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2018 10 16 CC
CITY COUNCIL AGENDA 1 OCTOBER 16, 2018 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, OCTOBER 16, 2018 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA 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 CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9 NAME OF CASE: CITY OF LA QUINTA V. CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP, ET AL., RIVERSIDE COUNTY SUP. CT. CASE NO. PSC1803284 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 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 City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA 2 OCTOBER 16, 2018 CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA 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). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - NONE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL JOINT STUDY SESSION MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION DATED OCTOBER 2, 2018 7 2. RECEIVE AND FILE ANNUAL REPORT OF ACTIVE DEVELOPMENT AGREEMENTS 25 3. APPROVE DEMAND REGISTERS DATED SEPTEMBER 28 AND OCTOBER 5, 2018 37 4. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JUNE 30, 2018 59 5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JULY 31, 2018 65 CITY COUNCIL AGENDA 3 OCTOBER 16, 2018 6. APPROVE CONTRACT SERVICES AGREEMENTS WITH HERMANN DESIGN GROUP, INC. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. AND DAVID EVANS AND ASSOCIATES, INC. FOR ON-CALL LANDSCAPE ARCHITECTURAL DESIGN SERVICES 71 7. APPROVE AMENDMENT NO. 8 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC. FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT (PROJECT NO. 2011-05) 169 8. ADOPT A RESOLUTION TO DECLARE A SHELTER CRISIS PURSUANT TO SENATE BILL 850 TO QUALIFY FOR FUNDING UNDER THE STATE OF CALIFORNIA HOMELESS EMERGENCY AID PROGRAM [RESOLUTION NO. 2018-049] 189 BUSINESS SESSION 1. CONSIDER A JOINT POWERS AGREEMENT WITH EASTERN COACHELLA VALLEY AUTHORITY FOR REGIONAL ECONOMIC DEVELOPMENT 195 2. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR MEDIAN MAINTENANCE FOR MADISON AND MONROE STREETS ADJACENT TO CORAL MOUNTAIN DEVELOPMENT; CEQA: CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 217 3. APPROVE VETERAN NOMINATIONS FOR INCLUSION ON VETERANS ACKNOWLEDGEMENT MONUMENT AT CIVIC CENTER CAMPUS 235 4. ADOPT RESOLUTION TO ADD TWO FULL-TIME POSITIONS TO THE CITY’S CLASSIFICATION SCHEDULE [RESOLUTION NO. 2018-050] 237 5. ADOPT RESOLUTION TO APPROVE FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016-0005, INCLUDING SITE PLAN, ARCHITECTURAL DESIGN AND LANDSCAPING FOR PLANNING AREAS 2, 3, AND 4 OF SILVERROCK SPECIFIC PLAN; LOCATION: SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET; CEQA: REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 2014- 1003, NO FURTHER REVIEW IS REQUIRED [RESOLUTION NO. 2018-051] 253 6. ADOPT RESOLUTION TO APPROVE FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016-0009, INCLUDING SITE PLAN, ARCHITECTURAL DESIGN AND LANDSCAPING FOR A 200-KEY HOTEL, NEW GOLF COURSE CLUBHOUSE, 10 GOLF VILLAS, AND A RESORT 377 CITY COUNCIL AGENDA 4 OCTOBER 16, 2018 RESIDENTIAL DEVELOPMENT WITHIN PLANNING AREAS 5, 6, AND 10A OF THE SILVERROCK SPECIFIC PLAN; LOCATION: SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET; CEQA: REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 2014-1003, NO FURTHER REVIEW IS REQUIRED [RESOLUTION NO. 2018-052] STUDY SESSION 1. UPDATE ON COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN 493 PUBLIC HEARINGS – NONE DEPARTMENTAL REPORTS 1. CITY MANAGER – SHUMWAY RANCH CARETAKER HOUSE UPDATE 495 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES A. COMMUNITY PROGRAMS AND WELLNESS 497 B. LIBRARY 503 C. MUSEUM 509 D. CODE COMPLIANCE/ANIMAL CONTROL 513 E. EMERGENCY MANAGEMENT 517 5. DESIGN AND DEVELOPMENT A. MONTHLY REPORT – SEPTEMBER 2018 521 B. TRAFFIC ENGINEER TO VIEW TEMPE IRONMAN TRAFFIC CONTROL 525 6. FACILITIES – SEPTEMBER 2018 MONTHLY REPORT 527 7. FINANCE – INVESTMENT POLICY CERTIFICATION 541 8. FIRE SERVICES – JULY-SEPTEMBER 2018 QUARTERLY REPORT 543 9. POLICE SERVICES – JULY-SEPTEMBER 2018 QUARTERLY REPORT 547 MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) CITY COUNCIL AGENDA 5 OCTOBER 16, 2018 8. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 10. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick and Radi) 11. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 13. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 14. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 15. CVAG PUBLIC SAFETY COMMITTEE (Peña) 16. EAST VALLEY COALITION (Peña) 17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 18. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Peña) 19. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 20. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Radi) 21. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi) 22. CVAG TRANSPORTATION COMMITTEE (Radi) 23. SUNLINE TRANSIT AGENCY (Radi) 24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi and Sanchez) 26. ANIMAL CAMPUS COMMISSION (Sanchez) 27. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Sanchez) 28. LEAGUE OF CALIFORNIA CITIES/TRANSPORTATION & LABOR POLICY (Sanchez) 29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on November 6, 2018, at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on October 12, 2018. DATED: October 12, 2018 MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL AGENDA 6 OCTOBER 16, 2018 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7092, 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) 777-7092. A one (1) week notice is required. If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL MINUTES Page 1 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION REGULAR MEETING OF THE CITY COUNCIL, AND SPECIAL JOINT STUDY SESSION MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 2, 2018 CALL TO ORDER A regular meeting of the La Quinta City Council and Special Joint Study Session meeting of the City Council and Planning Commission was called to order at 3:01 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA City Attorney Irhke asked to pull Consent Calendar Item No. 10 relating to Memorandum of Understanding (MOU) to purchase marine safety equipment for the Ironman 70.3 Indian Wells/La Quinta event for a separate consideration due to revisions to the MOU language requested by the City of Indian Wells; a red-line hand-out of the revised MOU was distributed to Council and was made available for the public. Mayor Evans said she would like to pull Consent Calendar Item Nos 7 and 8 and move them to Business Session Item Nos 2 and 3 relating to Award Contract to Elecnor Belco Electric, Inc. for the Highway Safety Improvement Program Intersection Improvements Project (Project No. 2016-01) and Approve Cooperative Agreement with the Cities of Palm Desert and Indian Wells for the Design and Construction of the Washington Street Intersection with Fred Waring Drive (Project No. 2017-01), respectively. Council concurred. CONSENT CALENDAR ITEM NO. 1 7 CITY COUNCIL MINUTES Page 2 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 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) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERT S. GREEN, SILVEROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:04 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported: 1. Closed Session Item No. 1 – no actions were taken that require reporting pursuant to Government Code section 54957.1 (Brown Act). 2. Closed Session Item No. 2 – Council will reconvene the Closed Session portion of the meeting to consider this item after the open session portion of the meeting. PLEDGE OF ALLEGIANCE Councilmember Radi led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Dale Tyerman, La Quinta – commended Council and Staff for their leadership; expressed his gratitude to Council and Staff, on behalf of the Trilogy community, for their efforts, support, and proactive communication to address the concerns of the Trilogy community; and noted there was still a lot of work to be done in working with the potential new 8 CITY COUNCIL MINUTES Page 3 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION owners of the Andalusia development to move forward with resolutions to the lack of road improvements along Avenue 60 as expeditiously as possible. MR. LENCH’S PUBLIC COMMENT BELOW, ON MATTER NOT ON THE AGENDA, WAS DELIVERED DURING JOINT STUDY SESSION ITEM NO. 3 PUBLIC SPEAKER: Skip Lench, President of Lench Design Studio, La Quinta – said he has been designing and building homes in La Quinta for 30 years; sometimes rules that appear insignificant could inhibit the potential development of a property; spoke about an office building project he developed in the past on Avenida La Fonda; distributed to Council a hand- out consisting of the site plan and floor plan of a conceptual Mountain View Apartments project, currently under preliminary review with Staff, which was made available to the public and included in the agenda packet; asked that Council consider a parking relief to allow placing two additional parking spaces that back-out into the street, which is currently not allowed pursuant to the code; and noted that rules should be evaluated depending on the type of project and the area it is located. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. PROCLAMATION HONORING FIRE PREVENTION WEEK IN LA QUINTA – OCTOBER 7 – 13, 2018 Mayor Evans and Councilmembers presented Battalion Chief DeLaCruz and the fire team with a proclamation honoring Fire Prevention Week in La Quinta and commended them for their service. Battalion Chief DeLaCruz spoke about the Fire Department’s safety theme of “Look, Listen, Learn, Be Aware, Fire Can Happen Anywhere” and safety and protection fire measures. 2. PROCLAMATION HONORING CODE OFFICER APPRECIATION WEEK AND LA QUINTA CODE OFFICERS Mayor Evans and Councilmembers presented the City’s Code Compliance team consisting of Code Compliance Supervisor Meredith, Code Compliance Officers Campbell, Duchene, Escatel, and Rodarte with a proclamation honoring La Quinta Code Officers and Code Officer Appreciation Week in La Quinta, and commended them for their efforts, dedicated service, and maintaining La Quinta’s quality of life. Code Compliance Supervisor Meredith, on behalf of the Code Compliance team, thanked the City’s leadership for their invaluable and continuous support. 9 CITY COUNCIL MINUTES Page 4 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION 3. PROCLAMATION HONORING POLICE VOLUNTEER MILDRED DONLEY FOR HER PUBLIC SERVICE Mayor Evans and Councilmembers presented Police Volunteer Mildred Donley for her dedicated community service; outstanding community involvement and outreach; ability to connect with the community; and presented her with a proclamation honoring her 11 years of public service. Riverside County Sheriff’s Department Captain Reynolds spoke about Mildred Donley’s exceptional dedication to public service and expressed her gratitude on behalf of the Riverside County Sheriff’s Department. CONSENT CALENDAR 1. APPROVE MINUTES DATED SEPTEMBER 18, 2018 2. EXCUSE ABSENCES FOR COMMUNITY SERVICES COMMISSIONER DORI QUILL FROM OCTOBER 8, 2018 COMMUNITY SERVICES COMMISSION MEETING AND PLANNING COMMISSIONER PAUL QUILL FROM OCTOBER 9, 2018 PLANNING COMMISSION MEETING 3. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK’S ADMINISTRATIVE ASSISTANT AND CITY MANAGER’S MANAGEMENT ASSISTANT TO ATTEND THE CALIFORNIA CITY CLERK’S ASSOCIATION “NUTS AND BOLTS” WORKSHOP IN BREA, CALIFORNIA, OCTOBER 15-16, 2018 4. AUTHORIZE OVERNIGHT TRAVEL FOR ANIMAL CONTROL/CODE COMPLIANCE SUPERVISOR AND MANAGEMENT SPECIALIST TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL MANAGEMENT ACADEMY IN CARLSBAD, CALIFORNIA, OCTOBER 22-25, 2018 5. APPROVE DECLARATION AND DISPOSAL OF SURPLUS EQUIPMENT 6. APPROVE DEMAND REGISTERS DATED SEPTEMBER 7, 14, AND 21, 2018 10 CITY COUNCIL MINUTES Page 5 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION 7. pulled and moved to Business Session Item No. 2 by Mayor Evans >>> AWARD CONTRACT TO ELECNOR BELCO ELECTRIC, INC. FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM INTERSECTION IMPROVEMENTS PROJECT (PROJECT NO. 2016- 01) 8. pulled and moved to Business Session Item No. 3 by Mayor Evans >>> APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF PALM DESERT AND CITY OF INDIAN WELLS FOR DESIGN AND CONSTRUCTION OF THE WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE (PROJECT NO. 2017-01) 9. APPROVE AMENDMENT NO. 5 TO IMPLEMENTAION OF SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL TO PROVIDE SILVERROCK WAY PLAN MODIFICATIONS (PROJECT NO. 2014-13) 10. APPROVE MEMORANDUM OF UNDERSTANDING (MOU) TO PURCHASE MARINE SAFETY EQUIPMENT FOR THE IRONMAN 70.3 INDIAN WELLS/LA QUINTA EVENT MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve Consent Calendar Item Nos. 1-6 and 9 as recommended. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 10 City Attorney Ihrke said the City of Indian Wells requested revisions to Sections 1.2, 2.1, 2.3, 5.2, 8.1, and 8.4 of the proposed MOU after the agenda packet was published; a red-line version of the revised MOU was distributed to Council and made available to the public; City Staff and City Attorney Ihrke have reviewed and concur with the proposed amendments. Council discussed the insurance and registration requirements for the marine safety equipment; notarized certification that the equipment is not contaminated, which will be verified upon delivery; storing the equipment at a facility owned and operated by the Coachella Valley Water District; and the MOU includes a “not to exceed” amount capping the City’s financial obligation. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to approve Consent Calendar Item No. 10 as amended. Motion passed unanimously. 11 CITY COUNCIL MINUTES Page 6 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION BUSINESS SESSION 1. APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2018/19 Community Resources Manager Calderon presented the staff report, which is on file in the Clerk’s Office. Councilmember Fitzpatrick said she is an Ophelia Project mentor at the Coachella Valley High Schools and any support the Council can give to the project would highly benefit the community; and the Riverside County Sheriff Explorer Post 503 program has been very successful at La Quinta High School and Council should consider opportunities to fund this program every year. Council discussed the high-quality of community program applications received this round; tracking and reporting of activities of starter grant recipient organizations; match grant ratio for Old Town Artisan Studio (OTAS) perhaps being 2-to-1 instead of 1-to-1 match; Staff’s discussions with OTAS leadership on the organizations marketing plan to promote programs and services, programming schedule, and operations. PUBLIC SPEAKER: Captain Reynolds introduced Deputy Damien Ruiz, advisor to Thermal Sheriff’s Station Explorer Post 503 and said the program does an excellent job of not only introducing youth to a career in law enforcement but also exposing them to leadership and challenges through competitions and posts throughout the United States. Mr. Rees thanked the Council for their consideration and said the Explorer program is non-profit 501(c)(3); its objective is to educate youths, between the ages of 14 to 20 years old, in criminal justice with law enforcement; expose them to the different aspects of the justice system, from law enforcement corrections down to judicial; and described the frequency and strategy of the trainings and competitions. Mayor Evans and Councilmembers took a group photo with the Explorer Post 503 mentors and participants. PUBLIC SPEAKER: Bob Horn, Founder/President of All Things Are Possible, Inc. (ATAP), Palm Desert – said the Caleo Bay is part of the organization’s adult program and they have joint efforts on the Ballroom Dancing, Dancing With a Partner, and Music and Motion programs; and thanked Council for their consideration. 12 CITY COUNCIL MINUTES Page 7 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION PUBLIC SPEAKER: Sarah Bryant, Executive Director with Desert Cancer Foundation (DCF) introduced Board President Frank Harrison and noted DCF has had great impact on the City of La Quinta, about 30 La Quinta residents were served by DCF last year, which is approximately 20% of the individuals served by the DCF annually, who need financial support to afford a variety of cancer treatments; every dollar of funding raised translates into $10 of cancer care; thanked Council for the City’s continuous support, generosity, and partnership with the community, on behalf of DCF; and spoke about DCF’s partnership with La Quinta High School and the students’ participation in DCF efforts. PUBLIC SPEAKER: Tom Snyder, CEO of Animal Samaritans – said the organization was founded in 1978 and celebrated its 40th year serving the community and improving the lives of animals and people; spoke about the services the organization provides; noted the grant funds will be allocated to the Adoption Alliance Rescue program; and thanked Council for their continued support. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve First Round Community Services Grants for fiscal year 2018/19, as recommended by the Community Services Grant Ad-Hoc Committee for a total amount of $20,500, and adding the match grant of $25,000 to OTAS. Motion passed unanimously. 2. pulled from Consent Calendar Item No. 7 and moved to Business Session by Mayor Evans >>> AWARD CONTRACT TO ELECNOR BELCO ELECTRIC, INC. FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM INTERSECTION IMPROVEMENTS PROJECT (PROJECT NO. 2016-01) City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. Council discussed the new City street signs and panels that will be installed in early 2019; project funding is a combination of fiscal year 2016/17 Capital Improvement Program HSIP Grant funds of $1,134,300 and Measure A Funds of $126,100, for a total project cost of $1,260,400; complexity of the project; other on-going capital improvement projects to maintain and continuously improve the City’s infrastructure; California Department of Transportation (Caltrans) must approve the final project specifications before the City can install fiber optics, which would then upgrade traffic signal synchronization; the multi-agency regional collaborative efforts, including Caltrans and Coachella Valley Association of Governments (CVAG), to 13 CITY COUNCIL MINUTES Page 8 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION synchronize traffic signals on the valley’s major arterials such as Highway 111 and Washington Street; grant funds the City received for traffic signal synchronization improvements; and the process to implement this project which starts with securing the funding, followed by design, Caltrans approval, and then construction. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to award a contract to Elecnor Belco Electric, Inc. in the amount of $815,411 for the Highway Safety Improvements Program Intersection Improvements Project. Motion passed unanimously. 3.pulled from Consent Calendar Item No. 8 and moved to Business Session by Mayor Evans >>> APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF PALM DESERT AND CITY OF INDIAN WELLS FOR DESIGN AND CONSTRUCTION OF THE WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE (PROJECT NO. 2017-01) City Engineer McKinney presented the staff report, which is on file in the Clerk’s Office. Council discussed the traffic congestion issues with this intersection that triggered recommendations from the City’s Traffic Engineer, as well as the Traffic Engineers from the neighboring Cities of Palm Desert and Indian Wells, to institute triple left-turn lanes to improve traffic flow; collaborative funding of this project with CVAG funding 75%, and the three cities splitting the remaining 25% based on their respective ownership of the signals; if no improvements are installed the intersection’s current “C” grade would go down to “F” grade by 2025 based on traffic analyses. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to approve a cooperative agreement with the Cities of Palm Desert and Indian Wells for the design and construction of the Washington Street intersection with Fred Waring Drive Project; and authorize the City Manager to execute the agreement. Motion passed unanimously. PUBLIC HEARINGS – None THE REMAINING ITEMS ON THE AGENA WERE TAKEN OUT OF ORDER AND PRIOR TO THE SPECIAL JOINT STUDY SESSION BETWEEN THE LA QUINTA CITY COUNCIL AND PLANNING COMMISSION 14 CITY COUNCIL MINUTES Page 9 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION All reports are on file in the City Clerk’s Office. 1. UPDATE ON JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY JOINT POWERS AUTHORITY (JPA) TERMINATION City Manager Spevacek presented the department report, which is on file in the Clerk’s Office. Council discussed the Air Show, which would continue to be held every two years alternating between Jacqueline Cochran Regional Airport and Hemet- Ryan Airport; reasons for dissolving the JPA, which was formed in the earlier years when the Coachella Valley cities were still in the process of annexing land, mainly to ensure cities were aware of Riverside County development efforts; and lack of authority of each jurisdiction under the JPA over Riverside County. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Mayor Evans announced that La Quinta will hold its annual State of the City event on October 12, 2018, at 12:00 noon, at the Embassy Suites La Quinta, and invited the public to attend and receive an update on the City’s on-going and future efforts. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2018, Mayor Evans reported on her participation in the following organizations’ meetings: CVAG EXECUTIVE COMMITTEE GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU LEAGUE OF CALIFORNIA CITIES DELEGATE La Quinta’s representative for 2018, Councilmember Peña reported on his participation in the following organizations’ meetings: CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE EAST VALLEY COALITION Mayor Evans said the City received correspondence from Riverside County stating that the Board of Supervisor passed a resolution declaring a shelter crisis in the unincorporated areas of the County, which would allow the County to receive funds from the State of California’s Homeless Emergency Aid Program (HEAP), authorized by SB 850. This item will be scheduled for Council consideration at the October 16, 2018, Council meeting. DEPARTMENTAL REPORTS 15 CITY COUNCIL MINUTES Page 10 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION La Quinta’s representative for 2018, Councilmember Radi reported on his participation in the following organizations’ meetings: COACHELLA VALLEY ECONOMIC PARTNERSHIP SUNLINE TRANSIT AGENCY La Quinta’s representative for 2018, Councilmember Sanchez reported on his participation in the following organization’s meeting: ANIMAL CAMPUS COMMISSION COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 5:17 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:02 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken on Closed Session Item No. 2 that require reporting pursuant to Government Code section 54957.1 (Brown Act). SPECIAL JOINT STUDY SESSION BETWEEN THE LA QUINTA CITY COUNCIL AND PLANNING COMMISSION (6:00 p.m. or shortly thereafter) A special Joint Study Session between the La Quinta City Council and Planning Commission was called to order at 6:04 p.m. by Mayor Evans and Chairperson McCune. CALL TO ORDER – Planning Commission PRESENT: Commissioners Bettencourt, Currie, Proctor, Wright, and Chairperson McCune ABSENT: Commissioners Caldwell and Quill Chairperson McCune asked Mayor Evans to act as presiding officer for the Planning Commission during the special Joint Study Session meeting. STUDY SESSION – City Council and Planning Commission 1. DISCUSS HIGHWAY 111 CORRIDOR (CORRIDOR) VISIONING Planning Manager Perez presented the staff report, which is on file in the Clerk’s Office. 16 CITY COUNCIL MINUTES Page 11 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION Council and Planning Commission discussed types of incentives that could be offered to business owners, perhaps not financial, but in the form of collective design plans or other services that would benefit the community in general and would facilitate the landscape improvements for individual shopping center owners; conducting an audit to identify the existing development standards, related limitations, and compare it to what an area plan would allow for businesses; existing individual specific plans (SP) guidelines, and the ability to keep SP guidelines as part of an area plan; existing setback requirements and the need to evaluate what would constitute an optimal use of that land; possible benefits in amending the 65’ setback along the Corridor to encourage pedestrian connectivity and increase visibility of each development; the landscape buffer zone requirements from 25 years ago is outdated in light of recent mixed-use overlay zone efforts to mitigate and soften the sea of asphalt; evaluating the need for the 50’ canal setback, if there isn’t safety perils, and implementing pedestrian access north-south points for businesses located north of Highway 111; developing landscape standards that are maintainable and realistic, while aesthetically pleasing; potential disadvantage to individual business owners of not having SPs compared to having a uniform Corridor area plan that ties in the entire Corridor; mixed-use overlay zone is within the development framework of the General Plan, and included in the environmental review conducted at that time, thus, an area plan would not require an Environmental Impact Report (EIR); ability to have a hybrid incorporating individual shopping center SPs and an area plan; the importance that business owners are engaged in this process to ensure that any expansion or redevelopment of the Corridor is economically beneficial to them and the community as a whole; alleviating existing parking restrictions; Highway 111 business owners know best what type of development would increase traffic and generate more business for the area; and these improvements will take a long time to develop. Council and Planning Commission further discussed that an area plan would also create a sense of collegiality between all business owners along the Corridor and an opportunity for them to share and bench-test their visions with surrounding businesses; the Urban Land Institute’s (ULI) recommended three districts along the Corridor consisting of: 1) Art and Entertainment district near the Century La Quinta movie theater, 2) Retail and Recreation district near the auto dealerships and CV Link; and 3) Hospitality and Mixed- Use district near the future Marriott hotel, and possibility of pedestrian connectivity between the north and south; ability to develop the back side, north of the Corridor and connect it to CV Link; possible need for a traffic analysis depending on the type of improvements proposed; CV Link stops, 17 CITY COUNCIL MINUTES Page 12 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION access points, and signage; establishing a CV Link-La Quinta marketing strategy; CVAG efforts to secure a grant for the Cities of La Quinta, Indio, and Coachella, to create a music and art pedestrian/bike/scooter activated corridor along Avenue 48 that ties in with the music festival destinations, but also ties in with the Corridor improvements; re-evaluating the Corridor setbacks would increase business visibility and possibly allow for expansion; access points and connectivity to CV Link being a key component of the Corridor’s visioning; need to develop several visual conceptual development options of the Corridor’s connectivity with CV Link to share with business owners; need to continue to revisit the City’s development guidelines and allow flexibility to better align the code with current market and economic conditions; collaborating with businesses and allowing trial programs to evaluate efficiencies; looking at new and different ways to do landscaping in the desert, particularly in parking lots, and getting away from placing trees in squares that would eventually die because the environment would not sustain them; possibly integrating parking into bigger landscaped areas that are conducive to people coming into the property to visit pop-up stores; sustainability of current brick-and-mortar stores and parking requirements in light of the evolving e-commerce; partnering with Sunline to provide transportation to the Corridor; using fabrics that are aesthetically pleasing and provide shade instead of landscaping that requires constant maintenance and watering; and allowing exceptions to the existing guidelines that would enable businesses to grow and expand, and create a more lucrative vision, would constitute incentives. Council and Planning Commission further discussed that the incentives offered to the auto dealerships are not financial, but tied into landscape and sidewalk capital improvements of the City’s property along the auto dealerships frontage, which will benefit both the City and the businesses; and the rate of return on this capital improvement investment is greatly outweighed by revenues that would be generated for the City by the dealerships over the next 10 years. PUBLIC SPEAKER: Curtis Barlow, MBA, JD, Executive Vice President/Partner with Coldwell Banker Commercial Lyle & Associates, representing Jack Tarr and the owners of the Washington Shopping Center – said it was very admirable of the City’s leadership and commended Council and the Planning Commission for undertaking this project, particularly for the community outreach to engage property owners and receive their input; attended the ULI report presentation of the Corridor visioning back in May; there are several large undeveloped parcels along the Corridor, which are great opportunities for developing north-south connectivity; particularly the gap in Corporate Center Drive, if the street is developed through, it would create a 18 CITY COUNCIL MINUTES Page 13 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION 200’ band against the edge of the wash/CV Link where restaurants with large patios could be developed, even create an entire boulevard of specialty restaurants; the drought has affected what used to be a very attractive green landscaping belt on both sides of Highway 111 and it is forcing us to look at landscaping entirely different because we don’t have enough water to support it; allowing mixed-use and residential development as part of the area overlay is very beneficial, and would allow senior housing development opportunities for areas that have stayed undeveloped for a long time because they were unattractive to businesses. Mr. Curtis commended the City’s leadership again for their efforts to engage the community and property owners. Council and Planning Commission discussed the importance of community engagement and that it is an integral part of this process to ensure long term success and sustainability of the Corridor; and that market and economic conditions often dictate community needs. Council and Planning Commission reached a consensus and expressed support to create a Corridor Area Plan that would provide a set of design guidelines, traffic analysis, and code revisions; conduct an audit of the Corridor SPs; allow business owners to retain aspects of existing SPs that facilitate and are vital for their business operations; assess current Corridor zoning standards; ability to offer incentives by establishing more efficient building and development approval processes; Option 2, as proposed by Staff, provides an opportunity for the City to engage business owners and get vital feedback; and to evaluate the project comprehensively in concert with the Avenue 48 music and art corridor and CV Link. 2. DISCUSS AMENDMENTS TO THE CENTRE AT LA QUINTA SPECIFIC PLAN (SP 1997-029) Assistant to the City Manager Villalpando presented the staff report, which is on file in the Clerk’s Office. Staff proposed two options to move forward: Option 1: Amend the existing SP, approximately a 90-day process, to modify a)the existing sign standards to allow a stand-along sign program for the auto dealerships; and b)the parkway landscaping scheme and vehicle display standards to facilitate the vehicle display pads. 19 CITY COUNCIL MINUTES Page 14 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION Process a Site Development Permit to approve landscaping plan and signage program. Relocate the existing sidewalk onto City property. Option 2: Leave the frontage landscaping and sidewalk as-is. Enforce current code requirements on landscape maintenance and vehicle display in the parkway and City right-of-way. Council and Planning Commission discussed Staff’s ability to initiate the study for a Corridor’s Area Plan instead of the 90-day SP amendment; the SP amendment would be a much quicker process and could be incorporated into the area plan later on; the need to move forward with the auto dealerships’ landscaping, sidewalk, and signage improvements as soon as possible; there are no financial incentives offered to the auto dealerships, instead the City is investing in landscaping and sidewalk capital improvements of the City’s property along the auto dealerships’ Highway 111 frontage, which will benefit both the City and the businesses; the rate of return on this capital improvement investment is greatly outweighed by revenues that would be generated for the City by the dealerships over the next 10 years; the proposed improvements would allow the dealerships to construct vehicle display pads to effectively display their product, which is currently below eye-level; recent market conditions show an increase of used car sales, which must be properly displayed as usually used cars are not part of the dealership brand; and the current sinking dealerships’ terrain was not natural and it was intentionally created due to the SP requirements. Council and Planning Commission further discussed the need to have a set number of vehicles allowed to display per dealership, improve the temporary sign displays, and maintain the landscaping; there being three different land owners – the City, common area owned by the auto dealerships association, and individual-dealership land; what other associations of businesses might exist between property owners along Highway 111, and would the Corridor Area Plan impact these associations and how; SPs establish specific zoning requirements related to the areas they cover, which would not be superseded by the area plan; SPs can be rescinded only with the property owners approval; the successful design and implementation of a Corridor Area Plan is contingent upon joint collaboration between the City, property owners, and associations; the City has worked with the auto dealerships for three years to achieve consensus for the proposed improvements; possibility that the new owners of the Chevrolet Cadillac dealership will also participate in these efforts; 20 CITY COUNCIL MINUTES Page 15 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION Council and Planning Commission reached a consensus and directed staff to initiate Option 1, as outlined above, followed by Option 2. COUNCILMEMBER PENA LEFT THE DAIS AT 7:22 P.M. 3. DISCUSS PROPOSED AMENDMENTS TO TITLES 9 AND 13 OF THE LA QUINTA MUNICIPAL CODE RELATED TO FLAGPOLES, GARAGE SPACES, AND LOT LINE ADJUSTMENTS TO STREAMLINE DEVELOPMENT PROCESSES AND STANDARDS FLAGPOLES Associate Planner Flores presented the information on ground-mounted flagpoles for single-family homes contained in the staff report, which is on file in the Clerk’s Office. Council and Planning Commission discussed the proposed maximum height for ground-mounted flagpoles would be set at 20’; flagpole lighting cannot be regulated by the City; importance to include federal Flag Etiquette – Standards of Respect with flagpole applications; the City cannot legally regulate flagpole content displays, homeowner associations can because they are not governmental entities; currently homeowners are able to mount flag holders on the structure of homes; homeowners would have to obtain a building permit to install a ground-mounted flagpole in their yard; federal law dictates flag protocol; however, governmental entities cannot enforce it against civilians who are not following it, without violating their first amendment rights; existing flagpoles exceeding 20’ in height would be grandfathered in under the City’s legal non-conforming code; City flagpole regulations would have to be content neutral; if displayed content does not constitute protected speech as ruled by the Supreme Court or lower courts, such as pornography, it would be considered objectional and would not be protected; and City regulations would be drafted so to allow Staff the ability to address non-protected content, which could be included in the Ordinance, or as an enabling Resolution pursuant to the Ordinance, and as part of the building permit. Council and Planning Commission reached a consensus and directed staff to move forward with establishing standards on flagpoles for single-family homes and bring the item back for Planning Commission and Council consideration and approval. 21 CITY COUNCIL MINUTES Page 16 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION GARAGE SPACES Associate Planner Flores presented the information on additional garage spaces requirements contained in the staff report, which is on file in the Clerk’s Office. Council and Planning Commission discussed considering driveway spaces as parking spaces; definition of a garage under the code is very specific and does not count driveways, carports, or golf cart garages as garage spaces; recent requests for bedroom expansions from larger estates that already have three- and/or four-car garages; and the increased number of garage spaces was in an effort to ensure short-term vacation rental (STVR) properties have sufficient parking for the allowed number of guests and do not take away street parking from full-time residents. AT THIS TIME PUBLIC COMMENT ON MATTER NOT ON THE AGENDA WAS PROVIDED BY MR. SKIP LENCH, WHICH IS REFLECTED UNDER THE “PUBLIC COMMENT” SECTION OF THE AGENDA. PUBLIC SPEAKER: Chris Herman, President/CEO of Hermann Design Group – said he has a STVR in La Quinta, that he is considering moving into and would like to convert a room which is currently an extension of the master bedroom and it is not being utilized effectively, into a separate bedroom, but in order to do that, he would have to add another garage space to the property; this additional garage space requirement was enacted in an effort to control the number of allowed visitors in STVR; talked about the number of allowed guests for his STVR based on the number of bedrooms and the available parking accommodations; spoke about the need for a nexus between development parking requirements and the City’s efforts to soften and mitigate the seas of asphalt and reevaluate parking design; noted the difference in additional garage space requirements pursuant to the code dependent on whether the home is a STVR or owner occupied; noted he submitted written comments on this item prior to the meeting, which were distributed to Council, made available to the public, and included in the records; and requested that Council and Planning Commission consider the implications of requiring additional garage space in further detail and perhaps amend this to include language that permits an occupancy to off- street parking ratio that aligns with the current bedroom to occupancy ratio. Council and Planning Commission discussed the parking requirements were amended because there were STVR homes that were being built-out into seven/eight-bedroom places and creating parking challenges for the surrounding residents; the ability to empower Staff to make discretionary decisions based on project types and circumstances, and ability to appeal 22 CITY COUNCIL MINUTES Page 17 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION Staff’s decisions to the Planning Commission or Council; perhaps allowing the homeowner to demonstrate to Staff the ability to meet parking requirements based on the number of bedrooms on a case-by-case basis; existing parking provision are specific that additional parking cannot result in any new street curb cuts; the need to amend the code to eliminate specific parking regulations, if the direction is to grant Staff discretionary power; amending the code would take approximately 90 days; Council and Planning Commission reached a consensus and directed Staff to prepare a code amendment that would only require an additional garage space if the existing home has only two garage spaces; revisit allowing driveway spaces to be considered as parking spaces, not only enclosed space, if they are not resulting in new street curb cuts; and bring the item back for Planning Commission and Council consideration and approval. COMMISSIONER BETTENCOURT STATED FOR THE RECORD THAT HE HAS A BUSINESS RELATIONSHIP WITH HERMAN DESIGN GROUP RELATED TO DESIGN SERVICES FOR PROPERTIES NOT LOCATED IN LA QUINTA. LOT LINE ADJUSTMENTS (LLA) Associate Planner Flores presented the information on lot line adjustments contained in the staff report, which is on file in the Clerk’s Office. Council and Planning Commission discussed allowing reduction of lots through a LLA was reasonable. Council and Planning Commission reached a consensus and directed staff to prepare a code amendment that would allow for parcel mergers to occur via a LLA if the number of lots is being decreased, which is consistent with the Subdivision Map Act, and bring the item back for Planning Commission and Council consideration and approval. Council and Planning Commission commended Planning Manager Perez for his dedication, efforts, and expertise; thanked him for his assistance; and wished him success in his new endeavor. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Radi to adjourn the regular City Council meeting and the special Joint Study Session meeting between the City Council and Planning Commission at 8:05 p.m. 23 CITY COUNCIL MINUTES Page 18 of 18 OCTOBER 2, 2018 SPECIAL JOINT STUDY SESSION – LA QUINTA CITY COUNCIL & PLANNING COMMISSION Motion passed: AYES – Councilmembers Fitzpatrick, Radi, Sanchez, Mayor Evans; Planning Commissioners Bettencourt, Currie, Proctor, Wright, and Chairperson McCune; NOES – None; ABSTAIN – None; ABSENT – Councilmember Peña; Planning Commissioners Caldwell and Quill. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 24 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE ANNUAL REPORT OF ACTIVE DEVELOPMENT AGREEMENTS RECOMMENDATION Receive and file annual report of active development agreements. EXECUTIVE SUMMARY The La Quinta Municipal Code requires annual Council review of active development agreements (DA). Four active development agreements were reviewed including the Centre Pointe, Legacy Villas, Signature at PGA West, and SilverRock Resort development projects. Centre Pointe development is currently out of compliance. The Planning Commission reviewed the report on July 24, 2018 with no further recommendations to the City Council. Updates have been included in this report. FISCAL IMPACT The Centre Pointe development is out of compliance with DA terms. BACKGROUND/ANALYSIS The periodic review of DAs is required by the City Council at least every 12 months from the date the DA was entered into until the expiration of the agreement. Last year, five active DAs were reviewed (Attachment 1) and identified. Of the five, Village Park Animal Hospital, was determined to be in full compliance with no further obligations. The remaining agreements are summarized in the table below. The Centre Pointe Development is not in compliance with DA terms. CONSENT CALENDAR ITEM NO. 2 25 Active Development Agreements Project Name Applicant Project Description Effective Date Status 1 Centre Pointe Centre Pointe Development LQ, LLC 50-acre Mixed-use development at SEC of Washington Street and Miles Avenue July 17, 2003 (Expires 2053) Under Review 2 Legacy Villas Centex Homes 280 residential units at NWC of Coachella and Eisenhower November 20, 2003 (Expires 2053) Compliance Mitigation Fees are being collected 3 Signature (PGA West) Villas, Haciendas, Estates Crown Pointe Partners, LLC 264 condo/townhome units at PGA West August 18, 2008 (Expires 2058) Compliance Mitigation Fees are being collected 4 SilverRock Resort SilverRock Development Company, LLC Development of the SilverRock Resort including luxury hotel, lifestyle hotel, luxury branded residential, shared services and conference center, and mixed-use village. October 29, 2014 (expires October 29, 2044) Compliance Site Development Permits for Planning Areas 2-6 recently approved and construction anticipated to commence. The Centre Pointe, Legacy Villas, and Signature developments are within the Tourist Commercial District, with representative land uses that include tourist and resort oriented commercial uses that generate transit occupancy tax revenue. These projects included DAs for a per unit payment to the City for potential loss of anticipated general fund revenues from transient occupancy tax as a result of the use of these sites for a residential resort development instead of a traditional tourist commercial use, such as a hotel. The Centre Pointe development included partial construction of casitas and sanctuary villas that are subject to payment of one-time and annual mitigation fees to the City, unless the City receives $546,131 minimum annual transient 26 occupancy tax (TOT) for three consecutive years generated by the development. The Finance Department has reported that this threshold has not been met and they are required to continue payment of mitigation fees. The Centre Pointe homeowner association (HOA) has requested information via public records request to verify if the TOT threshold has been met. Discussions between Staff and HOA continue. The Legacy Villas and Signature developments comply with DA terms for mitigation payment obligations. Summaries of each DA are provided as Attachments 2-5. ALTERNATIVES The Council may request Staff commence proceedings to enforce, modify, or terminate the Centre Pointe DA if the Council determines that the applicant has not complied in good faith with DA terms. Attachments: 1. Map of developments with active development agreements 2. Centre Pointe Development Agreement Summary 3. Legacy Villas Development Agreement Summary 4. Signature Development Agreement Summary 5. SilverRock Resort Development Agreement Summary Prepared by: Cheri Flores, Senior Planner Approved by: Danny Castro, Design and Development Director 27 28 SH-111 MADISON ST54TH AVEWASHINGTON ST48TH AVE EISENHOWER DR52ND AVE JEFFERSON STAVENIDA BERMUDASMILES AVE AVENIDA CARRANZA50TH AVE AIRPORT BLV CALLE TAMPICO EISENHOWER DR 50TH AVE JEFFERSON ST Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GISUser Community Development Agreement Project Locations ¯ CREATED FEBRUARY 24, 2017 CENTRE POINTE LEGACY VILLAS SILVERROCK SIGNATURE ATTACHMENT 1 29 30 Centre Pointe Development Agreement (DA2003-0006) Project Description: 134-room hotel, 136 condo/casita units, residential development of 54 detached homes, 14 market rate homes, 40 affordable homes, 2 restaurants, medical office, surgical facility, 132-suite retirement community, 72- suite assisted living, and a 32-bed memory care facility. Applicant: Centre Pointe Development LQ, LLC Case No.: Development Agreement 2003-006, Ord 409, 423, 455 and 504 (4 DA amendments approved) Related Case: Specific Plan 2001-055 Effective Dates: July 17, 2003, Expires July 17, 2053 (50 YEARS) Terms: • Developer to construct 134-guest room hotel, 136 condo/casitas units, 13 courtyard cluster villas, 54-unit residential development, 14 market rate homes, 40 affordable homes, two restaurants, medical office/ surgical facility, 26 sanctuary villas. • Development of a Casitas HOA • CASITAS DEVELOPMENT: A resort-style condominium with 136 condominium/casitas units. One-time Mitigation: $1,500 for each unit with payment due upon the first close of escrow. Annual Mitigation: Each July 1 the Casitas HOA shall pay annual mitigation fee of $150 for each unit sold to a purchaser. Fee shall not be required to be paid for any operative year in which the City has received transient occupancy taxes derived from the Suites Hotel parcel, casitas parcel, and sanctuary villas parcel which equals or exceeds $546,131 for the applicable operative year. If City received minimal annual TOT ($546,131) in each of three consecutive operative years, the Casitas Development HOA’s obligation to pay the annual mitigation fee shall be terminated. • SANCTUARY VILLAS DEVELOPMENT: A development containing 26 sanctuary villas. One-time Mitigation: $2,150 for each unit with payment due upon the first close of escrow. Annual Mitigation: Each July 1 the Casitas HOA shall pay annual mitigation fee of $150 for each unit sold to a purchaser. Fee shall not be required to be paid for any operative year in which the City has received transient ATTACHMENT 2 31 occupancy taxes derived from the Suites Hotel parcel casitas parcel, and sanctuary villas parcel which equals or exceeds $546,131 for the applicable operative year. If City received minimal annual TOT ($546,131) in each of three consecutive operative years, the Sanctuary Villas Development HOA’s obligation to pay the annual mitigation fee shall be terminated. • Developer develops a neighborhood park. • Contribution towards landscape improvements Status: Under Review to determine compliance with one-time and annual mitigation payments for Casitas and Sanctuary Villas • Casitas and Sanctuary Villas (partially constructed) • Applebee’s restaurant (complete) • Homewood Suites by Hilton La Quinta (complete) • The Palms La Quinta retirement community (complete) • Eisenhower Medical Center (complete) • 2nd sit-down restaurant (vacant) • Pioneer Park (complete) To view the CP Development La Quinta LLC Development Agreement please use the following web address: https://lqdocs.laquintaca.gov/WebLink/DocView.aspx?id=20723&searchid=97fda75 b-ba06-4ee4-baf6-b22fc917c23a&dbid=1 32 LEGACY VILLAS DA TERMS (DA 2003-007) Project description: 280-unit Residential Resort on 44.61 Acres Applicant: Centex Homes Case No.: Development Agreement 2003-007 Related Case: Specific Plan 2003-065, Site Development Permit 2003-778, Environmental Assessment 2003-478 Effective Dates: Development Agreement is considered effective on December 12, 2003 and expires December 11, 2053 (50 YEARS). Terms: • A one-time mitigation fee of $2,500 per unit constructed in the project due on or before the date the building permit is issued for each unit. • Annual mitigation fee which is collected by the HOA at $1,000 per year per unit that has been sold to an owner. The HOA then forwards to the City of La Quinta. • The Annual mitigation fee is reduced from $1,000 to $500 per year if the City receives TOT from rental units in the project that exceeds $500,000 for three consecutive years during the term of the Development Agreement and can be totally eliminated if the City has received TOT from rental units in the Project in excess of $1,000,000 for any three consecutive operating years during the life of the Development Agreement. • Any rentals are subject to TOT. • Rental Tracking System by HOA. Status: Compliance Actual amount for 2017/18 is $346,813.65 Projected amount for 2018/19 is $360,304 To view the Centex Homes Development Agreement please use the following web address: https://lqdocs.laquintaca.gov/WebLink/DocView.aspx?id=20844&searchid=ad3e8b1 e-3d90-4f6b-a68e-9eb5b47804f6&dbid=1 ATTACHMENT 3 33 EDENROCK (SIGNATURE) DA TERMS (DA2006-011) Project Description: 264 condo/townhome units (83 courtyard, 79 Manor triplexes and 102 Village units) on 41.95 acres. Development Agreement entered into for purposes of payment to City a per unit upfront payment for potential loss of anticipated general fund revenues from “Transient Occupancy Tax” as a result of the use of the site for a residential resort instead of a traditional tourist commercial use such as a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. Applicant: Crowne Pointe Partners, LLC Case No.: Development Agreement 2006-011, Ordinance 457 Related Case: SP 83-002, Amendment No. 6, GPA 2006-107, ZC 2006-127, Tentative Tract Map 33226, SDP 2006-852 Effective Dates: August 18, 2008 and expires August 18, 2058 (50 YEARS) Terms: • Compliance with Conditions of Approval • Recordation of Covenants, Conditions and Restrictions • Payment to the City for each unit .75% of the developer’s full sale price of the unit upon close of escrow, inclusive of all developer-installed options and upgrades, with the amount of such sales price verified by the City. • Payment of Fair Share Improvements as identified in mitigation measures 11.0-3 and 11.0-4 of the project EIR. Status: Compliance • Project construction in initial stages • Mitigation fees are being collected • 2017/18 - $56,915.29 (14 units sold, including the models) To view the Crowne Pointe Partners Development Agreement please use the following web address: https://lqdocs.laquintaca.gov/WebLink/DocView.aspx?id=43952&searchid=5cee4ba e-3071-479a-ba63-3387e875ebd6&dbid=1 ATTACHMENT 4 34 SILVERROCK DA TERMS (DA 2014-1001 Ord. 520) Project description: Development of a resort development as follows: Area Project Components Acres PA 1 Modification of existing Golf Course 173 PA 2 a 140-room luxury hotel with spa and fitness center (170,000 sq. ft.) 17 acres PA 3 35 luxury-branded residential homes 14 acres PA 4 shared service/conference facility 12 acres PA 5 lifestyle hotel 200-(170,000 sq. ft.) 10 acres PA 6 luxury-branded residential development (66 units) 10 acres PA 7 Mixed-Use Village Area 1 (150 units) 10.5 acres PA 8 Resort Residential Village (160 units) 32 PA 9 Mixed Use Village Area II (80 units) 15 Applicant: SilverRock Development Company, LLC Effective Dates: • Development Agreement entered into on November 19, 2014 and expires November 19, 2044 (30 YEARS). • Amendment 1 to the DA was entered into on October 29, 2015 Case No.: Development Agreement 2014-1001, Ordinance 520 Related Cases: SDP 2016-005, SDP 2016-0009 Purpose (Amendment 1): Refinements to Site Map and detailed schedule of Performance for Developer to perform predevelopment tasks. The agreement proposed to eliminate uncertainty in planning and secure orderly development, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City. Key points of the Agreement: • Establishment of a vested right to execute and fulfill the development program in accordance with the SilverRock Resort Specific Plan and applicable zoning regulations in force when the Agreement goes into effect. • Permit and development impact fees are to be paid in accordance with those fees in force and effect as of the effective date of the Agreement. • Any non-city development fees, such as the CVMSHCP or TUMF fees, will be collected at the rate in effect at the standard time of collection. • Developer is responsible for executing development in accordance with identified development program. ATTACHMENT 5 35 • Developer acknowledges responsibility for CEQA mitigation monitoring. • The Agreement is to be reviewed at least annually in order to ensure compliance with provisions. Status: Compliance • Site Development Permits for PA 2, 3, 4, 5, and 6 Approved • A contract amendment regarding the development agreement terms and project schedule is currently being prepared. To view the Silver Rock Development Agreement please use the following web address: https://lqdocs.laquintaca.gov/WebLink/1/doc/44920/Page1.aspx 36 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED SEPTEMBER 28 AND OCTOBER 5, 2018 RECOMMENDATION Approve demand registers dated September 28 and October 5, 2018. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 4,065,715.18$ Successor Agency of RDA 23,629.15$ Housing Authority 1,496.00$ 4,090,840.33$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for September 28 and October 5, 2018. Warrants Issued: 119971-120053 1,156,112.42$ 120054-120147 581,154.53$ Wire Transfers 2,115,894.96$ Void (2,608.23)$ Payroll Tax transfers 43,254.51$ Payroll Chks 37362-37364 & Direct Dep 197,032.14$ 4,090,840.33$ One check was voided and reissued due to vendor having two different business entities. CONSENT CALENDAR ITEM NO. 3 37 The most significant expenditures on the demand registers are: Account Name Amount Riverside County Various 728,103.52$ July- Police Service Sheriff U.S National Civic Center 200,000.00$ City Hall Exterior Corporation Building Repair Painting Conserve Landcare Construction 185,700.06$ Quinterra & Adams Basin Project World Triathlon Community 75,000.00$ Ironman Event Corporation Experiences Hermann Design Design 51,717.28$ SilverRock Event Group INC Site Design PurposeVendor Wire Transfers: Eight transfers totaled $2,115,895. Of this amount, $1,900,469 was for Washington St Apartments, $129,025 for Landmark and $79,594 for CalPERS.(See Attachment 2 for a full listing). Purchase Orders/Contracts: During the two quarterly periods starting January 1 through June 30, 2018, 15 purchase orders were issued in amounts ranging from $25,000 to $50,000, for a total of $540,061 (Attachment 3). ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments:1. Demand Registers 2. Wire Transfers 3. Purchase Orders 38 9/28/2018 3:56:40 PM Page 1 of 7 Demand Register City of La Quinta Packet: APPKT01759 - DA 09/28/2018 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 7.61Tools/Equipment09/10/18- PRESSURE WASHER COUPLER119972AIR & HOSE SOURCE, INC.101-3005-60432 374.39Operating Supplies09/13/18- WC FITNESS CARDS119974ALPHA CARD 101-3002-60420 190.35Operating Supplies08/31-09/13/18- WC JANITORIAL SVC119975AMERIPRIDE SERVICES INC 101-3002-60420 50.00Cash Over/Short08/27/18- REFUND OVERPAYMENT BL FEE119976BAJA CONCRETE 101-0000-42300 128.73Travel & Training09/19/18- MILEAGE REIMB DUARTE TYLER…119980BLONDELL, KRYSTENA 101-1006-60320 865.00Maintenance/Services09/24/18- LQ PARK SIGNAGE CLEANING119981BLOWNAWAY BY WILLIAM 101-3005-60691 229.89Travel & Training09/12-09/14/18- MILEAGE/EXP REIMB119982CAMPOS, KARLA 101-1006-60320 7,897.76Dental Insurance Pay10/2018- DENTAL INSURANCE119985CIGNA HEALTH CARE 101-0000-20943 2,763.45Utilities - Water -Fritz Burns pa…09/21/18- WATER SERVICE119986COACHELLA VALLEY WATER DI…101-3005-61204 603.65Utilities - Water09/21/18- WATER SERVICE119986COACHELLA VALLEY WATER DI…101-3008-61200 59.68Citywide Conf Room Supplies09/12/18- CITYWIDE COFFEE SUPPLIES119989DAIOHS FIRST CHOICE SERVICES 101-1007-60403 39.02Materials/Supplies09/10/18- REPLACEMENT BULBS119991DESERT ELECTRIC SUPPLY 101-3005-60431 462.00Advertising08/2018- FEES UPDATE PUBLIC HEARING119992DESERT SUN PUBLISHING CO 101-1005-60450 246.40Advertising08/2018- PUBLICATION119992DESERT SUN PUBLISHING CO 101-1005-60450 462.00Advertising08/2018- TUMF PUBLIC HEARING119992DESERT SUN PUBLISHING CO 101-6001-60450 380.60Advertising08/2018- DH PHN PUBLIC HEARING119992DESERT SUN PUBLISHING CO 101-6002-60450 462.00Advertising08/2018- LQ NOI EA SP 2018119992DESERT SUN PUBLISHING CO 101-6002-60450 67.66Subscriptions & Publications10/2018- NEWSPAPER119993DESERT SUN, THE 101-3002-60352 22.00Cash Over/Short08/23/18- REFUND OVERPAYMENT STVR …119995ESTRADA, EDDY 101-0000-42300 40.00Fitness Membership Reimburs…09/17/18- FITPASS REIMB119997FERREIRA, ANGELA 101-1004-50252 43.53Utilities - Telephone09/2018- LQ PARK PHONE119999FRONTIER COMMUNICATIONS…101-3005-61300 600.00Community Special Events09/19/18- STATE OF CITY SEMINAR120002GCVCC 101-1001-60137 3,500.00Contract Services - Administrat…FY18/19 STATE LOBBYING & ADVOCACY S…120003GONSALVES, JOE A & SON 101-1002-60101 150.00Travel & Training09/12/18- CITY CLERKS WORKSHOP120010LEAGUE OF CALIFORNIA CITIES 101-1005-60320 48.06Materials/Supplies09/17/18- CITY HALL KEYS120011LOCK SHOP INC, THE 101-3008-60431 215.64Postage Machine09/13/18- PROPERTY TAX RECOVERY120012MAILFINANCE 101-1007-60661 3,300.00Administrative Citation Services09/26/18- 161813 PARTIAL CITATION DIS…120013MCLEAN COMPANY 101-6004-60111 350.00Maintenance/Services07/22/18- CITY HALL EXTERIOR CLEANING120014MERCHANTS BUILDING MAINT…101-3008-60691 27.82Office Supplies09/06/18- OFFICE SUPPLIES120018OFFICE DEPOT 101-1006-60400 5.26Office Supplies09/07/18- OFFICE SUPPLIES120018OFFICE DEPOT 101-1006-60400 10,613.65Sales Tax Reimbursements09/28/18- FY 18/19 QTR ENDING 6/30/18120019ONE ELEVEN LA QUINTA LLC 101-1007-60535 447.76Marketing & Tourism Promoti…09/18/18- HIGH TRAFFIC INDOOR MAT120021PALMS TO PINES PRINTING 101-3007-60461 204.00Cash Over/Short03/19/18- LIC 105044 REFUND OVERPAY…120022PATRICIA A REYNAN INC 101-0000-42300 250.00Maintenance/Services09/11/18- WC GENERATOR MAINT120025QUINN COMPANY 101-3008-60691 250.00Maintenance/Services09/11/18- FS #70 GENERATOR MAINT120025QUINN COMPANY 101-2002-60691 250.00Maintenance/Services09/11/18- CITY HALL GENERATOR MAINT120025QUINN COMPANY 101-3008-60691 250.00Maintenance/Services09/11/18- CITY HALL GENERATOR MAINT120025QUINN COMPANY 101-3008-60691 250.00Maintenance/Services09/11/18- FS#93 GENERATOR MAINT120025QUINN COMPANY 101-2002-60691 250.00Maintenance/Services09/11/18- FS#32 GENERATOR MAINT120025QUINN COMPANY 101-2002-60691 6.05Cash Over/Short09/05/18- REFUND OVERPAYMENT TOT J…120027RAT PACK HOMES, LLC 101-0000-42300 434,594.91Sheriff Patrol07/01-07/18/18- SHERIFF PATROL120028RIVERSIDE COUNTY SHERIFF D…101-2001-60161 11,023.60Police Overtime07/01-07/18/18- PATROL DEPUTY OT120028RIVERSIDE COUNTY SHERIFF D…101-2001-60162 91,936.52Target Team07/01-07/18/18- TARGET TEAM120028RIVERSIDE COUNTY SHERIFF D…101-2001-60163 36,168.16Community Services Officer07/01-07/18/18- COMM SVC OFFICER120028RIVERSIDE COUNTY SHERIFF D…101-2001-60164 8,277.00Gang Task Force07/01-07/18/18- GANG TASK FORCE120028RIVERSIDE COUNTY SHERIFF D…101-2001-60166 8,277.00Narcotics Task Force07/01-07/18/18- NARCOTICS TASK FORCE120028RIVERSIDE COUNTY SHERIFF D…101-2001-60167 61,188.52Motor Officer07/01-07/18/18- MOTOR OFFICER120028RIVERSIDE COUNTY SHERIFF D…101-2001-60169 24,122.70Dedicated Sargeant07/01-07/18/18- DEDICATED SARGEANT120028RIVERSIDE COUNTY SHERIFF D…101-2001-60170 13,646.85Dedicated Lieutenant07/01-07/18/18- DEDICATED LIEUTENANT120028RIVERSIDE COUNTY SHERIFF D…101-2001-60171 19,971.81Sheriff - Mileage07/01-07/18/18- SHERIFF MILEAGE120028RIVERSIDE COUNTY SHERIFF D…101-2001-60172 18,896.45Special Enforcement Funds07/01-07/18/18- SPEC ENFORCEMENT FU…120028RIVERSIDE COUNTY SHERIFF D…101-2001-60175 181.06Mobile/Cell Phones/Satellites09/23-10/22/18- EOC SATELLITE PHONE S…120029ROADPOST USA INC.101-2002-61304 315.00Operating Supplies09/03/18- WC GYM EQUIP PREV MAINT120030ROYAL GYM SERVICES, LLC 101-3002-60420 Attachment 1 39 Demand Register Packet: APPKT01759 - DA 09/28/2018 9/28/2018 3:56:40 PM Page 2 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 1,705.00Developer Deposits819084- MCVEIGH CEQA120031RUTAN & TUCKER 101-0000-22810 21.50Attorney819078- SRR SERVICE MARK120031RUTAN & TUCKER 101-1003-60153 10,026.00Attorney819071- GENERAL ACCOUNT120031RUTAN & TUCKER 101-1003-60153 216.00Attorney819077- SILVERROCK RESORT120031RUTAN & TUCKER 101-1003-60153 11,000.00Attorney819076- RETAINER MATTER120031RUTAN & TUCKER 101-1003-60153 6,318.33Attorney819074- CODE ENFORCEMENT120031RUTAN & TUCKER 101-1003-60153 150.50Attorney819072- PERSONNEL GENERAL120031RUTAN & TUCKER 101-1003-60153 120.00Attorney819085- DUNE PALMS ROW120031RUTAN & TUCKER 101-1003-60153 312.00Attorney809076- PERSONNEL GENERAL120031RUTAN & TUCKER 101-1003-60153 1,968.00Attorney/Litigation819073- LITIGATION GENERAL120031RUTAN & TUCKER 101-1003-60154 14.51Cash Over/Short08/13/18- REFUND OVERPAYMENT TOT …120033SCHERER, WILLIAM 101-0000-42300 204.00TOT - Short Term Vac. Rentals07/23/18- REFUND OVERPAYMENT TOT A…120034SCOFIELD, RAYMOND & VIRGI…101-0000-41401 262.56Travel & Training09/19-09/21/18- LODGING/FUEL REIMB120035SCOTT, ANGELA 101-1004-60320 295.00LQ Park Water Feature09/2018- LQ PARK WF SERVICE120036SHARK POOLS INC 101-3005-60554 112.00LQ Park Water Feature09/02/18- LQ WF PULSAR TABS120036SHARK POOLS INC 101-3005-60554 488.75Fritz Burns Pool09/2018- FB POOL SERVICE120036SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool07/19/18- FB POOL PULSAR TABS120036SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool07/28/18- FB POOL PULSAR TABS120036SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool08/02/18- FB POOL PULSAR TABS120036SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool08/10/18- FB POOL PULSAR TABS120036SHARK POOLS INC 101-3005-60184 813.58Annual Permits/Inspections09/04/18- ELECTRIC GEN-DIESEL FEES120037SOUTH COAST AIR QUALITY M…101-3008-60196 131.79Annual Permits/Inspections09/04/18- FY 18/19 EMISSIONS FEE CITY …120037SOUTH COAST AIR QUALITY M…101-3008-60196 145.52Travel & Training09/12-09/14/18- MILEAGE REIMB LEAGUE…120038SPEVACEK, FRANK 101-1002-60320 300.47Add'l Life Insurance Pay10/2018- ADDL LIFE INSURANCE120040STANDARD INSURANCE COMP…101-0000-20948 123.95Citywide Conf Room Supplies09/12/18- CITYWIDE SUPPLIES120041STAPLES ADVANTAGE 101-1007-60403 13.54Office Supplies09/13/18- OFFICE SUPPLIES120041STAPLES ADVANTAGE 101-1004-60400 6,250.00Community ExperiencesSTREET FOOD CINEMA120043STREET FOOD CINEMA 101-3003-60149 1,517.50Due to SunLine08/2018- SUNLINE BUS PASSES120044SUNLINE TRANSIT AGENCY 101-0000-20305 71.52Utilities - Cable09/16-10/15/18- FS#32 CABLE120045TIME WARNER CABLE 101-2002-61400 70.00Pest Control09/12/18- WC PEST CONTROL SVC120049TRULY NOLEN INC 101-3008-60116 350.00Pest Control08/29/18- CITY HALL BIRD PEST CONTROL120049TRULY NOLEN INC 101-3008-60116 300.00Pest Control08/29/18- CITY HALL BIRD PEST CONTROL120049TRULY NOLEN INC 101-3008-60116 150.00Maintenance/Services08/31/18- BEE HIVE REMOVAL120049TRULY NOLEN INC 101-3005-60691 37,500.00TOT Resort Rebate ProgramVENUE HOST FOR IRONMAN (3 YRS 2018 -…120051WORLD TRIATHLON CORPORA…101-1007-60536 37,500.00Community ExperiencesVENUE HOST FOR IRONMAN (3 YRS 2018 -…120051WORLD TRIATHLON CORPORA…101-3003-60149 473.44Operating Supplies09/10/18- LEAGUE OF CITIES PRINTOUT120052XPRESS GRAPHICS 101-3001-60420 231.39Marketing & Tourism Promoti…09/17/18- BREW IN LQ PRINTED MATERIA…120052XPRESS GRAPHICS 101-3007-60461 149.36Marketing & Tourism Promoti…09/17/18- VETERANS DAY SIGNAGE120052XPRESS GRAPHICS 101-3007-60461 103.00STVR Registration Fee09/27/18- LIC 766429-766430 REFUND120053YOUNG, PHIL 101-0000-41415 18.00Business Licenses09/27/18- LIC 766429-766430 REFUND120053YOUNG, PHIL 101-0000-41600 Fund 101 - GENERAL FUND Total:886,020.75 Fund: 201 - GAS TAX FUND 129.90Traffic Control Signs07/03/18- TRAFFIC CONTROL SIGNS120047TOP OF THE LINE SIGNS 201-7003-60429 88.63Traffic Control Signs09/12/18- TRAFFIC CONTROL SIGNS120048TOPS'N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:218.53 Fund: 202 - LIBRARY & MUSEUM FUND 55.00Security & Alarm09/2018- CENTRAL ALARM MONITORING119973ALARM MONITORING SERVICE…202-3006-60123 190.00Security & Alarm09/06/18- CITY HALL ALARM SVC119973ALARM MONITORING SERVICE…202-3006-60123 35.88Operating Supplies09/04/18- MUSEUM ARCHIVE SUPPLIES120041STAPLES ADVANTAGE 202-3006-60420 21.41Operating Supplies08/28/18- ARCHIVE OFFICE SUPPLIES120041STAPLES ADVANTAGE 202-3006-60420 -67.46Operating Supplies09/04/18- ARCHIVE SUPPLIES120041STAPLES ADVANTAGE 202-3006-60420 73.87Operating Supplies09/13/18- MAKERSPACE OFFICE SUPPLIES120041STAPLES ADVANTAGE 202-3004-60420 200.08Operating Supplies09/13/18- ARCHIVE OFFICE SUPPLIES120041STAPLES ADVANTAGE 202-3006-60420 Fund 202 - LIBRARY & MUSEUM FUND Total:508.78 Fund: 215 - LIGHTING & LANDSCAPING FUND 13,210.17Utilities - Water - Medians09/21/18- WATER SERVICE119986COACHELLA VALLEY WATER DI…215-7004-61211 97.79Utilities - Electric09/07-10/06/18- PHONE SERVICE119999FRONTIER COMMUNICATIONS…215-7004-61116 38.06Utilities - Electric09/10-10/09/18- PHONE SERVICE119999FRONTIER COMMUNICATIONS…215-7004-61116 212.96Utilities - Electric - Medians09/21/18- ELECTRICITY SERVICE120007IMPERIAL IRRIGATION DIST 215-7004-61117 40 Demand Register Packet: APPKT01759 - DA 09/28/2018 9/28/2018 3:56:40 PM Page 3 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 4,370.00Maintenance/Services09/18/18- CONCRETE PEDESTALS120008KRIBBS, BRUCE 215-7004-60691 Fund 215 - LIGHTING & LANDSCAPING FUND Total:17,928.98 Fund: 217 - DEVELOPMENT AGREEMENT 320.00Land AcquisitionFY 18-19 ON-CALL CONSTRUCTION SURVE…120017NV5 217-0000-74010 Fund 217 - DEVELOPMENT AGREEMENT Total:320.00 Fund: 221 - AB 939 - CALRECYCLE FUND 174.12AB 939 Recycling Solutions09/21/18- REIMB FOR AB939 CUB SCOUT …120005HALLICK, ROSEMARY 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:174.12 Fund: 230 - CASp FUND, AB 1379 4.00SB 1186 Revenue09/27/18- LIC 766429-766430 REFUND120053YOUNG, PHIL 230-0000-42130 Fund 230 - CASp FUND, AB 1379 Total:4.00 Fund: 241 - HOUSING AUTHORITY 135.00Travel & Training09/26/18- AFFORDABLE HOUSING SEMIN…119979BIA RIVERSIDE COUNTY CHAPT…241-9101-60320 1,161.00Attorney819075- HOUSING AUTH MISC120031RUTAN & TUCKER 241-9101-60153 Fund 241 - HOUSING AUTHORITY Total:1,296.00 Fund: 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) 818.67Relocation Benefits09/26/18- WSA RELOCATION BENEFITS119990DAVIDSON, GWENDOLYN 248-9102-60159 55.05Relocation Benefits06/25-07/24-07/25-08/24- WSA TEMP RE…120001GAS COMPANY, THE 248-9102-60159 11,266.00Relocation Benefits09/27/18- WSA RELOCATION BENEFITS120023PRIOR, TEDDY 248-9102-60159 11,266.00Relocation Benefits09/27/18- WSA RELOCATION BENEFITS120024PRIOR, TEDDY 248-9102-60159 Fund 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) Total:23,405.72 Fund: 270 - ART IN PUBLIC PLACES FUND 4,275.00APP Maintenance09/24/18- INSIGNIA PLAQUES119978BETTER BUILDING COMPANY 270-0000-60683 Fund 270 - ART IN PUBLIC PLACES FUND Total:4,275.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 17,095.00DesignHSIP INTERCONNECT IMPROVEMENTS PRJ…119971ADVANTEC CONSULTING ENG…401-0000-60185 6,951.00DesignDUNE PALMS WIDENING PRJ 091004-D119977BENGAL ENGINEERING INC 401-0000-60185 5,700.00DesignCC LAKE & IRRIGATION CONVERSION119988DAHL CONSULTANTS INC 401-0000-60185 5,655.50DesignCC LAKE & IRRIGATION CONVERSION119988DAHL CONSULTANTS INC 401-0000-60185 1,678.60Construction08/2018- BID AD 2016-01119992DESERT SUN PUBLISHING CO 401-0000-60188 25,776.72ConstructionVISION VIDEO DETECTION SYSTEM119994ECONOLITE CONTROL PRODU…401-0000-60188 17,680.00DesignSRR EVENT SITE DESIGN SVCS, PROJECT N…120006HERMANN DESIGN GROUP INC 401-0000-60185 6,757.28DesignSRR EVENT SITE DESIGN SVCS, PROJECT N…120006HERMANN DESIGN GROUP INC 401-0000-60185 27,280.00DesignSRR EVENT SITE DESIGN SVCS, PROJECT N…120006HERMANN DESIGN GROUP INC 401-0000-60185 1,450.00TechnicalFY 18-19 ON-CALL MATERIALS TESTING SV…120009LANDMARK GEO-ENGINEERS &…401-0000-60108 1,418.00TechnicalFY 18-19 ON-CALL MATERIALS TESTING SV…120009LANDMARK GEO-ENGINEERS &…401-0000-60108 895.00TechnicalFY 18-19 ON-CALL MATERIALS TESTING SV…120009LANDMARK GEO-ENGINEERS &…401-0000-60108 7,619.33DesignSRR PHASE II INFRASTRUCTURE PRJ 20170…120015MICHAEL BAKER INTERNATIO…401-0000-60185 29,055.00DesignSRR PHASE II INFRASTRUCTURE 201608-D120015MICHAEL BAKER INTERNATIO…401-0000-60185 3,610.00DesignFY 18-19 ON-CALL CONSTRUCTION SURVE…120017NV5 401-0000-60185 580.00DesignFY18/19 ON-CALL MAP CHECKING SERVIC…120026RASA/ERIC NELSON 401-0000-60185 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:159,201.43 Fund: 501 - FACILITY & FLEET REPLACEMENT 3,189.93Furniture09/12/18- CITY HALL MOBILE TABLES120004GRAINGER 501-0000-71020 207.33Parts & Maintenance Supplies09/11/18- TRAILER TIRE120016MOUNTAIN VIEW TIRE 501-0000-60675 4,775.00Cvc Ctr Bldg Repl/Repair09/11/18- VEHICLE SECURITY GATE120032SAM'S FENCE COMPANY 501-0000-71103 50.75Vehicle Repair & Maintenance09/12/18- SMOG CHECK BOOM TK#65120042STONE'S, CAM AUTOMOTIVE I…501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:8,223.01 Fund: 502 - INFORMATION TECHNOLOGY 1,793.99Copiers09/2018- COPIER CONTRACT119983CANON FINANCIAL SERVICES, …502-0000-60662 1,775.68Computers08/21/18- DELL MONITORS119984CDW GOVERNMENT INC 502-0000-80103 37.00Cell/Mobile Phones08/21/18- OTTERBOX CASE119984CDW GOVERNMENT INC 502-0000-61301 12.32Cell/Mobile Phones08/23/18- OTTERBOX HOLSTER119984CDW GOVERNMENT INC 502-0000-61301 18,900.00ConsultantsFY 18/19 RIM MGMT INFORMATION TEC…119987CONVERGEONE, INC 502-0000-60104 18,900.00ConsultantsFY 18/19 RIM MGMT INFORMATION TEC…119987CONVERGEONE, INC 502-0000-60104 800.00Consultants08/2018- VIDEO STREAMING SVC119998FISHER INTEGRATED INC 502-0000-60104 199.15Utilities - Cable09/04-10/07/18- DSL SERVICE119999FRONTIER COMMUNICATIONS…502-0000-61400 41 Demand Register Packet: APPKT01759 - DA 09/28/2018 9/28/2018 3:56:40 PM Page 4 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 103.01Utilities - Cable08/10-09/09/18- INTERNET SVC120000FRONTIER-INTERNET 502-0000-61400 93.01Utilities - Cable08/25-09/24/18- INTERNET SVC120000FRONTIER-INTERNET 502-0000-61400 103.01Utilities - Cable09/10-10/09/18- INTERNET SVC120000FRONTIER-INTERNET 502-0000-61400 100.00Cell/Mobile Phones07/11-08/17/18- POLICE GPS SERVICE120039SPRINT 502-0000-61301 131.61Utilities - Cable08/15-09/14/18- CABLE SERVICE120045TIME WARNER CABLE 502-0000-61400 144.80Utilities - Cable09/01-09/30/18- CABLE SERVICE120045TIME WARNER CABLE 502-0000-61400 238.98Utilities - Cable08/24-09/23/18- CABLE SERVICE VECIMA120045TIME WARNER CABLE 502-0000-61400 8.83Utilities - Cable08/20-09/19/18- CABLE SERVICE120045TIME WARNER CABLE 502-0000-61400 8.83Utilities - Cable09/20-10/19/18- CABLE SERVICE120045TIME WARNER CABLE 502-0000-61400 219.98Cell/Mobile Phones07/21-08/20/18- CODE ENFORCEMENT P…120046T-MOBILE 502-0000-61301 2,049.04Cell/Mobile Phones07/21-08/20/18- FACILITIES/CR PHONES120046T-MOBILE 502-0000-61301 577.19Cell/Mobile Phones07/21-08/20/18- IPAD HOTSPOTS120046T-MOBILE 502-0000-61301 5.00Technology Enhancement Sur…09/27/18- LIC 766429-766430 REFUND120053YOUNG, PHIL 502-0000-43611 Fund 502 - INFORMATION TECHNOLOGY Total:46,201.43 Fund: 503 - PARK EQUIP & FACILITY FUND 6,797.00ParksPROJECT NO 2018-17- SHADE SAILS120020PALMS TO PINES CANVAS 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:6,797.00 Fund: 504 - INSURANCE FUND 262.55Travel & Training09/19-09/21/18- LODGING/FUEL REIMB120035SCOTT, ANGELA 504-1010-60320 Fund 504 - INSURANCE FUND Total:262.55 Fund: 601 - SILVERROCK RESORT 16.06Repair & Maintenance09/05/18- SRR MATERIALS119996FERGUSON ENTERPRISES, INC 601-0000-60660 523.54Repair & Maintenance09/14/18- SRR MATERIALS119996FERGUSON ENTERPRISES, INC 601-0000-60660 131.42Repair & Maintenance09/06/18- SRR CIRCUIT BREAKER120050WALTERS WHOLESALE ELECTR…601-0000-60660 604.10Repair & Maintenance09/06/18- SRR CIRCUIT BREAKER120050WALTERS WHOLESALE ELECTR…601-0000-60660 Fund 601 - SILVERROCK RESORT Total:1,275.12 Grand Total:1,156,112.42 42 Demand Register Packet: APPKT01759 - DA 09/28/2018 9/28/2018 3:56:40 PM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 886,020.75 201 - GAS TAX FUND 218.53 202 - LIBRARY & MUSEUM FUND 508.78 215 - LIGHTING & LANDSCAPING FUND 17,928.98 217 - DEVELOPMENT AGREEMENT 320.00 221 - AB 939 - CALRECYCLE FUND 174.12 230 - CASp FUND, AB 1379 4.00 241 - HOUSING AUTHORITY 1,296.00 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)23,405.72 270 - ART IN PUBLIC PLACES FUND 4,275.00 401 - CAPITAL IMPROVEMENT PROGRAMS 159,201.43 501 - FACILITY & FLEET REPLACEMENT 8,223.01 502 - INFORMATION TECHNOLOGY 46,201.43 503 - PARK EQUIP & FACILITY FUND 6,797.00 504 - INSURANCE FUND 262.55 601 - SILVERROCK RESORT 1,275.12 Grand Total:1,156,112.42 Account Summary Account Number Account Name Expense Amount 101-0000-20305 Due to SunLine 1,517.50 101-0000-20943 Dental Insurance Pay 7,897.76 101-0000-20948 Add'l Life Insurance Pay 300.47 101-0000-22810 Developer Deposits 1,705.00 101-0000-41401 TOT - Short Term Vac. Ren…204.00 101-0000-41415 STVR Registration Fee 103.00 101-0000-41600 Business Licenses 18.00 101-0000-42300 Cash Over/Short 296.56 101-1001-60137 Community Special Events 600.00 101-1002-60101 Contract Services - Admini…3,500.00 101-1002-60320 Travel & Training 145.52 101-1003-60153 Attorney 28,164.33 101-1003-60154 Attorney/Litigation 1,968.00 101-1004-50252 Fitness Membership Reim…40.00 101-1004-60320 Travel & Training 262.56 101-1004-60400 Office Supplies 13.54 101-1005-60320 Travel & Training 150.00 101-1005-60450 Advertising 708.40 101-1006-60320 Travel & Training 358.62 101-1006-60400 Office Supplies 33.08 101-1007-60403 Citywide Conf Room Suppl…183.63 101-1007-60535 Sales Tax Reimbursements 10,613.65 101-1007-60536 TOT Resort Rebate Progr…37,500.00 101-1007-60661 Postage Machine 215.64 101-2001-60161 Sheriff Patrol 434,594.91 101-2001-60162 Police Overtime 11,023.60 101-2001-60163 Target Team 91,936.52 101-2001-60164 Community Services Offic…36,168.16 101-2001-60166 Gang Task Force 8,277.00 101-2001-60167 Narcotics Task Force 8,277.00 101-2001-60169 Motor Officer 61,188.52 101-2001-60170 Dedicated Sargeant 24,122.70 101-2001-60171 Dedicated Lieutenant 13,646.85 101-2001-60172 Sheriff - Mileage 19,971.81 101-2001-60175 Special Enforcement Funds 18,896.45 101-2002-60691 Maintenance/Services 750.00 101-2002-61304 Mobile/Cell Phones/Satell…181.06 101-2002-61400 Utilities - Cable 71.52 101-3001-60420 Operating Supplies 473.44 43 Demand Register Packet: APPKT01759 - DA 09/28/2018 9/28/2018 3:56:40 PM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 101-3002-60352 Subscriptions & Publicati…67.66 101-3002-60420 Operating Supplies 879.74 101-3003-60149 Community Experiences 43,750.00 101-3005-60184 Fritz Burns Pool 2,118.75 101-3005-60431 Materials/Supplies 39.02 101-3005-60432 Tools/Equipment 7.61 101-3005-60554 LQ Park Water Feature 407.00 101-3005-60691 Maintenance/Services 1,015.00 101-3005-61204 Utilities - Water -Fritz Bur…2,763.45 101-3005-61300 Utilities - Telephone 43.53 101-3007-60461 Marketing & Tourism Pro…828.51 101-3008-60116 Pest Control 720.00 101-3008-60196 Annual Permits/Inspectio…945.37 101-3008-60431 Materials/Supplies 48.06 101-3008-60691 Maintenance/Services 1,100.00 101-3008-61200 Utilities - Water 603.65 101-6001-60450 Advertising 462.00 101-6002-60450 Advertising 842.60 101-6004-60111 Administrative Citation Se…3,300.00 201-7003-60429 Traffic Control Signs 218.53 202-3004-60420 Operating Supplies 73.87 202-3006-60123 Security & Alarm 245.00 202-3006-60420 Operating Supplies 189.91 215-7004-60691 Maintenance/Services 4,370.00 215-7004-61116 Utilities - Electric 135.85 215-7004-61117 Utilities - Electric - Media…212.96 215-7004-61211 Utilities - Water - Medians 13,210.17 217-0000-74010 Land Acquisition 320.00 221-0000-60127 AB 939 Recycling Solutions 174.12 230-0000-42130 SB 1186 Revenue 4.00 241-9101-60153 Attorney 1,161.00 241-9101-60320 Travel & Training 135.00 248-9102-60159 Relocation Benefits 23,405.72 270-0000-60683 APP Maintenance 4,275.00 401-0000-60108 Technical 3,763.00 401-0000-60185 Design 127,983.11 401-0000-60188 Construction 27,455.32 501-0000-60675 Parts & Maintenance Supp…207.33 501-0000-60676 Vehicle Repair & Mainte…50.75 501-0000-71020 Furniture 3,189.93 501-0000-71103 Cvc Ctr Bldg Repl/Repair 4,775.00 502-0000-43611 Technology Enhancement…5.00 502-0000-60104 Consultants 38,600.00 502-0000-60662 Copiers 1,793.99 502-0000-61301 Cell/Mobile Phones 2,995.53 502-0000-61400 Utilities - Cable 1,031.23 502-0000-80103 Computers 1,775.68 503-0000-71060 Parks 6,797.00 504-1010-60320 Travel & Training 262.55 601-0000-60660 Repair & Maintenance 1,275.12 Grand Total:1,156,112.42 Project Account Summary Project Account Key Expense Amount **None**981,514.46 091004D 6,951.00 111205D 580.00 16-013E 1,705.00 44 Demand Register Packet: APPKT01759 - DA 09/28/2018 9/28/2018 3:56:40 PM Page 7 of 7 Project Account Summary Project Account Key Expense Amount 1819PMPD 3,610.00 1819TMICT 25,776.72 201601CT 1,678.60 201602D 17,095.00 201606D 11,355.50 201608D 80,772.28 201705T 3,763.00 201709D 7,619.33 201817E 6,797.00 ARCHIVEE 189.91 BREWE 231.39 MAKERE 73.87 SFCE 6,250.00 VETSE 149.36 Grand Total:1,156,112.42 45 10/4/2018 6:32:48 PM Page 1 of 8 Demand Register City of La Quinta Packet: APPKT01765 - DA 10/05/2018 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 120.00Blood/Alcohol Testing08/31/18- BLOOD ANALYSIS120055AMERICAN FORENSIC NURSES …101-2001-60174 190.35Operating Supplies09/27/18- WC JANITORIAL SERVICE120056AMERIPRIDE SERVICES INC 101-3002-60420 1,619.00Training & Education/MOU10/04/18- TUITION REIMB120057AYON, UBALDO 101-1004-60322 3.00Cash Over/Short09/10/18- LIC-0110825 REFUND BL CHA…120058BAILEY, BRIAN AND KRISTI 101-0000-42300 5.00Cash Over/Short09/25/18- LIC-766535 REFUND WRONG F…120059BANG INC, DAVE 101-0000-42300 10,000.00Boys & Girls Club10/2018-12/2018 FACILITY USE AGREEME…120062BOYS & GIRLS CLUB OF COACH…101-3001-60135 196.05LT Care Insurance PayLONG TERM CARE120063CALPERS LONG-TERM CARE P…101-0000-20949 500.00Miscellaneous Deposits09/24/18- FAC RENTAL DEP REFUND120066CHAPMAN, WILLIAM 101-0000-22830 4.00Wellness Center Leisure Enric…09/21/18- SUN STYLE TAI CLASS REFUND120068CHOOLIJIAN, CAROLE 101-0000-42214 292.50Cash Over/Short09/12/18- LIC-104660 REFUND TOT APRIL120069CHRISTOPHER ST. VICTOR-DE P…101-0000-42300 170.00Sheriff - Other08/24/18- LA182360077 POLICE TOW120070CLASSIC AUTO TRANSPORT 101-2001-60176 40.00Fitness Membership Reimburs…09/22/18- FITPASS REIMB120071CLAYTON JR., DUANE 101-1004-50252 5,264.28Utilities - Water - Civic Center …09/26/18- WATER SERVICE120073COACHELLA VALLEY WATER DI…101-3005-61202 11,225.14Utilities - Water -Community P…09/26/18- WATER SERVICE120073COACHELLA VALLEY WATER DI…101-3005-61209 125.00PM 10 - Dust Control09/26/18- WATER SERVICE120073COACHELLA VALLEY WATER DI…101-7006-60146 30.80Instructors09/27/18- CARDIO STRENGTH120074COHEN, ANN MARIE 101-3002-60107 1,216.00Landscape Contract09/18 FY 18/19 CITYWIDE LANDSCAPE SV…120076CONSERVE LANDCARE 101-2002-60112 74.19Maintenance/Services09/19/18- FS#32 ELECTRICAL MATERIALS120077CONSOLIDATED ELECTRICAL DI…101-2002-60691 429.31Citywide Conf Room Supplies09/27/18- CITYWIDE COFFEE SUPPLIES120078DAIOHS FIRST CHOICE SERVICES 101-1007-60403 108.00Cash Over/Short09/13/18- LIC-110438 BL REFUND120079DANIELS, ROBERT 101-0000-42300 574.00Administrative Citation Services08/2018- CODE CITATION PROCESSING120080DATA TICKET, INC.101-6004-60111 384.25Administrative Citation Services08/2018- POLICE CITATION PROCESSING120080DATA TICKET, INC.101-6004-60111 1,947.90SMIP Fees Payable01/2018-03/2018- MISHP MAPPING120081DEPARTMENT OF CONSERVAT…101-0000-20308 -97.40SMIP Fees01/2018-03/2018- MISHP MAPPING120081DEPARTMENT OF CONSERVAT…101-0000-42610 951.00Maintenance/Services09/20/18- FS#70 EVAPORATIVE COOLER …120083DESERT COOLER SPECIALIST INC 101-2002-60691 750.00Maintenance/Services09/24/18- FS#70 SPACE PLANNING IMPR…120084DESIGN ONE ELEVEN LLC 101-2002-60691 172.59Travel & Training09/12-09/14- MILEAGE/REIMB LEAGUE OF…120087ESCOBEDO, CHRIS 101-3001-60320 190.30Supplies - Field09/24/18- REIMB SAFETY BOOTS120090FUSON, JACOB 101-6003-60425 33.29Utilities - Gas08/20-09/18/18- FS#32 GAS SVC120091GAS COMPANY, THE 101-2002-61100 14.30Utilities - Gas08/20-09/18/18- CITY HALL GAS SVC120091GAS COMPANY, THE 101-3008-61100 73.39Utilities - Gas08/20-09/18/18- GAS SERVICE120091GAS COMPANY, THE 101-3008-61100 3,500.00Contract Services - Administrat…09/2018 FY18/19 STATE LOBBYING & AD…120093GONSALVES, JOE A & SON 101-1002-60101 40.00Fitness Membership Reimburs…08/11/18- FITPASS REIMB120094HANSEN, DIANNE 101-1004-50252 2,712.50Professional ServicesFY18/19 CONSULTING SVCS FOR EMP LDR…120095HENSON CONSULTING GROUP 101-1004-60103 253.00HVAC09/11/18- LQ PARK HVAC SVC120096HYDE'S AC 101-3008-60667 1,551.50Utilities - Electricity09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-2002-61101 1,757.64Utilities - Electric - Civic Center…09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61103 1,187.54Utilities - Electric - Fritz Burns …09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61105 13,271.47Utilities - Electricity09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3008-61101 1,491.08Utilities - Electricity10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-2002-61101 13.48Utilities - Electric - Monticello …10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61102 195.46Utilities - Electric - Colonel Pai…10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61108 2,034.50Utilities - Electric - Community…10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61109 29.51Utilities - Electric - Adams Park10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61110 13.37Utilities - Electric - Velasco Park10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61111 21.50Utilities - Electric - Eisenhower…10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61113 13.14Utilities - Electric - Desert Pride10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 101-3005-61114 224.00Instructors09/27/18- PERSONAL TRAINER120099KEPLER, KRISTOFFER 101-3002-60107 5.00Cash Over/Short09/12/18-LIC-ZL2018-0008 REFUND ZONI…120100KEY ZONING ASSESSMENTS LLC 101-0000-42300 17.33TOT - Short Term Vac. Rentals08/24/18- LIC-111796 REFUND JULY TOT120102LARSEN, TODD 101-0000-41401 123.19Materials/Supplies09/24/18- LQ PARK KEYS120103LOCK SHOP INC, THE 101-3008-60431 216.00Materials/Supplies09/24/18- LQ PARK KEYS120103LOCK SHOP INC, THE 101-3008-60431 20.04Materials/Supplies09/26/18- CITY HALL KEYS120103LOCK SHOP INC, THE 101-3008-60431 46 Demand Register Packet: APPKT01765 - DA 10/05/2018 10/4/2018 6:32:48 PM Page 2 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 24.50Instructors09/27/18- TAI CHI CHUAN120104MEDEIROS, JOYCELEEN 101-3002-60107 42.00Instructors09/27/18- ZUMBA120105MISELL, STACY 101-3002-60107 4,153.03Postage08/16-08/22 FY18/19 CITYWIDE POSTAGE…120106NEOFUNDS BY NEOPOST 101-1007-60470 321.90LQ Police Volunteers09/14/18- POLICE BUSINESS CARDS120108OFFICE DEPOT 101-2001-60109 -98.08Office Supplies09/18/18- PLATE RETURN120108OFFICE DEPOT 101-1005-60400 84.58Office Supplies09/19/18- OFFICE SUPPLIES120108OFFICE DEPOT 101-1006-60400 44.83Office Supplies09/20/18- FOOTREST - CLAUDIA120108OFFICE DEPOT 101-1006-60400 -6.90Sales Taxes Payable04/05/18- DIE DE LOS NINOS120109ORIENTAL TRADING COMPANY…101-0000-20304 40.00Fitness Membership Reimburs…09/20/18- FITPASS REIMB120110OSVALDO VARGAS 101-1004-50252 1,150.11HVAC09/17/18- CITY HALL HVAC SVC120111PACIFIC WEST AIR CONDITION…101-3008-60667 20.58Office Supplies09/18/18- STAFF BUSINESS CARDS- NIETO120113PALMS TO PINES PRINTING 101-1004-60400 41.12Office Supplies09/18/18- STAFF BUSINESS CARDS- RADE…120113PALMS TO PINES PRINTING 101-1005-60400 41.12Office Supplies09/18/18- STAFF BUSINESS CARDS-JAIME120113PALMS TO PINES PRINTING 101-3001-60400 123.36Marketing & Tourism Promoti…09/18/18- STAFF BUSINESS CARDS120113PALMS TO PINES PRINTING 101-3007-60461 41.12Office Supplies09/18/18- STAFF BUSINESS CARDS- GAMEZ120113PALMS TO PINES PRINTING 101-6004-60400 10.00Digitization/Records Manage…07/05/18- TUP2018-0009 REFUND TEMP …120115PARTY CITY CORPORATION 101-0000-42416 57.00Temporary Use Permit07/05/18- TUP2018-0009 REFUND TEMP …120115PARTY CITY CORPORATION 101-0000-42439 200.00Temporary Use Permit07/05/18- TUP2018-0009 REFUND TEMP …120115PARTY CITY CORPORATION 101-0000-42439 730.00Community Experiences11/18/18- BREW IN LQ FURNITURE120116PARTY TIME RENTALS 101-3003-60149 125.00Maintenance/Services09/24/18- FS#93 RE CODE REMOTES120117PATTON DOOR & GATE 101-2002-60691 45.00Maintenance/Services09/24/18- FS#32 REPLACE BATTERIES120117PATTON DOOR & GATE 101-2002-60691 200.00Garnishments PayableGARNISHMENT120119RIVERSIDE DEPARTMENT OF C…101-0000-20985 271.60Instructors09/27/18- TAEKWONDO120120ROJAS, MIGUEL ANGEL 101-3002-60107 40.00Instructors09/27/18- PERSONAL TRAINER120122ROSE-FARKAS, LORETTA ANN 101-3002-60107 306.60Instructors09/27/18- FRIDAY NIGHT DANCE120124SHIRY, TERESA 101-3002-60107 85.00Cash Over/Short09/20/18- LIC-766432 REFUND OVERCHA…120125SIERRA WEST FINISH INC 101-0000-42300 117.00Sales Taxes Payable08/2018- SALES/ USE TAXES120126SILVERROCK RESORT 101-0000-20304 110.01Office Supplies09/14/18- CODE SUPPLIES120129STAPLES ADVANTAGE 101-6004-60400 171.13Office Supplies09/19/18- OFFICE SUPPLIES ERGO ASSES…120129STAPLES ADVANTAGE 101-1004-60400 111.99Operating Supplies09/19/18- OFFICE SUPPLIES ERGO ASSES…120129STAPLES ADVANTAGE 101-1004-60420 49.57Office Supplies09/19/18- OFFICE SUPPLIES120129STAPLES ADVANTAGE 101-3005-60400 173.80Office Supplies09/19/18- OFFICE SUPPLIES120129STAPLES ADVANTAGE 101-7003-60400 85.03Office Supplies09/20/18- OFFICE SUPPLIES120129STAPLES ADVANTAGE 101-3002-60400 41.42Community Experiences09/20/18- OFFICE SUPPLIES VETERANS DAY120129STAPLES ADVANTAGE 101-3003-60149 103.15Materials/Supplies09/18/18- MUSEUM PAINT120130THE SHERWIN-WILLIAMS CO.101-3008-60431 1,065.26Utilities - Telephone08/23-09/22/18- PHONE SERVICE120135TPx COMMUNICATIONS 101-2002-61300 67.00Pest Control09/14/18- FS#70 PEST CONTROL120136TRULY NOLEN INC 101-2002-60116 62.00Pest Control09/14/18- FS#93 PEST CONTROL120136TRULY NOLEN INC 101-2002-60116 47.00Pest Control09/14/18- PUBLIC WORKS PEST CONTROL120136TRULY NOLEN INC 101-3008-60116 70.00Pest Control09/07/18- FS#32 PEST CONTROL SERVICE120136TRULY NOLEN INC 101-2002-60116 94.00Cash Over/Short09/25/18- LIC-763507 REFUND BL OVERP…120137TUCKERS FAMILY RESTAURANT…101-0000-42300 42.00United Way DeductionsCONTRIBUTION120140UNITED WAY OF THE DESERT 101-0000-20981 49.01Mobile/Cell Phones/Satellites08/14-09/13/18- EOC CELL PHONES120141VERIZON WIRELESS 101-2002-61304 92.40Instructors09/27/18- MEDITATION120142VERMA,VIBHAKAR 101-3002-60107 154.31Materials/Supplies09/26/18- SPORTS COMPLEX MATERIALS120145WALTERS WHOLESALE ELECTR…101-3008-60431 -0.47Sales Taxes Payable09/2018- SAFETY GLASSES TAX120146WELLS FARGO BUSINESS CARD 101-0000-20304 -1.30Sales Taxes Payable09/2018- NAT FITNESS SUPPLIES TAX120146WELLS FARGO BUSINESS CARD 101-0000-20304 -6.56Sales Taxes Payable09/2018- MAKERSPACE LASER CUTTER CH…120146WELLS FARGO BUSINESS CARD 101-0000-20304 -2.38Sales Taxes Payable09/2018- VETERANS DAY SUPPLIES120146WELLS FARGO BUSINESS CARD 101-0000-20304 -23.33Sales Taxes Payable09/2018- TRAINING BOOKS - GUNTERSON120146WELLS FARGO BUSINESS CARD 101-0000-20304 -16.79Sales Taxes Payable09/2018- TREE LIGHTING SUPPLIES TAX120146WELLS FARGO BUSINESS CARD 101-0000-20304 -7.40Sales Taxes Payable09/2018- FLASHDRIVES TAX120146WELLS FARGO BUSINESS CARD 101-0000-20304 -79.71Sales Taxes Payable09/2018- BREW IN LQ WRIST BANDS120146WELLS FARGO BUSINESS CARD 101-0000-20304 1,559.65Employee Computer Loan09/2018- COMPUTER LOAN PGRM- BLON…120146WELLS FARGO BUSINESS CARD 101-0000-20915 150.00Travel & Training09/2018- CSMFO TRAINING EVENT - NIETO120146WELLS FARGO BUSINESS CARD 101-1002-60320 62.06Recruiting/Pre-Employment09/2018- DEP CC PANEL LUNCHEON120146WELLS FARGO BUSINESS CARD 101-1004-60129 52.54Recruiting/Pre-Employment09/2018- REC LEADER PANEL LUNCHEON120146WELLS FARGO BUSINESS CARD 101-1004-60129 61.37Recruiting/Pre-Employment09/2018- MGMT ASSIST INTER PANEL120146WELLS FARGO BUSINESS CARD 101-1004-60129 47.75Travel & Training09/2018- TRAINING SNACKS120146WELLS FARGO BUSINESS CARD 101-1004-60320 40.00Travel & Training09/2018- UNITED WAY LUNCHEON120146WELLS FARGO BUSINESS CARD 101-1004-60320 47 Demand Register Packet: APPKT01765 - DA 10/05/2018 10/4/2018 6:32:48 PM Page 3 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 62.38Operating Supplies09/2018- ERGONOMIC SEAT CUSHION120146WELLS FARGO BUSINESS CARD 101-1004-60420 200.00Travel & Training09/2018- CC NUTS & BOLTS WORKSHOP120146WELLS FARGO BUSINESS CARD 101-1005-60320 92.07Office Supplies09/2018- FLASHDRIVES120146WELLS FARGO BUSINESS CARD 101-1005-60400 -100.00Administration09/2018- CREDIT FOR FRAUD CHARGE120146WELLS FARGO BUSINESS CARD 101-1006-60102 150.00Travel & Training09/2018- CSMFO TRAINING EVENT - CLAU…120146WELLS FARGO BUSINESS CARD 101-1006-60320 217.49LQ Police Volunteers09/2018- POLICE BIKE PURCHASE120146WELLS FARGO BUSINESS CARD 101-2001-60109 292.70Operating Supplies09/2018- WC SEP LUNCHEON120146WELLS FARGO BUSINESS CARD 101-3002-60420 29.66Community Experiences09/2018- VETERANS DAY SUPPLIES120146WELLS FARGO BUSINESS CARD 101-3003-60149 16.31Community Experiences09/2018- 9/11 VIGIL SUPPLIES120146WELLS FARGO BUSINESS CARD 101-3003-60149 53.29Community Experiences09/2018- TREE LIGHTING SUPPLIES120146WELLS FARGO BUSINESS CARD 101-3003-60149 261.81Community Experiences09/2018- TREE LIGHTING SUPPLIES120146WELLS FARGO BUSINESS CARD 101-3003-60149 37.59Community Experiences09/2018- NAT FITNESS SUPPLIES120146WELLS FARGO BUSINESS CARD 101-3003-60149 50.63Community Experiences09/2018- BREW DRINK TICKETS120146WELLS FARGO BUSINESS CARD 101-3003-60149 1,005.71Community Experiences09/2018- BREW IN LQ WRIST BANDS120146WELLS FARGO BUSINESS CARD 101-3003-60149 75.00Membership Dues09/2018- MAIL CHIMP120146WELLS FARGO BUSINESS CARD 101-3007-60351 575.00Travel & Training09/2018- APA CONF- D CASTRO120146WELLS FARGO BUSINESS CARD 101-6001-60320 575.00Travel & Training09/2018- APA CONF- CHERI FLORES120146WELLS FARGO BUSINESS CARD 101-6002-60320 375.00Travel & Training09/2018- APA CONF- CARLOS FLORES120146WELLS FARGO BUSINESS CARD 101-6002-60320 575.00Travel & Training09/2018- APA CONF- G PEREZ120146WELLS FARGO BUSINESS CARD 101-6002-60320 115.00Membership Dues09/2018- APA MEMBERSHIP - CHERI120146WELLS FARGO BUSINESS CARD 101-6002-60351 115.00Membership Dues09/2018- APA MEMBERSHIP - CARLOS FL…120146WELLS FARGO BUSINESS CARD 101-6002-60351 5.86Supplies - Field09/2018- SAFETY GLASSES120146WELLS FARGO BUSINESS CARD 101-6003-60425 525.00Travel & Training09/2018- CACEO TRAINING-M SALAS120146WELLS FARGO BUSINESS CARD 101-7003-60320 -89.00Travel & Training09/2018- CREDIT FOR FRAUD CHARGE120146WELLS FARGO BUSINESS CARD 101-7006-60320 821.47Travel & Training09/2018- TRAINING BOOKS - GUNTERSON120146WELLS FARGO BUSINESS CARD 101-7006-60320 81.56Travel & Training09/2018- TRAINING BOOKS - STORMWAT…120146WELLS FARGO BUSINESS CARD 101-7006-60320 Fund 101 - GENERAL FUND Total:84,052.00 Fund: 201 - GAS TAX FUND 1,073.07Equipment Rental09/25/18- CONCRETE CUTTER RENTAL120086ELMS EQUIPMENT RENTAL INC 201-7003-61701 1,071.01Utilities - Electricity09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 201-7003-61101 184.87Safety Gear07/09/18- SAFETY BOOTS - M SALAS120098JERNIGAN'S, INC 201-7003-60427 168.55Safety Gear08/21/18- SAFETY BOOTS - R . CASTANEDA120098JERNIGAN'S, INC 201-7003-60427 184.86Safety Gear08/21/18- SAFETY BOOTS - A ARELLANO120098JERNIGAN'S, INC 201-7003-60427 99.83Traffic Control Signs09/18/18- TRAFFIC SIGN120133TOPS'N BARRICADES INC 201-7003-60429 411.51Traffic Control Signs09/19/18- TRAFFIC SIGNS120133TOPS'N BARRICADES INC 201-7003-60429 39.15Paint/Legends09/20/18- PAINT LEGENDS120133TOPS'N BARRICADES INC 201-7003-60433 111.69Traffic Control Signs09/20/18- TRAFFIC SIGNS120133TOPS'N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:3,344.54 Fund: 202 - LIBRARY & MUSEUM FUND 92.10Maintenance/Services08/28/18- LIBRARY ELECTRICAL MATERIALS120077CONSOLIDATED ELECTRICAL DI…202-3004-60691 90.73Maintenance/Services09/20/18- LIBRARY MATERIALS120088FERGUSON ENTERPRISES, INC 202-3004-60691 117.93Utilities - Telephone09/13-10/12/18- MUSEUM PHONE SVC120089FRONTIER COMMUNICATIONS…202-3006-61300 30.08Utilities - Gas07/20-08/19-08/20-09/18/18- GAS SVC120091GAS COMPANY, THE 202-3004-61100 75.00Operating Supplies09/07/18- FREIGHT FOR SUPPLIES120092GAYLORD BROS INC 202-3006-60420 1,331.65Operating Supplies09/12/18- MUSEUM ARCHIV PROJECT120092GAYLORD BROS INC 202-3006-60420 93.26Operating Supplies09/18/18- MUSEUM ARCHIVING PROJECT120092GAYLORD BROS INC 202-3006-60420 110.27Operating Supplies09/19/18- MUSEUM ARCHIC PROJECT120092GAYLORD BROS INC 202-3006-60420 4,993.36Utilities - Electricity09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 202-3004-61101 1,239.28Utilities - Electricity09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 202-3006-61101 85.81Operating Supplies04/05/18- DIE DE LOS NINOS120109ORIENTAL TRADING COMPANY…202-3004-60420 2,100.00Museum Operations10/2018 ARCHIVING SERVICES FOR LQ HIS…120114PARKOS-MARTINEZ, SHERRY A 202-3006-60105 39.13Operating Supplies09/20/18- MAKERSPACE SUPPLIES120129STAPLES ADVANTAGE 202-3004-60420 74.00Pest Control09/07/18- LIBRARY PEST CONTROL120136TRULY NOLEN INC 202-3004-60116 170.00Maintenance/Services08/24/18- LIBRARY SWITCHES120144VINTAGE E & S INC 202-3004-60691 81.56Operating Supplies09/2018- MAKERSPACE LASER CUTTER CH…120146WELLS FARGO BUSINESS CARD 202-3004-60420 Fund 202 - LIBRARY & MUSEUM FUND Total:10,724.16 Fund: 215 - LIGHTING & LANDSCAPING FUND 4,207.64Utilities - Water - Medians09/26/18- WATER SERVICE120073COACHELLA VALLEY WATER DI…215-7004-61211 41,838.77Landscape Contract09/18 FY18/19 CITYWIDE LANSCAPE L&L …120076CONSERVE LANDCARE 215-7004-60112 48 Demand Register Packet: APPKT01765 - DA 10/05/2018 10/4/2018 6:32:48 PM Page 4 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 2,257.55Utilities - Electric09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 215-7004-61116 1,025.80Utilities - Electric - Medians09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 215-7004-61117 2,945.99Utilities - Electric10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 215-7004-61116 1,442.93Utilities - Electric - Medians10/01/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 215-7004-61117 4,810.00Maintenance/Services09/18/18- PEDESTALS DESERT CLUB & EST…120101KRIBBS, BRUCE 215-7004-60691 25.58Materials/Supplies09/12/18- IRRIGATION MATERIAL120127SMITH PIPE & SUPPLY CO 215-7004-60431 690.05Materials/Supplies09/20/18- LANDSCAPE & ROCK120128SOUTHWEST BOULDER & STO…215-7004-60431 700.24Materials/Supplies09/20/18- LANDSCAPE & ROCK120128SOUTHWEST BOULDER & STO…215-7004-60431 6.57Supplies-Graffiti and Vandalism09/11/18- GRAFFITI PAINT120130THE SHERWIN-WILLIAMS CO.215-7004-60423 153.22Operating Supplies09/20/18- PLANTS120143VINTAGE ASSOCIATES 215-7004-60420 261.00Materials/Supplies09/14/18- PEDESTALS VILLAGE120145WALTERS WHOLESALE ELECTR…215-7004-60431 637.14Materials/Supplies09/19/18- LANDSCAPE ELECTRICAL120145WALTERS WHOLESALE ELECTR…215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:61,002.48 Fund: 235 - SO COAST AIR QUALITY FUND 10,043.99CVAG04/01/18-06/30/18- 4TH QTR VEHICLE REG120072COACHELLA VALLEY ASSOC OF…235-0000-60186 175.99Utilities - Electricity09/26/18- ELECTRICITY SERVICE120097IMPERIAL IRRIGATION DIST 235-0000-61101 Fund 235 - SO COAST AIR QUALITY FUND Total:10,219.98 Fund: 241 - HOUSING AUTHORITY 200.00Travel & Training09/2018- NUTS & BOLTS WORKSHOP120146WELLS FARGO BUSINESS CARD 241-9101-60320 Fund 241 - HOUSING AUTHORITY Total:200.00 Fund: 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) 223.43Relocation Benefits08/21-09/19/18- WSA TEMP BENEFITS120097IMPERIAL IRRIGATION DIST 248-9102-60159 Fund 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) Total:223.43 Fund: 270 - ART IN PUBLIC PLACES FUND 2,500.00Art PurchasesAPP LIBRARY MAKERSPACE MURAL120123SANCHEZ, CHRISTOPHER A 270-0000-74800 Fund 270 - ART IN PUBLIC PLACES FUND Total:2,500.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 2,736.50DesignDUNE PALMS WIDENING PRJ 091004-D120060BENGAL ENGINEERING INC 401-0000-60185 -9,773.69Retention PayablePO#1819-0017 RETENTION 2120075CONSERVE LANDCARE 401-0000-20600 195,473.75ConstructionFY18/19 QUINTERRA AND ADAMS BASIN, …120075CONSERVE LANDCARE 401-0000-60188 364.32Construction09/20/18- WIRE FOR 111 & LQ CENTER120085ECONOLITE CONTROL PRODU…401-0000-60188 692.50Construction08/24/18- RESTROOM EXHAUST FANS120144VINTAGE E & S INC 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:189,493.38 Fund: 501 - FACILITY & FLEET REPLACEMENT 1,143.10Vehicle Repair & Maintenance09/19/18- INVERTER INSTALLATION120054A & J TRUCK REPAIR 501-0000-60676 80.46Vehicle Repair & Maintenance09/27/18- VEHICLE KEY120067CHEVROLET CADILLAC 501-0000-60676 75.00Vehicle Repair & Maintenance09/06/18- COP DURANGO TOW120070CLASSIC AUTO TRANSPORT 501-0000-60676 435.00Car Washes09/22/18- CAR WASHES120118RAN AUTO DETAIL 501-0000-60148 75.00Vehicle Repair & Maintenance09/24/18- FORD ESCAPE TOW120121RON'S TOWING & STORAGE 501-0000-60676 1,015.00Cvc Ctr Bldg Repl/Repair09/25/18- CITY HALL SIGNS120132TOP OF THE LINE SIGNS 501-0000-71103 243.56Vehicle Repair & Maintenance09/26/18- VEHICLE LOGOS120132TOP OF THE LINE SIGNS 501-0000-60676 1,646.69Fuel & Oil08/16-09/31/18- UNLEAD/DIESEL FUEL120134TOWER ENERGY GROUP 501-0000-60674 200,000.00Cvc Ctr Bldg Repl/Repair09/18/18 CITY HALL EXTERIOR PAINT- PRO…120139U.S NATIONAL CORP 501-0000-71103 850.27Vehicle Repair & Maintenance09/2018- TRUCK TAIL GATE120146WELLS FARGO BUSINESS CARD 501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:205,564.08 Fund: 502 - INFORMATION TECHNOLOGY 736.30Copiers09/20/18-10/19/18- C.C CANON COPIER …120064CANON FINANCIAL SERVICES, …502-0000-60662 414.39Computers09/17/18- PRINTER REPLACEMENT120065CDW GOVERNMENT INC 502-0000-80103 61.99Operating Supplies09/17/18- WC WEBCAM120065CDW GOVERNMENT INC 502-0000-60420 437.37Operating Supplies09/18/18- DUAL MONITOR DOCK120065CDW GOVERNMENT INC 502-0000-60420 71.71Operating Supplies09/21/18- USB ADAPTER CABLE120065CDW GOVERNMENT INC 502-0000-60420 983.61Computers09/21/18- MONITORS120065CDW GOVERNMENT INC 502-0000-80103 218.69Operating Supplies09/21/18- DOCKING STATION120065CDW GOVERNMENT INC 502-0000-60420 140.00Consultants09/18/18- COUNCIL MTG VIDEO120082DESERT C.A.M INC 502-0000-60104 5.00Technology Enhancement Sur…07/05/18- TUP2018-0009 REFUND TEMP …120115PARTY CITY CORPORATION 502-0000-43611 144.78Utilities - Cable10/2018- CITY HALL CABLE120131TIME WARNER CABLE 502-0000-61400 2,079.00Utilities - Cable09/10/18-10/09/18- CITY HALL FIBER120131TIME WARNER CABLE 502-0000-61400 68.77Utilities - Cable09/12-10/11/18- CITY YARD CABLE120131TIME WARNER CABLE 502-0000-61400 49 Demand Register Packet: APPKT01765 - DA 10/05/2018 10/4/2018 6:32:48 PM Page 5 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 2,230.20Utilities - Telephone08/23-09/22/18- PHONE SERVICE120135TPx COMMUNICATIONS 502-0000-61300 355.77Software Licenses11/01/18-10/31/19- TYLER MAINT FEES120138TYLER TECHNOLOGIES 502-0000-60301 1,794.31Software Licenses08/10-09/19/18- AZURE120146WELLS FARGO BUSINESS CARD 502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total:9,741.89 Fund: 503 - PARK EQUIP & FACILITY FUND 240.00Parks10/01/18- LQ PARK OVERSPRAY REMOVAL120061BLOWNAWAY BY WILLIAM 503-0000-71060 675.00Parks09/25/18- PARK FITNESS DECAL INSTALLAT…120132TOP OF THE LINE SIGNS 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:915.00 Fund: 504 - INSURANCE FUND 129.16Travel & Training09/25/18- MILEAGE REIMB TRAINING120107NIETO, PAM 504-1010-60320 20.58Office Supplies09/18/18- STAFF BUSINESS CARDS- NIETO120113PALMS TO PINES PRINTING 504-1010-60400 350.00Travel & Training09/2018- RISK CONFERENCE - P NIETO120146WELLS FARGO BUSINESS CARD 504-1010-60320 226.98Travel & Training09/2018- RISK MGMT TRAINING - P NIETO120146WELLS FARGO BUSINESS CARD 504-1010-60320 Fund 504 - INSURANCE FUND Total:726.72 Fund: 601 - SILVERROCK RESORT 2,446.87Repair & Maintenance10/02/18- %50 PYMT TORN SRR SHADES120112PALMS TO PINES CANVAS 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:2,446.87 Grand Total:581,154.53 50 Demand Register Packet: APPKT01765 - DA 10/05/2018 10/4/2018 6:32:48 PM Page 6 of 8 Fund Summary Fund Expense Amount 101 - GENERAL FUND 84,052.00 201 - GAS TAX FUND 3,344.54 202 - LIBRARY & MUSEUM FUND 10,724.16 215 - LIGHTING & LANDSCAPING FUND 61,002.48 235 - SO COAST AIR QUALITY FUND 10,219.98 241 - HOUSING AUTHORITY 200.00 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)223.43 270 - ART IN PUBLIC PLACES FUND 2,500.00 401 - CAPITAL IMPROVEMENT PROGRAMS 189,493.38 501 - FACILITY & FLEET REPLACEMENT 205,564.08 502 - INFORMATION TECHNOLOGY 9,741.89 503 - PARK EQUIP & FACILITY FUND 915.00 504 - INSURANCE FUND 726.72 601 - SILVERROCK RESORT 2,446.87 Grand Total:581,154.53 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable -27.84 101-0000-20308 SMIP Fees Payable 1,947.90 101-0000-20915 Employee Computer Loan 1,559.65 101-0000-20949 LT Care Insurance Pay 196.05 101-0000-20981 United Way Deductions 42.00 101-0000-20985 Garnishments Payable 200.00 101-0000-22830 Miscellaneous Deposits 500.00 101-0000-41401 TOT - Short Term Vac. Ren…17.33 101-0000-42214 Wellness Center Leisure E…4.00 101-0000-42300 Cash Over/Short 592.50 101-0000-42416 Digitization/Records Man…10.00 101-0000-42439 Temporary Use Permit 257.00 101-0000-42610 SMIP Fees -97.40 101-1002-60101 Contract Services - Admini…3,500.00 101-1002-60320 Travel & Training 150.00 101-1004-50252 Fitness Membership Reim…120.00 101-1004-60103 Professional Services 2,712.50 101-1004-60129 Recruiting/Pre-Employme…175.97 101-1004-60320 Travel & Training 87.75 101-1004-60322 Training & Education/MOU 1,619.00 101-1004-60400 Office Supplies 191.71 101-1004-60420 Operating Supplies 174.37 101-1005-60320 Travel & Training 200.00 101-1005-60400 Office Supplies 35.11 101-1006-60102 Administration -100.00 101-1006-60320 Travel & Training 150.00 101-1006-60400 Office Supplies 129.41 101-1007-60403 Citywide Conf Room Suppl…429.31 101-1007-60470 Postage 4,153.03 101-2001-60109 LQ Police Volunteers 539.39 101-2001-60174 Blood/Alcohol Testing 120.00 101-2001-60176 Sheriff - Other 170.00 101-2002-60112 Landscape Contract 1,216.00 101-2002-60116 Pest Control 199.00 101-2002-60691 Maintenance/Services 1,945.19 101-2002-61100 Utilities - Gas 33.29 101-2002-61101 Utilities - Electricity 3,042.58 101-2002-61300 Utilities - Telephone 1,065.26 101-2002-61304 Mobile/Cell Phones/Satell…49.01 101-3001-60135 Boys & Girls Club 10,000.00 101-3001-60320 Travel & Training 172.59 51 Demand Register Packet: APPKT01765 - DA 10/05/2018 10/4/2018 6:32:48 PM Page 7 of 8 Account Summary Account Number Account Name Expense Amount 101-3001-60400 Office Supplies 41.12 101-3002-60107 Instructors 1,031.90 101-3002-60400 Office Supplies 85.03 101-3002-60420 Operating Supplies 483.05 101-3003-60149 Community Experiences 2,226.42 101-3005-60400 Office Supplies 49.57 101-3005-61102 Utilities - Electric - Montic…13.48 101-3005-61103 Utilities - Electric - Civic C…1,757.64 101-3005-61105 Utilities - Electric - Fritz Bu…1,187.54 101-3005-61108 Utilities - Electric - Colonel…195.46 101-3005-61109 Utilities - Electric - Comm…2,034.50 101-3005-61110 Utilities - Electric - Adams…29.51 101-3005-61111 Utilities - Electric - Velasco…13.37 101-3005-61113 Utilities - Electric - Eisenh…21.50 101-3005-61114 Utilities - Electric - Desert …13.14 101-3005-61202 Utilities - Water - Civic Ce…5,264.28 101-3005-61209 Utilities - Water -Commun…11,225.14 101-3007-60351 Membership Dues 75.00 101-3007-60461 Marketing & Tourism Pro…123.36 101-3008-60116 Pest Control 47.00 101-3008-60431 Materials/Supplies 616.69 101-3008-60667 HVAC 1,403.11 101-3008-61100 Utilities - Gas 87.69 101-3008-61101 Utilities - Electricity 13,271.47 101-6001-60320 Travel & Training 575.00 101-6002-60320 Travel & Training 1,525.00 101-6002-60351 Membership Dues 230.00 101-6003-60425 Supplies - Field 196.16 101-6004-60111 Administrative Citation Se…958.25 101-6004-60400 Office Supplies 151.13 101-7003-60320 Travel & Training 525.00 101-7003-60400 Office Supplies 173.80 101-7006-60146 PM 10 - Dust Control 125.00 101-7006-60320 Travel & Training 814.03 201-7003-60427 Safety Gear 538.28 201-7003-60429 Traffic Control Signs 623.03 201-7003-60433 Paint/Legends 39.15 201-7003-61101 Utilities - Electricity 1,071.01 201-7003-61701 Equipment Rental 1,073.07 202-3004-60116 Pest Control 74.00 202-3004-60420 Operating Supplies 206.50 202-3004-60691 Maintenance/Services 352.83 202-3004-61100 Utilities - Gas 30.08 202-3004-61101 Utilities - Electricity 4,993.36 202-3006-60105 Museum Operations 2,100.00 202-3006-60420 Operating Supplies 1,610.18 202-3006-61101 Utilities - Electricity 1,239.28 202-3006-61300 Utilities - Telephone 117.93 215-7004-60112 Landscape Contract 41,838.77 215-7004-60420 Operating Supplies 153.22 215-7004-60423 Supplies-Graffiti and Van…6.57 215-7004-60431 Materials/Supplies 2,314.01 215-7004-60691 Maintenance/Services 4,810.00 215-7004-61116 Utilities - Electric 5,203.54 215-7004-61117 Utilities - Electric - Media…2,468.73 215-7004-61211 Utilities - Water - Medians 4,207.64 235-0000-60186 CVAG 10,043.99 235-0000-61101 Utilities - Electricity 175.99 52 Demand Register Packet: APPKT01765 - DA 10/05/2018 10/4/2018 6:32:48 PM Page 8 of 8 Account Summary Account Number Account Name Expense Amount 241-9101-60320 Travel & Training 200.00 248-9102-60159 Relocation Benefits 223.43 270-0000-74800 Art Purchases 2,500.00 401-0000-20600 Retention Payable -9,773.69 401-0000-60185 Design 2,736.50 401-0000-60188 Construction 196,530.57 501-0000-60148 Car Washes 435.00 501-0000-60674 Fuel & Oil 1,646.69 501-0000-60676 Vehicle Repair & Mainte…2,467.39 501-0000-71103 Cvc Ctr Bldg Repl/Repair 201,015.00 502-0000-43611 Technology Enhancement…5.00 502-0000-60104 Consultants 140.00 502-0000-60301 Software Licenses 2,150.08 502-0000-60420 Operating Supplies 789.76 502-0000-60662 Copiers 736.30 502-0000-61300 Utilities - Telephone 2,230.20 502-0000-61400 Utilities - Cable 2,292.55 502-0000-80103 Computers 1,398.00 503-0000-71060 Parks 915.00 504-1010-60320 Travel & Training 706.14 504-1010-60400 Office Supplies 20.58 601-0000-60660 Repair & Maintenance 2,446.87 Grand Total:581,154.53 Project Account Summary Project Account Key Expense Amount **None**183,892.57 091004D 2,736.50 1819TMICT 364.32 201603CT 195,473.75 201603RP -9,773.69 201703FFE 692.50 201718E 200,000.00 201725E 915.00 9/11E 16.31 ARCHIVEE 3,710.18 BREWE 1,706.63 CSA152E 903.03 MAKERE 114.13 NATFITE 36.29 TREEE 298.31 VETSE 68.70 Grand Total:581,154.53 53 9/10/2018 6:25:40 PM Page 1 of 2 Payment Reversal Register City of La Quinta APPKT01741 - DA 09/10/2018 Canceled Payables Vendor Set:01 - Vendor Set 01 Bank:APBNK - APBNK 00921 Vendor Number HDL COREN & CONE Total Vendor Amount -2,608.23 Vendor Name Check 119675 09/10/2018 -2,608.2308/24/2018 09/10/2018 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 29551-IN 08/21/20181ST QUARTER SALES TAX 2,608.2308/21/2018 54 Payment Reversal Register Packet: APPKT01741 - DA 09/10/2018 9/10/2018 6:25:40 PM Page 2 of 2 Bank Code Summary Canceled Payables Payables Left To Pay AgainBank Code Total APBNK -2,608.23 0.00 -2,608.23 -2,608.23 0.00Report Total:-2,608.23 55 City of La Quinta Bank Transactions 9/22/18 – 10/05/18 Wire Transaction Listed below are the wire transfer from 9/22/18 – 10/05/18 Wire Transfers: 09/24/2018 - WIRE TRANSFER - CALPERS 39,738.11$ 09/25/2018 - WIRE TRANSFER - TASC 1,875.02$ 09/28/2018 - WIRE TRANSFER - WASH ST APARTMENTS 1,900,468.50$ 10/03/2018 - WIRE TRANSFER - CALPERS 25.12$ 10/03/2018 - WIRE TRANSFER - LANDMARK 129,025.37$ 10/05/2018 - WIRE TRANSFER - ICMA 4,500.48$ 10/05/2018 - WIRE TRANSFER - LQCEA 432.00$ 10/05/2018 - WIRE TRANSFER - CALPERS 39,830.36$ TOTAL WIRE TRANSFERS OUT 2,115,894.96$ Attachment 2 56 City of La Quinta Purchase Orders 01/01/18 – 06/30/18 Purchase Orders Listed below are the Purchase Orders from 01/01/18 – 06/30/18 P.O Number Amount Hegge Electrical 1718-0162 50,000.00$ Charging Stations Install Contractors INC City Hall Tall Man Group Inc 1718-0113 50,000.00$ Real Estate/Successor Agency GOVINVEST 1718-0105 49,680.00$ Actuarial Services Cloudburst Engineering 1718-0153 44,340.00$ Pump Replacement at SilverRock Quinn Company 1718-0121 44,149.34$ Skid Steer Loader Equipment Ark Connects LLC 1718-0138 40,000.00$ City iOS Application Dudek & Associates INC 1718-0126 37,062.00$ Washington St Drainage Improvements South Valley Electric INC 1718-0145 33,350.04$ Concrete LED Light Bollards Leighton & Associates INC 1718-0136 30,000.00$ On-Call Geological Report Review Services JTB Supply Company INC 1718-0112 29,950.00$ Traffic Signal Equipment Hegge Electrical 1718-0161 27,936.16$ Charging Station Install Contractors INC Wellness Center & Old Town CNS Engineers INC 1718-0119 26,797.00$ La Quinta Bridge Maintenance Program Iteris 1718-0107 26,796.00$ Video Detection System Miles & Adams Street Vermillions 1718-0139 25,000.00$ SilverRock PM10 Service Environmental Street Food Cinema 1718-0149 25,000.00$ Movie Event Experience PurposeVendor Attachment 3 57 58 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JUNE 30,2018 RECOMMENDATION Receive and file revenue and expenditure report dated June 30, 2018. EXECUTIVE SUMMARY •The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for June 2018 (Attachment 1). •Revenue and expenditure reports are also reviewed by the Finance Advisory Commission (FAC). FISCAL IMPACT - None BACKGROUND/ANALYSIS Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports: Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2017 for fiscal year 2017/18. Current Total Budget – represents original adopted budgets plus any carryovers (typically associated with long-term Capital Improvement Projects (CIP) from the prior fiscal year) and any Council approved budget amendments from throughout the year. Period Activity – represents actual revenues received and expenditures outlaid in the reporting month. Fiscal Activity – represents actual revenues received and expenditures outlaid YTD. Variance Favorable/ (Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted CONSENT CALENDAR ITEM NO. 4 59 amount. Percent Used – represents the percentage activity as compared to budget YTD. June Revenues MTD YTD YTD Percent of Budget General Fund (GF) $ 10,419,887 $ 56,600,690 108.09% All Funds $ 28,421,533 $ 104,336,120 87.80% June Expenditures MTD YTD YTD Percent of Budget General Fund $ 10,926,710 $ 44,763,187 78.37% Payroll (GF) $ 916,128 $ 9,600,949 91.00% All Funds $ 15,092,692 $ 80,128,305 56.05% Top Five Revenue/Income Sources for June General Fund Non-General Fund Measure G Sales Tax $2,131,942 County Government Revenue for Debt Service $12,951,230 Sales Tax $2,052,776 Transfers in for CIP Fund $1,550,001 Transient Occupancy (Hotel) Tax $1,786,649 Finance Authority Debt Service Income $ 671,274 Fire Service Credit (from County) $1,643,708 CVAG funding for Dune Palms Project $ 319,809 Property Tax $1,290,242 Allocated Interest $ 311,124 Top Five Expenditures/Outlays for June General Fund Non-General Fund Sheriff Contract (March- June Services) $5,876,582 Capital Improvement Plan (CIP) -Design (3) $ 589,965 Fire Service Costs(1) $1,536,704 Washington Street Apartments Construction $ 505,774 Civic Center payment to Finance Authority $ 671,274 Library Operations $ 274,102 Transfers Out(2) $ 612,066 Measure A Transfers Out (for CIP) $ 265,759 Insurance Allocation $ 112,250 Washington Street Apartments Relocation $ 215,269 60 (1) Includes shared agreement costs for Indio Ladder Truck (2) Transfers out to CIP Fund including Village Complete Streets, Citywide Drainage, Miles Ave. Medians and others (3) Design costs include Village Complete Streets, Dune Palms Widening/Bridge, Systemic Safety Analysis, and others The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. All funds are generally on target or under budget regarding expenditures. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Karla Campos, Finance Director Attachment 1: Revenue and Expenditure Report for June 30, 2018 61 62 ATTACHMENT 1 For Fiscal: 2017/18 Period Ending: 06/30/2018 10/4/2018 8:01:39 PM Page 1 of 2 Fund Summary-Revenue Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 56,600,69010,419,88748,551,600 52,363,100 4,237,590 108.09 % 201 - GAS TAX FUND 1,345,439139,8391,415,400 1,415,400 -69,961 95.06 % 202 - LIBRARY & MUSEUM FUND 2,664,113276,3522,254,000 2,254,000 410,113 118.19 % 203 - PUBLIC SAFETY FUND (MEASURE G)300,0000300,000 300,000 0 100.00 % 210 - FEDERAL ASSISTANCE FUND 187,2820125,800 189,089 -1,807 99.04 % 212 - SLESA (COPS) FUND 156,45833,333100,100 100,100 56,358 156.30 % 215 - LIGHTING & LANDSCAPING FUND 1,443,05318,8801,448,900 1,448,900 -5,847 99.60 % 217 - DEVELOPMENT AGREEMENT 1,001000 1,001 0.00 % 218 - CV VIOLENT CRIME TASK FORCE -251000 -251 0.00 % 219 - ASSET FORFEITURE -13000 -13 0.00 % 220 - QUIMBY FUND 51,842055,000 55,000 -3,158 94.26 % 221 - AB 939 - CALRECYCLE FUND 70,60825,73662,500 62,500 8,108 112.97 % 223 - MEASURE A FUND 780,260245,177724,500 735,500 44,760 106.09 % 224 - TUMF FUND 302000 302 0.00 % 225 - INFRASTRUCTURE FUND 184000 184 0.00 % 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)12,299-9,700012,300 -1 99.99 % 227 - State Homeland Security Programs (SHSP)5,741006,000 -259 95.68 % 231 - SUCCESSOR AGCY PA 1 RORF 20,620,39212,951,23200 20,620,392 0.00 % 235 - SO COAST AIR QUALITY FUND 53,21013,39250,300 50,300 2,910 105.78 % 237 - SUCCESSOR AGCY PA 1 ADMIN 126,5001,50000 126,500 0.00 % 241 - HOUSING AUTHORITY 1,343,393329,884919,000 1,012,800 330,593 132.64 % 243 - RDA Low-Mod Housing Fund 12,279000 12,279 0.00 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)278,504112,64800 278,504 0.00 % 250 - TRANSPORTATION DIF FUND 536,84688,556369,000 415,000 121,846 129.36 % 251 - PARKS & REC DIF FUND 335,87275,776200,000 254,000 81,872 132.23 % 252 - CIVIC CENTER DIF FUND 145,47722,795100,000 120,000 25,477 121.23 % 253 - LIBRARY DEVELOPMENT DIF 56,41612,72830,000 43,000 13,416 131.20 % 254 - COMMUNITY CENTER DIF 22,1134,77315,400 15,400 6,713 143.59 % 255 - STREET FACILITY DIF FUND 25,0673,61015,000 20,000 5,067 125.34 % 256 - PARK FACILITY DIF FUND 6,5661,4804,000 4,000 2,566 164.14 % 257 - FIRE PROTECTION DIF 66,45610,49140,000 55,000 11,456 120.83 % 270 - ART IN PUBLIC PLACES FUND 43,3042,83153,500 45,200 -1,896 95.81 % 275 - LQ PUBLIC SAFETY OFFICER 2,30702,100 2,100 207 109.85 % 299 - INTEREST ALLOCATION FUND 637,392311,12400 637,392 0.00 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 671,451671,274671,400 671,400 51 100.01 % 401 - CAPITAL IMPROVEMENT PROGRAMS 7,357,4851,765,4058,423,900 48,906,045 -41,548,560 15.04 % 501 - FACILITY & FLEET REPLACEMENT 716,343141,000531,000 651,000 65,343 110.04 % 502 - INFORMATION TECHNOLOGY 755,296185,045714,000 729,000 26,296 103.61 % 503 - PARK EQUIP & FACILITY FUND 324,05875,000680,000 310,000 14,058 104.53 % 504 - INSURANCE FUND 994,260247,2501,001,000 1,005,000 -10,740 98.93 % 601 - SILVERROCK RESORT 4,001,718171,5014,004,200 4,004,200 -2,482 99.94 % 602 - SILVERROCK GOLF RESERVE 62,24958,51761,300 61,300 949 101.55 % 760 - SUPPLEMENTAL PENSION PLAN 15,09514,21500 15,095 0.00 % 761 - CERBT OPEB TRUST 1,507,064001,523,400 -16,336 98.93 % Report Total:28,421,533 104,336,12072,922,900 118,840,034 -14,503,914 87.80 % Accounts are subject to adjusting entries and audit. The City's Comprehensive Annual Financial Report (CAFR), published annually in December, is the best resource for all final audited numbers. 63 For Fiscal: 2017/18 Period Ending: 06/30/2018 10/4/2018 7:40:10 PM Page 2 of 2 Fund Summary-Expenditures Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 44,763,18710,926,71048,180,700 57,118,663 12,355,476 78.37 % 201 - GAS TAX FUND 1,285,412290,9961,435,000 1,442,240 156,828 89.13 % 202 - LIBRARY & MUSEUM FUND 2,237,686502,9781,947,500 2,524,500 286,814 88.64 % 210 - FEDERAL ASSISTANCE FUND 187,282114,245125,800 189,089 1,807 99.04 % 212 - SLESA (COPS) FUND 83,09531,475100,000 100,000 16,905 83.10 % 215 - LIGHTING & LANDSCAPING FUND 1,393,316223,7531,519,300 1,527,920 134,604 91.19 % 217 - DEVELOPMENT AGREEMENT 80,99766,891067,000 -13,997 120.89 % 218 - CV VIOLENT CRIME TASK FORCE 3,407000 -3,407 0.00 % 219 - ASSET FORFEITURE 56000 -56 0.00 % 220 - QUIMBY FUND 462,93846,90304,013,078 3,550,140 11.54 % 221 - AB 939 - CALRECYCLE FUND 17,9022,74220,000 20,000 2,098 89.51 % 223 - MEASURE A FUND 388,747265,759787,000 1,838,604 1,449,857 21.14 % 225 - INFRASTRUCTURE FUND 0022,600 22,600 22,600 0.00 % 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)12,29912,29900 -12,299 0.00 % 227 - State Homeland Security Programs (SHSP)5,7863,07806,000 214 96.43 % 231 - SUCCESSOR AGCY PA 1 RORF 9,449,678144,08100 -9,449,678 0.00 % 235 - SO COAST AIR QUALITY FUND 130,48598,06332,000 119,000 -11,485 109.65 % 237 - SUCCESSOR AGCY PA 1 ADMIN 149,8877,64700 -149,887 0.00 % 241 - HOUSING AUTHORITY 678,49138,8561,192,100 1,202,920 524,429 56.40 % 243 - RDA Low-Mod Housing Fund 259,00000259,000 0 100.00 % 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)347,982273,4141,704,900 1,704,900 1,356,918 20.41 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)2,023,975505,7749,400,000 9,400,000 7,376,025 21.53 % 250 - TRANSPORTATION DIF FUND 1,097,811147,6811,005,100 3,437,525 2,339,714 31.94 % 252 - CIVIC CENTER DIF FUND 54,2880056,000 1,712 96.94 % 253 - LIBRARY DEVELOPMENT DIF 13,5190014,000 481 96.56 % 254 - COMMUNITY CENTER DIF 00101,600 101,600 101,600 0.00 % 255 - STREET FACILITY DIF FUND 14,5900015,000 410 97.26 % 256 - PARK FACILITY DIF FUND 4,285005,000 715 85.70 % 257 - FIRE PROTECTION DIF 2,834003,000 166 94.48 % 270 - ART IN PUBLIC PLACES FUND 84,6990122,000 322,000 237,301 26.30 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 671,2740671,400 671,400 126 99.98 % 401 - CAPITAL IMPROVEMENT PROGRAMS 7,516,204705,6288,614,400 48,708,066 41,191,862 15.43 % 501 - FACILITY & FLEET REPLACEMENT 507,364-2,7931,069,300 1,305,076 797,712 38.88 % 502 - INFORMATION TECHNOLOGY 813,519158,306914,000 917,100 103,581 88.71 % 503 - PARK EQUIP & FACILITY FUND 358,89374,956670,000 880,000 521,107 40.78 % 504 - INSURANCE FUND 902,9039,574969,200 972,740 69,837 92.82 % 601 - SILVERROCK RESORT 4,111,681443,6754,003,400 4,005,470 -106,211 102.65 % 760 - SUPPLEMENTAL PENSION PLAN 12,833000 -12,833 0.00 % Report Total:15,092,692 80,128,30584,607,300 142,969,492 62,841,186 56.05 % Accounts are subject to adjusting entries and audit. The City's Comprehensive Annual Financial Report (CAFR), published annually in December, is the best resource for all final audited numbers. 64 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JULY 31, 2018 RECOMMENDATION Receive and file revenue and expenditure report dated July 31, 2018. EXECUTIVE SUMMARY •The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for July 2018 (Attachment 1). •Revenue and expenditure reports are also reviewed by the Finance Advisory Commission (FAC). FISCAL IMPACT - None BACKGROUND/ANALYSIS Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports: Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2018 for fiscal year 2018/19. Current Total Budget – represents original adopted budgets plus any carryovers (typically associated with long-term Capital Improvement Projects (CIP) from the prior fiscal year) and any Council approved budget amendments from throughout the year. The 2017/18 CIP carryovers will be processed in October 2018 after the year-end audit is completed. Period Activity – represents actual revenues received and expenditures outlaid in the reporting month. Fiscal Activity – represents actual revenues received and expenditures outlaid YTD. Variance Favorable/ (Unfavorable) - represents the dollar difference CONSENT CALENDAR ITEM NO. 5 65 between YTD collections/expenditures and the current budgeted amount. Percent Used – represents the percentage activity as compared to budget YTD. July Revenues MTD YTD YTD Percent of Budget General Fund (GF) $ 316,839 $ 316,839 0.61% All Funds $ 940,181 $ 940,181 1.15% July Expenditures MTD YTD YTD Percent of Budget General Fund $ 1,514,597 $ 1,514,597 2.96% Payroll (GF) $ 1,268,435 $ 1,268,435 12.51% All Funds $ 3,108,847 $ 3,108,847 3.71% Top Five Revenue/Income Sources for July General Fund Non-General Fund Building Plan Check Fees $ 55,709 Development Impact Fees (Transportation) $101,880 Public Works Plan Check Fees $ 44,064 Development Impact Fees (Parks) $ 98,304 Business Licenses $ 37,660 Allocated Interest $ 86,595 Permits $ 16,299 Housing Authority 2nd Trust Deed Payments $ 78,379 Lease Revenue (Cell Towers) $ 15,601 Gas Tax $ 68,572 Top Five Expenditures/Outlays for July General Fund Non-General Fund Buildings $100,000 Liability Insurance Premium $431,167 Membership Dues(1) $ 72,106 Washington Street Apartments Construction $351,458 Resort Rebate Program $ 35,000 SilverRock Maintenance $147,406 Professional Services $ 33,230 Worker's Compensation Insurance Premium $123,562 Membership Dues(2) $ 10,000 Land Acquisition(3) $115,626 (1)Coachella Valley Association of Governments (CVAG) and Riverside Local Agency Formation Commission (LAFCO) (2) Coachella Valley Economic Partnership (CVEP) (3) Land acquisition costs associated with Dune Palms projects 66 The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. All funds are generally on target or under budget regarding expenditures. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Karla Campos, Finance Director Attachment 1: Revenue and Expenditure Report for July 31, 2018 67 68 For Fiscal: 2018/19 Period Ending: 07/31/2018 10/8/2018 11:46:41 AM Page 1 of 2 Fund Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 316,839316,83952,297,400 52,297,400 -51,980,561 0.61 % 201 - GAS TAX FUND 68,57268,5721,965,500 1,965,500 -1,896,928 3.49 % 202 - LIBRARY & MUSEUM FUND 002,333,000 2,333,000 -2,333,000 0.00 % 203 - PUBLIC SAFETY FUND (MEASURE G)00200,000 200,000 -200,000 0.00 % 210 - FEDERAL ASSISTANCE FUND 0072,000 72,000 -72,000 0.00 % 212 - SLESA (COPS) FUND 00100,100 100,100 -100,100 0.00 % 215 - LIGHTING & LANDSCAPING FUND 001,586,100 1,586,100 -1,586,100 0.00 % 220 - QUIMBY FUND 00367,000 367,000 -367,000 0.00 % 221 - AB 939 - CALRECYCLE FUND 0063,700 63,700 -63,700 0.00 % 223 - MEASURE A FUND 00971,708 971,708 -971,708 0.00 % 225 - INFRASTRUCTURE FUND 00100100 -100 0.00 % 230 - CASp FUND, AB 1379 1,4111,4114,000 4,000 -2,589 35.28 % 231 - SUCCESSOR AGCY PA 1 RORF 3300 3 0.00 % 235 - SO COAST AIR QUALITY FUND 0051,500 51,500 -51,500 0.00 % 241 - HOUSING AUTHORITY 102,957102,957315,000 315,000 -212,043 32.68 % 243 - RDA Low-Mod Housing Fund 008,000 8,000 -8,000 0.00 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)0030,000 30,000 -30,000 0.00 % 250 - TRANSPORTATION DIF FUND 101,880101,880369,000 369,000 -267,120 27.61 % 251 - PARKS & REC DIF FUND 98,30498,304508,200 508,200 -409,896 19.34 % 252 - CIVIC CENTER DIF FUND 25,35325,353110,000 110,000 -84,647 23.05 % 253 - LIBRARY DEVELOPMENT DIF 16,51216,51230,000 30,000 -13,488 55.04 % 254 - COMMUNITY CENTER DIF 6,1926,19215,400 15,400 -9,208 40.21 % 255 - STREET FACILITY DIF FUND 4,1504,15015,000 15,000 -10,850 27.67 % 256 - PARK FACILITY DIF FUND 1,9201,9204,000 4,000 -2,080 48.00 % 257 - FIRE PROTECTION DIF 11,67511,67540,000 40,000 -28,325 29.19 % 270 - ART IN PUBLIC PLACES FUND 15,97115,97188,500 88,500 -72,529 18.05 % 275 - LQ PUBLIC SAFETY OFFICER 002,100 2,100 -2,100 0.00 % 299 - INTEREST ALLOCATION FUND 86,59586,59500 86,595 0.00 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 00671,600 671,600 -671,600 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 0011,955,941 11,955,941 -11,955,941 0.00 % 501 - FACILITY & FLEET REPLACEMENT 00923,700 923,700 -923,700 0.00 % 502 - INFORMATION TECHNOLOGY 1,7391,7391,189,800 1,189,800 -1,188,061 0.15 % 503 - PARK EQUIP & FACILITY FUND 00675,000 675,000 -675,000 0.00 % 504 - INSURANCE FUND 00923,600 923,600 -923,600 0.00 % 601 - SILVERROCK RESORT 80,10980,1094,092,800 4,092,800 -4,012,691 1.96 % 602 - SILVERROCK GOLF RESERVE 0070,000 70,000 -70,000 0.00 % Report Total:940,181 940,18182,049,749 82,049,749 -81,109,568 1.15 % ATTACHMENT 1 Accounts are subject to adjusting entries and audit. The City's Comprehensive Annual Financial Report (CAFR), published annually in December, is the best resource for all final audited numbers. 69 For Fiscal: 2018/19 Period Ending: 07/31/2018 10/8/2018 11:45:10 AM Page 2 of 2 Fund Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 1,514,5971,514,59751,153,413 51,158,113 49,643,516 2.96 % 201 - GAS TAX FUND 50,35550,3551,959,900 1,967,800 1,917,445 2.56 % 202 - LIBRARY & MUSEUM FUND 1,5051,5051,628,200 1,628,200 1,626,695 0.09 % 210 - FEDERAL ASSISTANCE FUND 0072,000 72,000 72,000 0.00 % 212 - SLESA (COPS) FUND 00100,000 100,000 100,000 0.00 % 215 - LIGHTING & LANDSCAPING FUND 12,13012,1301,582,700 1,585,400 1,573,270 0.77 % 217 - DEVELOPMENT AGREEMENT 0067,000 67,000 67,000 0.00 % 220 - QUIMBY FUND 003,956,000 3,956,000 3,956,000 0.00 % 221 - AB 939 - CALRECYCLE FUND 0035,000 35,000 35,000 0.00 % 223 - MEASURE A FUND 00961,708 961,708 961,708 0.00 % 230 - CASp FUND, AB 1379 004,000 4,000 4,000 0.00 % 235 - SO COAST AIR QUALITY FUND 0054,000 54,000 54,000 0.00 % 241 - HOUSING AUTHORITY 31,02831,028604,000 602,500 571,472 5.15 % 243 - RDA Low-Mod Housing Fund 00250,000 250,000 250,000 0.00 % 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)17,32117,32100 -17,321 0.00 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)351,458351,45800 -351,458 0.00 % 250 - TRANSPORTATION DIF FUND 00400,000 400,000 400,000 0.00 % 252 - CIVIC CENTER DIF FUND 00110,000 110,000 110,000 0.00 % 253 - LIBRARY DEVELOPMENT DIF 0030,000 30,000 30,000 0.00 % 255 - STREET FACILITY DIF FUND 0015,000 15,000 15,000 0.00 % 256 - PARK FACILITY DIF FUND 004,000 4,000 4,000 0.00 % 257 - FIRE PROTECTION DIF 0040,000 40,000 40,000 0.00 % 270 - ART IN PUBLIC PLACES FUND 4,6004,600322,000 322,000 317,400 1.43 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 00671,600 671,600 671,600 0.00 % 401 - CAPITAL IMPROVEMENT PROGRAMS 117,754117,75411,955,941 11,955,941 11,838,187 0.98 % 501 - FACILITY & FLEET REPLACEMENT 20,56920,569923,700 923,700 903,131 2.23 % 502 - INFORMATION TECHNOLOGY 45,67745,6771,090,700 1,079,300 1,033,623 4.23 % 503 - PARK EQUIP & FACILITY FUND 6,7506,750705,000 705,000 698,250 0.96 % 504 - INSURANCE FUND 620,171620,171921,100 918,500 298,329 67.52 % 601 - SILVERROCK RESORT 302,098302,0984,090,800 4,091,000 3,788,902 7.38 % 602 - SILVERROCK GOLF RESERVE 0050,200 50,200 50,200 0.00 % 760 - SUPPLEMENTAL PENSION PLAN 12,83312,83300 -12,833 0.00 % Report Total:3,108,847 3,108,84783,757,962 83,757,962 80,649,115 3.71 % Accounts are subject to adjusting entries and audit. The City's Comprehensive Annual Financial Report (CAFR), published annually in December, is the best resource for all final audited numbers 70 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENTS WITH HERMANN DESIGN GROUP, INC, DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC, AND DAVID EVANS AND ASSOCIATES, INC FOR ON-CALL LANDSCAPE ARCHITECTURAL DESIGN SERVICES RECOMMENDATION Approve Contract Services Agreements with Hermann Design Group, Inc., David Volz Design Landscape Architects, Inc., and David Evans and Associates, Inc. for on-call landscape architectural design services; and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY On-call professional landscape architectural design services assist Staff in streamlining delivery of turf conversion plans for the North La Quinta Landscape Renovation Plan and other City landscape projects. The above-named firms are best qualified to provide these services and were selected through the competitive Request for Proposals (RFP) process, which was completed in September 2018. Each agreement would be approved for $200,000 in order to give Staff the ability to use a single or all three consultants. The budget for all projects has a “not to exceed” total of $200,000 for all three consultants. FISCAL IMPACT The Capital Improvement Project (CIP) design account funds landscape architectural design for individual CIP projects (401-0000-60185). The budget for all projects has a “not to exceed” total of $200,000 for all three consultants; the requested contract authority to fund up to $200,000 for each firm would allow staff to use one firm for additional work. However, Staff cannot exceed the $200,000 budget without Council approving additional funds. BACKGROUND/ANALYSIS In September 2018, the City received five proposals in response to the on-call landscape architectural design services RFP. Three consultants, Hermann Design Group, Inc., David Volz Design Landscape Architects, Inc., and David CONSENT CALENDAR ITEM NO. 6 71 Evans and Associates, Inc. were selected by the review panel. Staff recommends these firms be retained to ensure services are available. The City’s on-call professional landscape architectural design consultants will provide on-call landscape and irrigation support services for a variety of landscape improvements within its publicly owned right of way, including the three-year $10 million North La Quinta Landscape Renovation Plan. These consultants provide expertise that Staff does not have. The monthly invoices will be tracked to ensure that the total budget of $200,000 is not exceeded. Staff requests this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments. ALTERNATIVES Council could elect not to approve any of the three proposed agreements. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, City Engineer Attachments: 1. Agreement for Contract Services with David Volz Design Landscape Architects, Inc. 2. Agreement for Contract Services with Hermann Design Group, Inc. 3. Agreement for Contract Services with David Evans and Associates, Inc. 72 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC., a California Corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to On- Call Architectural Landscape Design Services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, ATTACHMENT 1 73 -2- employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, 74 -3- incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Hermann Design Group, Inc., and that certain Agreement for Contract Services by and between the City and David Evans and Associates, Inc. of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by 75 -4- City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Only after City requests Services to be performed by Contracting Party pursuant to the Scope of Services and this Agreement in general, for any month in which Contracting Party seeks to receive payment after being authorized by City to perform such Services, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by the City’s Finance Director, an invoice for such Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.7 of this Agreement. 76 -5- 3.PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on October 1, 2018 and terminate on June 30, 2021 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”). 4.COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: 77 -6- (a)David Volz, President E-mail: dvolz@dvolzdesign.com (b) E-mail: It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer” shall be Bryan McKinney, PE, City Engineer, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 78 -7- 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 79 -8- 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5.INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6.INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7.RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that 80 -9- may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional 81 -10- compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 82 -11- 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8.ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, 83 -12- elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30)days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except amounts held as a retention pursuant to this Agreement. 84 -13- 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9.CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without 85 -14- the express written consent of the Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney, PE, City Engineer 78-495 Calle Tampico La Quinta, California 92253 To Contracting Party: DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. David Volz, President 78060 Calle Estado La Quinta, CA 92253 86 -15- 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 87 -16- 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 88 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation FRANK J. SPEVACEK, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 89 Exhibit A Page 1 of 1 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: Professional Services Services and products associated with these on-call services may include, but may not be limited to: •Attending meetings and preparing presentations and agenda reports for city advisory boards, commissions and the City Council when said meetings relate to projects covered by the contract; •Preparing feasibility studies for new, renovation, and alteration projects; •Preparing inventories of existing landscape conditions in publicly owned right of way; •Developing landscape themes and concept drawings which are consistent with the City’s water conservation goals and objectives; •Coordinating with neighborhood home owner groups and soliciting feedback and input on community related landscape/irrigation improvements; •Providing value engineering and preparing plans, specifications and estimates for assigned landscape and irrigation improvement projects, which may include utilizing the City’s software systems and Bluebeam; •Processing assigned projects for the City entitlement, which may include, but not be limited to approval by the Planning Commission, Building and Safety Department, Facilities Department, Engineering Department and City Council; •Perform construction support services which may include construction oversight and inspection, responding to bidder requests for information, submittal review, warranty review, contractor progress payment review and project close out. Deliverables: •Data presented in GIS, AutoCAD, Excel and/or PDF, including graphs, charts, tables and designs. 90 Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Hermann Design Group, Inc., and that certain Agreement for Contract Services by and between the City and David Evans and Associates, Inc., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. The Contract Sum may be paid to Contracting Party in an amount identified in Contracting Party’s schedule of compensation attached hereto for work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $200,000.00 “Not to exceed” Year 2: $200,000.00 “Not to exceed” Year 3: $200,000.00 Possible Extended Term: “Not to exceed” Year 4: $200,000.00 “Not to exceed” Year 5: $200,000.00 91 Exhibit B Page 2 of 2 Exhibit B Schedule of Compensation HOURLY RATE SCHEDULE: 92 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. 93 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 94 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 95 Exhibit E Page 2 of 6 damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10)working days if: (1) any of the required insurance policies is terminated; (2)the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 96 Exhibit E Page 3 of 6 a.Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b.Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c.Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1.Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2.No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3.All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4.None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 97 Exhibit E Page 4 of 6 5.No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6.All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8.It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9.Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10.Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a 98 Exhibit E Page 5 of 6 deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11.The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13.Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14.Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15.Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16.The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 99 Exhibit E Page 6 of 6 17.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18.These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19.The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20.Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21.Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 100 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a.Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c.Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 101 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d.Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2.Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with 102 Exhibit F Page 3 of 3 provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 103 104 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and HERMANN DESIGN GROUP, INC., a California Corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to On- Call Architectural Landscape Design Services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 2 105 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the 106 -3- time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and David Volz Design Landscape Architects, Inc., and that certain Agreement for Contract Services by and between the City and David Evans and Associates, Inc. of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional 107 -4- compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Only after City requests Services to be performed by Contracting Party pursuant to the Scope of Services and this Agreement in general, for any month in which Contracting Party seeks to receive payment after being authorized by City to perform such Services, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by the City’s Finance Director, an invoice for such Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.7 of this Agreement. 108 -5- 3.PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on October 1, 2018 and terminate on June 30, 2021 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”). 4.COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: 109 -6- (a)Chris Hermann, President E-mail: Chris@hdg-inc.com (b) E-mail: It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer” shall be Bryan McKinney, PE, City Engineer, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 110 -7- 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 111 -8- 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5.INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6.INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel reasonably acceptable to City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7.RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting 112 -9- Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and 113 -10- Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contracting Party shall not disclose to any other entity or 114 -11- person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8.ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, 115 -12- City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30)days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except amounts held as a retention pursuant to this Agreement. 116 -13- 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9.CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without 117 -14- the express written consent of the Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney, PE, City Engineer 78-495 Calle Tampico La Quinta, California 92253 To Contracting Party: HERMANN DESIGN GROUP, INC. Chris Hermann, President 77-899 Wolf Road, Suite 102 Palm Desert, CA 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed 118 -15- for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 119 -16- 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 120 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation FRANK J. SPEVACEK, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 121 Exhibit A Page 1 of 1 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: Professional Services Services and products associated with these on-call services may include, but may not be limited to: •Attending meetings and preparing presentations and agenda reports for city advisory boards, commissions and the City Council when said meetings relate to projects covered by the contract; •Preparing feasibility studies for new, renovation, and alteration projects; •Preparing inventories of existing landscape conditions in publicly owned right of way; •Developing landscape themes and concept drawings which are consistent with the City’s water conservation goals and objectives; •Coordinating with neighborhood home owner groups and soliciting feedback and input on community related landscape/irrigation improvements; •Providing value engineering and preparing plans, specifications and estimates for assigned landscape and irrigation improvement projects, which may include utilizing the City’s software systems and Bluebeam; •Processing assigned projects for the City entitlement, which may include, but not be limited to approval by the Planning Commission, Building and Safety Department, Facilities Department, Engineering Department and City Council; •Perform construction support services which may include construction oversight and inspection, responding to bidder requests for information, submittal review, warranty review, contractor progress payment review and project close out. Deliverables: •Data presented in GIS, AutoCAD, Excel and/or PDF, including graphs, charts, tables and designs. 122 Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and David Volz Design Landscape Architects, Inc., and that certain Agreement for Contract Services by and between the City and David Evans and Associates, Inc., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. The Contract Sum may be paid to Contracting Party in an amount identified in Contracting Party’s schedule of compensation attached hereto for work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $200,000.00 “Not to exceed” Year 2: $200,000.00 “Not to exceed” Year 3: $200,000.00 Possible Extended Term: “Not to exceed” Year 4: $200,000.00 “Not to exceed” Year 5: $200,000.00 123 Exhibit B Page 2 of 2 Exhibit B Schedule of Compensation 124 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. 125 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 126 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 127 Exhibit E Page 2 of 6 damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10)working days if: (1) any of the required insurance policies is terminated; (2)the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 128 Exhibit E Page 3 of 6 a.Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b.Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c.Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1.Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2.No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3.All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4.None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 129 Exhibit E Page 4 of 6 5.No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6.All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8.It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9.Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10.Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a 130 Exhibit E Page 5 of 6 deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11.The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13.Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14.Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15.Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16.The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 131 Exhibit E Page 6 of 6 17.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18.These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19.The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20.Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21.Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 132 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a.Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel reasonably acceptable to City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses incurred, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs incurred , including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c.Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to 133 Exhibit F Page 2 of 3 indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d.Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2.Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the 134 Exhibit F Page 3 of 3 Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 135 136 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and DAVID EVANS AND ASSOCIATES, INC., a California Corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to On- Call Architectural Landscape Design Services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 3 137 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the 138 -3- time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Hermann Design Group, Inc., and that certain Agreement for Contract Services by and between the City and David Volz Design Landscape Architects, Inc. of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional 139 -4- compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Only after City requests Services to be performed by Contracting Party pursuant to the Scope of Services and this Agreement in general, for any month in which Contracting Party seeks to receive payment after being authorized by City to perform such Services, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by the City’s Finance Director, an invoice for such Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.7 of this Agreement. 140 -5- 3.PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on October 1, 2018 and terminate on June 30, 2021 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”). 4.COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: 141 -6- (a)Kim S. Rhodes, Vice President E-mail: ksr@deainc.com (b) E-mail: It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer” shall be Bryan McKinney, PE, City Engineer, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 142 -7- 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 143 -8- 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5.INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6.INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7.RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that 144 -9- may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional 145 -10- compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 146 -11- 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8.ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, 147 -12- elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30)days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except amounts held as a retention pursuant to this Agreement. 148 -13- 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9.CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without 149 -14- the express written consent of the Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney, PE, City Engineer 78-495 Calle Tampico La Quinta, California 92253 To Contracting Party: DAVID EVANS AND ASSOCIATES, INC. Kim S. Rhodes, Vice President 4141 E. Inland Empire Blvd., Ste 250 Ontario, CA 91764 150 -15- 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 151 -16- 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 152 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation FRANK J. SPEVACEK, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 153 Exhibit A Page 1 of 1 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: Professional Services Services and products associated with these on-call services may include, but may not be limited to: •Attending meetings and preparing presentations and agenda reports for city advisory boards, commissions and the City Council when said meetings relate to projects covered by the contract; •Preparing feasibility studies for new, renovation, and alteration projects; •Preparing inventories of existing landscape conditions in publicly owned right of way; •Developing landscape themes and concept drawings which are consistent with the City’s water conservation goals and objectives; •Coordinating with neighborhood home owner groups and soliciting feedback and input on community related landscape/irrigation improvements; •Providing value engineering and preparing plans, specifications and estimates for assigned landscape and irrigation improvement projects, which may include utilizing the City’s software systems and Bluebeam; •Processing assigned projects for the City entitlement, which may include, but not be limited to approval by the Planning Commission, Building and Safety Department, Facilities Department, Engineering Department and City Council; •Perform construction support services which may include construction oversight and inspection, responding to bidder requests for information, submittal review, warranty review, contractor progress payment review and project close out. Deliverables: •Data presented in GIS, AutoCAD, Excel and/or PDF, including graphs, charts, tables and designs. 154 Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Two Hundred Thousand Dollars ($200,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Hermann Design Group, Inc., and that certain Agreement for Contract Services by and between the City and David Volz Design Landscape Architects, Inc., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. The Contract Sum may be paid to Contracting Party in an amount identified in Contracting Party’s schedule of compensation attached hereto for work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $200,000.00 “Not to exceed” Year 2: $200,000.00 “Not to exceed” Year 3: $200,000.00 Possible Extended Term: “Not to exceed” Year 4: $200,000.00 “Not to exceed” Year 5: $200,000.00 155 Exhibit B Page 2 of 2 Exhibit B Schedule of Compensation 156 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete services identified in the Scope of Services, Exhibit A of this Agreement, as requested by City within the time allowed by the total contract sum. 157 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 158 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 159 Exhibit E Page 2 of 6 damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10)working days if: (1) any of the required insurance policies is terminated; (2)the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 160 Exhibit E Page 3 of 6 a.Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b.Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c.Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1.Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2.No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3.All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4.None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 161 Exhibit E Page 4 of 6 5.No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6.All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7.Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8.It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9.Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10.Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a 162 Exhibit E Page 5 of 6 deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11.The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13.Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14.Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15.Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16.The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 163 Exhibit E Page 6 of 6 17.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18.These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19.The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20.Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21.Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 164 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a.Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b.Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c.Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 165 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d.Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2.Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with 166 Exhibit F Page 3 of 3 provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 167 168 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 8 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC. FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT (PROJECT NO. 2011-05) RECOMMENDATION Approve Amendment No. 8 to Professional Services Agreement with Bengal Engineering, Inc., in the amount of $89,875, for the Dune Palms Road Bridge Improvement Project (Project No. 2011-05); and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •The proposed improvements will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (Attachment 1). •Amendment No. 8 to Professional Services Agreement (PSA) with Bengal Engineering, Inc. (Bengal) (Attachment 2), in the amount of $89,875, authorizes Bengal to provide additional engineering services related to the CVWD equilibrium slope and scour determination, environmental permitting, right of way acquisition, and preparation of water, sewer and landscape plans. FISCAL IMPACT The Dune Palms Road Bridge Project has an approved budget of $17,510,000. This project is funded through a combination of Federal Surface Transportation Funds through the state’s Highway Bridge Program. Federal funds will provide up to $15,501,603 of the total project cost. The Coachella Valley Association of Governments (CVAG) will fund up to $1,506,750, and the City will fund the remaining $502,250. Sufficient funds are available for this amendment; the design budget is $1,500,000. Base Contract Amount: $ 1,176,781.00 Amendment No. 1: ($2,233.00) Amendment No. 2: $7,800.00 Amendment No. 3: $31,678.00 Amendment No. 4: $16,100.00 CONSENT CALENDAR ITEM NO. 7 169 Amendment No. 5: $19,900.00 Amendment No. 6: $9,583.00 Amendment No. 7: $ 96,449.00 Amendment No. 8: $89,875.00 Revised Contract Total: $ 1,445,933.00 BACKGROUND/ANALYSIS In June 2014, Council approved a PSA with Bengal to provide professional engineering and environmental services for an all-weather bridge. The project is currently in the right of way acquisition, utility clearance and final design phase. This amendment will allow Bengal to: •provide continued coordination with CVWD to resolve the Equilibrium Slope and Scour Determination; •develop a Streambed Diversion Plan to obtain the required 1602 permit from the California Department of Fish and Wildlife; •prepare one additional Legal and Plat to obtain a right of entry from an additional property owner; •prepare water and sewer relocation plans required by CVWD; •prepare parkway landscape plans for the mobile home park frontage; and •provide additional right of way acquisition services associated with the City’s eminent domain action. ALTERNATIVES Staff does not recommend an alternative. The work contemplated by Amendment No. 8 is required to complete the improvements. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, City Engineer Attachment: 1.Vicinity Map 2.Bengal Engineer PSA Amendment No. 8 170 Dune Palms Bridge PROJECT LOCATION HIGHWAY 111 Vicinity Map AVENUE 48 ATTACHMENT 1 171 172 AMENDMENT NO. 8 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC. This Amendment No. 8 to Professional Services Agreement with Bengal Engineering ("Amendment No. 8") is made and entered into as of the 16th day of October 2018 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Bengal Engineering, Inc., a California corporation (“Consultant”). RECITALS WHEREAS, on or about July 1, 2014, the City and Consultant entered into a Professional Services Agreement to provide those services related to the Dune Palms Road Low Water Crossing Replacement at the Coachella Valley Storm Water Channel, Project No. 2011-05. The term of the Agreement expires on July 31, 2018; and WHEREAS, Amendment 1, executed on or about March 24, 2015, previously amended Scope of Services, and Contract Sum to include additional Utility Pothole, Data Collection, and Noise Modeling work and to remove Section 7 Consultation Work Objective, resulting in a net contract sum decrease in the amount of ($2,233.00); and WHEREAS, Amendment 2, executed on or about December 1, 2015, previously amended Scope of Services and Contract Sum to include additional Cultural and Architectural Survey, resulting in a net contract sum increase in the amount of $7,800.00; and WHEREAS, Amendment 3, executed on or about July 7, 2016, previously amended Scope of Services and Contract Sum to revise the Traffic Technical Memorandum and Noise Study and to prepare and process an Air Quality Report, resulting in a net contract sum increase in the amount of $31,678.00; and WHEREAS, Amendment 4, executed on or about July 13, 2016, previously amended Scope of Services and Contract Sum to include the development of Three Conceptual Grade Control Structure Alternatives, resulting in a net contract sum increase in the amount of $16,100.00; and WHEREAS, Amendment 5 previously amended Scope of Services and Contract Sum to include additional Hydrology and Hydraulic Study to address concerns expressed by the Coachella Valley Water District, resulting in a net contract sum increase in the amount of $19,900.00; and WHEREAS, Amendment 6, executed on or about October 27, 2016, previously amended Scope of Services and Contract Sum to include an Extended Archeological Phase I Work Plan (XP1) as directed by Caltrans Environmental, resulting in a net contract sum increase in the amount of $9,583.00; and ATTACHMENT 2 173 WHEREAS, Amendment 7, executed on or about April 20, 2017, previously amended Scope of Services and Contract Sum to include the Field Work for the Extended Archeological Phase I Work Plan required by Caltrans, resulting in a net contract sum increase in the amount of $96,449.00; and WHEREAS, Amendment 8 will further amend the Scope of Services, Contract Sum, and Agreement Term for additional engineering services related to Coachella Valley Water District Equilibrium Slope and Scour Determination, Environmental Permitting, Right of Way Acquisition, and preparation of Water, Sewer and Landscape Plans; and WHEREAS, the Contract Sum of the Agreement is being amended by $89,875 for the additional services being provided; and WHEREAS, the Initial Term of the Agreement expired on July 31, 2018, and both parties have mutually agreed to extend the Agreement for three additional years, until July 31, 2021 (Extended Term). NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.Section 1.1 – Scope of Services is amended to read as follows: For the services rendered pursuant to this Agreement, Consultant shall provide additional services outlined in Exhibit “A”, dated 9/20/18, attached hereto and made apart hereof. 2.Section 2.1 – Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount up to but shall not exceed One Million Four Hundred Forty-Five Thousand Nine Hundred and Thirty Three Dollars ($1,445,933) (the “Contract Sum”) for the life of the Agreement encompassing initial terms and Amendments 1 through 8, except as provided in Section 1.6. Exhibit B – Deliverables and Budget is amended as attached in “Exhibit B”, attached hereto and made apart herof. 174 3.Section 3.4 – Term is amended to read as follows: Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement, the term of this agreement shall commence on July 1, 2014 and terminate on July 31, 2018 (“Initial Term”). This Agreement may be extended upon mutual agreement by both parties (“Extended Term”). The Extended Term shall commence on August 1, 2018 and terminate on July 31, 2021. Exhibit C – Schedule of Performance, is amended as attached in “Exhibit C”, attached hereto and made apart herof. In all other respects, the Original Agreement shall remain in effect. 175 176 Bengal Engineering, Inc. (805) 563‐0788 Page 1 250 Big Sur Dr. Goleta, CA 93117 September 20, 2018 Bryan McKinney P.E., City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8: CVWD Scour, Utilities, Landscaping, Right‐of‐Way 1.Continued Coordination with CVWD: Equilibrium Slope and Scour Determination 2.Development of a Streambed Diversion Plan for CDFW 1602 Permit 3.Additional Legal and Plat for the Right of Way Acquisition 4.Preparation of Sewer Relocation Plan 5.Preparation of Water Relocation Plan 6.Preparation of Parkway Landscaping Plans 7.Additional Effort for Right‐of‐Way Acquisition Dear Mr. McKinney, This letter proposes a contract revision, “Additional Work Request #8” for your consideration. Attached please find: A.Additional Scope of Services, “Exhibit A”, which details the additional scope of work requested by the City of La Quinta / CVWD B.Additional Work Request #8 Cost Proposal 177 Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8 Bengal Engineering, Inc. Page 2 Background The items listed in this Additional Work Request (AWR) are a result of the evolution of the project over a period of about 4 years. Some highlights of the background regarding this extra work include: 1.CVWD Channel Scour. The protracted debate regarding Equilibrium Slope and Scour Determination appear to be reaching a consensus. This AWR requests budget to accommodate the effort we anticipate will be necessary to reach an agreement to define the bottom elevation of the scour protection to complete the construction plans. 2.CDFW 1602 Permit: Now that the environmental documents are complete and the configuration of the proposed bridge defined, The Streambed Diversion Plan can be prepared. This effort was not included in the original contract. 3.Additional Legal and Plat: During the development of the project, the need for one additional legal and plat, above the effort which was included in the original contract, has become apparent. 4.Sewer Relocation (and) 5.Water Relocation Plans Budget for these items provides for the utility relocation engineering which was not included in the original contract . 6.Landscaping Plans: Such work was not requested in the original contract. This effort provides for the landscaping which has subsequently been requested by the City. 7.Additional Effort for Right‐of‐Way Acquisition including: additional title reports, fee appraisals, and review appraisals, acquisitions, escrow coordination and relocation plans The scope and fee for this work are shown in the attached “Exhibit A”. Proposed cost for this Additional Work Request is: $89,875 We look forward to hearing from you, Scott Onishuk, PE 178 Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8 Bengal Engineering, Inc. Page 3 Additional Work Request #8 The following is the scope of work for the additional design and right of way acquisition services, outside of the approved current scope of work. The following task numbering reflects the numbers, where applicable, from the original Scope of Work in the City’s agreement with Bengal Engineering. Phase 1, Task 7A: Equilibrium Slope and Scour Determination Consultant will update the equilibrium slope and potential scour impact as needed for the resolution of the issue on future impacts based on a post low‐water crossing removal at Dune Palms Road. This task shall also include continued coordination with CVWD and their consultant on obtaining resolution on the final jointly accepted equilibrium slope associated with the Dune Palms Bridge project. Phase 2, Task 2A: 1602 Permit Water Diversion Plan Consultant will prepare an exhibit as well as a plan sheet noting the requirements of the contractor to divert storm water through the site during construction operations. The exhibit will be used in obtaining a 1602 Permit from the California Department of Fish and Wildlife (CDFW) agency. The final CDFW approved diversion plan will be updated and placed into the construction plan set along with any other required construction mitigation measures, such as fencing along the TCE limit for the vacant commercial parcel, etc. Phase 2, Task 3: Legal Descriptions and Exhibits Consultant shall prepare one (1) additional Legal Description and Exhibit for the temporary construction easement associated with the existing commercial development in the southwest corner of the bridge. The original scope of work had up to five (5) legal descriptions and exhibits. Consultant shall also prepare the City provided Grant Easement documentation for the City’s use during the acquisition process. Phase 2, Task 4A: Sewer Relocation Plan Consultant will prepare a Sewer Relocation Plan based on the preliminary concept approved by CVWD. The relocation plan shall consist of plan and profile views and be prepared in accordance to CVWD standards and requirements. The relocation plan will also consist of necessary details to construct the relocated facility. Consultant will prepare plans at 40 scale (1” = 40’) or as otherwise required by CVWD. Exhibit A Scope of Services 179 Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8 Bengal Engineering, Inc. Page 4 Consultant will prepare the relocation plan in conformance with the approved preliminary concept plan and submit to both the City and CVWD for review at 95% and 100% plan submittals. Mylar plan sheets will be submitted to CVWD after the approval of the 100% plan submittal package. Along with the relocation plan, Consultant will prepare estimates of probable construction costs and special provisions, submitted to the City and CVWD at the 95% and 100% plan submittals. Phase 2, Task 4B: Water Main Relocation Plan Consultant will prepare a Water Main Relocation Plan based on the initial direction from CVWD to lower the existing water main within the channel and relocated at the northern end to eliminate the conflict with the abutment. The relocation plan shall consist of plan and profile views and be prepared in accordance to CVWD standards and requirements. The relocation plan will also consist of necessary details to construct the relocated facility. Consultant will prepare plans at 40 scale (1” = 40’) or as otherwise required by CVWD. Consultant will prepare the relocation plan in conformance with the approved preliminary concept plan and submit to both the City and CVWD for review at 95% and 100% completion. Mylar plan sheets will be submitted to CVWD after the approval of the 100% plan submittal package. Along with the relocation plan, Consultant will prepare estimates of probable construction costs and special provisions, submitted to the City and CVWD at the 95% and 100% plan submittals. Phase 2, Task 4C: Parkway Landscaping Plan Consultant will provide the following scope of work as it relates to the preparation of parkway landscaping plans associated with the Dune Palms Road Bridge project. Note, parkway landscaping plans will be provided for the restoration along the existing commercial frontage and new landscaping along the frontage of the mobile home park in the area between the perimeter wall and proposed sidewalk. Project Management and Meetings Consultant will manage and coordinate on the development of the landscape plans with street improvement plans. Consultant anticipates attendance up to four (4) meetings with staff and the project team during the project. • Staff Review of Conceptual Plan • Staff Review of Final Preliminary Plan • Staff Review of Working Drawings •City Council 180 Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8 Bengal Engineering, Inc. Page 5 Preliminary Design Services Survey/Site Review – Consultant will review the existing site conditions. Base Sheets – Consultant will develop base sheets from the street improvement plans at an appropriate scale on City title block. Conceptual Planting Plan – Consultant will prepare a conceptual landscape plan for review by staff. Upon review and refinement of the concept, we will prepare a planting plan for the project site with a legend that calls out plant material by Latin and common names. After meeting and review of comments by the City, we will prepare a final color rendered preliminary plan for presentation. Opinion of Probable Construction Cost ‐ Consultant will prepare an opinion of probable construction cost of the preliminary plan for use by the City. Final Design Services Upon approval of the preliminary design, Consultant will prepare the following: Construction Plan and Details – This plan will layout concrete, boulders and cobble locations with call‐outs for finishes and details. Planting Plan and Details ‐ This plan will illustrate the location of all plant material. A plant legend will describe the Latin and common names, sizes and remarks for each plant shown on the plan. Details will be provided as required. Irrigation Plan and Details – This plan will illustrate the location of all irrigation components. Details will be provided as required. Irrigation water budget calculations are included. CVWD submittal and approval are included as are plan check comments relative to gaining approval. Construction Specifications and Bid Documents – Detailed project description, preparation of bid schedules, bid item descriptions, and technical specifications will be provided. Agency Approval Consultant will submit to the City all plans, specifications, estimates, and/or other necessary documents required to obtain approval. The following plan check submittals are included: • 1st Review – Concept Review •2nd Review – 85%‐90% Check Plans and Specifications •3rd Review – 100% Check Plans, Specifications • 4th Review – Preliminary Final (screen check) Consultant will make revisions as required by the City and resubmit plans for approval. Final plans will be submitted to CVWD and Riverside County Agricultural Commission for approval. 181 Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8 Bengal Engineering, Inc. Page 6 Deliverables: All approved plans will be provided to the City on CD‐ROM in the requested AutoCAD version, as well as on “D” size Mylar (the cost of Mylar production will be considered a reimbursable cost). Specification documents, including technical specifications, will be provided in Microsoft Word for Windows format. The Opinion of Probable Construction Cost will be provided in “Excel” format. Bidding Phase Pre‐Bid Meeting – Consultant will attend, as requested by City Staff, the pre‐bid conference and answer questions. Bid Solicitation – Consultant will provide bid assistance to include answering questions from prospective bidders. Construction Services Construction Observation Services – Consultant will provide construction observation services upon request by the City. The following Construction Services are recommended: • Review rock and boulder layout • Review of plant material locations prior to installation • Review of irrigation mainline test • Review of emitter placement •Review final Installation and irrigation coverage •Final punch list Consultant will respond to Requests for Information and provide clarification on plans as required. 182 Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8 Bengal Engineering, Inc. Page 7 Phase 2, Task 11: Final Right‐of‐Way Services Acquisition of the right‐of‐way for the project has been an involved process which has become increasingly complicated. In addition to the original scope, the following services and the scope is required by the current project understanding: 2 additional and 2 updated title reports 1 additional part take appraisal 1 additional part take review appraisal 2 additional acquisitions (1 mobile home and 1 partial take) 2 additional escrow coordinations 1 additional displacee for plan to consider 1 additional residential relocation Increased project management which includes management and oversight of additional appraisals, additional acquisition and relocations, project certification and attendance of approximately 14 additional monthly PDT meetings. Additionally, based on experience, additional management time will be necessary to assist in property management, and assisting client in numerous miscellaneous necessary items. ‐‐‐‐End of Scope‐‐‐ 183 Exhibit B Budget With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under Amendment 8 to this Agreement is Eighty-Nine Thousand, Eight Hundred Seventy-Five Dollars ($89,875.00) (“Contract Sum”). The Contract Sum shall be paid to Consultant in conformance with Section 2.4 of the Agreement. The following represents the revised contract total of One Million, Four Hundred Forty-Five Thousand, Nine Hundred Thirty-Three Dollars ($1,445,933.00) after the consideration of Amendments 1 through 8. Base Contract Amount: $ 1,176,781.00 Amendment No. 1: ($2,233.00) Amendment No. 2: $7,800.00 Amendment No. 3: $31,678.00 Amendment No. 4: $16,100.00 Amendment No. 5: $19,900.00 Amendment No. 6: $9,583.00 Amendment No. 7: $ 96,449.00 Amendment No. 8: $89,875.00 Revised Contract Total: $ 1,445,933.00 184 Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8 Bengal Engineering, Inc. Exhibit B Cost Proposal Additional Work Request #8 The following is the proposed fee for the above noted scope of work for AWR #8 for the Dune Palms Road Bridge project. (in table below, left column P = ”Phase”, T = ”Task” of existing contract) Task Fee P1, T7A: Equilibrium Slope and Scour Determination $15,500 P2, T2: 1602 Permit Water Diversion Plan $ 3,100 P2, T3: Legal Descriptions and Exhibits $ 1,500 P2, T4A: Sewer Relocation Plan $ 8,300 P2, T4B: Water Main Relocation Plan $10,000 P2, T4C: Parkway Landscaping Plan $15,500 Parkway Landscaping (above) is broken‐down as follows: Project Management & Meetings $1,600 Preliminary Design $3,900 Final Design $6,100 Agency Approval $1,400 Bidding Assistance (T&M) $ 500 Construction Services (T&M) $2,000 185 Dune Palms Dune Palms Low Water Crossing Replacement Project Federal Project No. BLRKS – 5433 (014) Proposal for Additional Work Request #8 Bengal Engineering, Inc. Task Fee P2, T11: Final Right of Way Services $34,475.00 Final Right of Way Services (above) is broken‐down as follows: 2 additional and 2 updated title reports $ 3,000 1 additional part take appraisal $ 4,500 1 additional part take review appraisal $ 1,950 2 additional acquisitions (1 mobile home $ 7,500 and 1 partial take) 2 additional escrow coordinations $ 1,500 1 additional displacee for plan to consider $ 275 1 additional residential relocation $ 3,750 Project management $12,000 estimate 80 hours @ $ 150/hr Subtotal Total for “Tasks” in this AWR Request $ 88,375 Subtotal Reimbursable Expenses (copies, plan printing) $ 1,500 Total Task + Reimbursable Expenses $ 89,875 186 ID Task NameDuration StartFinish1Dune Palms Bridge Schedule2Project Initiation7 daysWed 7/2/14Thu 7/10/145Environmental Approval for Funding Milestone0 daysTue 2/13/18Tue 2/13/186 Phase 1 ‐ Prel Engineering & PA/ED1059 daysWed 7/2/14Mon 7/23/18199 Phase 2A ‐ Plans, Specs, & Estimates (PS&E)406 daysTue 12/12/17Tue 7/2/19200Authorization to Preceed with Final Design0 daysTue 12/12/17Tue 12/12/17201 Project Management370 daysFri 1/19/18Thu 6/20/19202 Request for Authorization ‐ Right of Way (E‐76)29 daysFri 1/19/18Wed 2/28/18203 Request for Authorization ‐ Utilities (E‐76)29 daysFri 1/19/18Wed 2/28/18204 Roadway and Bridge Plans Bid Documents406 daysTue 12/12/17Tue 7/2/19205 65% Roadway and Bridge Plans256 daysTue 12/12/17Tue 12/4/18212 95% Roadway and Bridge Plans80 daysWed 11/14/18Tue 3/5/19221 Final Bid Package and RE File50 daysWed 3/6/19Tue 5/14/19234 CVWD Encroachment Permit35 daysWed 5/15/19Tue 7/2/19235 Phase 2B ‐ Right of Way Acquisition396 daysMon 2/26/18Mon 9/2/19236 Environmental Permitting275 daysMon 2/26/18Fri 3/15/19240 Legal & Exhibits75 daysTue 6/12/18Mon 9/24/18241Acquisition Process240 daysTue 8/21/18Mon 7/22/19275 R/W Certification30 daysTue 7/23/19Mon 9/2/19276Utility Relocation Coordination282 daysFri 3/9/18Mon 4/8/19294 Construction Authorization (E‐76) Caltrans Funding Appvl90 daysTue 9/3/19Mon 1/6/20295 Construction Funding Milestone0 daysMon 9/2/19Mon 9/2/19296 Phase 3 ‐ Construction 405 daysTue 1/7/20Mon 7/26/21297 Contract Bidding and Award Assistance45 daysTue 1/7/20Mon 3/9/20298Construction 18 monsTue 3/10/20Mon 7/26/21100%Initiation2/1399% Phase 1 - Prel Engineering & PA/ED35% Phase 2A - Plans, Specs, & Estimates (PS&E)12/12 Project Management Request for Authorization - Right of Way (E-76) Request for Authorization - Utilities (E-76)31% Roadway and Bridge Plans Bid Documents53% 65% Roadway and Bridge Plans0% 95% Roadway and Bridge Plans0% Final Bid Package and RE File CVWD Encroachment Permit15% Phase 2B - Right of Way Acquisition40% Environmental Permitting Legal & Exhibits0%Acquisition Process R/W Certification11%Utility Relocation Coordination Construction Authorization (E-76) Caltrans Funding Appvl9/20 Phase 3 - Construction Contract Bidding and Award AssistanceConstruction JulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAu2015201620172018201920202021Dune Palms Bridge ProjectFederal Proj. No. BLRKS-5433(014)City Proj. No. 2011-05Print Date: Tue 10/2/18 Page 1Exhibit CSchedule of Performance187 188 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO DECLARE A SHELTER CRISIS PURSUANT TO SENATE BILL 850 TO QUALIFY FOR FUNDING UNDER THE STATE OF CALIFORNIA HOMELESS EMERGENCY AID PROGRAM RECOMMENDATION Adopt a resolution declaring a shelter crisis pursuant to Senate Bill 850 to qualify for funding under the State of California Homeless Emergency Aid Program. EXECUTIVE SUMMARY •On August 28, 2018, the Riverside County Board of Supervisors passed a resolution declaring a shelter crisis in the unincorporated areas of the County which will allow the County to receive funds from the State of California’s Homeless Emergency Aid Program (HEAP). •Authorized by Senate Bill (SB) 850, HEAP is a $500 million block grant program designed to provide direct assistance to cities, counties, and the Continuum of Care that services them, to address the homeless crisis throughout California. •The County of Riverside Continuum of Care (CoC) is expected to receive a total allocation of $9,791,805, based on a formula that considers the homeless point in time count data collected annually. •In order to receive HEAP funding from the CoC, the Council must adopt a resolution declaring a shelter crisis. FISCAL IMPACT – None. BACKGROUND/ANALYSIS HEAP funds are intended to support immediate emergency assistance to people experiencing homelessness. Eligible uses include, but are not limited to the following: -Homeless prevention activities -Criminal justice diversion programs for homeless individuals with mental health needs CONSENT CALENDAR ITEM NO. 8 189 -Establishing or expanding services meeting the needs of homeless youth or youth at-risk. As the designated “Administrative Entity” and eligible applicant for HEAP funding, the County of Riverside Department of Public Social Services (DPSS) will apply on behalf of the County’s CoC and anticipates receiving $9,791,805. Only cities and counties that declare a shelter crisis may apply for HEAP funding, using the 2017 homeless count data. The January 2017 homeless count conducted in La Quinta concluded that 2 homeless persons resided in the City (4 were counted in 2018). While this does not qualify the City to receive HEAP funding, the County requested that cities that are not eligible to adopt the attached resolution to support the County’s effort to support the 526 homeless individuals documented in the Coachella Valley in 2017. ALTERNATIVES The Council may elect to not support the County’s effort to secure this funding. Prepared by: Angela Ferreira, Management Specialist Approved by: Frank J. Spevacek, City Manager 190 RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING A SHELTER CRISIS PURSUANT TO SENATE BILL 850 (CHAPTER 48, STATUTES OF 2018 AND GOVERNMENT CODE § 8698.2) WHEREAS, California’s Governor Edmund G. Brown, Jr. and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, The Governor and Legislature have provided funding to local governments under the Homeless Emergency Aid Program as part of SB 850 and the 2018-19 Budget Act (Chapter 48, Statutes of 2018); and WHEREAS, The Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuant to Government Code §8698.2; and WHEREAS, The City of La Quinta has undertaken multiple efforts at the local and regional level to combat homelessness; and WHEREAS The City of La Quinta is additionally a part of regional efforts to combat homelessness through the Coachella Valley Association of Governments which include the cities of Blythe, Coachella, Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, the County of Riverside, and two tribal nations, Agua Caliente Band of Cahuilla Indians and Cabazon Band of Mission Indians; and WHEREAS, The City of La Quinta finds that 526 persons within the Coachella Valley region are homeless and living without shelter in the 2017 Point in Time Count; and WHEREAS, The City of La Quinta finds that 2 persons within the City of La Quinta are homeless and living without shelter; and WHEREAS, The City of La Quinta finds that the number of homeless in the region is significant, and these persons are without the ability to obtain shelter; and 191 Resolution No. 2018- Homeless Emergency Aid Program Adopted: October 16, 2018 Page 2 of 3 WHEREAS, The City of La Quinta affirms the City’s commitment to combatting homelessness and creating or augmenting a continuum of shelter and service options for those living without shelter in our communities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. A shelter crisis pursuant to Government Code §8698.2 exists in La Quinta, California, and authorizes the City of La Quinta’s participation in the Homeless Emergency Aid Program. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of October, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (CITY SEAL) 192 Resolution No. 2018- Homeless Emergency Aid Program Adopted: October 16, 2018 Page 3 of 3 APPROVED AS TO FORM: ____________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 193 194 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: CONSIDER A JOINT POWERS AGREEMENT WITH EASTERN COACHELLA VALLEY AUTHORITY FOR REGIONAL ECONOMIC DEVELOPMENT RECOMMENDATION Consider a Joint Powers Agreement with Eastern Coachella Valley Authority for regional economic development. EXECUTIVE SUMMARY •In 2014, the City was invited by the City of Indio and County of Riverside to explore an eastern Coachella Valley economic development partnership. •In January 2015, representatives from the Cities of Coachella, Indio, La Quinta, and County of Riverside discussed a formal partnership to conduct regional economic development activities. •On June 2, 2015, Council approved the Memorandum of Understanding (MOU) to join the East Valley Coalition (EVC) for a two-year term at a cost of $10,000 per year. •The Joint Powers Agreement (JPA) would establish Eastern Coachella Valley Authority comprised of the Cities of Coachella, Indio, La Quinta, and County of Riverside (Members) to implement economic development programs for the Members (Attachment 1). FISCAL IMPACT The anticipated cost is projected to be $15,000 annually. BACKGROUND/ANALYSIS In February 2014, the City of Indio and County of Riverside invited the City to explore an eastern Coachella Valley economic development partnership that stemmed from the dissolution of the California Enterprise Zone Program. Throughout the year, representatives of the involved agencies continued to meet and discuss regional collaboration of economic development. These discussions included the Coachella Valley Economic Partnership (CVEP). BUSINESS SESSION ITEM NO. 1 195 The County subsequently presented a proposal to pursue regional economic development through a formal partnership involving the eastern Coachella Valley cities (January 2015). The County proposed that the cities of Coachella, Indio, La Quinta join the County, through a memorandum of understanding, and form the East Valley Coalition (EVC). The County would provide staffing resources (Economic Development Regional Manager) and develop a website. In June 2015, Council approved the MOU and authorized initial funding of $10,000. Provisions within the MOU included a program evaluation and a report to each community’s legislative body describing accomplishments and funding recommendations for the second year. In June 2016, the Council approved second year funding of $10,000. The JPA would establish a separate legal entity to implement economic development programs for the public agencies that formed the JPA (Members). Members would work together and provide resources to stimulate private investment and industrial growth in economically depressed areas within the Members’ boundaries. Members would share powers relating to the management, coordination, marketing, and administration of economic development programs and projects. The JPA would establish a “Partner” agreement for non-agency or private entities that desire to be part of the JPA in an advisory capacity. Partners would not have voting rights. The City of Indio unanimously approved the JPA at their April 4, 2018 meeting. The County of Riverside and City of Coachella will consider the JPA at future dates. ALTERNATIVE Council may elect to revise or deny the JPA. Prepared by: Gil Villalpando, Assistant to the City Manager Approved by: Frank J. Spevacek, City Manager Attachment: 1. Proposed JPA Agreement 196 12183.0001/2171285.1 1 JOINT EXERCISE OF POWERS AGREEMENT CREATING THE EASTERN COACHELLA VALLEY AUTHORITY This Joint Exercise of Powers Agreement (“Agreement”) is made and entered into this ____ day of _______, 2018 by and between the County of Riverside, the Cities of Coachella, Indio and La Quinta , the Imperial Irrigation District, a state agency, and the Cabazon Band of Mission Indians. The entities above are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties. RECITALS A.The County of Riverside (“County”), and the cities of Coachella (“Coachella), Indio (“Indio”) and La Quinta (“La Quinta”) are public agencies authorized and empowered to contract for the joint exercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California, B.The Cabazon Band of Mission Indians, a federally recognized Indian tribe (“Cabazon Tribe”) is empowered and authorized to contract on their own behalf and as well as to contract for the joint exercise of powers under Articles 1 through 4, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California, C.The Parties have determined that there exists a need to stimulate private investment in business and industrial growth within the boundaries of the Parties. D.The Parties share various powers relating to the management, coordination, marketing and administration of economic development programs and projects and desire to jointly exercise such power within the eastern Coachella Valley. E.The Parties desire to establish a separate public agency in order to manage, coordinate, market and administer economic development programs and projects. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1 DEFINITIONS 1.1 Definitions. In addition to the other terms defined herein, the following terms, whether in the singular or in the plural, when used herein and capitalized shall have the meanings specified below unless the context clearly requires otherwise: 1.1.1 "Agreement" means this joint exercise of powers agreement, as originally entered into or as amended from time to time in accordance with Section 14.6 hereof. 1.1.2 “Authority" means the Eastern Coachella Valley Authority duly organized and validly existing pursuant to the laws of the State of California. ATTACHMENT 1 197 12183.0001/2171285.1 2 1.1.3 "Executive Committee" means the Eastern Coachella Valley Authority Executive Committee referred to in Section 4.1 hereof, which shall be the governing body of the Authority. 1.1.4 "Fiscal Year" means the fiscal year of the Authority as established from time to time by the Executive Committee by resolution, being at the date of this Agreement the period from July 1 in any calendar year to and including June 30 in the succeeding calendar year. 1.1.5 "Joint Powers Law" means the Joint Exercise of Powers Act, Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code, as amended from time to time. 1.1.6 "Liability Share" means, with respect to any Member, the amount of a judgment for damages divided by the number of Members at the time the act or omission occurred, unless any portion of the judgment arises from an act or omission directly related to the studying, planning, financing, developing, acquiring, purchasing, construction, reconstructing, implementing, improving, enlarging, enhancing, operating, maintaining, selling, disposing of, or decommissioning of any project undertaken by the Authority under this Agreement, in which case, with respect to such portion, the term "Liability Share" shall mean, with respect to any Member, the amount of such portion multiplied by a fraction equal to (1) such Member's entitlement or right, if any, to participate in such project at the time the act or omission occurred, divided by (2) the aggregate amount of all Member's entitlements or rights to participate in such project at the time the act or omission occurred. 1.1.7 "Members" means, collectively, all of the parties to this Agreement, which parties shall initially consist of the County, District, Coachella, Indio, La Quinta, Palm Desert and Cabazon Tribe, and which shall include all additional parties hereto that become Members pursuant to the provisions of Section 8.1 hereof; provided, however, that the term "Member" shall not include any entity which shall have withdrawn or been excluded from the Authority pursuant to Section 11.2 hereof. 1.1.8 “Partners” means a non-Member agency or private entity that desires to be part of the Authority in an advisory capacity as further described in this Agreement provided that the Partner has been accepted into the Authority by the unanimous vote of the Executive Committee and payment to the Authority of all fees, contributions and/or expenses set by the Executive Committee for Partner membership. 1.1.9 "Public Agency" has the meaning given to the term "public agency" in Article 1 of the Joint Powers Law. 1.1.10 “Territorial Boundaries” means the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside, the lands situated within the jurisdictional boundaries of the cities of Coachella, Indio, La Quinta and Palm Desert. ARTICLE 2 PURPOSE AND CREATION 2.1 Effective Date. This Agreement shall become effective on the date this Agreement is approved by the last legislative body of a Member and such date shall be inserted in the first paragraph of this Agreement. (“Effective Date”). 198 12183.0001/2171285.1 3 2.2 Purpose. This Agreement is made pursuant to the Joint Powers Law providing for the joint exercise of powers common to the Members for the purpose of managing, coordinating, marketing, and administering economic development programs and projects in Coachella Valley within the Territorial Boundaries. Other purposes of this Agreement include implementing joint marketing programs, development of a comprehensive economic plan and implementation strategy, act as a clearinghouse for small business assistance to aid start-up and business expansion efforts within the Territorial Boundaries, serve as a one-stop assistance center for various development needs, services, job creation efforts and other economic development incentives, seek private sector, federal, state and local funds to further the purposes of the Authority, coordinate with the private sector for input into financial programs, development programs and other Authority projects, conduct any transactions or functions authorized by the Joint Powers Law and other laws, and perform such other functions as may be deemed necessary and appropriate to meet the purposes and objectives of the Authority. 2.3 Creation of Authority. There is formed as of the Effective Date a public agency named the “Eastern Coachella Valley Authority” (“Authority”). Pursuant to the Act, the Authority is a public entity separate and apart from the Parties. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Party. ARTICLE 3 POWERS OF AUTHORITY 3.1 Powers. The Authority shall have all the powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all act necessary and property to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following: 3.1.1 To make and enter into contracts, leases and other agreements, including purchasing of insurance, office supplies and equipment. 3.1.2 To employ agents, employees, consultants, advisors, independent contractors and other staff subject to compliance with California Government Code Section 6522. 3.1.3 To sue and be sued in its own name. 3.1.4 To incur debts, liabilities or obligations, which do not constitute a debt, liability or obligation of any Member. 3.1.5 To receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the Authority consents to such gifts, contributions and donations; 3.1.6 To fix the compensation, if any, paid to its officers, employees and contractors, in compliance with all applicable laws; 3.1.7 To prescribe the duties, compensation and other terms and conditions of employment of other agents, officers and employees; 199 12183.0001/2171285.1 4 3.1.8 To adopt reasonable rules and regulations for the conduct of the day-to- day operations of the Authority; 3.1.9 To apply for, accept, receive and disburse grants and other aid from any agency of the United States of America or of the State of California; 3.1.10 To invest any money in the treasury that is not required for the immediate necessities of the Authority pursuant to Government Code section 6509.5. 3.1.11 To receive and use contributions and advances as provided in Section 6504 of the Joint Powers Act, including contributions or advances of personnel, equipment or property. 3.1.12 To carry out and enforce all provisions of this Agreement; and 3.1.13 To exercise any and all powers that are provided for in the Act and in Section 6588 of the Government Code, as they exist on the Effective Date of this Agreement or may hereafter be amended, except that the Authority shall not have the power to authorize or issue bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584)); acquire or dispose of real property except for a lease to provide office space for the Authority; nor exercise any land use authority. 3.2 Limitation on Powers. As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the County of Riverside and any other restrictions on exercising the powers of the Authority that may be adopted by the Executive Committee. ARTICLE 4 GOVERNANCE AND INTERNAL ORGANIZATION 4.1 Executive Committee. The governing body of the Authority shall be an Executive Committee and shall be known as the “Executive Committee of the Eastern Coachella Valley Authority.” Except as otherwise provided for in this Agreement, the powers of the Authority shall be vested in and exercised by the Executive Committee, which shall have all powers without limitation to conduct all business and activities of the Authority. 4.2. Appointment. Each Member shall designate and appoint by resolution or minute order of its governing body the following: (a) one person to serve as its representative on the Executive Committee (“EC Representative”); and (b) one person to serve as an alternate that is authorized to attend, participate in and vote at any meeting of the Authority Executive Committee, when its regular representative is absent (“Alternate”). The EC Representative and Alternate of a Member that is a municipality shall be shall be a current member of that Member’s legislative body. The EC Representative and Alternate of a Member that is an entity that is not a municipality may be an employee of the appointing Member. The EC Representative and Alternate shall serve at the pleasure of the Member that appointed him or her and may be removed at any time by the legislative body of the appointing Member. 4.3. Membership. Each EC Representative and Alternate shall serve for a term of two (2) years. 200 12183.0001/2171285.1 5 4.4 Powers of the Executive Committee. All the power and authority of the Authority shall be exercised by the Executive Committee. The Executive Committee shall conduct or authorize to be conducted all business and activities of the Authority consistent with this Agreement, Authority documents (i.e. resolutions, duly adopted motions, etc.) and applicable law. 4.5 Provision for Bylaws. The Executive Committee may cause to be developed and may adopt, from time to time, such bylaws for the Authority to govern its operations. Each Member shall receive a copy of any bylaws developed and adopted under this Section. 4.6 Compensation and Expenses. EC Representatives and Alternates shall not receive any compensation from the Authority for their service on the Executive Committee. However, the Executive Committee may, by resolution, adopt a policy for the reimbursement actual and necessary expenses incurred in the performance of official duties for the Authority. 4.7 Advisory Boards and Committees. The Executive Committee may establish any advisory commissions, board and committees as the Executive Committee deems appropriate to assist it in carrying out its functions and implementing the purpose of the Authority and the provisions of this Agreement. 4.8 Management Committee. The Executive Committee may appoint, if deemed necessary by a majority vote of the Executive Committee, a Management Committee consisting of a staff member employed by each Member as designated by the respective EC Representative, for purposes of advising the General Manager and/or the Executive Committee on any issues related to the implementation of the purposes of the Authority (hereinafter referred to “Manager”). In addition, an alternate representative to the Manager may also be appointed and such alternate shall attend any meetings when the Manager is not available. The person(s) so appointed shall possess technical expertise in the area of economic development. 4.9 Eastern Coachella Valley Authority Board of Directors. The Executive Board may appoint an advisory board named the “Eastern Coachella Valley Authority Board of Directors” consisting of any number of Partners to advise the Executive Committee on matters regarding the managing, coordinating, marketing, and administering economic development programs and projects in Coachella Valley within the Territorial Boundaries of the Authority. At least two members of the Executive Committee shall be a member of the Eastern Coachella Valley Authority Board of Directors. In order to provide guidance on the governance and operation of the Eastern Coachella Valley Authority Board of Directors, the Executive Committee may cause to be developed and may adopt by resolution, from time to time, bylaws or other regulations for such purposes. Each member of the Board of Directors shall receive a copy of any bylaws or regulations developed and adopted under this Section. Notwithstanding, meetings of the Eastern Coachella Valley Authority Board of Directors shall be conducted in accordance with Section 54950 et. seq. of the Government Code and any and all laws governing public meetings. ARTICLE 5 MEETINGS OF THE EXECUTIVE COMMITTEE 5.1 Meetings. The Executive Committee shall hold regular meetings, but shall not meet less frequently than one (1) time per calendar year. The Executive Committee may hold special meetings as needed to carry out the purposes and objectives of the Authority. The date, hour and place of the regular meetings shall be fixed by the Bylaws or resolution of the Executive Committee and filed with the governing body of each of the Members. 201 12183.0001/2171285.1 6 5.2 Ralph M. Brown Act. All meetings of the Executive Committee, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, commencing with section 54950 et. seq. of the California Government Code, as may be amended from time to time. 5.3 Quorum. A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. 5.4 Voting. Each member of the Executive Committee shall have one vote. Except as otherwise provided by law or by this Agreement, all actions of the Executive Committee shall be approved by the affirmative vote of a majority of the EC Representatives present. 5.5 Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned regular, and special meetings to be kept and, as soon as possible after each meeting, shall cause a copy of the minutes to be forwarded to each EC Representative and to each Member. 5.6 Rules. The Executive Committee may adopt from time to time policies, procedures, rules or regulations, for the conduct of its affairs as it deems necessary. ARTICLE 6 OFFICERS 6.1 Chair. The Executive Committee shall one of its representatives as Chair of the Executive Committee. The Chair shall preside at all meetings and shall perform such other duties as are specified by the Executive Committee. The term of office for the Chair shall be one year. 6.2 Vice Chair. The Executive Committee shall elect one of its members as Vice Chair. The term of office for the Vice-Chair shall be one year. The Vice-Chair shall perform all the duties of the Chair in the absence of the Chair or in the event the Chair is unable to perform his or her duties and shall perform such other duties as are specified by the Executive Committee. The position of Vice Chair shall automatically rotate into the position of Chair after the completion of Chair’s term and a new Vice Chair shall be appointed by the Executive Committee. The Executive Committee shall appoint a Vice Chair who was not been previously appointed, unless all current EC Representatives have either served or have been offered an appointment and declined to serve. If a Member replaces a Representative who serves as Chair or Vice Chair, the new Representative shall automatically accede to the post of his or her predecessor. 6.3. Secretary. The Executive Committee shall select a Secretary who shall serve at the pleasure of the Executive Committee. The Secretary need not be a member of the Executive Committee. The Secretary shall be responsible for keeping the minutes and other records of the proceedings of the Executive Committee including maintaining all other official records of the Authority and shall perform such other duties as the Executive Committee specifies. 6.4 Treasurer. The Executive Committee shall appoint a qualified person to act as the Treasurer, who need not be a member of the Executive Committee. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified 202 12183.0001/2171285.1 7 public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer shall report directly to the Executive Committee and shall comply with the requirements of treasurers of incorporated municipalities. The Executive Committee may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. 6.5 Auditor. The Executive Committee shall appoint a qualified person to act as the Auditor, who shall not be a member of the Executive Committee. The Executive Committee may require the Auditor to file with the Authority an official bond in an amount to be fixed by the Executive Committee, and if so requested the Authority shall pay the cost of premiums associated with the bond. A report of the financial audit shall be filed as a public record with each Party. The Authority shall pay the cost of the financial audit in the same manner as other administrative costs. 6.6 Other Officers and Employees. The Executive Committee shall have the power to create and appoint and/or employ, by contract or otherwise, a General Manager and such other officers, employees, consultants and independent contractors as it may deem necessary to carry out the business of the Authority, any of whom may be employees of a Member, and who shall have such powers, duties and responsibilities as are determined by the Executive Committee and whom shall hold office for such period as the Executive Committee may authorize or determine. 6.7 Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workers’ compensation and other benefits which apply to the activities of officers, agents or employees of a public agency when performing their respective functions shall apply to them in the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by any of Members or, by reason of their employment by the Authority, to be subject to any of the requirements of any of the Members. 6.8 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount to be fixed by the Executive Committee, and if so requested the Authority shall pay the cost of premiums associated with the bond. 6.9 Conflict of Interest Code. The Authority by resolution shall adopt by reference a Conflict of Interest Code as required by the Political Reform Act, commencing with Section 81000 of the California Government Code. ARTICLE 7 EXPANSION OF THE AUTHORITY 7.1 Additional Members. 7.1.1 Additional entities that qualify to join a joint powers authority under the Joint Powers Law may become a party to this Agreement at any time by: (a) a unanimous vote of the Executive Committee; (b) approval of this Agreement by the legislative body of the new party; (c) 203 12183.0001/2171285.1 8 approval of an amendment to this Agreement by the legislative body of each current Member; and (d) payment to the Authority of all fees, contributions, and/or expenses set by the Executive Committee for the purpose of sharing all costs and expenses. 7.1.2 Partners may become a member of the Eastern Coachella Valley Authority Board of Directors at any time by: (a) submittal of an application in the form provided by the Authority; (b) approval of the application by a unanimous vote of the Executive Committee; and (c)payment to the Authority of all fees, contributions, and/or expenses set by the Executive Committee for Partners. 7.2. Continuing Participation. The Parties acknowledge that Authority membership may increase or decrease by the addition and/or withdrawal of a Member. The Parties agree to participate with such other Parties as may later be added. The Parties also agree that the withdrawal of a Party shall not affect this Agreement or the remaining Parties’ continuing obligations herein. ARTICLE 8 FINANCING AND BUDGETING 8.1 Fiscal Year. The first fiscal year of the Authority is the period from the Effective Date through June 30, 2018. Thereafter, the fiscal year of the Authority shall be the period commencing on July 1 of each year and ending on and including the following June 30. 8.2 Minimum Mandatory Contribution. Each Member and Partner shall contribute annually a minimum monetary contribution of $15,000.00 (“Minimum Contribution”) billed at the beginning of the fiscal year, payable either in whole or quarterly as determined by the Executive Committee. It is understood that as of the Effective Date of this Agreement, the Parties to this Agreement have already made an annual contribution of $10,000.00 either in whole or in part under an existing “Memorandum of Understanding” and that said monies will be transferred to the Authority upon this Effective Date of this Agreement. Accordingly, the annual contribution made by the Member and/or Partner pursuant to that Memorandum of Understanding shall be credited (in a pro-rata amount) towards the Member’s Minimum Contribution under the first fiscal year of the Authority and to the extent necessary, the fiscal year immediately following the first. 8.3 Annual Contributions. Annually, and prior to July 1 of each year, the Executive Committee may determine that an increase to the Minimum Contribution is warranted. In such case, the increase may be established if it is approved by a unanimous vote of the Executive Committee and by the legislative body of each Member. If so approved, that amount will be paid by the Members, including Partners. If the increase is not approved in the manner provided for herein, the amount of the annual contribution to be paid by the Member shall default to the Minimum Contribution level established by Section 8.2. The Executive Committee may adopt a cost sharing formula for determining contributions from its Members, including Partners. Once established, the annual contribution is payable in quarterly payments or such other payment schedule as established by the Executive Committee. 8.4 Budget. The Executive Committee shall adopt a budget for the first fiscal year as soon as practicable after the formation of the Authority. For each subsequent year, the Executive Committee shall adopt an annual budget no later than 30 days prior to the beginning of each fiscal year. Nothing in this Section shall prevent the Authority from approving a two-year budget. In the event the Executive Committee fails to timely approve a budget due to a tie vote or any other 204 12183.0001/2171285.1 9 reason, then the prior year’s annual budget shall automatically continue in effect – with a cost of living adjustment for expenditures to reflect the prior year’s change in the Consumer Price index for all Urban Consumers for the Western Urban Area as of April 1 as reported by the U.S. Bureau of Labor Statistics – until the Executive Committee adopts a new, superseding budget. This budget shall be adopted by a majority vote of all members of the Executive Committee, and is not subject to approval or ratification by the governing bodies of the Parties. 8.5 Dispersal of Funds. Funds may not be disbursed by the Authority without approval of the adopted budget as specified in this Article 9 and all receipts and disbursements shall be in strict conformance with the adopted and approved budget. 8.6 Accounting. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It will comply with all provisions of law relating to the establishment and administration of funds, including, but not limited to, Section 6505 of the Government Code. 8.7 Additional Contributions and Advances. Pursuant to Government Code Section 6504, the Members may in their discretion make financial contributions, loans or advances to the Authority for the purposes of the Authority set forth in this Agreement. The repayment of such contributions, loans or advances will be on the written terms agreed to by the Member making the contribution, loan or advance and the Authority. ARTICLE 9 SPECIAL PROJECTS 9.1 Special Projects. The Executive Committee may approve and establish certain special projects that serve a specific objective and may involve all or a limited number of the Parties. For each approved special project, the Executive Committee shall establish a separate project budget and the participating Members shall execute a separate special project agreement to provide for additional project-specific contributions, obligations, and rights of the participating Parties and the Authority. A sub-committee for the special project shall consist of the Manager or the EC Representative, at the EC Representative’s discretion, of each participating Member. 9.2 Written Approval. No Member may participate in a special project without written approval the Member’s governing body in the form of a certified resolution or minute order. The governing body of the Member must approve their involvement in the special project and any additional contribution to the special project budget. ARTICLE 10 PURPOSELY LEFT BLANK ARTICLE 11 TERM; WITHDRAWALS; DISSOLUTION 11.1 Term. This Agreement shall become effective and the Authority will come into existence as a separate public agency on the Effective Date. This Agreement shall thereafter continue in full force and effect until terminated as provided for herein. Notwithstanding, this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the Authority. 205 12183.0001/2171285.1 10 The withdrawal of a Member shall not terminate that Member’s responsibility to contribute to its share of any obligation incurred by the Executive Committee, including amounts determined by the Executive Committee for (1) liabilities and claims accrued during the time the agency was a Member Agency or (2) budgeted expenses for the Fiscal Year in which notice of intent to withdraw is given if such contribution has been approved by the Member as provided for this Agreement 11.2 Withdrawal or Exclusion of a Member. 11.2.1 Any Member may withdraw from the Authority by filing with the Executive Committee a certified copy of a resolution of its governing body expressing its desire to so withdraw at least six (6) months prior to the close of a fiscal year. The withdrawal shall be effective at the end of the fiscal year. A Member’s withdrawal shall not relieve the withdrawing Member of its financial obligations previously incurred by it under this Agreement. Upon withdrawal of a Party from the Authority, the withdrawing Party shall not receive any of the assets of the Authority unless the Authority is dissolved and the assets are distributed. Notwithstanding, if the Minimum Contribution has already been paid, the Member is not entitled to a refund upon withdrawal. 11.2.2 Upon compliance with the conditions specified in Section 11.2.1 above, the withdrawing Member shall no longer be considered a Member for any reason or purpose under this Agreement and its rights and obligations under this Agreement shall terminate. The withdrawal of a Member shall not affect any obligations of such Member under any contract between the withdrawing Member and the Authority. 11.2.3 Any Member which has (1) defaulted under a contract with the Authority, or (2) failed to pay any required contributions, payments or advances in accordance with this Agreement may have its rights under this Agreement terminated and may be excluded from participating in the Authority by a vote of a majority of the members of the Executive Committee voting on the matter (excluding from voting the member(s) of the Executive Committee, if any, representing the defaulting Member). Any excluded Member shall continue to be liable for its obligations under any contract with the Authority and for any unpaid contribution, payment or advance approved by the Executive Committee if such unpaid contribution, payment or advance was approved prior to such Member's exclusion. 11.2.4 No withdrawal from membership pursuant to Sections 11.2.1 or exclusion from participation pursuant to Section 11.2.3 hereof shall constitute an amendment or modification of this Agreement for purposes of Section 14.6 hereof. 11.4 Dissolution. Upon the dissolution or termination of the Authority, and after payment or provision for payment, all debts and liabilities, the assets of the Authority may be sold and the proceeds thereof distributed to the Parties in proportion to each Party’s contributions to the Authority. ARTICLE 12 LIABILITY, INDEMNITY AND INSURANCE 12.1 Liability of Executive Committee Members, Officers or Employees. 12.1.1 The members of the Executive Committee, Management Committee, and officers and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former member, officer, agent or employee of the Authority shall be individually or 206 12183.0001/2171285.1 11 personally liable for the payment of the principal of or premium or interest on any obligations of the Authority or be subject to any personal liability or accountability by reason of any obligations of the Authority, but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law or by the instruments authorizing the issuance of any obligations of the Authority. Nothing contained in this Agreement shall in any way diminish the liability of any Member or other party with respect to any contract between such Member or other party and the Authority. 12.1.2 If any Executive Committee or Management Committee member or any officer or employee of the Authority shall be sued, either alone or with others, because he or she is or was an Executive Committee member or an officer or employee of the Authority, in any proceeding arising out of his or her alleged misfeasance or nonfeasance in the performance of his or her duties or out of any alleged wrongful act against the Authority or by the Authority, the Authority shall defend and indemnify such persons, including reasonable attorneys' fees incurred in the defense of the proceedings, if the person sued acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. 12.2 Liability Contribution. Pursuant to the Joint Powers Law, the debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members, except as provided by Section 895.2 of the California Government Code, as amended from time to time, in the case of injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement. If any Member is held liable upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, and pays in excess of its Liability Share of such judgment, such Member shall be entitled to contribution from each other Member and may require each other Member to pay an amount towards the judgment for damages, but in no event shall any such other Member be required to pay in excess of its Liability Share of such judgment. 12.3 Indemnity by Authority. Except as otherwise set forth in this Agreement, the Authority shall defend, indemnify, and hold harmless each Party and each of their officials, officers, agents, and employees (collectively, the “Indemnitees of the Authority”), from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description that directly or indirectly arises from the performance of any of the activities of the Authority undertaken pursuant to this Agreement. The Authority shall reimburse the Indemnitees of the Authority for any reasonable court costs and attorneys’ fees that the Indemnitees of the Authority may incur as a result of such action. Indemnitees of the Authority may, at their sole and absolute discretion, participate in the defense undertaken by the Authority or retain separate counsel whose attorneys’ fees and costs shall be paid by the Authority. 12.4 Indemnity by Party. Each Party shall defend, indemnify, and hold harmless, the Authority and the other Party, and their respective officials, officers, agents, and employees (collectively “Indemnities of the Party”) from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description that directly or indirectly arises from the performance of any of the activities of the indemnifying Party undertaken pursuant to this Agreement. The indemnifying Party shall reimburse the Indemnities of the Party for any reasonable court costs and attorneys’ fees that the Indemnities of the Party may incur as a result of such action. Indemnities of the Party may, at their sole and absolute discretion, participate in the defense undertaken by the indemnifying Party or retain separate counsel whose attorneys’ fees and costs shall by paid by the indemnifying Party. 207 12183.0001/2171285.1 12 12.5 Limited Waiver of Sovereign Immunity. The Indian tribe(s) enumerated herein do not waive, limit or modify their sovereign immunity against contested suit except as specifically provided for in this Section 12.5. The Indian tribe(s) hereby individually agree to waive their sovereign immunity solely for the limited purpose of authorizing the Authority, County of Riverside, Imperial Irrigation District and the cities of Coachella, Indio and La Quinta (“Covered Parties”): (i) to initiate a lawsuit seeking to enforce all rights granted to the Covered Parties under this Agreement; (ii) to seek provisional remedies in aid of litigation; or (iii) to enforce an award. In the event the Indian tribe(s) enumerated herein and the Covered Parties have a dispute and are unable to resolve the dispute without litigation, the only jurisdiction and venue for such litigation arising from and/or related to this Agreement shall be either the United States District Court, Central District of California, Riverside Branch, or the Superior Court of the State of California, County of Riverside. 12.6 Insurance. The Authority shall procure, carry, and maintain in full force and effect at all times during the term of this Agreement, at its sole cost and expense, and until the termination of this Agreement, insurance coverage, which shall be maintained with insurers and under forms of policies approved by the Executive Committee. The Executive Committee shall establish insurance requirements in the bylaws or by resolution. 12.7 Survives Termination. All duties of the Authority and the Parties under this Section shall survive termination of this Agreement. ARTICLE 13 DISPUTE RESOLUTION 13.1 Dispute Resolution. The Members shall use their best efforts to settle any dispute, claim, question or disagreement arising from or relating to this Agreement or to the interpretation of this Agreement (“Dispute”). To that end, representatives of the Members shall consult and negotiate with each other in good faith and, recognizing the mutual interests of the Members, attempt to reach a just and equitable solution satisfactory to all Members. If the representatives of the Members do not reach such a solution within a period of thirty (30) days after their first meeting regarding a Dispute, then the Members shall convene a meeting of the Executive Committee within sixty (60) days after the first meeting of the Party representatives regarding a Dispute and request that the Executive Committee settle the Dispute at the meeting. If the Executive Committee does not settle the Dispute at that Executive Committee meeting or within seven (7) calendar days after that Executive Committee meeting, any Party may request a voluntary mediation of the Dispute to be held within thirty (30) days after the request for mediation. If mediation is not requested or is unsuccessful, any Party may pursue any and all legal and equitable remedies that may be available. A Party who disputes any amount it is to pay to Authority or the other Party in connection with this Agreement shall first pay the disputed amount to Authority or other Party under protest before commencing Dispute resolution under this Section. The respective costs of each Party for resolving any Dispute shall be borne by the individual Members, not Authority. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed served, given or made if delivered (i) in person on the date of delivery; (ii) 208 12183.0001/2171285.1 13 on the third day after mailing, if mailed, postage prepaid, by registered or certified mail (return receipt requested); or (iii) on the day after mailing if sent by a nationally recognized overnight delivery service which maintains records of the time, place, and recipient of delivery, to the person designated by such Member or the Authority upon the commencement of its membership in the Authority. A Member, at any time, by written notice to each other Member and the Authority, may designate different persons or different addresses for the giving of notices, demands or requests to it hereunder. The Authority may, at any time, by written notice to each Member, designate a different or additional person or a different address for giving notices, demands or requests to it hereunder. 14.2 Section Heading. All section headings in this Agreement are for convenience and reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. 14.3 Further Assurances. Each Member agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 14.4 Law Governing. This Agreement is made in the State of California under the constitution and laws of the State of California, and is to be so construed. 14.5 Agreement Complete. The foregoing constitutes the full and complete Agreement of the Members. There are no oral understandings or agreements not set forth in writing herein. 14.6 Amendments. This Agreement may be amended at any time, by written agreement executed by all then-current Members. The purpose of any such amendment can be the addition of new Member Agencies to the Authority. 14.7 Enforcement by Authority. The Authority is hereby authorized to pursue any or all legal or equitable remedies, including but not limited to injunction and specific performance, necessary or permitted by law or equity to enforce this Agreement. 14.8 Severability. In the event that any term, covenant or condition of this Agreement or the application of such term, covenant or condition shall be held invalid as to any person or circumstance by any court having jurisdiction in the premises, all other terms, covenants and conditions of this Agreement and their application shall not be affected thereby, but shall remain in full force and effect. 14.9 Execution of Contracts. The Executive Committee, except as otherwise provided in this Agreement, may authorize any officer or officers, agent or agents, to enter into any contract or execute any contract or execute any instrument in the name of and on behalf of the Authority and such authorization may be in general or confined to specific instances and unless so authorized by the Executive Committee, no officer, agent or employee shall have any power or authority to bind the Authority by any contract or engagement or to pledge its credit or to render it liable for any purpose or in any amount. 14.10 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Members. No Member may assign any right or obligation hereunder without the prior written consent of the other Members and any attempt to assign without such consent is null and void. The immediately preceding sentence shall not affect any right of assignment under any other contract between any Member and the Authority. 209 12183.0001/2171285.1 14 14.11 Agreement Not for Benefit of Third Parties. This Agreement will not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties will have any right of action under this Agreement for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any Party will be deemed conclusively to be for the direct protection and benefit of the inhabitants and property within the jurisdiction of such Party. No person or entity, other than the Parties and their permitted successors and assigns, is authorized to enforce the provisions of this Agreement. 14.12 Execution of Counterparts. This Agreement may be executed in any number of counterparts. All such counterparts shall be deemed to be originals and shall together constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as attested by their proper officers thereunto duly authorized, on the day and year set forth below, making the same effective on the date signed by the last of all Parties hereto. [Remainder of Page Intentionally Left Blank] 210 12183.0001/2171285.1 15 COUNTY OF RIVERSIDE ___________________________ Chuck Washington, Chairman Board of Supervisors ATTEST: Kecia Harper-Ihem Clerk of the Board of Supervisors __________________________ Deputy APPROVED AS TO FORM: Gregory P. Priamos County Counsel By:______________________ Deputy 211 12183.0001/2171285.1 16 CITY OF COACHELLA By: Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney 212 12183.0001/2171285.1 17 CITY OF INDIO By: Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney 213 12183.0001/2171285.1 18 CITY OF LA QUINTA By: Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney 214 12183.0001/2171285.1 19 CABAZON BAND OF MISSION INDIANS By: ATTEST: __________________________________ APPROVED AS TO FORM: __________________________________ General Counsel 215 216 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR MEDIAN MAINTENANCE FOR MADISON AND MONROE STREETS ADJACENT TO THE CORAL MOUNTAIN DEVELOPMENT; CEQA: CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 RECOMMENDATION 1. Find and determine the proposed assignments are categorically exempt under the California Environmental Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines; 2. Approve the assignment and assumption agreements, substantially in the forms attached, for the median maintenance on Madison and Monroe Streets adjacent to the Coral Mountain Development; and, authorize the City Manager to execute the agreements and take actions necessary or proper to implement the approval of the agreements. EXECUTIVE SUMMARY Madison and Monroe Streets have medians adjacent to the Coral Mountain Development, and the private property owners are responsible for median maintenance per recorded agreements. Sunrise LQ, LLC (Sunrise) is under contract to purchase property from the owners who currently have the obligations to maintain the medians on Madison and Monroe Streets. The median maintenance agreements allow for their assignment with the City’s consent. FISCAL IMPACT - None. BACKGROUND/ANALYSIS Previously the City entered into agreements that guaranteed the continued maintenance of medians found on Madison and Monroe Streets adjacent to the Coral Mountain Development. The Madison Agreement was recorded in 2006, and the Monroe Agreement was recorded in 2014. Both the Madison and BUSINESS SESSION ITEM NO. 2 217 Monroe Agreements authorize assignment of those agreements subject to the City’s consent. The Monroe Agreement authorizes the owner of the Coral Mountain Development to assign its obligations under that agreement to the Andalusia at Coral Mountain Master Association. Sunrise, and its wholly owned subsidiary Andalusia County Club, LLC (ACC), request the City’s consent to their assumption of the median maintenance agreements from the current property owners responsible for median maintenance. If the Council approves the assignment and assumption agreements as proposed (Attachments 1 and 2), the City (1) would consent to the assignment of the Monroe Agreement to Sunrise and ACC, and (2) would consent to the assignment of the Madison Agreement to Sunrise and ACC, and would allow Sunrise to assign the median maintenance agreement to the Andalusia at Coral Mountain Master Association. ENVIRONMENTAL REVIEW The assignments to a new owner of the existing median maintenance agreements, which do not alter existing maintenance obligations, are categorically exempt from environmental review pursuant to Section 15301 (Class 1), subdivision (c) [Existing streets and similar facilities] and subdivision (h) [Maintenance of existing landscaping], of the Guidelines to the California Environmental Quality Act. ALTERNATIVES None proposed. Prepared by: Bill Ihrke, City Attorney Approved by: Frank J. Spevacek, City Manager Attachments: 1. Assignment & Assumption of Public Improvements Maintenance Agreement (Monroe Street) 2. Amendment To, Assignment & Assumption of Median Landscaping Maintenance Agreement (Madison Street) 218 1 10-10-18v11 RECORDING REQUESTED BY SUNRISE LQ, LLC 300 Eagle Dance Circle La Quinta, CA 92211 _______________________________ AND WHEN RECORDED MAIL TO SUNRISE LQ, LLC 300 Eagle Dance Circle La Quinta, CA 92211 _______________________________ ASSIGNMENT AND ASSUMPTION OF PUBLIC IMPROVEMENTS MAINTENANCE AGREEMENT (Monroe Street) THIS ASSIGNMENT AND ASSUMPTION OF PUBLIC IMPROVEMENTS MAINTENANCE AGREEMENT (this “Assignment”) is made as of this ____ day of _______________, 2018 (the “Effective Date”), by T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP, a Delaware partnership (“Assignor”), in favor of SUNRISE LQ, LLC, a Delaware limited liability company and ANDALUSIA COUNTRY CLUB, LLC, a Delaware limited liability company (“Assignee”), with confirmation, consent and release granted by the CITY OF LA QUINTA, a California Municipal Corporation (the “City”), collectively (the “Parties”). W I T N E S S E T H: WHEREAS, Assignor and the City are parties to that certain Public Improvements Maintenance Agreement (Monroe Street) Coral Mountain Development, dated March 6, 2014, and recorded on April 4, 2014 as Document No. 2014-0123859 in the Official Records of Riverside County, California (as amended, supplemented, or modified, the “Agreement”), which Agreement encumbers certain tracts or parcels of property as described therein and incorporated herein (the “Property”); WHEREAS, pursuant to that certain Grant Deed of even date herewith (the “Deed”), Assignor is granting and conveying the Property to Assignee; WHEREAS, the City has confirmed that the Monroe Median hardscape improvements (as defined in the Agreement) as required by the Agreement are complete and the Monroe Median landscape improvements (as defined in the Agreement) are outstanding. WHEREAS, the City intends to have the East Side Property Owner, as defined in the Agreement, complete the landscaping improvements within the Monroe Median as a condition of approval for their development. ATTACHMENT 1 219 2 WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to assume from Assignor, all right, title, interest, reservations, powers and privileges of Assignor under the Agreement, all on the terms hereinafter set forth; and NOW, THEREFORE, in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor, with full power and authority to so act, and concurrently with the delivery of the Deed to Assignee, hereby sells, transfers, assigns and sets over to Assignee, its successors and assigns, all right, title, interest, reservations, powers, and privileges of Assignor under the Agreement (collectively, the “Assigned Rights”). By the City’s execution hereof, the City hereby (i) confirms the Monroe Median hardscape improvements (as defined in the Agreement) are complete and that the Monroe Median landscaping improvements (as defined in the Agreement) are outstanding; (ii) the City confirms the fact that the Assignee will not be required to install the Monroe Median landscaping improvements (as defined in the Agreement) by the City; (iii) warrants the following: (a) that the Assignor is not in default in the performance of any duty or obligation under the Agreement; (b) except for this Assignment, the City has not consented to the Agreement being assigned, modified or amended; (c) there are no existing or pending lawsuits, and no defenses or offsets relating to lawsuits, arising out of the Agreement; and (iv) releases Assignor of all obligations and liability under the Agreement accruing from and after the date hereof. Assignee does hereby assume and agree to observe and perform and be bound by all of Assignor’s obligations and duties under the Agreement accruing from and after the date hereof. Assignee agrees to indemnify, protect, defend and hold Assignor harmless from and against any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys’ fees) directly or indirectly arising out of or related to any breach or default in Assignee’s foregoing obligations. Assignor shall remain liable for all of Assignor’s obligations under the Agreement accruing prior to the date hereof, except to the extent that any such obligation is prorated and adjusted, or otherwise credited to Assignee, at Closing (as defined in the Sale Agreement, as hereinafter defined). Assignor agrees to indemnify, protect, defend and hold Assignee harmless from and against any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys’ fees) directly or indirectly arising out of or related to any breach or default in Assignor’s foregoing obligations. As used herein, “Sale Agreement” shall mean that certain Purchase and Sale Agreement, dated as of July 13, 2018, by and among CORAL OPTION I, LLC, a Delaware limited liability company, T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited partnership, CORAL MOUNTAIN, LLC, a Delaware limited liability company, and SUNRISE LQ, LLC, a Delaware limited liability company, as the same may have been amended, modified or assigned. This Assignment shall be binding upon and inure to the benefit of Assignor, Assignee, the City and their respective heirs, executors, administrators, successors and assigns. 220 2 This Assignment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURES BEGIN ON NEXT PAGE] 221 IN WITNESS WHEREOF, Assignor, Assignee, and the City have executed this instrument under seal as of the date set forth above. ASSIGNOR: T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP, a Delaware partnership By: T.D. Desert Development Corp., its general partner By:_________________________ Name: ______________________ Title:________________________ STATE OF CALIFORNIA COUNTY OF On __________________, 2018, before me, ___________________________, Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) [SIGNATURES CONTINUE ON NEXT PAGE] A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 222 ASSIGNEE: SUNRISE LQ, LLC, a Delaware limited liability company By:_________________________ Name: ______________________ Title:________________________ STATE OF CALIFORNIA COUNTY OF On __________________, 2018, before me, ___________________________, Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) [SIGNATURES CONTINUE ON NEXT PAGE] A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 223 ANDALUSIA COUNTRY CLUB, LLC, a Delaware limited liability company By:_________________________ Name: ______________________ Title:________________________ STATE OF CALIFORNIA COUNTY OF On __________________, 2018, before me, ___________________________, Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 224 THE CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 By:_______________ Date: ________ ________________, City Manager Attest: _________________________ _______________, City Clerk Approved as to Form: ___________ Date: _______ ____________, City Attorney STATE OF CALIFORNIA COUNTY OF On __________________, 2018, before me, ___________________________, Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 225 226 1 10-10-18-v11 RECORDING REQUESTED BY SUNRISE LQ, LLC 300 Eagle Dance Circle Palm Desert, CA 92211 _______________________________ AND WHEN RECORDED MAIL TO SUNRISE LQ, LLC 300 Eagle Dance Circle Palm Desert, CA 92211 _______________________________ AMENDMENT TO, ASSIGNMENT AND ASSUMPTION OF MEDIAN LANDSCAPING MAINTENANCE AGREEMENT THIS AMENDMENT TO, ASSIGNMENT AND ASSUMPTION OF MEDIAN LANDSCAPING MAINTENANCE AGREEMENT (this “Assignment”) is made as of this ____ day of _______________, 2018 (the “Effective Date”), by CORAL OPTION I, LLC, a Delaware limited liability company (“Assignor”), in favor of ANDALUSIA COUNTRY CLUB, LLC, a Delaware limited liability company and SUNRISE LQ, LLC, a Delaware limited liability company (“Assignee”), with amendment, consent and release granted by the CITY OF LA QUINTA, a California Municipal Corporation (the “City”), collectively, (the “Parties”). W I T N E S S E T H: WHEREAS, Assignor and the City are parties to that certain Median Landscaping Maintenance Agreement Coral Mountain Development, dated January 11, 2006, and recorded on May 8, 2006 as Document No. 2006-0331924 in the Official Records of Riverside County, California (as amended, supplemented, or modified, the “Agreement”), which Agreement encumbers certain tracts or parcels of property as described therein and incorporated herein (the “Property”); WHEREAS, the City has confirmed that all of the Improvements (as defined in the Agreement), required by the Agreement are complete; WHEREAS, the City has confirmed that the maintenance of the Improvements (as defined in the Agreement), required by the Agreement is current and there are no outstanding obligations, other than the ongoing maintenance thereof; WHEREAS, pursuant to that certain Grant Deed of even date herewith (the “Deed”), Assignor is granting and conveying the Property to Assignee; ATTACHMENT 2 227 2 10-10-18-v11 WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to assume from Assignor, all right, title, interest, reservations, powers and privileges of Assignor under the Agreement, all on the terms hereinafter set forth; and NOW, THEREFORE, in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor, with full power and authority to so act, and concurrently with the delivery of the Deed to Assignee, hereby sells, transfers, assigns and sets over to Assignee, its successors and assigns, all right, title, interest, reservations, powers, and privileges of Assignor under the Agreement (collectively, the “Assigned Rights”). By the City’s execution hereof, the City hereby (i) warrants the following: (a) that the Assignor is not in default in the performance of any duty or obligation under the Agreement; (b) except for this Assignment, the City has not consented to the Agreement being assigned, modified or amended; (c) there are no existing or pending lawsuits, and no defenses or offsets relating to lawsuits, arising out of the Agreement; and (d) the Improvements (as defined in the Agreement) are complete; (ii) consents to such foregoing assignment of the Assigned Rights, (iii) releases Assignor of all obligations and liability under the Agreement accruing from and after the date hereof, and (iv) acknowledges, accepts and confirms the amendment of the Agreement as stated below. Assignee does hereby assume and agree to observe and perform and be bound by all of Assignor’s obligations and duties under the Agreement accruing from and after the date hereof. Assignee agrees to indemnify, protect, defend and hold Assignor harmless from and against any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys’ fees) directly or indirectly arising out of or related to any breach or default in Assignee’s foregoing obligations. Assignor shall remain liable for all of Assignor’s obligations under the Agreement accruing prior to the date hereof, except to the extent that any such obligation is prorated and adjusted, or otherwise credited to Assignee, at Closing (as defined in the Sale Agreement, as hereinafter defined). Assignor agrees to indemnify, protect, defend and hold Assignee harmless from and against any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys’ fees) directly or indirectly arising out of or related to any breach or default in Assignor’s foregoing obligations. As used herein, “Sale Agreement” shall mean that certain Purchase and Sale Agreement, dated as of July 13, 2018, as amended, by and among CORAL OPTION I, LLC, a Delaware limited liability company, T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited partnership, CORAL MOUNTAIN, LLC, a Delaware limited liability company, and SUNRISE LQ, LLC, a Delaware limited liability company, as the same may have been amended, modified or assigned. The Parties also desire to amend the Agreement to include the following provision: 14.Maintenance by a Master Association. City acknowledges, agrees, and consents to the subsequent assignment of the obligations to maintain the Improvements (as 228 3 10-10-18-v11 defined in the Agreement) from the Owner to the Andalusia at Coral Mountain homeowner’s association (“Master Association”), and that at such time as Owner assigns to the Master Association, and Master Association assumes from Owner, Owner’s obligations under this Agreement, Owner shall be relieved of liability hereunder. Notwithstanding the foregoing, however, the City’s consent to this assignment shall be contingent and subject to the following conditions and restrictions: (a) Within thirty (45) days of the assignment from Owner to the Master Association, the Owner and/or Master Association shall deliver a copy of whatever instrument, writing, or document the Owner and Master Association utilized to assign the obligations under this Agreement (the “Assignment Instrument”) to the City. Should the Owner and/or Master Association fail to comply with this requirement, the City’s consent as provided by this Section 14 shall be deemed void, and the obligations under this Agreement shall immediately revert to Owner. (b)Upon receipt of the Assignment Instrument, the City shall have forty-five (45) days to review the Assignment Instrument, to verify that the Assignment Instrument, and the Master Association are acceptable, in the City’s sole and absolute discretion. Should the City determine that either the Assignment Instrument or the Master Association is unacceptable, the City shall provide written notice to Owner as provided for in this Agreement (“Revocation of Consent”). Upon receipt of the City’s Revocation of Consent, all obligations under this Agreement shall revert back to Owner. Should the City fail to provide a Revocation of Consent within the time frame described in this paragraph 14(b), the City’s consent shall remain. (c) Should the City’s consent be revoked or rendered void under either Section 14(a) or Section 14(b) at any time, Owner shall forever forfeit its rights under this Section 14. Notwithstanding the foregoing, Owner and City shall retain the authority to consent to the assignment of this Agreement pursuant to any other provision of this Agreement at any time. This Assignment shall be binding upon and inure to the benefit of Assignor, Assignee, the City and their respective heirs, executors, administrators, successors and assigns. In the event there is a conflict between the original Agreement and this Amendment, this Amendment shall control. This Assignment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURES BEGIN ON NEXT PAGE] 229 IN WITNESS WHEREOF, Assignor, Assignee, and the City have executed this instrument under seal as of the date set forth above. ASSIGNOR: CORAL OPTION I, LLC, a Delaware limited liability company By:_________________________ Name: ______________________ Title:________________________ STATE OF CALIFORNIA COUNTY OF On __________________, 2018, before me, ___________________________, Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) [SIGNATURES CONTINUE ON NEXT PAGE] A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 230 ASSIGNEE: SUNRISE LQ, LLC, a Delaware limited liability company By:_________________________ Name: ______________________ Title:________________________ STATE OF CALIFORNIA COUNTY OF On __________________, 2018, before me, ___________________________, Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) [SIGNATURES CONTINUE ON NEXT PAGE] A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 231 ANDALUSIA COUNTRY CLUB, LLC, a Delaware limited liability company By:_________________________ Name: ______________________ Title:________________________ STATE OF CALIFORNIA COUNTY OF On __________________, 2018, before me, ___________________________, Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) [SIGNATURES CONTINUE ON NEXT PAGE] A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 232 THE CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 By:_______________ Date: ________ ________________, City Manager Attest: _________________________ _______________, City Clerk Approved as to Form: ___________ Date: _______ ____________, City Attorney STATE OF CALIFORNIA COUNTY OF On __________________, 2018, before me, ___________________________, Notary Public, personally appeared __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 233 234 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: APPROVE VETERAN NOMINATIONS FOR INCLUSION ON VETERANS ACKNOWLEDGEMENT MONUMENT AT CIVIC CENTER CAMPUS RECOMMENDATION Approve veteran nominations for inclusion on the Veterans Acknowledgment monument at the Civic Center Campus. EXECUTIVE SUMMARY Residents submit nominations for the City’s annual Veterans Day tribute. Nominations are reviewed by Staff and submitted for Council approval. Once approved, their name, rank, and date of service is engraved on the Veterans Acknowledgement monument. FISCAL IMPACT The cost is approximately $1,500 and funds are available in Art in Public Places account (270-0000-60482). BACKGROUND/ANALYSIS Every year, residents submit nominations for the City’s Veteran Recognition Program. Staff reviews the nominations to ensure they meet the City’s criteria and then submits the nominations for Council consideration. Once approved, their name, rank, and date of service is engraved on the Veterans Acknowledgement monument. Criteria for the Veteran Recognition Program is active military that served in 1954 and after must be a past or current resident for a minimum of three years; active military that served in 1953 and before must be a past or current resident, no minimum years; honorable discharge from service; and proof of military service. All branches of the military identified by the Department of Veterans Affairs, including reservists, who served a minimum of six years and merchant marines who served in active duty, are considered. BUSINESS SESSION ITEM NO. 3 235 As part of the Veterans Day Recognition Ceremony, Council recognizes each veteran with a certificate of appreciation and calls attention to the art piece with their newly added name. The acknowledgment ceremony is scheduled for Veterans Day on Saturday, November 11, 2018. The following nominations are submitted for consideration: Nominations and supporting materials are on file with the Community Resources Department. ALTERNATIVES Council may choose to approve any or all nominations. Prepared by: Jaime Torres, Management Analyst Approved by: Chris Escobedo, Community Resources Director 236 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO ADD TWO FULL-TIME POSITIONS TO THE CITY’S CLASSIFICATION SCHEDULE RECOMMENDATION Adopt a Resolution to add an Administrative Assistant and a Senior Emergency Management Coordinator positions to the City’s Classification Plan and Salary Schedule. EXECUTIVE SUMMARY Public Safety has identified the need to bring two contract positions inhouse for retention purposes. Human Resources is requesting two authorized positions be added to the City’s Classification Plan and Salary Schedule. FISCAL IMPACT Annual salary and benefit costs associated with two new positions is estimated at $186,936, which is offset by the current annual cost of $190,210 to contract with the County of Riverside for these positions. This would generate a savings of $3,274 to the Fire Fund; these positions are funded from this Fund. BACKGROUND/ANALYSIS Public Safety currently contracts for an Office Assistant III and an Emergency Services Coordinator through the County of Riverside (County). The Office Assistant III supports both the County Fire Inspector and Emergency Management Operations. The City requested the County to add this position when Fire plan check and inspection services were relocated to City Hall to support these operations. The Emergency Services Coordinator was once a City position but was eliminated with the workforce reduction in 2013; the City Building Official assumed these responsibilities until he retired in 2014, and the City has contracted with the County for this service since then. Given the continuous work demand, Staff is requesting that these two positions be added to the City’s Classification Plan and Salary Schedule to have more control over both staffing and duties. Given that these are County positions, County’s directives supersede City needs. Therefore, County staff can be assigned outside City limits at any time, causing service disruptions. BUSINESS SESSION ITEM NO. 4 237 As Staff, the City would have more control over work assignments and staff retention. The Office Assistant III position provides office support to Emergency Services, Fire Marshall Specialist and the Fire Battalion Chief and three fire stations. Duties include: coordinating fire inspections and fire plan submittals, assisting with meeting requests, conducting community outreach, scheduling Emergency Operations Center (EOC) and fire trainings, tracking and noticing police and fire false alarms, EOC supplies procurement and invoicing, and managing phones and front-desk duties. The Emergency Service Coordinator is responsible for EOC operations. Duties include: emergency situation training, procuring and maintaining EOC equipment and communication devises, and insuring that the EOC is functional and ready to be activated at any time. The Emergency Services Coordinator establishes and maintains relationships with local emergency staff, utility companies and resident groups, and maintains and establishes new memorandums of understanding with local businesses to procure goods and services in advance of and during emergencies. Finally, the Emergency Services Coordinator maintains continuous awareness of threatening weather events and situations, plans accordingly with Staff and public safety officers. The following are the recommended titles and grades: POSITION GRADE Administrative Assistant A11 Sr. Emergency Management Coordinator C42 The City’s Classification Plan and Salary Schedule establish job classifications and salary schedules. The Plan and Schedule were adopted via Council resolution and amendments require Council action. ALTERNATIVES The Council could elect to delay, modify, or reject the requested revisions. Doing so may impact employee retention and service delivery. Prepared by: Angela Scott, Human Resources Manager Approved by: Chris Escobedo, Community Resources Director 238 RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING AN ADMINISTRATIVE ASSISTANT AND A SENIOR EMERGENCY MANAGEMENT COORDINATOR POSITIONS WHEREAS, the City Council previously approved and adopted the 2018/19 Classification Plan; and WHEREAS, the City’s Personnel Policy Section 2.05, Preparation and Amendment of Classification Plan, requires amendments to the Classification Plan be adopted by a Resolution of the City Council; and WHEREAS, the City contracts with Riverside County Fire Department and Emergency Management Department for these two positions; and WHEREAS, adding an Administrative Assistant and a Senior Emergency Management Coordinator in Public Safety will create an opportunity to retain personnel; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby approve and adopt the revisions to the Classification Plan for Fiscal Year 2018/19, attached hereto as "Exhibit A" and incorporated herein by reference. SECTION 2. The City authorizes the City Manager to notify Riverside County of the approved City positions and therefore, the City’s request to decrease Fire and Emergency personnel correspondingly. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of October, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 239 Resolution No. 2018- New Positions Adopted: October 16, 2018 Page 2 of 2 __________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _______________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 240 CITY OF LA QUINTA AUTHORIZED POSITIONS EFFECTIVE JULY 17, 2018 OCTOBER 17, 2018 AUTHORIZED WORKING TITLE RATING Administrative Administrative Assistant Administrative Assistant A11 Administrative Technician Administrative Technician B21 Executive Assistant B22 Code Administration Code Administration Technician Building Inspector I B22 Code Compliance Officer I B22 Permit Technician B22 Code Administration Specialist Building Inspector II B23 Code Compliance Officer II B23 Construction Inspector B23 Code Administration Supervisor Animal Control/Code Compliance Supervisor B32 Plans Examiner/Inspection Supervisor B32 Code Administration Coordinator Construction Manager/Inspection Supervisor C43 Maintenance & Operations Maintenance & Operations Worker Buildings Worker A11 Maintenance Worker I A11 Parks Worker A11 Maintenance Worker II A12 Maintenance & Operations Technician Traffic Signal Technician B21 Buildings Coordinator B23 Maintenance & Operations Coordinator Maintenance Foreman B24 Parks Foreman B24 Maintenance & Operations SuperintendenBuildings Superintendent B32 Parks Superintendent B32 Management Administration Management Assistant Community Resources Coordinator B21 Management Assistant B21/B22 Account Technician B22 Management Specialist Community Resources Specialist B24 Deputy City Clerk B24/B25 Junior Accountant B24 Management Specialist B24/B25 Accountant B25 Management Coordinator Marketing Management Coordinator C41 Management Analyst Associate Planner C42 Community Resources Analyst C42 Sr. Emergency Management Coodinator C42 Financial Services Analyst C42 Human Resources Analyst C42 Management Analyst C42/C43 Public Safety Analyst C42 Senior Accountant C42 Traffic Operations Analyst C42 Associate Engineer C43 Senior Planner C44 Management Manager Assistant to the City Manager D61 Building Official D61 Community Resources Manager D61 Hub Manager D61 Human Resources Manager D61 Maintenance Manager D61 Planning Manager D61 Public Safety Manager D61 Senior Civil Engineer D61 City Clerk D62 City Engineer D65 Director Community Resources Director E82 Design & Development Director E82 Facilities Director E82 Finance Director/Treasurer E82 City Manager City Manager F101* CLASSIFICATION SPECIFICATION * City Manager salary is determined by City Council contract EXHIBIT A RESOLUTION NO. 2018-XXX 241 2018/19 NON-DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBMSTEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7Administrative AssistantBuildings WorkerMaintenance Worker IParks WorkerA11 38,625.89$ 40,557.18$ 42,488.47$ 44,419.77$ 46,351.06$ Maintenance Worker IIA12 42,496.68$ 44,621.51$ 46,746.35$ 48,871.18$ 50,996.01$ Administrative TechnicianCommunity Resources CoordinatorManagement AssistantTraffic Signal TechnicianB21 50,249.87$ 52,762.36$ 55,274.86$ 57,787.35$ 60,299.84$ Account TechnicianBuilding Inspector ICode Compliance Officer IExecutive AssistantManagement AssistantPermit TechnicianVacation Rental/License AssistantB22 54,120.65$ 56,826.68$ 59,532.71$ 62,238.75$ 64,944.78$ Building Inspector IIBuildings CoordinatorCode Compliance Officer IIConstruction InspectorB23 57,991.44$ 60,891.01$ 63,790.59$ 66,690.16$ 69,589.73$ Community Resources SpecialistDeputy City ClerkJunior AccountantMaintenance ForemanManagement SpecialistParks ForemanB24 63,327.33$ 66,493.70$ 69,660.06$ 72,826.43$ 75,992.80$ AccountantDeputy City ClerkManagement SpecialistB25 69,893.33$ 73,387.99$ 76,882.66$ 80,377.33$ 83,871.99$ Animal/Code Officer SupervisorBuildings SuperintendentParks SuperintendentPlans Examiner/Inspector SupervisorB32 69,893.33$ 73,387.99$ 76,882.66$ 80,377.33$ 83,871.99$ Marketing Management CoordinatorC41 72,354.59$ 75,369.61$ 78,384.62$ 81,399.64$ 84,414.65$ 87,426.05$ 90,443.24$ Associate PlannerBusiness AnalystCommunity Resources AnalystSr. Emergency Management CoordinatorFinancial Services AnalystHuman Resources AnalystManagement AnalystPublic Safety AnalystSenior AccountantTraffic Operations AnalystC42 76,552.63$ 79,742.57$ 82,932.52$ 86,122.47$ 89,312.42$ 92,498.54$ 95,690.78$ ANNUAL NON-DISCRETIONARY STEPSCity Council Approval 6/19/18, 7/17/18, 10/16/181 OF 4Effective 6/25/18, Revised 7/17/18, 10/17/18242 2018/19 NON-DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBMSTEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7ANNUAL NON-DISCRETIONARY STEPSAssociate EngineerConstruction Manager/Inspection SupervisorManagement AnalystC43 80,750.66$ 84,115.54$ 87,480.42$ 90,845.30$ 94,210.18$ 97,571.02$ 100,938.33$ Senior PlannerC44 86,007.66$ 89,591.60$ 93,175.54$ 96,759.48$ 100,343.41$ 103,923.05$ 107,509.57$ Assistant to the City ManagerBuilding OfficialCommunity Resources ManagerHuman Resources ManagerMaintenance ManagerPlanning ManagerPublic Safety ManagerSenior Civil EngineerD61 97,568.01$ 101,633.67$ 105,699.33$ 109,764.99$ 113,830.65$ 117,891.43$ 121,960.01$ City ClerkD62 102,446.41$ 106,715.35$ 110,984.30$ 115,253.24$ 119,522.18$ 123,786.00$ 128,058.01$ City EngineerD65 117,524.43$ 122,421.68$ 127,318.92$ 132,216.16$ 137,113.41$ 142,004.77$ 146,905.54$ Community Resources DirectorDesign & Development DirectorFacilities DirectorFinance Director/City TreasurerE82 129,570.69$ 134,969.90$ 140,369.11$ 145,768.32$ 151,167.53$ 156,560.26$ 161,963.36$ City ManagerF101* 176,293.44$ 183,639.59$ 190,985.74$ 198,331.88$ 205,678.03$ 213,015.36$ 220,366.80$ Part-Time EmployeesDBMSTEP 1 STEP 2 STEP 3 STEP 4 STEP 5Recreation LeaderA01 Hourly$11.00$11.55$12.10$12.65$13.20Senior Recreation LeaderA02 Hourly$15.00$15.75$16.50$17.25$18.00Administrative AssistantA11 Hourly$18.57$19.50$20.43$21.36$22.28Administrative TechnicianB21 Hourly $24.16$25.37$26.57$27.78$28.99Software Program Report WriterB24 Hourly$30.45$31.97$33.49$35.01$36.53Elected Official PositionsMayorCouncil MembersBoards and Commission MembersCommunity Services Commission$75.00Construction Appeals Board$0.00Housing Commission$50.00Financial Advisory Commission $75.00Oversight Board$0.00Planning Commission $100.00Per MeetingPer Meeting$2,300.00Meeting StipendPer MeetingPer MeetingPer MeetingPer MeetingMonthly $2,800.00City Council Approval 6/19/18, 7/17/18, 10/16/182 OF 4Effective 6/25/18, Revised 7/17/18, 10/17/18243 2018/19 DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBMSTEP 6 STEP 7 STEP 8 STEP 9 STEP 10Administrative AssistantA1147,896.05$ 49,441.04$ 50,986.03$ 52,531.02$ 54,076.01$ Buildings WorkerMaintenance Worker IParks WorkerA11 47,896.05$ 49,441.04$ 50,986.03$ 52,531.02$ 54,076.01$ Maintenance Worker IIA12 52,695.81$ 54,395.61$ 56,095.41$ 57,795.21$ 59,495.01$ Administrative TechnicianCommunity Resources CoordinatorManagement AssistantTraffic Signal TechnicianB21 62,309.87$ 64,319.90$ 66,329.93$ 68,339.96$ 70,349.99$ Account TechnicianBuilding Inspector ICode Compliance Officer IExecutive AssistantManagement AssistantPermit TechnicianVacation Rental/License AssistantB22 67,109.62$ 69,274.46$ 71,439.30$ 73,604.14$ 75,768.98$ Building Inspector IIBuildings CoordinatorCode Compliance Officer IIConstruction InspectorB23 71,909.38$ 74,229.03$ 76,548.68$ 78,868.33$ 81,187.98$ Community Resources SpecialistDeputy City ClerkJunior AccountantMaintenance ForemanManagement SpecialistParks ForemanB24 78,525.84$ 81,058.88$ 83,591.92$ 86,124.96$ 88,658.00$ AccountantDeputy City ClerkManagement SpecialistB25 86,667.79$ 89,463.59$ 92,259.39$ 95,055.19$ 97,850.99$ Animal/Code Officer SupervisorBuildings SuperintendentParks SuperintendentPlans Examiner/Inspector SupervisorB32 86,667.79$ 89,463.59$ 92,259.39$ 95,055.19$ 97,850.99$ ANNUAL DISCRETIONARY STEPS (PERFORMANCE BASED)City Council Approval 6/19/18, 07/17/183 OF 4Effective 6/25/18, Revised 7/17/18244 2018/19 DISCRETIONARY SALARY SCHEDULEWORKING TITLEDBMSTEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14Marketing Management CoordinatorC4193,027.33$ 95,611.42$ 98,195.51$ 100,779.60$ 103,363.69$ 105,947.78$ 108,531.87$ Associate PlannerBusiness AnalystCommunity Resources AnalystSr. Emergency Management CoordinatorFinancial Services AnalystHuman Resources AnalystManagement AnalystPublic Safety AnalystSenior AccountantTraffic Operations AnalystC42 98,424.80$ 101,158.82$ 103,892.84$ 106,626.86$ 109,360.88$ 112,094.90$ 114,828.92$ Associate EngineerConstruction Manager/Inspection SupervisorManagement AnalystC43 103,822.28$ 106,706.23$ 109,590.18$ 112,474.13$ 115,358.08$ 118,242.03$ 121,125.98$ Senior PlannerC44110,581.27$ 113,652.97$ 116,724.67$ 119,796.37$ 122,868.07$ 125,939.77$ 129,011.47$ Assistant to the City ManagerBuilding OfficialCommunity Resources ManagerHuman Resources ManagerMaintenance ManagerPlanning ManagerPublic Safety ManagerSenior Civil EngineerD61 125,444.58$ 128,929.15$ 132,413.72$ 135,898.29$ 139,382.86$ 142,867.43$ 146,352.00$ City ClerkD62131,716.81$ 135,375.61$ 139,034.41$ 142,693.21$ 146,352.01$ 150,010.81$ 153,669.61$ City EngineerD65151,102.84$ 155,300.14$ 159,497.44$ 163,694.74$ 167,892.04$ 172,089.34$ 176,286.64$ Community Resources DirectorDesign & Development DirectorFacilities DirectorFinance Director/City TreasurerE82 166,590.88$ 171,218.40$ 175,845.92$ 180,473.44$ 185,100.96$ 189,728.48$ 194,356.00$ City Manager F101* 226,662.99$ 232,959.18$ 239,255.37$ 245,551.56$ 251,847.75$ 258,143.94$ 264,440.13$ ANNUAL DISCRETIONARY STEPS (PERFORMANCE BASED)City Council Approval 6/19/18, 07/17/184 OF 4Effective 6/25/18, Revised 7/17/18245 CLASS SPECIFICATION Management Analyst Rev. July 2017 October 2018 1 CLASS SERIES BAND/GRADE/SUBGRADE FLSA STATUS Management Administration C42 – C44 Exempt CLASS SUMMARY: This class is the fourth level in a four-level Management Administration Series focused on advanced journey level responsibilities. Incumbents are involved with the highest-level analysis work associated, as assigned, with designated City management functions or programs. DISTINGUISHING CHARACTERISTICS: Positions assigned to this classification are responsible for more complex work products and more complex project management and/or program administration/oversight. As assigned, incumbents may supervise staff including conducting performance evaluations, coordinating training; and implementing hiring, discipline and termination procedures. ESSENTIAL DUTIES: This class specification represents only the core areas of responsibilities; specific position assignments will vary depending on the needs of the department. Leads meetings with internal and external customers and stakeholders regarding projects or to address complaints and concerns escalated to a higher staff level. Prepares and administers contracts and consultant or franchise agreements, approves billing, ensures service levels and contractual/franchise expectations are met. Conducts comprehensive research, keeps abreast of changes in assigned field, performs complex, detailed analyses. Prepares and presents complex plans, programs, and technical reports including staff reports for the City Council or Commissions; coordinates/reviews/approves staff input into plans, programs and reports. Prepares and monitors budgets and related documents (such as grant funding applications, requirements, agreements, etc.); prepares and manages project schedules, oversees day-to-day program or staff activities. As assigned, supervises staff to includes: prioritizing and assigning work; conducting performance evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a healthy and safe working environment; and making hiring, termination and disciplinary recommendations. Exercise discretion in accessing confidential information such as information related to personnel matters, tax collections, and City Council confidential information. Assists in the development of standards, ordinances, regulations, policies and procedures; interprets same. Performs other duties of a similar nature and level as assigned. POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE: 246 CLASS SPECIFICATION Management Analyst Rev. July 2017 October 2018 2 Positions assigned to Associate Engineer functions may also be responsible for: Performing plan check as requested; Preparing annual Storm Water report; Preparing conditions of approval in land action services, as requested; Coordinating plan check services with City Surveyor, contract plan check engineers and City Traffic Engineer; Reviewing applications, maps, designs, drawings, improvement plans, specifications, cost estimates, and supporting documents; Coordinating engineering activities with other City departments; Processing encroachment permits and other permits for developments; Processing agreements including Subdivision Improvement Agreements with related bonds/ securities and Reimbursement Agreements; and Assisting at the front counter. Positions assigned to Associate Planner functions may also be responsible for: Assisting with preparation of the General Plan and other specific plan documents; Researching, reviewing and analyzing environmental, social and economic data related to planning, land use and community development; and Meeting with the development community to review proposed projects. Positions assigned to Business Analyst (City Manager’s Office) functions may also be responsible for: Negotiating and preparing contracts; Managing service contracts; Developing organizational metrics and implementing them across departments; Leading customer service initiatives; Analyzing contractor or franchisee performance, financial performance, market data and trends, real estate pro formas and project cash flows; Liaison for the City’s business community, assisting in economic development efforts and business attraction; Preparing financial models, operational studies, revenue and expenditure projections; Leading city-wide initiatives such as technology project teams, strategic planning and performance metrics; and Providing assistance/serving as a technical resource for City departments. Positions assigned to Public Safety Analyst (Community Resources) functions may also be responsible for: Conducting Public Safety assessment needs, identifying key opportunities, and recommending solutions that can be addressed through Public Safety initiatives; Assisting in the development, implementation and assessment of Public Safety projects. Negotiating, preparing and managing service contracts, including analyzing contract performance and project cash flows; Liaison for the City’s community, assisting in the development and implementation of community outreach efforts; 247 CLASS SPECIFICATION Management Analyst Rev. July 2017 October 2018 3 Assisting with the coordination and integration of projects, involving Police, Fire, Emergency Service, Code and other city department and/or community partners. Assisting with the formulation and development of the annual budget for Public Safety Division; Coordinates with other city departments, divisions and consultants to assist with Public Safety programs; Assisting with overall department support including staff report processing, department meetings/special events, and daily operations of the department. Positions assigned to Community Resources Analyst functions may also be responsible for: Developing and executing recreation/senior programs with the community and at the Wellness Center; Initiating and executing contracts for instructors and services; Managing full and part-time staff at the Wellness Center; Managing the daily operations of the facility; and Working with nonprofit providers on health and social services for seniors. Positions assigned to Sr. Emergency Management Coordinator functions may also be responsible for: Develops Emergency Operations Center (EOC) trainings and drills for city staff, CERT, and community groups; Manage EOC, including maintaining communication devices, equipment, supplies and service contracts; Develops and maintains relationships with other local emergency staff, utility companies, community groups, and local businesses. Conducts risk assessments related to local situations, events and weather that may have an inpact on the welfare of residents and staff. Leads annual review of City’s Emergency Operations Plan Manages existing and seeks new Emergency Management grants. Leads community outreach events related ot Emergency Prepareness. Positions assigned to HR Analyst functions may also be responsible for: Developing a comprehensive understanding of the business organization; Assisting the City Manager and Director in the strategy and future direction of the City in order to assess and communicate Human Resources and organizational development needs; Leading organizational assessment needs, identifying key opportunities, and recommending solutions that can be addressed through Human Resources; Embedding the processes, activities, and behaviors to foster the culture that will achieve the City’s strategic focus; Developing and delivering training programs at all employee and managerial levels; Working with Information Technology and Finance to ensure comprehensive analytics 248 CLASS SPECIFICATION Management Analyst Rev. July 2017 October 2018 4 that service to provide strategic analysis and trending information; Presenting and interpreting findings to various members of Human Resource customers and ability to adjust presentation materials to those various audiences; Conducting recruitments, screening and examination; Conducting classification reviews and compensation schedules (compensation analysis). Positions assigned to Management Analyst (Design and Development) functions may also be responsible for: Coordinating department annual budget analysis, development and reporting via financial software; Coordinating Public Works Internship Program and National Public Works Week celebration; Creating department communication, promotion, and outreach: preparing presentations/ articles/press releases, assisting homeowners and businesses, developing and updating department Webpages, and providing GORequest system administration; Updating Developer Engineer’s Handbook, Public Works Strategic Plan, Self-Assessment Update; etc., as assigned; and Assisting with overall department support on agreements, requests for proposals, public process for Capital Improvement Projects, staff report processing, department meetings/special events, staff reward program, and counter support. Positions assigned to Senior Planner functions may also be responsible for: Analyzing complex planning, zoning, and development issues and developing recommendations; Preparing and presenting a variety of oral reports and recommendations for projects at public and commission hearings; Meeting with developers, customer and other department representatives regarding proposed or contemplated projects; and Researching, reviewing, and analyzing complex environmental, social, and economic data related to planning, community development and land use activities. Positions assigned to Financial Services Analyst functions may also be responsible for: Auditing and reconciling daily cash receipts to bank transactions, investment portfolios and accounts receivables and payables; Preparing cash flow analyses, revenue, expense, and fund balance forecasts; Oversight of accounts payables and accounts receivables; Coordinates with other department representatives and consultants to assist with complex financial analysis and research; Assisting with the formulation and development of the annual budget; Assisting in coordinating the annual audit and preparing of the annual CAFR; and Tracking/preparing/updating financial information (such as payroll, investments, warrants). Positions assigned to Senior Accountant functions may also be responsible for: 249 CLASS SPECIFICATION Management Analyst Rev. July 2017 October 2018 5 Posting, balancing and reconciling the general ledger including preparing/verifying journal entries; Purchasing, payroll, and associated report preparation and records, or oversight of same; Assisting in coordinating the annual audit and preparing of the annual CAFR; Auditing the general ledger; verifying financial statements and financial reports, or oversight of same; reconciling various subsidiary accounts; Administering and overseeing CIP and grant accounting; Assisting with the formulation and development of the annual budget; and Assisting the Finance Director as needed with financial analysis. TRAINING AND EXPERIENCE: Bachelor’s Degree and, as assigned, four (4) years experience related to area of assignment. Or an equivalent combination of education and experience sufficient to successfully perform the essential duties of the job such as those listed above. LICENSING/CERTIFICATIONS: Some positions may require a valid Class C California Driver’s License. Engineer In Training (EIT) certificate required within one year of hire for engineering assignments. KNOWLEDGE IN: Supervisory principles; Budgetary principles; Applicable local, state and federal laws, rules and regulations; Project management methods including leading cross-functional teams; Contract administration and performance monitoring; Program development, administration and evaluation principles; Research methods, statistical analysis, program analysis and report preparation; Organizational structure of the city and city services as they relate to area of assignment; Operating modern office equipment; and Communication, interpersonal skills as applied to interaction with subordinates, coworkers, supervisor, the general public, etc. sufficient to exchange or convey information, evaluate performance and provide and/or receive work direction. Positions assigned to Community Resources also require knowledge of: Safety precautions and procedures for public recreation and senior activities; Principles and techniques of recreational, cultural and social programs and senior activities; and Public information and marketing strategies. Positions assigned to Engineering also require knowledge of: 250 CLASS SPECIFICATION Management Analyst Rev. July 2017 October 2018 6 Principles of civil engineering; Topographic and construction surveying; Methods and materials used in engineering construction; and Computer Aided Design (CAD) programs. Positions assigned to Management/Business Analysts also require knowledge of: Principles of change management; Principles of business process analysis and financial analysis; and Advanced financial modeling and forecasting techniques. Positions assigned to Planning also require knowledge of: Principles of land use planning and development; and Demographic, environmental, social, economic and land use concepts. Positions assigned to Financial Services Analyst and Senior Accountant also require knowledge of: Purchasing, payroll, and associated report preparation and records, or oversight of same; Preparation of audit requirements and the annual CAFR, Analyzing the general ledger; reviewing financial statements and financial reports, and managing and reconciling various subsidiary accounts; Assisting with the formulation and development of the annual budget; and Assisting the Finance Director as needed with complex financial analysis. SKILL IN: Advanced research and critical thinking; Analysis and problem-solving; Influencing the organization across multiple levels; Mathematical computations; Negotiation and conflict resolution; Supervising and evaluating employees; Prioritizing and assigning work; Preparing written reports of high complexity and keeping accurate records; Operating a computer and applicable software applications; Applying local, state and federal laws, rules and regulations; Customer service; and Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient to exchange or convey information and to receive work direction. ADA AND OTHER REQUIREMENTS: Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and repetitive motions. Some assignments may be characterized as Sedentary Work: 251 CLASS SPECIFICATION Management Analyst Rev. July 2017 October 2018 7 Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met. NOTE: The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. 252 City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016-0005, INCLUDING SITE PLAN, ARCHITECTURAL DESIGN AND LANDSCAPING FOR PLANNING AREAS 2, 3, AND 4 OF SILVERROCK SPECIFIC PLAN; LOCATION: SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET; CEQA: REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 2014-1003 AND NO FURTHER REVIEW IS REQUIRED RECOMMENDATION Adopt a Resolution to extend Site Development Permit 2016-0005 to December 20, 2020. EXECUTIVE SUMMARY •The Council approved this Site Development Permit (SDP) in October 2016; it expires at the end of this month. SilverRock Development Company (SDC) has requested a two-year extension. •The SDP includes site plan, architecture and landscape design for a 140-room luxury hotel, 29 hotel-branded residences, a spa, a meeting and conference center, and a shared service facility (Attachment 1). FISCAL IMPACT - None BACKGROUND/ANALYSIS The SDP approves a 140-room luxury hotel, 29 hotel-branded residences, a spa, a meeting and conference center, and a shared service facility in planning areas 2, 3, and 4 of the SilverRock Specific Plan located near the southwest corner of Avenue 52 and Jefferson Street (Attachments 2 and 3). On October 25, 2016, the Planning Commission approved the SDP and after the Planning Commission decision, the appellant filed an appeal to the City Council on the grounds that the City must enforce adopted mitigation measures that a temporary or permanent fence (barrier) be constructed to protect peninsular bighorn sheep (PBS) prior to the further advancement of the project. Council modified the Planning Commission’s SDP approval by adding a condition that required immediate construction of a temporary fence. The temporary fence was constructed in the Spring of 2017. BUSINESS SESSION ITEM NO. 5 253 The project is designed with midcentury modern architecture exhibited by low-rise buildings with clean, sharp horizontal and vertical planes, and large expanses of glass to take advantage of surrounding views. The site areas and development parameters are provided in the Table 1 below (please also see page A-1.0 of Attachment 3). Table 1 SDP 2016-0005 Development Parameters Planning Area # Acres Development Proposed 2 23.6 140 room hotel 13,083 s.f. spa building Restaurant (re-use of the Ahmanson House) 3 13.9 29 luxury-branded residences 4 9.1 7,279 s.f. Meeting Center 34,738 s.f. Conference Center 21,978 s.f. Shared Services Facility The hotel is proposed in Planning Area 2 as a 140-room resort complex arranged in clusters of units around the golf course, accessed by walkways for pedestrian and golf cart use. The hotel lobby and its associated pool area will provide the activity hub for the property, while the hotel units will be separated and remain a quiet enclave. A spa facility will be nestled against the mountains, northwest of the lobby area, and will provide a restful, quiet location for spa services. A luxury-branded residential development consisting of 29 independent residences is proposed in Planning Area 3 and arranged to provide expansive views of the golf course and mountains with access to hotel services. Parking for the residential units is provided within the cul-de-sac and is not dependent on the central parking area at the conference center. A meeting and conference center (in two building areas) and a shared service facility are proposed north of the hotel in Planning Area 4, and immediately south and adjacent to SilverRock Way. The meeting center is intended to house small, conference room facilities, while the conference center will accommodate larger groups. The shared services facility will provide a centralized “back of house” service facility for all current and future uses on the property. This area also centralizes all the parking for the project. 254 ENVIRONMENTAL REVIEW The proposed project was reviewed under the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department (Department) determined that the application is a “project” as defined by CEQA. However, the Department also found that Environmental Assessment 2014-1003 reviewed amended plans for the SilverRock Specific Plan, and that the currently proposed project is consistent with what was reviewed and approved in 2014. No substantial changes have been made to the project when compared to the 2014 analysis, and the previously approved Environmental Assessment 2014-1003, including its mitigation measures and Mitigation Monitoring and Reporting Program (Attachment 5), will be applied to the currently proposed project, thereby resulting in less than significant impacts to the environment. Furthermore, Condition of Approval CC-1 for the SDP (the Appeal Condition CC-1), places further specificity and hard deadlines for the construction of a temporary and permanent 8-foot fence or functional equivalent (barrier) for the protection of PBS. Appeal Condition CC-1 furthers the already resulting less than significant impacts to the environment through the mitigation measures attached to the SDP. ALTERNATIVES Council may deny the time extension request. Prepared by: Gabriel Perez, Planning Manager Approved by: Frank J. Spevacek, City Manager Attachments: 1. Project Information Form 2. Project Area Site Map 3. Site Development Permit Plan Set 255 256 RESOLUTION 2018 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016-0005 FOR CONSTRUCTION OF A 140 ROOM HOTEL, SPA, 29 HOTEL-BRANDED RESIDENCES, A MEETING CENTER, CONFERENCE CENTER AND SHARED SERVICES FACILITY WITHIN THE SILVERROCK SPECIFIC PLAN GENERALLY LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET CASE NUMBER: SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005, EXTENSION 1) APPLICANT: SILVERROCK DEVELOPMENT COMPANY, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 16th day of October, 2018, consider a request by SilverRock Development Company, LLC, for approval of first extension of time for a Site Development Permit for a hotel, spa, conference center and shared services facility generally located on the southwest corner of Jefferson Street and Avenue 52, more particularly described as: APN: 776-150-022, 777-490-011, 770-200-026, 776-150-021, 776-150-023, 777- 490-007, 777-490-001, 777-490-012, 777-490-014, 777-490-018 WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of December, 2016, hold a duly noticed Public Hearing to consider an appeal by Mr. Wayne Brechtel of SDP2016-0005 and the City Council modified the Planning Commission’s approval of the Site Development Permit; and, WHEREAS, the applicant, on the 10th day of October 2018, applied for a first time extension for Site Development Permit 2016-0005; and, WHEREAS, the Design and Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2014-1003 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was certified on November 4, 2014. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger 257 City Council Resolution 2018 - Site Development Permit 2018-0010 (SDP2016-0005, Extension 1) Adopted: October 16, 2018 Page 2 of 4 the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit time extension: 1. Consistency with General Plan and SilverRock Specific Plan The land use is consistent with the General Plan land use designation of Tourist Commercial. The proposed project is also consistent with the SilverRock Specific Plan, and implements the goals, policies and development standards of the Specific Plan. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and/or SilverRock Specific Plan, as applicable. The Site Development Permit has been conditioned to ensure compliance with the zoning standards and other supplemental standards as established in Title 9 of the La Quinta Municipal Code. 3. Compliance with California Environmental Quality Act (CEQA) The Design and Development Department has determined that this project is consistent with Environmental Assessment 2014-1003 and no further environmental review is required. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, and roof style are compatible with the architectural guidelines of the SilverRock Specific Plan and the quality of design prevalent in the city. 5. Site Design The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, 258 City Council Resolution 2018 - Site Development Permit 2018-0010 (SDP2016-0005, Extension 1) Adopted: October 16, 2018 Page 3 of 4 and exterior lighting, are consistent with the SilverRock Specific Plan and with the quality of design prevalent in the city. 6.Landscape Design Project landscaping, including, but not limited to, the location type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and enhance the visual continuity of the project. The landscape design will be consistent with the established landscape guidelines for the SilverRock Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. SECTION 2. That the Mitigated Negative Declaration and associated Mitigation Monitoring Program (Environmental Assessment 2014-1003) for the project was certified on November 4, 2014, and no changed circumstances or conditions are proposed, nor has any new information been submitted, which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. That it does hereby approve a first time extension to December 20, 2020, for Site Development Permit 2018-0010 (SDP 2016-0005, Extension 1), for the reasons set forth in this Resolution and subject to the attached Conditions of Approval and Exhibit A. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 16th day of October, 2018, by the following vote: AYES: NOES: 259 City Council Resolution 2018 - Site Development Permit 2018-0010 (SDP2016-0005, Extension 1) Adopted: October 16, 2018 Page 4 of 4 ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: __________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 260 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 1 of 17 GENERAL 1.The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2.Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: •Riverside County Fire Marshal •La Quinta Public Works Development Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) •Design & Development Department •Riverside Co. Environmental Health Department •Desert Sands Unified School District •Coachella Valley Water District (CVWD) •Imperial Irrigation District (IID) •California Water Quality Control Board (CWQCB) •State Water Resources Control Board •SunLine Transit Agency •SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 3.Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 4.The applicant shall comply with applicable provisions of the City’s NPDES 261 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 2 of 17 stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7- 2013-0011 and the State Water Resources Control Board’s Order No. 2009- 0009-DWQ and Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant’s SWPPP shall be approved by the City Engineer prior to any on or off-site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1)Temporary Soil Stabilization (erosion control). 2)Temporary Sediment Control. 3)Wind Erosion Control. 4)Tracking Control. 5)Non-Storm Water Management. 6)Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, 262 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 3 of 17 pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. G. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post- construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs is required. 5.Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 6.Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 7.Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R’s for the development or other agreements as approved by the City Engineer. 263 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 4 of 17 8.Pursuant to the aforementioned condition, conferred rights shall include property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities. 9.The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 10.The applicant shall offer for dedication on the Final Map all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 11.The applicant shall construct the following street improvements to conform with the General Plan and provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties and Development) for public streets. A.OFF-SITE STREETS 1)Construct right turn deceleration lane at all access points where there is a peak hour right-turn volume of 50vph. The deceleration lane length shall be as specified in Engineering Bulletin 06-13. 2)Jefferson Street (Major Arterial) - Construct a traffic signal or roundabout at the project entrance off Jefferson Street at such time that warrants are met. PARKING LOTS and ACCESS POINTS 12.The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A.The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. 264 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 5 of 17 C. Building access points shall be shown on the Precise Grading Plans so that ADA accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet in length with a 2-foot overhang for all parking stalls or as approved by the City Engineer. One van accessible handicapped parking stall is required per 6 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or as approved by the City Engineer. A minimum of 20 feet on each side of approach drives shall be provided where divided by median islands and as approved by the City Engineer. 13.The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Major Arterial 5.5" a.c./6.5" c.a.b. Residential 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (Low Traffic)3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic)4.5” a.c./5.5” c.a.b. Loading Areas 6” P.C.C./4” c.a.b. or the approved equivalents of alternate materials. 14.The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 265 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 6 of 17 15.Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 16.Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refers to persons currently certified or licensed to practice their respective professions in the State of California. 17.Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 18.The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A.On-Site Mass Grading Plan 1" = 100' Horizontal B.On-Site Rough Grading Plan 1” = 40’ Horizontal C.PM10 Plan 1” = 40’ Horizontal D. Final WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E.On-Site Street Improvements/ Signing & Striping/ Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical 266 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 7 of 17 (Separate Storm Drain Plans if applicable) F.On-Site Commercial Precise Grading 1" = 20' Horizontal (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. “On-Site Commercial Precise Grading” plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. “On-Site Commercial Precise Grading” plans shall normally include all on-site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 19.The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works “Plans, Notes and Design Guidance” section of the City website (www.laquintaca.gov). Please navigate to the Public Works home page and look for the Standard Drawings hyperlink. 20.The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 21.Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall 267 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 8 of 17 be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. GRADING 22.The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 23.Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 24.To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A.A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls), and E. A WQMP prepared by an authorized professional registered in the State of California, and F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. 268 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 9 of 17 All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 25.The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 26.Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 27.Building pad elevations on the precise grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the Site Development Permit Preliminary Grading Plans, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 28.Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5’) from the elevations shown on the Site Development Permit Preliminary Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 29.Prior to the issuance of a building permit for any building lot, the applicant 269 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 10 of 17 shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. 30.This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City’s Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 31.Stormwater handling shall conform with the approved hydrology and drainage report for SDP 2016-0001 SilverRock. Nuisance water shall be disposed of in an approved manner. 32.The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-15 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1-hour, 3-hour, 6-hour or 24-hour event producing the greatest total run off. 33.Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-15 - Underground Retention Basin Design Requirements. 270 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 11 of 17 34.No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 35.For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin or as approved by the City Engineer. 36.Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 37.The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ. A.For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B.The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit 271 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 12 of 17 Compliance for Whitewater River receiving water, as applicable. C.The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 38.The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 39.The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 40.Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 41.Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 42.The City will conduct final inspections of habitable buildings only when the buildings have parking lot improvements and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 272 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 13 of 17 LANDSCAPE AND IRRIGATION 43.The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 44.The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. 45.All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 46.The applicant shall submit final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Design and Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Design and Development Director. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Design and Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Design and Development Director shall review and approve any such revisions to the landscape plan. 47.All trees shall consist of, at minimum, 36-inch box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 48.A minimum of 50% of plantings classified “Shrubs, Perennials and Annuals” shall be provided as 5-gallon plants. This requirement shall be implemented on each Final Landscaping Plan submitted for review and approval to the City. 273 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 14 of 17 MAINTENANCE 49.The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 50.The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 51.The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 52.Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). CALIFORNIA ENVIRONMENTAL QUALITY ACT 53.All mitigation measures included in Environmental Assessment 2014-1003 shall apply to this project. 54.If Bighorn Sheep enter into the Project Site, an 8-foot fence (or the functional equivalent) between the development and the hillside shall be constructed. The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the City shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which Bighorn Sheep can be entangled. If the Agency transfers or disposes of any of the property adjacent to the hillside, the Agency shall reserve an easement sufficient for the construction of fencing if needed in the future. FIRE DEPARTMENT 55.Developer shall provide 20-foot Fire Department access to hotel guest rooms and spa buildings. Access shall comply with CFC Chapter 5 and Riverside County Code 787. 274 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 15 of 17 56.The Final Landscape Plan shall not include Texas Honey Mesquite (Prosopis Glandulosa) as a planting option for canopy or accent trees. Appeal Condition of Approval CC-1 A.City Council Authority. This condition to modify the original decision of the Planning Commission for Site Development Permit 2016-0005 is binding on the City pursuant to its police power and applicant pursuant to Section 9.200.120(D)(6) of the La Quinta Municipal Code and shall take effect immediately upon its adoption as part of the Appeal of Planning Commission Decision, Case No. Appeal 2016-0004 (Administrative Appeal). This condition is incorporated into the approval for Site Development Permit 2016-0005 by this reference, and all other conditions of approval set forth by the Planning Commission for Site Development Permit 2016-0005 remain in full force and effect. B.Intent. The intent of this condition is to protect Peninsular Big Horn Sheep from impacts related to the approximately 525 acres of property known as The SilverRock Resort pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Communities Conservation Plan (MSHCP), the Mitigation Monitoring Program included in the Mitigated Negative Declaration and Addendum for the SilverRock Resort Specific Plan (SRR Mitigation Measures), that certain Development Agreement dated November 19, 2014, by and between the SilverRock Development Company, LLC (Developer) and the City (the DA), and that certain Purchase, Sale, and Development Agreement dated November 19, 2014, by and between Developer and the City (the PSDA). C.Immediate Construction of Temporary Fencing. Within 15 days after the decision of the hearing of the Administrative Appeal, the City shall solicit bids for the construction of temporary fencing, and within 45 days of the bid solicitation, award a contract to the lowest responsible bidder. Within 21 days after the award to the lowest responsive and responsible bidder, construction of the temporary fencing shall commence. The completion of construction for the temporary fencing shall be as soon as possible after commencing construction, not to exceed a period of 30 days for total construction. Prior to the issuance of any grading, demolition, construction, or building permit, the construction of the temporary fencing shall be completed. For purposes of this condition, “temporary fencing” or “temporary fence” means an 8-foot high fence between the SilverRock Resort development and hillside as identified in the SilverRock Resort Fence Location Site Plan attached as Exhibit “A” to this condition and incorporated by reference (Fencing Site Plan). The temporary fencing shall have gaps that should be 11 centimeters (4.3 inches) or less, and shall not contain gaps in which Big Horn Sheep can be entangled. If and/ or when the City transfers or disposes of 275 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 16 of 17 any of the SilverRock Resort property adjacent to the hillside to the applicant, the City shall reserve an easement, and the applicant shall grant an easement, sufficient for the construction and maintenance of the temporary fencing until such time as the permanent fencing or functional equivalent (as described below) is completed. The temporary fencing on City-owned property at SilverRock Resort shall be maintained by the City and on Developer-owned property shall be maintained by Developer until such time as the permanent fencing or functional equivalent is completed. D.Construction of Permanent Fencing or Functional Equivalent. Prior to the issuance of a “grand opening” of the SilverRock Resort as improved pursuant to the DA and PSDA, construction of the permanent fencing or functional equivalent shall be completed. For purposes of this condition, “permanent fencing or functional equivalent” or “permanent fence” means an 8-foot high fence or other barrier that prevents Big Horn Sheep from accessing SilverRock Resort, constructed of durable material or natural landscaping elements approved by U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and Coachella Valley Conservation Commission, City and applicant in a location that, upon completion of construction, will be within 1-10 feet of the temporary fence line as identified on the Fencing Site Plan, unless all approving parties agree to an alternative alignment. The permanent fence shall have gaps that should be 11 centimeters (4.3 inches) or less, and shall not contain gaps in which Big Horn Sheep can be entangled. If and/or when the City transfers or disposes of any of the SilverRock Resort property adjacent to the hillside to the applicant, the City shall reserve an easement, and the applicant shall grant an easement, sufficient for access, construction and maintenance of the permanent fence. The permanent fence on City-owned property at SilverRock Resort shall be maintained by the City and on Developer- owned property shall be maintained by Developer. For purposes of this condition, “grand opening” of the SilverRock Resort means the opening to the general public of the new resort improvements consisting of the Luxury Hotel, Lifestyle Hotel, Conference and Shared Service Facility, Resort Residential Village, and dwelling unit that are part of the Luxury Branded Residential Development, Lifestyle Branded Residential Development, Promenade Mixed-Use Development, or Resort Residential Village (all as those terms are defined in the PSDA). The anticipated date of the grand opening for reference purposes only is May 2019. E.Periodic Review for Environmental Impacts. After the completion of construction of the temporary fencing and until the completion of construction of the permanent fence, the City and applicant shall coordinate with the U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and/or Coachella Valley Conservation Commission (collectively, the other governmental agencies) to review the effectiveness of the temporary fencing and final design of the permanent 276 CITY COUNCIL RESOLUTION 2018 - CONDITIONS OF APPROVAL – RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005 EXTENSION 1) SILVERROCK RESORT ADOPTED: Page 17 of 17 fencing. If the review indicates that fence modifications, such as additional height or reinforcement, are required to protect bighorn sheep, the modifications shall be implemented. If review of environmental impacts advocates for a relocation of the temporary fencing or permanent fencing or use of some type of functional equivalent to protect Bighorn Sheep, the alternative location or method of protecting Bighorn sheep may be considered and used by the City and/or the applicant only if they are first approved by U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and Coachella Valley Conservation Commission. F.Enforcement. This “CONDITION OF APPROVAL FOR ADMINISTRATIVE APPEAL 2016-0004, SRR SITE DEVELOPMENT PERMIT 2016-0005 (“Appeal Condition”) may be enforced by the Appellants Sierra Club and Center for Biological Diversity. Enforcement shall be limited to an action in Superior Court to compel performance. Appeal Condition of Approval CC-2 The City Council authorizes City Staff to immediately solicit bids with specifications consistent with Appeal Condition of Approval CC-1 (above) for the temporary fencing. 277 278 279 280 Project Information CASE NUMBER: SITE DEVELOPMENT PERMIT 2018-0010 (SDP 2016-0005, EXTENSION 1) APPLICANT: SILVERROCK DEVELOPMENT COMPANY LLC PROPERTY OWNER: CITY OF LA QUINTA LANDSCAPE ARCHITECT: BURTON LANDSCAPE ARCHITECTURE STUDIO ARCHITECT: GENSLER REQUEST: ADOPT A RESOLUTION APPROVING A TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016- 0005, INCLUDING THE SITE PLAN, ARCHITECTURAL DESIGN AND LANDSCAPING FOR PLANNING AREAS 2, 3 AND 4 OF THE SILVERROCK SPECIFIC PLAN. LOCATION: SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET GENERAL PLAN DESIGNATION: TOURIST COMMERCIAL, OPEN SPACE - RECREATION ZONING DESIGNATION: TOURIST COMMERCIAL, GOLF COURSE SURROUNDING ZONING/LAND USES:NORTH: GOLF COURSE (WITHIN THE SILVERROCK PROJECT) SOUTH: GOLF COURSE (WITHIN THE SILVERROCK PROJECT) WEST: OPEN SPACE (SANTA ROSA MOUTAINS) EAST: GOLF COURSE (WITHIN THE SILVERROCK PROJECT) ATTACHMENT 1 281 282 52ND AVEJEFFERSON ST¯ Attachment 2 Project Area Site Map SDP2016-0005 0 0.1 0.2 0.3 0.40.05 Miles Legend SDP2016-0005 SilverRock Specific Plan ATTACHMENT 2 283 284 ATTACHMENT 3 TO BUSINESS SESSION ITEM NO. 5 IS AVAILABLE TO VIEW AS A SEPARATE DOCUMENT CC 2018-10-16 BI-L SRR SDP 2018-0010 (SDP 2016-0005, EXTENSION 1) SILVERROCK RESORT City of La Quinta CITY COUNCIL MEETING: October 16, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016-0009, INCLUDING SITE PLAN, ARCHITECTURAL DESIGN AND LANDSCAPING FOR A 200-KEY HOTEL, NEW GOLF COURSE CLUBHOUSE, 10 GOLF VILLAS, AND A RESORT RESIDENTIAL DEVELOPMENT WITHIN PLANNING AREAS 5, 6, AND 10A OF THE SILVERROCK SPECIFIC PLAN; LOCATION: SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET; CEQA: REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 2014-1003 AND NO FURTHER REVIEW IS REQUIRED RECOMMENDATION Adopt a Resolution to extend Site Development Permit 2016-0009 to January 3, 2021. EXECUTIVE SUMMARY •The Council approved this Site Development Permit (SDP) in January 2017; it expires in January 2019. SilverRock Development Company, LLC (SDC) has requested a two-year extension. •The SDP includes site plan, architecture and landscape design for a 200-key hotel, new golf course clubhouse, 10 golf villas, and a 66-unit condominium development for Planning Areas 5, 6, and 10A (Attachment 1). FISCAL IMPACT – None BACKGROUND/ANALYSIS The SDP is a proposal for a 200-key hotel, a new golf course clubhouse, 10 golf villas, and a 66-unit condominium development in planning areas 5, 6, and 10A of the SilverRock Specific Plan located near the southwest corner of Avenue 52 and Jefferson Street (Attachment 2 and 3). The project incorporates midcentury modern architecture, exhibited by low-rise buildings with clean, sharp horizontal and vertical planes, and large expanses of glass to take advantage of surrounding views. The site areas and development parameters are outlined in Table 1. BUSINESS SESSION ITEM NO. 6 377 Table 1 SDP2016-0009 Development Parameters Planning Area Size (Acres) Proposed Development 5 13.3 200-key Lifestyle Hotel 10A 6.9 Golf Clubhouse; 10 Golf Villas 6 10.3 66-Unit Lifestyle Branded Residential The Lifestyle Hotel (Planning Area 5) will be 200-key resort complex rather than a single hotel building. The lobby building consists of a reception area, a restaurant/bar, and fitness center. Walkways lead from the lobby to the hotel guestrooms within multiple three-story buildings. The pool area is located south of the lobby. The tennis facility, with four standard courts and one stadium court, is located north of the lobby. A golf course clubhouse is proposed southeast of the lifestyle hotel in Planning Area 10A. The clubhouse is comprised of two buildings; one consisting of a lounge and kitchen facility, and the other consisting of the pro shop, office, and golf cart barn. The Golf Villas (Villas) consist of 10 condominium units located in Planning Area 10A, adjacent to the clubhouse to be placed in the hotel rental pool. Amenities include a pitch and putt golf course and multiple fire pits. A parking area is provided within the Villas area, and is not dependent on the centralized shared parking area. A lifestyle-branded residential development consisting of 11 three-story buildings with two- and three-bedroom units is proposed south of the Villas, across the existing canal. Amenities include two pitch n’ putt golf courses and a pool area with a sand beach, bar, and water slide. Similar to the Villas, the branded residential units are condominiums available within hotel rental pool. The project proposes 708 parking stalls that accommodate parking demand of 707 parking stalls from the project parking analysis. ENVIRONMENTAL REVIEW The proposed project was reviewed under the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department (Department) determined that the application is a “project” as defined by CEQA. However, the Department also found that Environmental Assessment 2014-1003 reviewed amended plans for the SilverRock Specific Plan, and that the currently proposed project is consistent with what was reviewed and approved in 2014. No substantial changes have been made to the project when compared to the 2014 analysis, and the previously approved 378 Environmental Assessment 2014-1003, including its mitigation measures and Mitigation Monitoring and Reporting Program, will be applied to the currently proposed project, thereby resulting in less than significant impacts to the environment. Furthermore, Condition of Approval CC-1 for the SDP (the Appeal Condition CC-1), places further specificity and hard deadlines for the construction of a temporary and permanent 8-foot fence or functional equivalent (barrier) for the protection of peninsular bighorn sheep. ALTERNATIVES Council may deny the time extension request. Prepared by: Gabriel Perez, Planning Manager Approved by: Frank J. Spevacek, City Manager Attachments: 1. Project Information Form 2. Project Area Site Map 3. Site Development Permit Plan Set 379 380 RESOLUTION 2018 – 052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016-0009 FOR CONSTRUCTION OF A 200-KEY HOTEL, NEW GOLF COURSE CLUBHOUSE, 10 GOLF VILLAS, AND A RESORT RESIDENTIAL DEVELOPMENT WITHIN PLANNING AREAS 5, 6, AND 10A OF THE SILVERROCK SPECIFIC PLAN GENERALLY LOCATED ON THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 52 CASE NUMBER: SITE DEVELOPMENT PERMIT 2018-0011 (SDP2016-0009, EXTENSION NO. 1) APPLICANT: SILVERROCK DEVELOPMENT COMPANY, LLC WHEREAS, the City of La Quinta of the City of La Quinta, California did, on the 16th day of October, 2018, consider a request by SilverRock Development Company, LLC, for approval of first extension of time for a Site Development Permit for a hotel, new golf course clubhouse, 10 golf villas, and a 66-unit condominium development generally located on the southwest corner of Jefferson Street and Avenue 52, more particularly described as: APNs: 777-060-056, 777-490-001, 777-490-003, 777-490-005, 777-490-006, 777-490-011, 777-490-013 WHEREAS, City Council of the City of La Quinta, California did, on the 3rd day of January, 2017, approved Site Development Permit 2016-0009 and made findings of consistency with Environmental Assessment 2014- 0003; and WHEREAS, the applicant, on the 10th day of October 2018, applied for a first time extension for Site Development Permit 2016-0009; and, WHEREAS, the Design and Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2014-1003 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was certified on November 4, 2014. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger 381 COUNCIL MEETING - OCTOBER 16, 2018; HAND-OUT BY STAFF BUSINESS SESSION ITEM NO. 6 - SDP 2016-0009 TIME EXTENSION SILVERROCK RESORT City Council Resolution 2018 - Site Development Permit 2018-0011 (SDP 2016-0009 Ext 1) Adopted: October 16, 2018 Page 2 of 4 the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166; and WHEREAS, at said meeting, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit time extension: 1. Consistency with General Plan and SilverRock Specific Plan The land use is consistent with the General Plan land use designation of Tourist Commercial. The proposed project is also consistent with the SilverRock Specific Plan, and implements the goals, policies and development standards of the Specific Plan. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and/or SilverRock Specific Plan, as applicable. The SDP has been conditioned to ensure compliance with the zoning standards and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with California Environmental Quality Act (CEQA) The Design and Development Department has determined that this project is consistent with Environmental Assessment 2014-1003 and no further environmental review is required. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, and roof style are compatible with the architectural style of SDP 2016-0005, and the quality of design prevalent in the city. 5. Site Design The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, and exterior lighting, are consistent with the SilverRock Specific Plan and with the quality of design prevalent in the city. 382 City Council Resolution 2018 - Site Development Permit 2018-0011 (SDP 2016-0009 Ext 1) Adopted: October 16, 2018 Page 3 of 4 6. Landscape Design Project landscaping, including, but not limited to, the location type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and enhance the visual continuity of the project. The landscape design will be consistent with the established landscape guidelines for the SilverRock Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. SECTION 2. That the Mitigated Negative Declaration and associated Mitigation Monitoring Program (Environmental Assessment 2014-1003) for the project was certified on November 4, 2014, and no changed circumstances or conditions are proposed, nor has any new information been submitted, which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. That the City Council does hereby approve a first time extension to January 3, 2021 for Site Development Permit 2018-0011 (SDP 2016- 0009, extension 1) for the reasons set forth in this Resolution and subject to the attached Conditions of Approval and Exhibit A. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 16th day of October, 2018, by the following vote: AYES: NOES: ABSENT: 383 City Council Resolution 2018 - Site Development Permit 2018-0011 (SDP 2016-0009 Ext 1) Adopted: October 16, 2018 Page 4 of 4 ABSTAIN: _____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: __________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 384 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 1 of 20 *(Planning Commission recommended conditions of approval of December 27, 2016 identified with an asterisk) GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The Site Development Permit shall expire on December 27, 2018 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Development Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • Design & Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • State Water Resources Control Board • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements 385 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 2 of 20 include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. Coverage under the State of California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 5. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2012-0006- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant’s SWPPP shall be approved by the City Engineer prior to any on or off-site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 386 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 3 of 20 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. G. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required; and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post- construction BMPs is required. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to 387 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 4 of 20 review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R’s for the development or other agreements as approved by the City Engineer. 9. Pursuant to the aforementioned condition, conferred rights shall include property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities. 10. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, crossings, or other encroachments will occur. 11. The applicant shall offer for dedication on the Final Map all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 12. The applicant shall construct the following street improvements to conform with the General Plan and provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - 388 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 5 of 20 Generally) & 13.24.100 (Access For Individual Properties and Development) for public streets. A. OFF-SITE STREETS 1) Construct right turn deceleration lane at all access points where there is a peak hour right-turn volume of 50 vehicles per hour. The deceleration lane length shall be as specified in Engineering Bulletin 06-13. 2) Jefferson Street (Major Arterial) - Construct a traffic signal or roundabout at the entrance off Jefferson Street at such time that warrants are met. PARKING LOTS and ACCESS POINTS 13. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans so that ADA accessibility issues can be evaluated. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 18 feet in length with a 2-foot overhang for all parking stalls or as approved by the City Engineer. One van accessible handicapped parking stall is required per 6 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet or 389 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 6 of 20 as approved by the City Engineer. A minimum of 20 feet on each side of approach drives shall be provided where divided by median islands and as approved by the City Engineer. 14. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Major Arterial 5.5" a.c./6.5" c.a.b. Parking Lot & Aisles (Low Traffic)3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic)4.5” a.c./5.5” c.a.b. Loading Areas 6” P.C.C./4” c.a.b. or the approved equivalents of alternate materials. 15. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 16. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 17. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS 390 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 7 of 20 As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refers to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 19. The following improvement plans shall be prepared and submitted for review and approval by the Design and Development Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On-Site Mass Grading Plan 1" = 100' Horizontal B. On-Site Rough Grading Plan 1” = 40’ Horizontal C. PM10 Plan 1” = 40’ Horizontal D. Erosion Control Plan 1” = 40’ Horizontal E. Final WQMP (Plan submitted in Report Form) NOTE: A through E to be submitted concurrently. F. On-Site Street Improvements/ Signing & Striping/ Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical (Separate Storm Drain Plans if applicable) 391 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 8 of 20 G. On-Site Commercial Precise Grading 1" = 20' Horizontal (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. “On-Site Commercial Precise Grading” plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. “On-Site Commercial Precise Grading” plans shall normally include all on-site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. All On-Site Signing & Striping Plans shall show, at a minimum, Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of one (1) -foot of cover, or sufficient cover to clear any adjacent obstructions. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Public Works “Plans, Notes and Design Guidance” section of the City website (www.la-quinta.org). Please navigate to the Public Works home page and look for the Standard Drawings hyperlink. 21. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 392 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 9 of 20 22. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer of Record (EOR) during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the EOR may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. GRADING 23. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 24. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 25. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls), 393 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 10 of 20 E. A WQMP prepared by an authorized professional registered in the State of California, and F. A grading bond in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the grading bond requirements. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 26. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 27. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six feet (6’) adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one- half inches (1.5") in the first eighteen inches (18") behind the curb. 28. Building pad elevations on the precise grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the Site Development Permit Preliminary Grading Plans, unless the pad 394 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 11 of 20 elevations have other requirements imposed elsewhere in these Conditions of Approval. 29. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5’) from the elevations shown on the Site Development Permit Preliminary Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 30. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. 31. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City’s Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 32. Stormwater handling shall conform with the approved hydrology and drainage report for SDP 2016-0001 SilverRock. Nuisance water shall be disposed of in an approved manner. 33. The applicant shall comply with the provisions of LQMC Section 395 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 12 of 20 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1-hour, 3-hour, 6- hour or 24-hour event producing the greatest total run off. 34. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 35. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 36. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin or as approved by the City Engineer. 37. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 38. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality 396 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 13 of 20 Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2010-0014-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 39. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 40. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above- ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 41. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 397 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 14 of 20 42. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 43. The City will conduct final inspections of habitable buildings only when the buildings have parking lot improvements and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 44. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 45. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. 46. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 47. The applicant shall submit final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process. Design and Development Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Director determines extenuating circumstances exist which justify an 398 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 15 of 20 alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Design and Development Director. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Design and Development Department a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Design and Development Director shall review and approve any such revisions to the landscape plan. 48. All trees shall consist of, at minimum, 36-inch box trees (i.e., a minimum 2.5-inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 49. A minimum of 50% of plantings classified “Shrubs, Perennials and Annuals” shall be provided as 5-gallon plants. This requirement shall be implemented on each Final Landscaping Plan submitted for review and approval to the City. MAINTENANCE 50. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 51. The applicant shall make provisions for the continuous and perpetual maintenance of all private on-site improvements, perimeter landscaping, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 52. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. 399 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 16 of 20 Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 53. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). FIRE DEPARTMENT 54. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 55. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 56. All Fire Department Appliances such as, FDCs and PIVs shall be located on the front access side of the building. PIV and FDC appliances shall not less than 40’ from the building and within 50’ of an approved roadway and no more than 200’ from an approved hydrant. 57. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. Required order forms and installation standards may be obtained at the Fire Department. 58. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 400 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 17 of 20 59. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in height for building(s) up to 25’ in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 60. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. 61. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. CALIFORNIA ENVIRONMENTAL QUALITY ACT (BIG HORN SHEEP FENCING) 62. Intent. The intent of this condition is to protect Peninsular Big Horn Sheep from impacts related to the approximately 525 acres of property known as The SilverRock Resort pursuant to the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Communities Conservation Plan (MSHCP), the Mitigation Monitoring Program included in the Mitigated Negative Declaration and Addendum for the SilverRock Resort Specific Plan (SRR Mitigation Measures), that certain Development Agreement dated November 19, 2014, by and between the SilverRock Development Company, LLC (Developer) and the City (the DA), and that certain Purchase, Sale, and Development Agreement dated November 19, 2014, by and between Developer and the City (the PSDA). Immediate Construction of Temporary Fencing. Within 15 days after the decision SDP 2016-0009, if not already commenced, the City shall solicit bids for the construction of temporary fencing, and within 45 days of the bid solicitation, award a contract to the lowest responsible bidder. Within 21 days after the award to the lowest responsive and responsible bidder, construction of the temporary fencing shall 401 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 18 of 20 commence. The completion of construction for the temporary fencing shall be as soon as possible after commencing construction, not to exceed a period of 30 days for total construction. Prior to the issuance of any grading, demolition, construction, or building permit, the construction of the temporary fencing shall be completed. For purposes of this condition, “temporary fencing” or “temporary fence” means an 8-foot high fence between the SilverRock Resort development and hillside as identified in the SilverRock Resort Fence Location Site Plan attached as Exhibit “A” to this condition and incorporated by reference (Fencing Site Plan). The temporary fencing shall have gaps that should be 11 centimeters (4.3 inches) or less, and shall not contain gaps in which Big Horn Sheep can be entangled. If and/or when the City transfers or disposes of any of the SilverRock Resort property adjacent to the hillside to the applicant, the City shall reserve an easement, and the applicant shall grant an easement, sufficient for the construction and maintenance of the temporary fencing until such time as the permanent fencing or functional equivalent (as described below) is completed. The temporary fencing on City-owned property at SilverRock Resort shall be maintained by the City and on Developer-owned property shall be maintained by Developer until such time as the permanent fencing or functional equivalent is completed. Construction of Permanent Fencing or Functional Equivalent. Prior to the issuance of a “grand opening” of the SilverRock Resort as improved pursuant to the DA and PSDA, construction of the permanent fencing or functional equivalent shall be completed. For purposes of this condition, “permanent fencing or functional equivalent” or “permanent fence” means an 8-foot high fence or other barrier that prevents Big Horn Sheep from accessing SilverRock Resort, constructed of durable material or natural landscaping elements approved by U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and Coachella Valley Conservation Commission, City and applicant in a location that, upon completion of construction, will be within one (1) to ten (10) feet of the temporary fence line as identified on the Fencing Site Plan, unless all approving parties agree to an alternative alignment. The permanent fence shall have gaps that should be 11 centimeters (4.3 inches) or less, and shall not contain gaps in which Big Horn Sheep can be entangled. If and/or when the City transfers or disposes of any of the SilverRock Resort property 402 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 19 of 20 adjacent to the hillside to the applicant, the City shall reserve an easement, and the applicant shall grant an easement, sufficient for access, construction and maintenance of the permanent fence. The permanent fence on City-owned property at SilverRock Resort shall be maintained by the City and on Developer-owned property shall be maintained by Developer. For purposes of this condition, “grand opening” of the SilverRock Resort means the opening to the general public of the new resort improvements consisting of the Luxury Hotel, Lifestyle Hotel, Conference and Shared Service Facility, Resort Residential Village, and dwelling units that are part of the Luxury Branded Residential Development, Lifestyle Branded Residential Development, Promenade Mixed-Use Development, or Resort Residential Village (all as those terms are defined in the PSDA). The anticipated date of the grand opening for reference purposes only is May 2019. Periodic Review for Environmental Impacts. After the completion of construction of the temporary fencing and until the completion of construction of the permanent fence, the City and applicant shall coordinate with the U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and/or Coachella Valley Conservation Commission (collectively, the other governmental agencies) to review the effectiveness of the temporary fencing and final design of the permanent fencing. If the review indicates that fence modifications, such as additional height or reinforcement, are required to protect bighorn sheep, the modifications shall be implemented. If review of environmental impacts advocates for a relocation of the temporary fencing or permanent fencing or use of some type of functional equivalent to protect Bighorn Sheep, the alternative location or method of protecting Bighorn sheep may be considered and used by the City and/or the applicant only if they are first approved by U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and Coachella Valley Conservation Commission. Enforcement. This condition of approval may be enforced by the Appellants Sierra Club and Center for Biological Diversity pursuant to Appeal Condition of Approval CC-1 from ADMINISTRATIVE APPEAL 2016-0004, SRR SITE DEVELOPMENT PERMIT 2016-0005 (“Appeal Condition”). Enforcement shall be limited to an action in Superior Court to compel performance. 403 CITY COUNCIL RESOLUTION 2018- EXHIBIT A CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016-0009 EXTENSION 1) SILVERROCK RESORT (SILVERROCK DEVELOPMENT COMPANY, LLC) ADOPTED: Page 20 of 20 *63. Prosopis Glandulosa (Texas Honey Mesquite) trees shall be removed as a landscape option in the plant legend for SDP2016-0009. *64. Vertical landscape elements shall be included in landscape areas adjacent to three-story buildings of the lifestyle hotel in Planning Area 5 and the lifestyle branded condominiums in Planning Area 6. *65. The applicant shall introduce building material colors that are compatible with the color hues of the adjacent mountains of the SilverRock Resort. *66. A room dimension and square foot analysis shall be prepared by the applicant for lifestyle hotel room options. *67. Applicant shall redesign the golf clubhouse within the allotted space for optimal clubhouse and golf cart function. The redesign of the clubhouse shall include input from clubhouse operators and study of other clubhouses. The proshop shall be redesigned to maximize revenue for the City of La Quinta by the allocation of merchandising elements and enhancement of views to the first and tenth tees. The lounge design shall be designed as a dining venue that serves as a destination for golfers, visitors and City residents. 404 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County RCIT GIS 1,265 Feet Legend Attachment A: SilverRock Temporary Chain Link Fence Approximately 6,300 lineal feet Notes 6320 REPORT PRINTED ON...11/22/2016 8:58:09 AM Tradition to CVWD Canal Display Parcels roadsanno highways HWY INTERCHANGE INTERSTATE OFFRAMP ONRAMP USHWY counties cities hydrographylines waterbodies Lakes Rivers CC RESOLUTION NO. 2018-XXX EXHIBIT A 405 406 Project Information CASE NUMBER: SITE DEVELOPMENT PERMIT 2018-0011 (SDP 2016- 0009 EXTENSION 1) APPLICANT: SILVERROCK DEVELOPMENT COMPANY, LLC PROPERTY OWNER: CITY OF LA QUINTA LANDSCAPE ARCHITECT: BURTON LANDSCAPE ARCHITECTURE STUDIO ARCHITECT: GENSLER REQUEST: ADOPT A RESOLUTION APPROVING TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016- 0009, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR A 200-KEY HOTEL, NEW GOLF COURSE CLUBHOUSE, TEN GOLF VILLAS, AND A RESORT RESIDENTIAL DEVELOPMENT WITHIN PLANNING AREAS 5, 6, AND 10A OF THE SILVERROCK SPECIFIC PLAN LOCATION: SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET GENERAL PLAN DESIGNATION: TOURIST COMMERCIAL, OPEN SPACE - RECREATION ZONING DESIGNATION: TOURIST COMMERCIAL, GOLF COURSE SURROUNDING ZONING/LAND USES:NORTH: GOLF COURSE (WITHIN THE SILVERROCK PROJECT) SOUTH: GOLF COURSE (WITHIN THE SILVERROCK PROJECT) WEST: OPEN SPACE (SANTA ROSA MOUTAINS) EAST: GOLF COURSE (WITHIN THE SILVERROCK PROJECT) ATTACHMENT 1 407 408408 54TH AVE CITRUS ADAMS STAVENUE 52 JEFFERSON STLIGA52ND AVE RIVIERA VILLAGE CLUB DRVIA CAPRI AVENIDA NUESTRA DEACON DR E VIA PALACIOOAK HILL VIA STRADAPEERLESS PLVIA SORRENTOVIA PONTITOTANGELOP O M O PGA BLVDVIA CHIANTECITATION CTCity of La Quinta Design and Development Department SilverRock Resort Phase TwoProject Area Site Map December 27, 2016 ® Planning Division ATTACHMENT 2 409 410 ATTACHMENT 3 TO BUSINESS SESSION ITEM NO. 6 IS AVAILABLE TO VIEW AS A SEPARATE DOCUMENT CC 2018-10-16 BI-5 SRR SDP 2018-0011 (SDP 2016-0009, EXTENSION 1) SILVERROCK RESORT City of La Quinta CITY COUNCIL MEETING: STAFF REPORT AGENDA TITLE: UPDATE ON COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN RECOMMENDATION Receive and file update on the Coachella Valley Multiple Species Conservation Plan. EXECUTIVE SUMMARY •The Coachella Valley has a legacy of collaborative efforts to ensure conservation of desert species and natural open spaces. •A 1986 Habitat Conservation Plan for the Coachella Valley Fringe-toed Lizard was the first of its kind in the nation. •Through conservation planning the Coachella Valley has been able to streamline approval of freeways, roads, water infrastructure, and other development while protecting natural open space, and plants and animals unique to our region. •The Coachella Valley Multiples Species Habitat Conservation Plan has helped acquire and conserve over 93,000 acres and ensure conservation of rare and endangered plants and animals. FISCAL IMPACT - None BACKGROUND/ANALYSIS The Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) is celebrating ten years of balancing conservation and development in the Coachella Valley. This visionary plan, approved in October 2008, is overseen by the Coachella Valley Conservation Commission (CVCC). La Quinta is represented by Mayor Evans who serves as Vice Chair of the CVCC. Dr. Cameron Barrows, of UC Riverside’s Center for Conservation Biology will present a brief review of “More than Three Decades of Conservation in the Coachella Valley”. Both the CVMSHCP and the original Fringe-toed Lizard Habitat Conservation Plan were developed through the collaborative efforts of valley cities, the Coachella Valley Association of Governments, state and federal agencies and many other partners. The presentation will review how these conservation plans were started, what has been accomplished to date, and the economic benefits of conservation planning. Prepared by: Dr. Cameron Barrows Approved by: Frank J. Spevacek, City Manager STUDY SESSION ITEM NO. 1 493 494 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Angela Ferreira, Management Specialist DATE: October 16, 2018 SUBJECT: SHUMWAY RANCH CARETAKER HOUSE UPDATE The Coachella Valley Mountains Conservancy (CVMC) engaged the City to assess the feasibility of rehabilitating the Shumway Ranch Caretaker House. In March 2018, the CVMC contacted the City requesting assistance with assembling a team to identify the costs and benefits of rehabilitating a 1970’s era house on the Ranch; CVMC is contemplating rehabilitating this building to use as meeting space and a caretaker’s residence. Their rationale for contracting with the City is that it is faster and more cost effective to have a local entity contract for these services rather than the State of California. CVMC covers all Staff and consultant costs. Council authorized Staff to work with the CVCC on this endeavor. There are four phases to this assessment: •Phase One – Identify the Assessment Team. Qualification statements and fee schedules were solicited from architects, structural engineers, plumbing and mechanical engineers, electrical engineers, environmental consultants, and termite inspection specialists for CVMC consideration and approval. This Phase is complete at a cost of $4,800. •Phase Two: Building and Infrastructure Assessment. The CVMC is ready to initiate this phase employing the Team identified in Phase One. The Team will evaluate the condition of the building and supporting infrastructure, and provide findings including recommendations on whether to rehabilitate the structure or demolish and build a new structure. This Phase will cost $28,100. •Phase Three: Findings and Recommendations. The Tallman Group (TMG) is managing this engagement. The Team will submit their Phase Two findings and recommendations to TMG, who will then summarize their findings and prepare a scope and phasing plan for the recommended improvements. This Phase would cost $3,200. DEPARTMENTAL REPORT ITEM NO. 1 495 •Phase Four (Optional): TMG would work directly with CVCM to generate a design-build package that is consistent with the recommendations and scope as identified in Phase Three. This Phase would cost $9,800. The CVCM staff has scheduled the proposed Phase Two and Three scope of services for CVMC Board consideration on November 19, 2018. If the Board approves the scope, the City would then enter into contracts with CVMC and the consultants for these services. Per the Purchasing and Contracting Policy, the City issued a purchase order for the Phase One services and has since been reimbursed. 496 DEPARTMENTAL REPORT ITEM NO. 4-A 497 498 499 500 501 502 La Quinta Public LibraryQuarter Report Circulation (5 years)* 2018 2017 2016 2015 2014 0100002000030000 July August September Month# of ItemsDoor Count (5 years)* 2018 2017 2016 2015 2014 0 10000 20000 July August September MonthPatrons The Riverside County Library System(RCLS) card is free and is good at theother 39 RCLS locations and the twobookmobiles. After three years, the privilege expiresand patrons must renew their informationin person. If a card is lost there is a small fee toreplace it. New Library Cards (3 Years) 2018 2017 2016 0 50 100 150 200 250 July August September MonthPatrons715 HOURS OPENED43,709 RCLS Active Cards The Library received a thermaldoor counter in late April 2017 thatcan now accurately count patronsas they come and go to get theirbooks and participate in programs. July 1, 2018 - September 30, 2018 Circulation numbers include Self-Check *Library was closed for renovations September, 2015 DEPARTMENTAL REPORT ITEM NO. 4-B 503 Reference QuestionsA librarian is an expert in information retrieval.Currently there are 4 professional librariansworking at the Library. All library staff have been trained to properlyanswer questions regarding directions, thecollections, services and other kinds ofinformation.6,644 Questions Library Catalog10,992 Logins 4,671 Holds Placed Online 39 Online Registrations The Library's online PAC (publicaccess catalog) system was accessedby patrons who checked their account information, utilized databases and acquired other types of information. In addition, they were able to place items on hold to be picked up at a later date and register for a library card online. Public WiFi 1,552 Users 4,003 Sessions Patrons are able to log into the Library's free wireless service. Anyone can use their electronic device such as cell phone, tablet or lap top computers. Public Computers There are 28 publiccomputers that areavailable to all ages. 3,648 Sessions This Quarter 504 Volunteers & FriendsVolunteers help with programs,special events, shelving andperform a myriad of other tasksto help library staff. Friends of the Libraryvolunteers fundraise throughbook sales and help at specialevents. Volunteers12 1st Hours247 Book Clubs Patrons, from 9 to 99+, can join a book club at the library. Tweens have their book club twice a month while adults and teens meet once a month. There are three book clubs for adults: traditional, patron choice and older adult. The older adult book club meets at the Palms Gracious Retirement Living facility. Tweens: Teens: Adults: 8/33 3/10 15/43 sessions/attendance sessions/attendance sessions/attendance HispanicHeritageCelebration Saturday, September 15 342 attendees *Performances by Ballet Folklorico and Mariachis *Crafts and Loteria games 505 Teen Programs 11 programs with 77 participating 18 programs 55 attended Tween Programs Adult Programs Age Appropriate Programs 12 programs with 44 participating Book Babies Story TimePrograms12 &Participants247 Preschool Story Time Programs10 &Participants221 Story times are held for babies, ages 0 to 2 years old and for preschoolers, ages 2 to 5 years old. They are held respectively each Tuesday and Thursday at 10 a.m. and 11 a.m. 506 Senior Outreach Partnership with The Palms of La Quinta to offer book club twice amonth to The PalmsIndependent RetirementLiving Community and a new program to deliverbooks to individuals at ThePalms Assisted Livingcommunity twice a month. Assisted Living Outreach 42 individual visits 85 items circulated this quarter Independent Living Book Club 47 participants 97 items circulated this quarter New programs for Seniors starting in September! An opportunity to give the Library Branch Manager feedback. Baby Boomer Bingo 2nd Friday of the month at 10:30am Prizes provided by the Friends of the La Quinta Library Coffee, Craft and Conversation 4th Friday of the month at 10:30am Free crafts courtesy of the Friends of the La Quinta Library Coffee and bagels provided by Panera of La Quinta! 11 attende e s i n September 507 Open 35 days 273.5 open hours Coachella Valley's First Makerspace! Opened July 30, 2018 70 completed interest forms 4 events/86 attendees 508 La Quinta Museum Quarterly ReportJuly 1, 2018 - September 30, 2018 450 5 497 11 Exhibit 1725 EventsPrograms TOTAL 778 Heartbreak in Peanuts & LOL: History of Humor KONTAXIS! & Chairs for Charity Bear in Mind & The Art of the Shack GEN Z: This is Me & Local COLOR 2018 DEPARTMENTAL REPORT ITEM NO. 4-C 509 Adult Coloring Club Brown Bag TED Talk Let's Talk Programs The Museum provides basic supplies and coloring pages. The Club meets every Friday. This program has been running since Summer of 2015. A TED Talk is shown on the big screen in the Community Room. Guests bring their lunch and then a discussion follows the screening. The Museum provides beverages and dessert for the guests. Let's Talk is a community engagement program where we invite experts to talk to our community about relevant topics. July: Maureen Perry of the Coachella Valley Water District August: Energy efficiency, Imperial Irrigation District STITCH Fiber Group Knitters, weavers and stitchers bring their own projects to share ideas and inspire one another. Weather permitting, the stitchers can be found working on their handiwork in the Museum Courtyard. Mah Jongg @ the Museum Saturday Mah Jongg is an opportunity for players of all levels to gather in the Community Room for a lively morning of play. ProgramsAdult Coloring Brown Bag TED Talk Let's Talk STITCH Mah JonggSeptAugJul0100 200 510 Events Culture Fix Events EventsArt of the Shack Workshop Wildlife on WheelsBear Necessities Talk: La Quinta Remembers 9/11Culture Fix: Books Culture Fix: Film Culture Fix: ArtCulture Fix: Last Thursday/..Franklin Field Trips050100150200250300350JulyAugust September First Thursday: Books September selection: The Warmth of Other Suns by Isabel Wilkerson Second Thursday: Film Screening of American Coyote: Still Wild at Heart Third Thursday: Art September: Karen Riley, executive director of S.C.R.A.P. Gallery, discussed environmental education through art Last Thursday: Music Giselle Woo and the Night Owls Opening Reception: GEN Z: This is Me and Local COLOR Art of the Shack Workshop Led by Karen from S.C.R.A.P. Gallery, this workshop began with avisit to "The Art of the Shack" exhibit to get inspiration, followedby time for each participant to create a shack of their own out ofrecycled materials. Part of the Museum's Summer FamilyFun Series. Wildlife on Wheels The Living Desert comes to La Quinta Museum! Guests visited withan armadillo, a ball python, baby tortoises, and more. Part ofSummer Family Fun Series. The Bear Necessities Workshop Complement to Bear in Mind exhibit, visitors played games, madecrafts, and learned all about bears with educator Michelle Hedgecock. Part of Summer Family Fun Series. La Quinta Remembers 9/11 Panel discussion led by Councilman Robert Radi on the design andconstruction of the 9/11 Memorial. Hosted by La Quinta HistoricalSociety. Franklin Field Trips Benjamin Franklin Elementary students visited Bear in Mind and Art of the Shack exhibits, hunting for fun bear facts, and drawing their own grizzly creations. August: Summer school, grades 2-5 September: 4th grade 511 Bear in Mind: The Story of the California Grizzly is a traveling exhibit from Exhibit Envoy, with information and interactive elements for all ages, on view June 12- September 15, 2018. The Art of the Shack, developed by S.C.R.A.P. Gallery and Coachella Valley Art Center, was inspired by the art of Beverly Buchanan. The exhibit features shacks created by local artists and students expressing the concept of "Home." On exhibit June 12- September 15, 2018. GEN Z: This is Me looks at the up-and-coming Generation Z through the artwork and written pieces of 20 artist ages 15-25. Interactive message boards invite all ages to consider what defines their own generation. On exhibit September 27, 2019- December 29, 2018. Local COLOR celebrates 22 local artists and their exploration of color, on view through December 29, 2018. La Quinta Museum Exhibit VisitorsVisitorsSeptAugJul0 100 200 300 400 500 600 700 800Exhibits: Bear in Mind and Art of the Shack Opening of GEN Z: This is Me and Local COLOR 512 DEPARTMENTAL REPORT ITEM NO. 4-D 513 514 515 516 EmergencyManagementQuarterly Report15July 1, 2018 – September 30, 2018 45Number of Activities Community OutreachStaff Training 40Community Emergency Response Team (CERT) Meetings & TrainingsThe City contracts with the County of Riverside Emergency ManagementDepartment (EMD) for emergency services. The City utilizes a wholecommunity approach to minimize impacts of a major disaster throughprevention, protection, mitigation, response and recovery efforts.Quarterly Activities 12Number of Attendees2DEPARTMENTAL REPORT ITEM NO. 4-E 517 La Quinta Library Staff DayLa Quinta Emergency Managementpromoted work place and personalpreparedness. Discussion included CERTtraining, water storage and planning withco-workers and family members.Community OutreachJuly - Local CERT participated in a medicalrefresher that included personal protectiveequipment, slings, splints and touriniquets. September - A natural gas explosion refresher drillthat included live victims was held to allow CERTmembers to practice their triage and medicaltreatment skills with support from the La QuintaFire Department. A spot weather forecasting tutorial was provided to City staff to enhance planning forCity events as well as to improve support for field staff when the Emergency OperationsCenter (EOC) is activated.With the help of RACES, City staff continues training on the EOC radio systems. Thisincludes the monthly tests on the Disaster Net Radio, 450 mhz radios as well as satellitephone options. Meetings This QuarterCommunityEventsTRAINING 518 Upcoming MilestonesStaff continues to complete the minimum required training courses set by FEMAwhich include: - Full time: IS-100 (66% Complete), IS-200 (66% Complete) and IS-700 (75% Complete)- Part time: IS-100 (71% Complete), IS-200 (71% Complete) and IS-700 (71% Complete) - Probationary: IS-100 (0% Complete), IS-200 (0% Complete) and IS-700 (0% Complete)-ICS-300: Intermediate ICS for Expanding Incidents- ICS-400: Advanced ICS for Command and General StaffAdditional training will be provided to staff to increase their familiarity in their assigned EOC positions. Planning has begun for the Ironman Triatholon and included collaborationacross City Departments and County Agencies. This event will give City staff inthe Plans Section valuable hands-on experience maintaining situationalawareness and communication with field personnel. TrainingThe City will offer a 20-hour CERT class for new volunteers on October 19-21, 2018. The class starts on Friday from 6:00pm to 10:00pm and then continues onSaturday and Sunday from 8:00am to 5:00 both days.CERT volunteers will be taking FEMA training (IS-100 and IS-700) to betterunderstand CERT's role in an incident and in the EOC command system. 519 Expertise and Knowledge GainThe following courses and meetings were attended by the Emergency ServicesCoordinator to fulfill Riverside County requirements and to improve the City'splanning, preparedness, staff capabilities, and Emergency Operations Center(EOC) operations and management:Weekly coordination meetings with Riverside County on EOC readiness,community preparedness, gap analysis and best practices.Burn Area Emergency Response TrainingBloodborne/Airborne Pathogen TrainingCERT Program Manager MeetingDisaster Net RadioRiverside County Duty Officer Meeting/TrainingsOperational Area Planning Committee & Riverside County EmergencyManager Association Meetings 520 D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T - S E P T E M B E R 2 0 1 8 S E P T E M B E R 2 0 1 8 R E P O R T T H E D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P R E S E N T S O N E O F S I X C I T Y D E P A R T M E N T S , A N D C O N S I S T S O F S I X D I V I S I O N S : T H E H U B , P L A N N I N G , B U I L D I N G , P U B L I C W O R K S D E V E L O P M E N T , E N G I N E E R I N G S E R V I C E S , A N D A D M I N I S T R A T I O N . Design and Development Department the HUB The Hub serves as a one-stop shop for La Quinta patrons. It is the central location for obtaining permits for planning, building, engineering, garage sales, and special events. The Hub assists customers through the permitting process from initial questions and pre-application meetings through inspections and final certificate of occupancy. Below are some September 2018 metrics: CUSTOMER SATISFACTION Permit and Project Fees Collected $162,171 $482,367 STVRP Permits 85 230 7442,050 53 222 Business Licenses Phone Calls Received Total Customers Served Total Issued Permits Total E-TRAKiT Permits TOT Collected In June 2016, The Hub launched a survey to measure the satisfaction of its customers. The survey uses a one to five star rating system, with “Five Stars” being excellent. The Hub Customer Satisfaction survey results for the month of September 2018 were stellar! 0 25 50 75 100 Wait TimeHelpfulnessQualityDEPARTMENTAL REPORT ITEM NO. 5-A DEPARTMENTAL REPORT ITEM NO. 5521 D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T - S E P T E M B E R 2 0 1 8 S E P T E M B E R 2 0 1 8 R E P O R T Design and Development Department PLANNING ACTIVITY BUILDING The Building Division administers all building permit applications and plans for compliance with requirements established in the entitlement process, La Quinta Municipal Code, and all currently applicable California Building Standards Codes. Includes sign applications, temporary use permits, minor use permits, final landscaping plans, etc. Planning Permits 2018 2017 September Year Year to Date 1,129 8,276 934 6,255 2018 2017 September Year Year to Date 11 68 18 75 Building Permits Issued 20172018 32 1,297 96105 29 1,579 Year September September E-TRAKiT Year to Date 20172018 121 33 1,373 117 23 1,649 Year September September E-TRAKiT Year to Date Building Permits Submitted Building Inspections Building Permits Submitted Submitted Applications Building Permits Issued The Planning Division works with residential and commercial property/business owners and developers to ensure development in the City is constructed consistent with the City’s goals and policies. 522 D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T - S E P T E M B E R 2 0 1 8 S E P T E M B E R 2 0 1 8 R E P O R T Design and Development Department TRAFFIC & CIP SHORT-TERM VACATION RENTAL THE PROGRAM The Short Term Vacation Rental Program, Vacation LQ, continues to grow, as new properties register each month. During the month of September 2018, the following permits were issued and TOT collected: The Development Division provides engineering assistance with a variety of permits. During the month of September 2018, the following number of permits and applications were processed: The Engineering Services Division provides engineering design and construction oversight and traffic support on a variety of infrastructure projects that help keep La Quinta safe and beautiful. Highlighted below are some activities for September 2018: ENGINEERING SERVICES PUBLIC WORKS DEVELOPMENT CIP PROJECTS IN PROGRESS TRAFFIC In the process of awarding and executing a contract for the HSIP Intersection Improvements project. The La Quinta High School ADA Improvements project is complete. The contractor for the Fiscal Year 2017/2018 Pavement Management Plan - Zone 2 - Slurry Seal and Striping Improvements project is striping thoughout the City. The contractor for the La Quinta Landscape Renovation Improvements project has completed the Quinterra basins bottom turf and is removing turf at Adams Park Basin. On-site construction continues at private development projects including Andalusia, Griffin Ranch, Monterra, Codorniz, Washington Street Apartments and The Citrus. 71 requests for service were recorded in City’s GORequest system in September 2018, including: · Operational checks of crosswalks, warning beacons, and flashing stop signs · Repair of safety and street sign lighting · Light fixtures throughout the City STVRP TOT Collected Permits Issued in September 2017 2016Year January $109,867.25 $75,323.58 Currently Active Permits 85 808April$405,334.02 $221,904.07 2017Year 2016 20172018Year September Year to Date 12 100 7 79 20172018Year September Year to Date 36 20 199224 STVRP Permits Project Reviews Completed Permits Issued STVRP TOT Collected Year September 2018 2017 $87,184 $56,668 $2,581,360 $1,855,475Year to Date 523 524 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Julie Mignogna, Management Analyst DATE: October 16, 2018 SUBJECT: TRAFFIC ENGINEER TO VIEW TEMPE IRONMAN TRAFFIC CONTROL The City’s Contract Traffic Engineer provides traffic control plan review services for the City. He is in the process of reviewing the Indian Wells La Quinta Ironman traffic control plan for the triathlon competition on December 9, 2018. The Tempe Ironman triathlon will utilize similar traffic control efforts to those proposed for the upcoming Indian Wells La Quinta Ironman. The Contract Traffic Engineer will attend the Tempe Ironman on October 21, 2018, to view these traffic control efforts in a real-time Ironman competition environment. The opportunity to view their traffic control plan elements will be valuable to the current plan review process, intending to mitigate potential safety concerns. DEPARTMENTAL REPORT ITEM NO. 5-B 525 526 The Facilities Department is comprised of three divisions; Public Works Maintenance, Parks, and Buildings. FACILITIES DEPARTMENT September 2018 MAINTENANCE EXPENDITURES •Public Works $12,984 •Parks $12,308 •Buildings $9,762 •Total Expenditures: $35,054 •Total Task Hours: 831 For the month of September, 251 requests were received from residents and staff. Request topics are listed on Attachments 1, 2,and 3. Mainte- nance expenditures and task hours are recorded in GoRequest. Top Requests in September: Parks– Inspection Maintenance Parks - Graffiti Public Works - Street Signs Public Works - Pothole/Street Repairs Buildings - Painting Buildings - Facilities Maintenance ATTACHMENTS: 1.Public Works Maintenance Expenditures by Task for September. 2.Parks Maintenance Expenditures by Task for September. 3. Building Maintenance Expenditures by Task for September. 4. Customer Satisfaction Survey Details for September. DEPARTMENTAL REPORT ITEM NO. 6 527 528 Graffiti $1,616.31 Tree Issues $82.04 Landscape Irrigation Contract Mgt $1,315.93 Vandalism Repair $45.59 Debris/Litter Removal $730.68 Meeting $337.98 Concrete/Sidewalk Repairs $541.75 Vehicle Equipment $117.15 Pothole or Street Repair $1,951.37 Street Sweeping $223.48 Street Signs $6,021.31 Graffiti Tree Issues Landscape Irrigation Contract Mgt Vandalism Repair Debris/Litter Removal Meeting Concrete/Sidewalk Repairs Vehicle Equipment Pothole or Street Repair Street Sweeping Street Signs Total Monthly Expenditures: $12,984 Public Works Monthly Maintenance Expenditures for September 2018 ATTACHMENT 1 ATTACHMENT 1529 530 Inspection Maintenance $4,474.96 Seminars/Training $65.96 Athletic Field Inspection $714.84 Shelter Equipment Repair $65.96 Debris/Litter Removal $417.41 Fencing/Wall Repairs $84.17 Irrigation/Weeds Tree Trimming $435.62 Lighting/Electrical $570.98 Contract Administration $204.76 Tree/Plant Flower Installation $775.74 waterfeatures $32.98 Meeting $574.42 Sign Maintenance $201.32 Trail Maintenance $1,576.70 Playground Equipment Insp. $51.19 Graffiti $1,676.23 Gopher & Dog Holes Pest Control $384.76 Inspection Maintenance Seminars/Training Athletic Field Inspection Shelter Equipment Repair Debris/Litter Removal Fencing/Wall Repairs Irrigation/Weeds Tree Trimming Lighting/Electrical Contract Administration Tree/Plant Flower Installation waterfeatures Meeting Sign Maintenance Trail Maintenance Playground Equipment Insp. Graffiti Gopher & Dog Holes Pest Control Total Maintenance Expenditures: $12,308 Parks Monthly Maintenance Expenditures by Task for September 2018 Attachment 2 ATTACHMENT 2531 532 Carpentry & Hardware $170.26 Personnel Requests $713.00 Facilities Maint $1,128.96 Meetings $596.69 Electrical $840.54 General Repairs $131.66 Plumbing $868.77 Pest Control $418.65 Janitorial $280.18 Painting $1,654.31 HVAC $131.66 Security/Fobs/Alarms $987.47 Preventative Maint $288.27 Fire Stations $946.91 Library $131.66 Museum $382.72 Carpentry & Hardware Personnel Requests Facilities Maint Meetings Electrical General Repairs Plumbing Pest Control Janitorial Painting HVAC Security/Fobs/Alarms Preventative Maint Fire Stations Library Museum Total Monthly Maintenance: $9,672 Buildings Monthly Maintenance Expenditures by Task for September 2018 ATTACHMENT 3 ATTACHMENT 3533 534 Customer Satisfaction Survey Details 09/01/2018 to 09/30/2018 Request: 34716 Survey Entered: 09-03-2018 Request Entered: 08/23/2018 Closed: 08/27/2018 Days Open: 4 Topic: Landscape/Irrigation Contract Management - 1050 Employee: James Lindsey Customer: Tokiyo Ochi Description: Not sure if city or homeowners issue. Location on Desert Stream between Desert Air and Bridgette Way. Reason Closed: irrigation has been fixed. Service Effectiveness: Good Rate our knowledge and ability to process your request timely: Good Were we courteous and professional?: No answer Expectations Met: Met Request: 34755 Survey Entered: 09-03-2018 Request Entered: 08/27/2018 Closed: 08/27/2018 Days Open: 0 Topic: Street Sweeping (Hand) - 1026 Employee: James Lindsey Customer: Phil Cordova Description: Glass Reason Closed: pick up broken glass work done Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Exceeded Request: 34756 Survey Entered: 09-03-2018 Request Entered: 08/27/2018 Closed: 08/27/2018 Days Open: 0 Topic: Street Sweeping - 1025 Employee: James Lindsey Customer: Phil Cordova Description: Glass, continues to water canal Reason Closed: swept broken glass work done Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Exceeded ATTACHMENT 4 ATTACHMENT 4 535 Request: 34781 Survey Entered: 09-07-2018 Request Entered: 08/27/2018 Closed: 08/29/2018 Days Open: 2 Topic: FS/Personnel Request Employee: Alfred Berumen Customer: Krystena Blondell Description: I need help moving two file cabinets from my former cubicle space to office. The office is located near Finance across from the sink and adjacent to the restrooms. Reason Closed: work done. Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Superior Expectations Met: Exceeded Request: 34809 Survey Entered: 09-05-2018 Request Entered: 08/29/2018 Closed: 08/29/2018 Days Open: 0 Topic: Street Sweeping - 1025 Employee: James Lindsey Customer: Phil Cordova Description: Glass Reason Closed: Pick up broken glass work done Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Exceeded Request: 34829 Survey Entered: 09-06-2018 Request Entered: 08/30/2018 Closed: 08/30/2018 Days Open: 0 Topic: FM/Pest Control Employee: Alfred Berumen Customer: Nichole Romane Description: There is a crack in the seal of Monika's office window which is where all the ants are coming from. Please seal crack when you can. Thank you! Reason Closed: Work is done. Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: No answer Were we courteous and professional?: No answer Expectations Met: Exceeded 536 Request: 34886 Survey Entered: 09-10-2018 Request Entered: 09/05/2018 Closed: 09/10/2018 Days Open: 5 Topic: Landscape/Irrigation Contract Management - 1050 Employee: James Lindsey Customer: Annie Nsthenson Description: The LaQuinta welcome sign and cactus barrel garden coming from Indian Wells/Hwy 111 just before Vons. Please note: it needs to be weeded. Most of cactus’s have weeds growing around them. Thank you for your attention. Reason Closed: area was cleaned up and weeds were removed. Service Effectiveness: Good Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Good Expectations Met: Met Request: 34888 Survey Entered: 09-14-2018 Request Entered: 09/05/2018 Closed: 09/12/2018 Days Open: 7 Topic: FM/Security/Fobs/Alarms/Doors Employee: Alfred Berumen Customer: C Barron Description: Office door mechanism is stuck. Hard to turn handle. Reason Closed: work done Service Effectiveness: Below Average Rate our knowledge and ability to process your request timely: Good Were we courteous and professional?: No answer Expectations Met: Below How can the City improve?: The office one door handle is still not fixed. You pull down the handles and it doesn’t retract. You pull up the door handle and it still doesn’t retract. So when you close the door. The door doesn’t stay close. It doesn’t latch on to the door jamb. Request: 34889 Survey Entered: 09-14-2018 Request Entered: 09/06/2018 Closed: 09/12/2018 Days Open: 6 Topic: FM/Security/Fobs/Alarms/Doors Employee: Alfred Berumen Customer: C Barron Description: The equipment door and office 2 need doorstops. Reason Closed: work done Service Effectiveness: Below Average Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Below How can the City improve?: Didn’t like that the equipment double doors didn’t get a doorstop attached to it. 537 Request: 34890 Survey Entered: 09-14-2018 Request Entered: 09/06/2018 Closed: 09/12/2018 Days Open: 6 Topic: FM/Security/Fobs/Alarms/Doors Employee: Alfred Berumen Customer: C Barron Description: The door handle to the Snackbar is hard to open with the key. It either needs wd40 or its been tampered with. Reason Closed: work done Service Effectiveness: Average Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Met How can the City improve?: The door handle is grimy and feels loose. Request: 34911 Survey Entered: 09-13-2018 Request Entered: 09/07/2018 Closed: 09/12/2018 Days Open: 5 Topic: FM/Security/Fobs/Alarms/Doors Employee: Alfred Berumen Customer: C Barron Description: We need a door stop attached to our office two door. Reason Closed: work done Service Effectiveness: Average Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Met How can the City improve?: The doorstop is on the outside. I’m afraid it might be taken off. Request: 34912 Survey Entered: 09-17-2018 Request Entered: 09/09/2018 Closed: 09/10/2018 Days Open: 1 Topic: Landscape/Irrigation Contract Management - 1050 Employee: James Lindsey Customer: Irene Description: Broken pipe Reason Closed: fixed broken irrigation line and cleaned up sidewalk. Service Effectiveness: Good Rate our knowledge and ability to process your request timely: Good Were we courteous and professional?: Good Expectations Met: Met 538 Request: 34917 Survey Entered: 09-13-2018 Request Entered: 09/09/2018 Closed: 09/12/2018 Days Open: 3 Topic: FM/HVAC Employee: Alfred Berumen Customer: C Barron Description: Temperature inside the snackbar. Reason Closed: work done. Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: Average Expectations Met: Met Request: 34918 Survey Entered: 09-13-2018 Request Entered: 09/09/2018 Closed: 09/12/2018 Days Open: 3 Topic: FM/Electrical Employee: Alfred Berumen Customer: C Barron Description: Refrigerator is not cooling. Freezer is not freezing. Reason Closed: Work is done. Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Good Were we courteous and professional?: No answer Expectations Met: Met Request: 34994 Survey Entered: 09-25-2018 Request Entered: 09/13/2018 Closed: 09/18/2018 Days Open: 5 Topic: FM/Security/Fobs/Alarms/Doors Employee: Alfred Berumen Customer: C Barron Description: The middle doesn’t come out to latch to the door jamb. Reason Closed: work done Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Exceeded Request: 34995 Survey Entered: 09-25-2018 Request Entered: 09/13/2018 Closed: 09/18/2018 Days Open: 5 Topic: FM/Security/Fobs/Alarms/Doors Employee: Alfred Berumen Customer: C Barron Description: Needs a door stop office 1. Office 2 has it in the outside. Reason Closed: work done Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Exceeded 539 Request: 35118 Survey Entered: 09-24-2018 Request Entered: 09/21/2018 Closed: 09/24/2018 Days Open: 3 Topic: FM/Security/Fobs/Alarms/Doors Employee: Alfred Berumen Customer: C Barron Description: Don’t know what liquid is leaking out from the door retractor. Equipment/storage room. Reason Closed: work done Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Exceeded Request: 35119 Survey Entered: 09-24-2018 Request Entered: 09/21/2018 Closed: 09/24/2018 Days Open: 3 Topic: FM/Security/Fobs/Alarms/Doors Employee: Alfred Berumen Customer: C Barron Description: Door plate is loose. The door handle doesn’t retr act the latch to the door jamb. The other door handle is loose as well. Reason Closed: work done Service Effectiveness: Superior Rate our knowledge and ability to process your request timely: Superior Were we courteous and professional?: No answer Expectations Met: Exceeded 540 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Rosemary Hallick, Financial Services Analyst DATE: October 16, 2018 SUBJECT: INVESTMENT POLICY CERTIFICATION The City of La Quinta has been granted the California Municipal Treasurers Association (CMTA) Investment Policy Certification. The CMTA is an organization of treasury professionals focused on quality assurance programs, education, professional standards, and public accountability. With support from the California Debt and Investment Advisory Commission (CDIAC), the CMTA developed the Investment Policy Certification Program. The goal of the program is to provide professional guidance to develop and/or improve investment policies in California’s public sector agencies. Certification recognizes that the City’s policy adheres with the State of California Government Code and meets best practice guidelines in 18 different topic areas (Attachment 1). The benefits of certification include transparency to the public, confidence and verification that the policy has been reviewed by a certified professional organization, demonstration of due diligence, and audit compliance. Attachment: 1. CMTA Press Release DEPARTMENTAL REPORT ITEM NO. 7 541 News Release FOR IMMEDIATE RELEASE Date: October 10, 2018 For more information contact: Shaun L. Farrell, Chairperson CMTA Investment Policy Certification Phone: 209-712-0428 Email: sfarrell@ci.galt.ca.us (Sacramento, California) – The California Municipal Treasurers Association (CMTA) Investment Policy Certification has been granted to the City of La Quinta. This Investment Policy Certification recognizes that CMTA has validated that the City of La Quinta’s Investment Policy adheres with the State of California Government Code and meets the program requirements within 18 different topics areas deemed to be best practices for investment policies. Those topics include: Scope, Prudence, Objective, Delegation of Authority, Ethics and Conflicts of Interest, Authorized Financial Dealers and Institutions, Authorized and Suitable Investments, Review of Investment Portfolio, Investment Pools/Mutual Funds, Collateralization, Safekeeping and Custody, Diversification, Maximum Maturities, Internal Controls, Performance Standards, Reporting, Investment Policy Adoption and Glossary. Once a policy is received by CMTA, it is independently evaluated using a scoring matrix by three separate CMTA professionals. When the agency receives a passing score, the Investment Policy earns the ‘Certified’ distinction. To enhance the municipal treasurer’s role, CMTA has developed a number of certification programs to reflect best practices and increase an individual’s knowledge of fixed income instruments. The Investment Policy Certification program began in 2012 with the support from the California Debt and Investment Advisory Commission. It is open to all government agencies within the State of California including special districts, cities and counties. CMTA was founded in 1958 by a handful of Municipal Treasurers from both Northern and Southern California whose primary interest was to improve their function in local Government. CMTA is a professional organization governed by active public officials who are representatives of their own local governmental units. ATTACHMENT 1 542 La Quinta Fire DepartmentQuarterly ReportJuly 1, 2018 – September 30, 2018Incident Reports Commercial Fire (0%)False Alarm (10.29%) Hazardous Material (0.20%)Medical (77.42%)Other Fire (1.10%) Public Service Asst. (6.19%)Residential Fire (0.20%) Standby (0.90%)Traffic Collision (3.40%)Vehicle Fire (0.20%) Wildland Fire (0.10%) Response Activity Commercial Fire 0 False Alarm 103 Hazardous Material 2 Medical 775 Other Fire 11 Public Service Assistance 62 Residential Fire 2 Standby 9 Traffic Collision 34 Vehicle Fire 2 Wildland Fire 1 Incident Total 1,001 Average Enroute to On-Scene Time <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average % 0 to 5 Min 614 321 38 1 4.8 61.8 Enroute Time = When a unit has been acknowledged as responding. On-scene Time = When a unit has been acknowledged as being on-scene. For any other statistics outside Enroute or On-scene please contact the IT Help Desk at 951-940-6900 DEPARTMENTAL REPORT ITEM NO. 8 543 Truck ReportTruck 86 recorded 23 responses in La Quinta during this quarter. Chief DeLaCruz Updates Fire Inspection ReportAction:During the Second Quarter of 2018, 125 new construction inspections were conducted alongwith four special event inspections, 34 business inspections, a total of 117 new plan reviewswere accomplished and 12 planning cases were submitted. Staff developed and implementedseveral changes to improve processes and accuracy in the division: including an improvedrecords retention policy, revised procedure for fire permit issuance to guarantee consistencywithin the department; a new filing system based on occupancy classification and location; anda new master plan review process established to allow customers to submit one ''master plan''to be utilized on large projects.Building/Planning: Staff continues to hold weekly project review meetings; discussions are focused on special development permits, tentative track maps, temporary use permits, special event permits and current project updates. Goals: Maintain efficient and exceptional customer service. Remain attentive to contractors/builders and prompt in return call times. City of La Quinta 9/11 Vigil Mayor Evans, Council Members, Fire and Police along with Eagle Scout Andrew Davis posing shortly after 9/11 Lighting Vigil. City of La Quinta 9/11 Vigil Battalion 6 Chief DeLaCruz , Fire Paramedic Bradley Sampson, and young local resident Sophia Navarro. Fire Prevention Week Proclamation Presentation by La Quinta City Council To commemorate Fire Prevention week: October 7-13, 2018, Council presented a proclamation to Riverside County Fire Department on October 2, 2018. Batallion Chief DeLaCruz and Fire Station 32 Staff attended the meeting. Looking for picture 544 545 546 DEPARTMENTAL REPORT ITEM NO. 9 547 548 549 550 551 552 553 554 HAND OUTS CITY COUNCIL MEETING OCTOBER 16, 2018 RESOLUTION 2018 – 052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2016-0009 FOR CONSTRUCTION OF A 200-KEY HOTEL, NEW GOLF COURSE CLUBHOUSE, 10 GOLF VILLAS, AND A RESORT RESIDENTIAL DEVELOPMENT WITHIN PLANNING AREAS 5, 6, AND 10A OF THE SILVERROCK SPECIFIC PLAN GENERALLY LOCATED ON THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 52 CASE NUMBER: SITE DEVELOPMENT PERMIT 2018-0011 (SDP2016-0009, EXTENSION NO. 1) APPLICANT: SILVERROCK DEVELOPMENT COMPANY, LLC WHEREAS, the City of La Quinta of the City of La Quinta, California did, on the 16th day of October, 2018, consider a request by SilverRock Development Company, LLC, for approval of first extension of time for a Site Development Permit for a hotel, new golf course clubhouse, 10 golf villas, and a 66-unit condominium development generally located on the southwest corner of Jefferson Street and Avenue 52, more particularly described as: APNs: 777-060-056, 777-490-001, 777-490-003, 777-490-005, 777-490-006, 777-490-011, 777-490-013 WHEREAS, City Council of the City of La Quinta, California did, on the 3rd day of January, 2017, approved Site Development Permit 2016-0009 and made findings of consistency with Environmental Assessment 2014- 0003; and WHEREAS, the applicant, on the 10th day of October 2018, applied for a first time extension for Site Development Permit 2016-0009; and, WHEREAS, the Design and Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2014-1003 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was certified on November 4, 2014. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger 381 COUNCIL MEETING - OCTOBER 16, 2018; HAND-OUT BY STAFF BUSINESS SESSION ITEM NO. 6 - SDP 2016-0009 TIME EXTENSION SILVERROCK RESORT POWER POINTS CITY COUNCIL MEETING OCTOBER 16, 2018 10/18/2018 1 City Council Meeting October 16, 2018 City Council Meeting October 16, 2018 B1 – Eastern Coachella Valley Authority Joint Powers Agreement 10/18/2018 2 Objective Consider a Joint Powers Agreement with Eastern Coachella Valley Authority for regional and economic development Joint Powers Agreement •Creates binding agreement between Members •Estimated annual cost - $15,000 •Share resources for mutual support •Establish “Partner” agreement for non-agency or private entities 10/18/2018 3 MISSION STATEMENT The East Valley Coalition is a public-private partnership that attracts, expands and retains business in the eastern Coachella Valley in Riverside County, California. Core Values The East Valley Coalition values… Teamwork – Integrity - Vision - Innovation Engaged Membership - Effectiveness - Transparency Three-Year Goals 1) Expand recognition of the EVC locally, statewide, nationally, and internationally 2) Expand and retain the retail, commercial, agricultural, and manufacturing sectors 3) Increase organizational efficiency and effectiveness 4) Expand GIS technology, data, and bandwidth 5) Achieve JPA status 10/18/2018 4 Accomplishments • Rollout of the Sports Tourism Study, with wide positive reception • Sponsored/commissioned a Economic Impact Study, which should roll out soon, for the I-10 / Avenue 50 Interchange project, a multi-jurisdictional area • Successful partnership for the Dillon Road Corridor, which has been a large hurdle to overcome, involving many jurisdictions • Expanded the geographic boundary of the Chiriaco Summit • Open communication and collaboration among the partners • We’ve figured out what the Jacqueline Cochran Airport should be and repurposed the organization • We attended the ICSC Conference as a group; it was one of the best ever • Presented the draft JPA document to the Board and member Councils • The Board approved the JPA document Accomplishments • Written protocol developed for attracting business and current clients • Began a rebranding and renaming effort; the Board approved it, pending JPA status • EVC is a part of the multi-jurisdictional group supporting the airport • Report on Target Market Sectors is completed and ready to post on the website • Identified local, state and federal economic development incentive programs, soon to be posted to the website • We’ve released RFPs: ULI, IEDC • Drafted a membership structure, pending JPA status • Identified 22 potential members, pending JPA status • We have IEDC committed to the destination for their events in 2022 • A food program was established the Eats Program, that entices and supports the cottage food industry 10/18/2018 5 Accomplishments • There has been a lot more one-on-one outreach to small businesses in the Eastern Coachella area • EVC, working with the City of Indio, repurposed a vacant 200,000 sq. ft. Target store • We help each other out with projects • Formed the committees that we were tasked to do • We are able to take advantages of economic opportunities • We’ve shown that regional cooperation is beneficial to us • We added one new member to EVC • Held a social event in March to which we invited several potential members • Identified staffing needs, pending JPA status • Drafted processes for the budget, P&L statements, financial reports and financial management of EVC Why continue? Amazing partnership Open communication East Valley regional growth JC Airport Strength in numbers Compensating/balancing the interest in the West Valley area We serve a younger demographic Coalition with our private sector partners As individuals, we can’t make it alone Willingness to be I this organization communicating together We create growth and it’s a positive Expanding membership brings more collaboration More power for federal and state funding 10/18/2018 6 Why continue? Not to duplicate efforts Regional recognition and respectability It just plain makes sense Common sense to continue Regional planning Attract additional events Be able to tell our stories IEDC Conference that we are committed to until January 2022 Good and growing reputation Public safety collaboration Share in common causes Small business development Experience, wisdom, knowledge, and resources in this room Why continue? Shared resources – everybody working together expands resources for everyone Expand or tourist venues Larger talent pool to pull from Essential to the Free Trade Zone creation There’s power in partnership Working together in this partnership helps us solve other interjurisdictional problems/issues We are entrusted with the ability to improve the quality of life for our region’s residents “Together we stand, divided we fail” Incredible potential, e.g., private sector We have respect, as demonstrated at the Sports Tourism rollout (220 people were in attendance) 10/18/2018 7 City Council Meeting October B3 – Veteran Nominations 10/18/2018 8 Honoring Military Service •Solicited Nominations –GEM –NextDoor –Social Media –Flyers –City Website •19 Applications –8 Army –2 Air Force –5 Marines –4 Navy •Nominees for Council consideration Requirements •Active military served 1954 and later must be past or current resident for three years; •Active military served 1953 and earlier must be past or current resident, no minimum years; •Honorable discharge •Proof of military service 10/18/2018 9 Veteran Recognition Ceremony •Nominees honored •Past nominees acknowledged •Name, rank, and date of service engraved on Veterans Acknowledgment monument 10/18/2018 10 City Council Meeting October 16, 2018 B4– Resolution to Add Two Positions to Classification Schedule Objective •Public Safety identified need to bring two county positions in-house to: –Increase retention and improve continuity –Maintain established service levels 10/18/2018 11 Fire Assistant Emergency Management Fire Department Public Safety Fire Marshall Fire Assistant Tenure: •One year, obtained city employment Emergency Management Coordinator EOC Operations Staff Training CERT, RACES, other groups EM Liaison Community Outreach Grants Emergency Management Tenure: •Current EMC, start date January 2016, required onboarding training. •Previous EMC: 9 months 10/18/2018 12 Accomplishments Staff Training Community Outreach Events CERT Trainings & Monthly Meetings EOC Activations 10/18/2018 13 City Council Meeting October 16, 2018 B5 & B6– Silverrock SDP 2016-0005, SDP 2016-0009 Extensions Background •Consider extensions for SilverRock Site Development Permits (SDP) –SDP2016-0005 expires October 25, 2018 –SDP2016-0009 expires January 3, 2018 10/18/2018 14 Site Development Permit 2016-0005 •140-room luxury hotel and spa •29 luxury-branded residences •Meeting and conference center with shared service facility •Outdoor activity areas including three swimming pools 10/18/2018 15 Site Development Permit 2016-0009 •200-room lifestyle hotel •Golf Clubhouse and 10 Golf Casitas •66 lifestyle-branded condominiums •Outdoor activity areas 10/18/2018 16 Montage 29 Montage‐Branded Residences Conference Center and Shared Services Facility Pendry Clubhouse and Golf Villas 66 Lifestyle‐branded Condominiums 10/18/2018 17 City Council Meeting October 16, 2018 C2 – Annual Development Agreements Review 10/18/2018 18 Objective •Annual Development Agreements review –Legacy Villas –Signature –SilverRock –Centre Pointe 10/18/2018 19 Legacy Villas Legacy Villas •280-unit residential resort on 44.61 acres •Centex Homes •Construction complete 10/18/2018 20 Status - Compliance •$346,813.65 = 2017/18 Actual amount •$360,304 = 2018/19 Projected amount Signature 10/18/2018 21 Signature (Edenrock) •264 condo/townhome units on 41.95 acres •Crowne Pointe Partners, LLC Status – Compliance •Project construction in initial stages •Mitigation fees collected •$56,915.29 collected from 14 properties sold 10/18/2018 22 SilverRock Resort Status - Compliance •Site Development Permits for PA 2, 3, 4, 5, and 6 approved •Agreement regarding DA terms and project schedule in process 10/18/2018 23 Centre Pointe Centre Pointe •134-room hotel •136 condo/casita units •54 detached homes •14 market rate homes •40 affordable homes •2 restaurants •medical office, surgical facility •132-suite retirement community, 72-suite assisted living, and a 32-bed memory care facility. 10/18/2018 24 Status – Under Review •TOT threshold not met •Subject to annual mitigation fee •Ongoing discussions with City Staff and HOA