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2006 09 19 CCeaf 444d4a City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, SEPTEMBER 19, 2006 — 3:30 P.M. Beginning Resolution No. 2006-103 Ordinance No. 430 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT CO., CHRIS CLARKE. City Council Agenda 1 September 19, 2006 RECONVENE AT 4:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM LEADERSHIP COACHELLA VALLEY, DATED AUGUST 31, 2006 REQUESTING SPONSORSHIP FUNDING. APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF SEPTEMBER 5, 2006. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED SEPTEMBER 21, 2006. 2. TRANSMITTAL OF TREASURER'S REPORTS DATED JUNE 30 AND JULY 31, 2006. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORTS DATED JUNE 30 AND JULY 31, 2006. 4. APPROVAL OF AN ADVANCE FROM THE GENERAL FUND TO THE SilverRock GOLF ENTERPRISE FUND. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFF -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 33076-1, THE MADISON CLUB, EAST OF MADISON, LLC. h City Council Agenda 2 September 19, 2006 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 33076-1, THE MADISON CLUB, EAST OF MADISON, LLC. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY LEON KAGAN: DATE OF LOSS - JUNE 25, 2006. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR, RECREATION SUPERVISOR, AND ONE COMMUNTY SERVICES COMMISSIONER TO ATTEND THE CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE IN SACRAMENTO, CALIFORNIA, MARCH 8-10, 2007. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE'ASSISTANT ENGINEER II TO ATTEND THE BASIC TRAFFIC SIGNAL DESIGN SEMINAR TO BE HELD IN SAN DIEGO, CALIFORNIA, SEPTEMBER 26-28, 2006. 10. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30138, DIAMANTE, LA QUINTA DEVELOPERS, LLC. 11. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02. 12. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO UPDATE THE CITY'S PAVEMENT MANAGEMENT PROGRAM, PROJECT NO. 2006-12. 13. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN ON -CALL PROFESSIONAL ENGINEERING/PLANNING SERVICES FOR THE VISTA SANTA ROSA ANNEXATION AREA DEFICIENCY STUDY, PROJECT NO. 2006-13. 14. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN ON -CALL ENGINEERING PLAN/MAP CHECK SERVICES. 15 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CROWSON MANAGEMENT SERVICES FOR COMMERCIAL AND CONSTRUCTION GRAFFITI ABATEMENT SERVICES AND APPROPRIATION OF FUNDS. 16. ACCEPTANCE OF SilverRock RESORT SOIL STABILIZATION, PROJECT NO. 2002-07M. 17. ADOPTION OF A RESOLUTION APPROVING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). 18. APPROVAL OF THE FIFTH AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE. City Council Agenda 3 September 19, 2006 19. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PW CONSTRUCTION, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE LA QUINTA MUSEUM EXPANSION, PROJECT NO. 2006-10. 20. ACCEPTANCE OF TRANSFER OF THE ARNOLD PALMER CLASSIC GOLF COURSE, GOLF MAINTENANCE FACILITY, AND GOLF COURSE COMFORT STATIONS AT SilverRock RESORT FROM THE LA QUINTA REDEVELOPMENT AGENCY TO THE CITY OF LA QUINTA, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE. BUSINESS SESSION 1. CONSIDERATION OF EXPANDED MARKETING PROGRAM FOR THE ARNOLD PALMER CLASSIC COURSE AT SilverRock RESORT FOR FISCAL YEAR 2006/2007 AND APPROPRIATION OF FUNDING. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE PURCHASE OF AN ANTIQUE BELL FOR OLD TOWN LA QUINTA. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN AWARD FOR A CONTRACT TO GKK WORKS CONSTRUCTION SERVICES TO CONSTRUCT THE CITY HALL EXPANSION, PROJECT 2002-01 AND APPROPRIATION OF FUNDING AND ADVANCE FROM THE GENERAL FUND TO THE CIVIC CENTER DEVELOPMENT IMPACT FEE (DIF) FUND. A. MINUTE ORDER ACTION 4. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS City Council Agenda 4 September 19, 2006 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. SILVERROCK SUBCOMMITTEE DRAFT MINUTES OF AUGUST 30, 2006 18. COMMUNITY SERVICES COMMISSION MINUTES DATED AUGUST 14, 2006 19 PLANNING COMMISSION MINUTES FOR AUGUST 8, 2006 20. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES FOR AUGUST 2, 2006. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR AUGUST 2006 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR AUGUST 2006 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR AUGUST 2006 A. LA QUINTA LIBRARY QUARTERLY REPORT FOR APRIL THROUGH JUNE 2006 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR AUGUST 2006 9. POLICE DEPARTMENT MONTHLY REPORT FOR JULY AND AUGUST 2006 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE City Council Agenda 5 September 19, 2006 MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 31910, THE SUBDIVISION OF APPROXIMATELY 38 ACRES INTO 130 SINGLE-FAMILY LOTS FOR THE PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET, APPROXIMATELY '/4 MILE NORTH OF AVENUE 58. APPLICANT: DESERT ELITE, INC. A. RESOLUTION ACTION 2. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 53-925 AVENIDA MARTINEZ BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CYNTHIA R. GUEVARA. A. MINUTE ACTION City Council Agenda 6 September 19, 2006 ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on October 3, 2006 commencing with closed session at 3:30 p.m. and open session at 4:30 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Deborah H. Powell, Interim City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of September 19, 2006 was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on September 15, 2006. DATED: September 15, 2006. DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7030. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. City Council Agenda 7 September 19, 2006 WRITTEN CORRESPONDENCE ITEM: 4V LEADERSHIP COACHELLA VALLEY August 31, 2006 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph: I would like to take this opportunity to provide information on the Leadership Coachella Valley (LCV) Program and request that the City of La Quinta consider sponsorship funding. Leadership Coachella Valley was formed and seed funded in 1999 by six of the Chambers of Commerce in the Coachella Valley (Cathedral City, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage). The reason the leaders of these Chambers initiated the Program was because of their concern that many individuals seeking leadership positions on local non-profit boards, school boards, planning commissions, and city councils lacked leadership skills and a broad -based knowledge of the Valley. The Leadership Coachella Valley Program has addressed this concern as it was designed to identify, develop, and motivate potential community leaders for the Coachella Valley. Identified and/or interested individuals apply for admittance to the Program in June and July. Typically, about 35 individuals are admitted to the program each August, based on their demonstrated leadership potential, long-term commitment to the Coachella Valley, and articulated community service orientation. Then, once per month from September through June, these participants attend an all - day seminar. During these seminars, leadership skills are developed and community issues are reviewed and discussed. The format indudes a combination of Presentations, panel discussions, hands-on visits to locales relevant to the day's theme, and casestprojects. Experts share theta insights and views and interact with the participants. Page 2 Community issues covered in the ten months include, but are not limited. to: govemment, law enforcement, healthcare, economic drivers, education, housing, transportation, and the environment. Since the inception of the LCV Program, about 200 participants have graduated from the class. They are owners of businesses and professional firms and employees of local agencies, businesses, professional firms, and non-profit organizations, who are already making a positive impact on the Coachella Valley by serving on committees, commissions, boards, etc. The benefit to local jurisdictions is that these individuals now are better prepared and more motivated to serve the citizens of this community. If the City of La Chita ever has experienced times when it has needed citizens to serve on committees or commissions but could find none (i.e., possible candidates lacked leadership skills, knowledge or understanding of community issues, or interest in serving the community), this Program is important to you. The LCV respectfully requests that the LA Quints City Council and City Manager consider our request for a $5,000 sponsorship or any sponsorship amount you believe appropriate. Besides funding support, your City's participation is expected to increase awareness of the Program and inspire other organizations to become sponsors. Please visit our Web site at www.leadershipcv.org for more information on the organization, including specifics on sponsorship levels and benefits. I as well as other members of the LCV Board and Susie Harvey (President/CE0 of the Palm Desert Chamber of Commerce and Administrator of the Program) are available to the City to discuss the benefits of participating in the Program and the significant positive impact it is having on the quality of fife in your City and the Coachella Valley. Please contact me at 200-0045. Thank you! Sincerely, "'**�1t'V, Bill Cuff Chairman of the Board Leadership Coachella Valley cc: Tom Genovese, City Manager ✓ Susie Harvey T4'yl 4 *P Qum& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Demand Register Dated September 19, 2006 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated September 19, 2006 BACKGROUND: Prepaid Warrants: 69920 - 69945) 24,820.51 69946 - 699661 348,930.04 69967 - 69967} 175,000.00 69968 - 699681 172,500.00 Voids} (177,223.03) Wire Transfers} 11,117,587.70 P/R 33410 - 33436) 176,479.88 P/R Tax Transfers} 47,330.44 Payable Warrants: 69969 - 70088} 1,463,312.18 $13,348,737.72 FISCAL IMPLICATIONS: Demand of Cash -City $13,072,434.87 Demand of Cash -RDA $276,302.85 YohnFalconer, Finance Director 10 CITY OF LA QUINTA BANK TRANSACTIONS 08/30/06 - 09/12/06 08/31/06 WIRE TRANSFER - PERS 09/05/06 WIRE TRANSFER - PER HEALTH 09/05/06 DEBT SERVICE PMT - AD2000-1 09/05/06 DEBT SERVICE PMT - AD97 -1 09/05/06 DEBT SERVICE PMT - AD92-1 09/05/06 DEBT SERVICE PMT - RDA2004 1/2 09/05/06 DEBT SERVICE PMT - RDA2003 PA 1 09/05/06 DEBT SERVICE PMT - RDA2002 PA 1 09/05/06 DEBT SERVICE PMT - RDA2001 PA 1 09/05/06 DEBT SERVICE PMT - RDA1998 PA 2 09/05/06 DEBT SERVICE PMT - RDA1998 PA 1 09/05/06 DEBT SERVICE PMT - RDA1994 PA 1 09/07/06 WIRE TRANSFER - LANDMARK 09/07/06 WIRE TRANSFER - ICMA 09/08/06 WIRE TRANSFER - RDA WATERCOLORS 09/08/06 WIRE TRANSFER - PERS TOTAL WIRE TRANSFERS OUT $1,209.22 $66,670.02 $142,225.00 $44,223.17 $119,450.00 $3,732,732.81 $1,208,421.59 $1,537, 566.68 $1,215,225.26 $263,503.68 $409,714.58 $2,136,235.26 $133,816.68 $6,625.89 $56,000.00 $43,967.86 $11,117,587.70 - 11 M O 1 I ON I 1 t O O O 00 O \ I Y J I o M o 10 O O O O I� 1vQI w w O I w F I n 0 O c- N O 1 x o O In W N c e I u F- I O O O. 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O O O N N M M M t N N N N O O 't I tif- I 01 N 1` in M O� ( ` M N (� O W In — In In MOl h tiOlti 1* n fl-- M N M �t N is -K is K -Ic -Ic -Ic -K -c J J J N -1c Q Q Q W i t ix is N O 00 7 IC 3 F F H F K Iu Y •+ k >w O F OW Z4c I= -j p I= 0— p O w is W U Z Q E It Z W LL 4c F- W OL W 3t W N X 4c Z i > > N w'K N F cc cc is �-1 W F W C J 4c 2U dNIL Z Q-Ic U I WInW Z N W W W S O K Op 30C3 I. -is J Q N U N J Q r r 10%0 1 F 00 It %t It O 1 1 1 1 1 F — M M M M 1nM 111 C Z .t .t M LA In c) I I I I I s.r 000 00 000 00 000 0OO I I I I I 00 000 IninM 1010 00 co N N M M p \\ GC 00 00 Q O O u 00 N o O N w z H cn m 00000 OEM Oe � c- Q o 0 LLoo 00 N J J Iu 3 ti N 10 10 00O 0---- (D fl-M1 O O O 10 �o 10 000 O O O N N N In In O, N N N ZNN00 W O O O E d 0 0 0 -000 0 W OA z w 3 MM Ol O O O N IL M fn --0 z000 Ir000 w I - IN W 3 0 Oti 10O e 00 1,. O N 0000- 0 --N O n ti ti O X X X � 1 I 1 1 I W I C7 I a 1 aL I 1 I 1 I I 1 I N 1 F 1 F H I Z C 1 � W 1 O cc I Z U 1 Q W 1 J I m I Q 1 Y 1 Q I if 1 1 N 1 Z 1 0 1 O O 1 U U 1 U 1 Y Q 1 Z I Q c I m W I H I J I IL I d 1 a I z I � 1 1 I 1 I I 1 I al H I of Z I 1T K I W O I O H 1 Z J I O Q 1 cc U 1 O 1 n 1 Z .p Q 1 uA O H I > \ Z I c- > H I M N O 1 ix \1 0 1 W Co M 1 [a �alE G 1 Z W E I Q O 1 C Q 1 O d C7Y I � W O F 1 Z w = H I W d /L U I > O O H z W E a c3 ui oD ix uw 3 O d Z W H N W 3 ceityl 4 1111114� QUM& COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Receive and File Transmittal of Treasurer's Reports as of June 30, 2006 and July 31, 2006 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of Treasurer's Report dated June 30 and July 31, 2006 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1/1/86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted: *JohnFalconer, Finance Director Approved for Submission b Thomas P. Genovese, City Manager Attachment 1: Treasurer's Report, City of La Quinta ATTACHMENT 1 4 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for June 30, 2006 DATE: July 31, 2006 Attached is the Treasurer's Report for the month ending June 30, 2006. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ 1,269,464 (1) $ (1,419,388) ($149,924) ($1,419,388) LAIF 26,278,644 3,500,000 0 0 29,778,644 3,500,000 US Treasuries (2) 145,638,583 45,000,000 (45,209,000) $ (616,789) 144,812,794 (825,789) US Gov't Sponsored Enterprises (2) 34,829,496 41,129 34,870,625 41,129 Commercial Paper (2) 8,973,538 3,000,000 (9,000,000) 15,022 2,988,560 (5,984,978) Corporate Notes - 0 0 Mutual Funds 1 51884,200 1 1 257,227 5,626,973 257,227 Total 1 $ 222,873,925 $ 51,500,000 1 1 $ 55,885,615 $ 560,638 $ 217,927,672 $ 4,946,253 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy except as follows: The Federal Home Loan Bank maximum was exceeded on January 18, 2006, as reported on page 2, and is expected to come into conformity on December 15, 2006. As of June 30, 2006, the market value of the investment was $7,627,682 and the amortized cost plus accrued interest was $7,6661,572 for an unrealized loss of,$33,890. Management intends to hold the investment to maturity. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M. Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. �3 Treasurer's Commentary For the Month of June Cash Balances — The portfolio size decreased for the month by $4.9 million to $217.9 million with the decrease attributed to pass thru payments from the 2"d secured property tax settlement being made. Investment Activity — A large amount of investments ($48 million) were made in June with the reinvestments yielding 100-150 basis points more than the maturing investments. Due to the City's short maturities, no investment is currently yielding less than 3% and after July 17t' no investment will be yielding less than 4%. At month end, the sweep had $5.2 million balance and yielded 4.24% which primarily consisted of outstanding warrants. While this rate is lower than the LAIF rate of 4.70% for next day funds, the sweep account allows the City to take advantage of earning interest on warrants that have been released but have not been cleared by our bank. The sweep was instituted based upon the raising interest rates and earned $ 10,250 in cash for the month. The bank fees for the month were $ 1,998 which resulted in a net increase of $ 8,252 in real savings. Portfolio Performance — The overall portfolio performance increased another 23 basis points in June from 4.60% to 4.83% mainly because of the large number of maturing investments in June. At the end of June, the portfolio yield is still below the six month Treasury rate of 5.11 %, which increased by 27 basis points from the previous month for a 28 point difference. With the short average maturity of 103 days, the portfolio yield should continue to increase based upon rising short term interest rates and the short average maturities of the portfolio. At this time last year, the portfolio was yielding 2.83% and the benchmark was at 3.22% for a 39 point difference so we have made some progress in meeting our benchmark. As reported last month, it still continues to be extremely difficult to meet our benchmark in a rising short term rate environment as the Federal Reserve Board raised their rate another 25 basis points at their June meeting. The Treasurer has not been investing in longer than six months Treasury securities or in more than one year GSE's based upon the yield curve to take advantage of yield spreads. Future Thoughts The Treasurer will continue to invest in relatively short term maturities to take advantage of the inverted yield curve. 60 (a O m m m m Z Z Z Z Z Z Z z Z W 12 o > �.E W O $ v m v a a d y c W d c m c °o O. v LL`c o umi W MY) m 0 d •E T `o U LL 11 W fn O y c xii y > m aQ '' c � Q Q v L L C m W W` W m m m M. 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N M CD N v N CV b 0 0 O O O O W O O O O� V n CO CD CO W Q V n 7 1 OWO, Epp O M o vmn w w eb a ep 7N Ern oa NM n nmcov�.- O�NI'�'On v m LL ' O10 N N O Na W nb M aOD .NMm A O n W L Cad 3 NCO CV�M N, aN{N 00 �d O n �` N O: teaa• a L w O CD fD CO 1OD n 7 N N U N E 0 O n n C* .O-. N M FO Y L fD 7 Q j C t F � c W W � a 0) A W C pEi W v a m a m C OJ N C G W X CC N C1 M W Q Q 'C Im 7 y C C til W m ci C �'�Em�` w C- 41 F Q C W N m C C > W m Q) C W N W W Ix C C 'O L 0 • E� W m . m 4) W m P W U w z m a►-viow u'Sm�80 z City of La Oulna Reconciliation of Actual and Surplus Funds City, Redevelopment Agency and Financing Authority June 30, 2006 BaWnee of Actual Funds 217,927,872 Lean Petty cash Funds (1.000) Less Non-Surplw Funds (1.299,545) Balance of Surplus Funds $216,627.727 City Cash 6 Invaati—t. Surplus Surplus Bank Accouns Name -Ave r,",H Surplus T Book yes Ad' Yes Werra Fargo -Demand No Checking f (5,418,740) f E - Wells Fargo -Sweep No Sweep f 5,263,886 E - f Pent' Cash- Demand Wans Fa oMousi -Demand No Yes WA- Checkina 3,930 3,930 Total - Bank Accounts f 149 924 f 3,930 f - f 3 930 U. S. Treasury Su us laauerrt AmortizedCustodian-AvaiWdl Value Bank of New York - Demand Yes U.S. Treasury Bill 8,859,761 Bank of New York -Demand Yes U.S. Treasury Bill 9,965,891 Bane of New York - Demand Yes U.S. Treasury Bin 41902,144 Bank of New York -Demand Yes U.S. Treasury Bill 9,824,415 Bank of New York -Demand yes U.S. Treasury Bill 3. 70,669 Bank of New York -Demand Yes U.S. Treasury Note 4,966,696 Bank of New York - Demand U.S. Treasury Bill 14,751.625 Bank of New York -Demand Yes U.S. Treasury&It 4,942,319 Bank of New York Demand Yes U.S. Treasury Bill 4,902,533 Bank of New York - Demand Yes U.S. TreasuryBill 4 8M 871 Trial -U.S. Treasury71,958 924 U. S. Dovemmen Sponsored Enerpisea Custodian - Availadt - Su learenType Amortized Value Bank of New York - Demand Yes FHLB 4.982.582 Bank of New York -Demand Yea FHLS-DWWurd 2.940,965 Bank of New York - Demand Yes FHLS 1,992,177 Bank of New York -Demand Yes FHLB 7,499,734 Bank of New York -Demand Yes FNMA 4,969,897 Bank of New York -Demand Vee FHL Mortgage 2,501,476 Bank of New York - Demand Yes FARM CREDIT 4,996,559 Bank of New York - Demand Yes FNMA 4 988 235 Total-U.S. Dovemmen Securities 34,870,625 Prime Commercial Paper Book Custodian-Availabil Su us Issuerrt Value Bank of New York -Demand Yes Citicorp Funding Inc. 2,988,560 Yea Yes Surplus Yes Ad Surplus Yea 8.859,761 8,859,761 9,965,891 9,965.891 41902,144 4.902,144 9,824415 9,824,415 3,970:66 3,970,669 4,966,696 4,9W,696 14751,625 14751625 4:942.319 4:942:319 4.902,533 4,902,533 48M 871 48M 871 71958924 - 71,958,924 Surplus Yes Ad' Surplus Yea 4,982582 4,982,582 2,940.985 2,940.965 1,992,177 1,992,177 7,498,73d 7,498,734 4,989,897 4.969,897 2,501476 2,501,476 4;996,559 4,996,559 4 988 235 4,988,235 Surplus No Adl Surplus No All Funds Actual % Surplus Yes 3(5,418,740) f 6,718,285 E 1.299,545 $5,263,686 E (5,263,886) E - 1,000 1.000 f 153854 f 1454.399 f 1,300,545 OAU$% 0.0016% Surplus No Ad Surplus No AN Funds Actual % Surplus Yes 14, 751, 625 14, 751,625 14,751,625 14,751,625133.0196%1 33.2179% AD Funds Surplus Actual % Yes 1 34,070,625 1 - I u4.mu,6zo I - I - 1 - 16.0010% /6.0971% Surplus Surplus Yes M Yes 2,988,560 2,988,560 Total- Prime Commercial Pa r 2,988,560 2,988,560 2,988,560 Surplus Surplus No Ad No Surplus Surplus All Funds Surplus No AdNo Actual % Yes 1.3714% 103796% Surplus Surplus All Funds Surplus Local Agenginvestment Fund No Ad No Actual % Yes 13.6645% 13.0751% Total City lnvestmenffi 139,596,753 .7896% 64.0585% 63. 114,751,625 14,751,825 139,598,753 1,454,399 139,142,354 Total City Cash 6 Investments139,446,829 83.9877% 63.771b% 14,597,771 1,454,399 16,052170 139,600,693 1,454,399 739,146,294 Surplus Surplus Name Availability Su lus T Book Yes Pd'. Yea LAIF- City - Demand Yes State Pool 26,040,629 26,040,629 (1,454,399) 24,586,230 IAIF -RDA- Demand Vas State Pool 3 738 015 3 738 015 3 738 O15 Total-. State Pool 29778,644 29,778,644 1,454,399 28,324,245 FiscaAgent l Investments Porifolb-Cfty Investments Ama0zed Surplus Surplus Cukedian-Avalpb9 Su us ksuerR Value Vee Ad' Yea Ach POMda-Mutual Funds Marcy Market Sock Su rpM Surplus Trustee-Avai Su us Mutual Fund Value Yes A.d Yes CIvIc Center U.&Bank- Project YES 1st American 292 292 292 Civie Carder U.S.Bank-Debt Svc YES 1st American - - - 7994 RDA U.S. Bank -Dad Svc YES 1st American 59 59 59 1985 RDA U.S.Bank - CIA YES 1stAmerican 1985 RDA U.S.Berlk-Special Fund YES let Amencan - 2004 FM Auth • 1995 US Bank- Escrow YES let American - 1998RDAU.S.Bank-CIA YES let American - 199BRDA U.S.Bank-Dd Svc YES tetAmerian 45 45 45 1998 RDA U.S.Bank- Spacial Fund YES tat American 17 17 17 1998 RDA U.S.Bank-CIA YES let American 2001 RDA U.S. Sank -Oct Svc YES let American 134 134 134 2001 RDA U.S. Bank - CIA YES 1stAmerican - - 2002 RDA U.S. Banc - Dd Svc YES tat American 103 103 103 2002 RDA U.S. Sank - CIA YES td American 992,155 992,155 992,155 2003 Taxable RDA U.S. Sank - DS .YES tat American 87 87 87 21p3 Taxable RDA U. S. Bank -COI YES tat American 2003 Taxable RDA U. S. Bank -CIA YES let American 2004 FM Aulh US Bank -CIA YES 1st American 4,633,836 4,633,836 4,633,836 2004 Fin Aulh US Bards -COI YES fat American 245 245 245 SuhRotal- Mutual Fund 5,826973 5626973 - 5,626,973 Surplus SOrplw All Funds Surplus No No Actual % Yea Surplus Surplus No No All Funds Surplus Actual % Yea 2.5820% 25975% Total Fiscal Agent Invasbnettffi 78 4t10A13 76 480,843 76 480,643 36.0723% 383265% Grand Total 217,927Ji72 216,O61,526 1454,389 216,827,127 14,597,771 1,154399 16,052,170 100. 100.0000% Surplus SOrplw All Funds Surplus No No Actual % Yea Surplus Surplus No No All Funds Surplus Actual % Yea 2.5820% 25975% Total Fiscal Agent Invasbnettffi 78 4t10A13 76 480,843 76 480,643 36.0723% 383265% Grand Total 217,927Ji72 216,O61,526 1454,389 216,827,127 14,597,771 1,154399 16,052,170 100. 100.0000% All Funds Surplus Actual % Yea 2.5820% 25975% Total Fiscal Agent Invasbnettffi 78 4t10A13 76 480,843 76 480,643 36.0723% 383265% Grand Total 217,927Ji72 216,O61,526 1454,389 216,827,127 14,597,771 1,154399 16,052,170 100. 100.0000% O e o 0 0 ' O O o 0 0 0 ° M h O e o e o ° O m O o 0 o a a M O a e o o N O o 0 0 o a C C C a0 M h OI aD e^- C O) O M N O )0 a0 N C O h N M O (O < fO h N C M 47 O 0) O O h V? ap h C N O CO) h C) V O O� h (0 M O O V M t0 O) (0 h M 4) 0) co - r• O � � � O �• G � (V .- e- .- (V � v M e M V ey eee h e 0 0 0 o a M o e o o 0 w $ M M N m e e e e o m40M yO aO e e e e a mO) CDc0 W �(0 e e e e e m OOO hm M m� �h (0 US V V V V mN 0 coM CV N (V N M C �- cD h N h a0 h M g O a0 a0 N--- N m 2 N O) M 10 h (0 M 17 M (0 .0 0 C e e O (O h < N e e o m -C h O 0) O) M O pM rn M u) .0 M M .- V eo e3° a .0 O N m h N m Q ea e e pp N O) N ho7 -eeee e C (0 O M O) O (0 Q cM �(M t- O M QNm V OO)� NNN(,M Q.-C�� V C1 h'h �- W a0 QM)OO W Cl 9 (`l (V- N QOMhaOh ui o)nCO) W) 10 M O N e ' CO h M (0 O t o e e e a O po M h L e e e e o N a0 a0 a0 L e e o e o •O.. 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LL C C C O- � � Q`a`<iT) Q`a`a`ina'g a`Q`d�b�iQ'g a`�a`i a'g a`a`a` z a`d<0)<g 12 c 1� 4 :1 .1 1{ ca .1� L 1{{. 1 ^ Q G «m 1 C 1 C 1 Q 1 if 12 to _m r ■1 C13 E W Wvp I H N 1 c O 7 l x r 1 � m O N i d1 11 a a ` ,o C�JNp) :; o AAG,,� m O W 1 N C pA �j C ,_ Ca E E 0 N ro m c c V o 0 o C o 0 0 C O O O i 0 O O O 1 (0 to a cli N i O 13 T44t 4 4W09m1w MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for July 31, 2006 DATE: August 31, 2006 Attached is the Treasurer's Report for the month ending July 31, 2006. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes�$E= er Endin Chan e Cash (3) LAIF $ (149,924) (1) (1($1,650,862) ($1,500,938) US Treasuries (2) 29,778,644 144,812,794 2,758,079 10:000:000 (106,431 0 32,036,723 145,139,225 2,258,079 326,431 US Gov't Sponsored Enterprises (2) Commercial Paper (2) 34,870,625 2,988,560 2,500,000 (129,950) 24,780,675 (10,089,950) Corporate Notes - 12,000,000 (3,000,000) (50,592) 11,937,968 8,949,408 Mutual Funds Total 5,626,973 1 18.9891 0 5,645,962 0 18,989 $ 217,927,672 $ 27,258,079 $ 27,481,949 $ 185,889 $ 217,889,691 $ 37,981 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy except as follows: The Federal Home Loan Bank maximum was exceeded on January 18, 2006, as reported on page 2, and is expected to come into conformity on December 15, 2006. As of July 31, 2006, the market value of the investment was $7,487,282 and the amortized cost plus accrued interest was $7,514,351 for an unrealized loss of $27,059. Management intends to hold the investment to maturity. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M. Falconer Dat if Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 14 Treasurer's Commentary For the Month of July Cash Balances — The portfolio size were unchanged for the month of July. Investment Activity — A large amount of investments ($24.5 million) were made in July with the reinvestments yielding 50-150 basis points more than the maturing investments. Due to the City's short maturities, no investment is currently yielding less than 4.4%. At month end, the sweep had $674,872 balance and yielded 4.62% which primarily consisted of outstanding warrants. While this rate is lower than the LAIF rate of 4.85% for next day funds, the sweep account allows the City to take advantage of earning interest on warrants that have been released but have not been cleared by our bank. The sweep was instituted based upon the raising interest rates and earned $ 14,410 in cash for the month. The bank fees for the month were $ 1,803 which resulted in a net increase of $ 12,607 in real savings. Portfolio Performance — The overall portfolio performance increased another 13 basis points in Junefrom 4.83% to 4.96% mainly because of the large number of maturing investments in late June and July. At the end of June, the portfolio yield is still below the six month Treasury rate of 5.06%, which decreased by 5 basis points from the previous month for a 10 point difference ( versus 28 points in June). With the short average maturity of 95 days, the portfolio yield should continue to increase based upon rising short term interest rates and the short average maturities of the portfolio. At this time last year, the portfolio was yielding 2.87% and the benchmark was at 3.54% for a 67 point difference so we have made some progress in meeting our benchmark. The Treasurer has not been investing in longer than six months, Treasury securities or in more than one year GSE's based upon the yield curve to take advantage of yield spreads. Future Thoughts The Treasurer will continue to invest in relatively short term maturities to take advantage of the inverted yield curve. iR N O c c c C c c C c c xm W Z Z z Z Z z z Z O > Z QQ d — to 3 c E n o 9)i tc)0 a C7 c 0 m o d w v U U atf Q c 7 0 U Ci U.LL O m fs tNo a o y C W rd Wm N m N > C C N N > r0 L' m 0 W > L' 4) .E fa W N _ O Im N N N O N O (O 0 V 03, m M It m ] C ] (p d W Y N N y] c C C C > La C m N C C C C N 3 0 0 0 0 m N Q- N m W a N a m m d d m o.�' -01 E � as Q. m t� T 0 0 O O O m > N 0 O O O W C 0 0 0 0 co,In O O C Q Q. a' W ct O. c O C£ HfA VlN 0O O 0 O O O O M M v v v w E RR Q w ooOO N N o 0 o OoOo O O O O 0 0210 0 c O O W O M Z �. 00i O Z O o N N O n N 'It � (.Nj v n N N 1A 0 `A 0 O O O 0 O C O 0 0 0 0 0 o 0 O a o (p 10 0 0 0 O N O O O Lm'0 r0 OO O 0 0 0 O 1n 0 0 N M (p O O O O ((0 .- Uj ^NN Cl) fV O O 0000 N j O C O 0 ] 0 0 0 0 0 0 0 0 0 0 0 o Q �X Op ( O 0000 p M O N N Z (A cc0 0 0 0 � � M O O O O O O O O 7 'O O M W _1[ O0NO U) OM� Q LL D!n O Cl) R N O Z a T (O M N m 0 '$000 v 0 0 0 0 0 0 0 0 0 0 c 0 0 0 � 8 0 0000 (ii, o o v O (o $ o (? a a 4 O ((� voio (O^NN n N O O O «, g CL Go N E 0 0 0 0 Q E e 10 e o0 00 00 0 N (00 Z (i 3 �0000 (Ord .�- . a� � M N N C C W *6 M m y T C o m Z E Z-ca-i m P W r-mvt i:��xv yy N U m TO U.o m r WW �°C oU mm�a j W m OaO v C eN x+c� vm> mo an Q N m 2 N V Ow 0 W g ] m W NO c O v c - m o ° 'zim z m E a m C�L t' 3 z N 0 0 '0 C St Y C CUCI �o$mMo U- C D (S 'CM O mmoo m cmL a. 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IY ' OG �f1 �p pOD (�n��OpIl f�CANo W o f00'ln WN IO imp aD N�Ap �cliO d �p o Na♦DNh YI �GDp �tp( V O1 o W R S O< cq �Ny H w W N uy�I W N EL W W W m �Nm n Nam. bC Nm , ^ ybI m' Eyzy°{'JGf t }gg}gg 'S cwr EpEp•5 La�pr 19 r U N� 7 C 8 2,2 r U N 7 S d V M f r 0 In > j a U m r R O 0 O ' Mg RAg O O s N NRI � � m v N r N 9 N VO ' 0007 N N N City of La Ouinta Reconciliation of Actual and Surplus Funds City, Redevelopment Agency and Finarndnp Authority July 31. 2006 Balance of Actual Funds 217,889,882 Less Petry cash Funds (1.�) Leas Non -Surplus Funds (1,454,399) Balance of Surplus Funds S 216,434,293 City Cash & Investments Bank Acoounts Name • Ava9a. Surplus Type Book Wells Fargo - Demand No Chedung S (2,347.199) Wells Fargo. Sweep No Sweep $ 674,872 Petry Cash- Demand No WA 1,000 Wells F o/Hous' -Demand Yes Checking20465 Total - Bank Accounts $ 1,650,862 . asu Amrt¢ed CuUanT-reAvagry Surplus lssuerffype Value Bank of New York - Demand Yes U.S. Treasury BB 8,896,603 Bank of New York - Demand Yes U.S. Treasury Bill 9.752,408 Baok of New York - Demand Yes U.S. Treasury Big 4,922,780 Bank of New York - Demand Yes U.S. Treasury Big 9,865,651 Bank of New York - Demand Yes U.S. Treasury Note 3,974,898 Bank of New York - Demand Yes U.S. Treasury Note 4.972,307 Bank of New York - Demand Yes U.S. Treasury Bill 14,813,222 Bank of New York -Demand Yes U.S. Treasury Bill 4,962,187 Bank of New York - Demand Yes U.S. Treasury SRI 4,923,087 Bank of New York - Demand Yes U.S. Treasu B91 4 894 645 Total -U.S. Treasury71,977,788 U. S. Government Sponsored Enterprises Custodian - Availability Surplus Issuer/Type Amortized Value Bank of New York - Demand Yes FHLB 4,9415,796 8ank of New York - Demand Yes FHLB-Discoum 2.952,403 Bank of New York - Demand Yes FHLB 1.993,563 Bank of New York - Demand Yes FHLB 7,498,934 8ank of New York - Demand Yes FNMA 4,973,738 Bank of New York - Demand Yes FHL Mortgage 2,376,241 Total - U.S. Govemment Securities 24,780,675 Prime Commercial Paper Custoelan-AvaBabiD Surplus issuerrr Seok Value Bank of New York - Demand Yes Citicorp Funding Inc. 2,974,204 Bank of New York - Demand Yes GE Capital Corp 2,986,606 Bank of New York - Demand Yes Wells Fargo 2,986,544 Bank of New York - Demand Yes American Honda Finam 2,990,614 T)tal- Prime Commercial paper 11,937,968 Local Agency Investment Fu7�t Name - Availability T Book LAIF-City-Demand State Pool 28,256,575 LAIF -RDA - DemaM State Pool 3,780148 Total - State Pool 32,036,723 Total City Investments Total City Cash & Investments Fiscal Agent Investments —71 Surplus Yes Ad' Surplus Yes S S f - f 20465 20,465 f 20.465 S - $ 20,465 Surplus Surplus Yes Ad' Yes 8,896,603 8,896,603 9,752,408 9,752,408 4,922,780 4,922.780 9.665.651 9,865,651 3,974,898 3.974,898 4,972,307 4972307 14,813,222 14:813:222 4,962,187 4,962,187 4,923,087 4,923,087 4894645 71,977,788 71,977,788 Surplus Yes Ad' Surplus Yes 4,985,796 4.985.796 2.952,403 2,952,403 1,993,563 1,993,563 7,498,934 7.496,934 4973,731 4,973,738 2:376,241 2,376,241 Surplus No Ad Surplus No f(2,347,199) $ 3,801.598 f 1.454.399 f 674,872 $ (674.872) f - 1,000 1,000 $(1,671,327 $ 3,126,726 f 1,455399 Surplus Surplus No Ad' No AN Funds Surplus Actual % Yes .0.7577% 0.0096% AN Funds Surplus Actual % Yes 33.0340% 33.2562% Surplus Surplus AN Funch; Surplus No —AcR No Actual% Yes 24,780,675 24,780,675 11.3730% 11.4195 /. Surplus Yes -Adi Surplus Yes 2,974,204 - 2,974,204 2,986,606 21986,606 2.986,544 2,986,544 2,990 614 2 990 614 11,937,968 11,937,968 Surplus Ad' Yes istu (3,126,726) 25,129,849 3780148 3,126,726 28,909.99Z Surplus Surplus No Ad' No All Funds Surplus Actual % Ves 5.47896A 1 5.5157% Surplus Surplus AN Funds Surplus No Ad No Actual X Ves 14. 3232% 13.3574% t40,733,1541 140.733.154 3,126,7I6 137,e08,426 84.5692X 63.5768X 139,0822921 140.753.619 3,126,728 t37,826,883 1,671,32 3,126,726 1,455,388 63.8315% 63.5683% Portfolio - city Inveabrerts Custodian- Avagabi S 1__r/T Amortized Value 2002 RDA U.S. Bsok-CIP 2004 Finance Aud** CIP 2004 Finance Authority -CIP 2004 Finance Akita -CIP Yes Yes Yes Yes U.S.Tmwuy Bid U.S.Treesury B81 - U.S.Treasury B91 U.S.TrealluTY Bill 0,801,486 29,399,850 9,148,571 24,811,230 TOW - U.S. Trewify 73 161,437 Portfolio - Mutual Funds Trustee - Availability Surplus Money Market Mutual Fund Book Value Civic Center U.S.Bank-Project YES tat American 293 Civic Canter U.S.Sank - Debt Svc YES 1st American 1904 RDA U.S. Bank -Debt Svc YES 1sl American - 19%RDAU.S.Bank-CIP YES 1st American 1995 RDA U.S.Bank - Special Fund YES 1 at American 2004 Fin Aunt -1995 US Bank - Escrow YES 1st American 1998 RDA U.S.Bank -CIP YES 1st American - ION RDA U.S.Bank-Dbt Svc YES tat American 429 1998 RDA U.S.Bank - Special Fund YES 1st Amercan 18 1998 RDA U.S.Bank -CIP YES 1stAmerkam 2001 RDA U.S. Bank - Dbt Svc YES 1st Amedcan 2001 RDA U.S. Bank-CIP YES 1st American - 2002 RDA U.S. Bank - Obt Svc YES 1st American - 2002 RDA U.S. Banc - CIP YES 1st American 996212 2003 Taxable RDA U.S. Bank- DS YES 1st American 2003 Taxable RDA U. S. Banc -COI YES tat American - 2003 Taxable RDA U. S. Bank-CIP YES tat American - 2004 Fin Auth US Bank - CIP YES at American 4,648,765 2004 Fin Auth US Banc - COI YES 1sl American 245 Subafal -Mutual Fund 5,845,962 Surplus Surplus Yes Adj Yes 9,801,486 9,801.486 29,399.850 29,399,850 9,148,871 9,148,871 24,811,230 24,811,230 73,161,437 73,161,437 Surplus Yes Ad' Surplus Yes 293 293 429 429 18 18 996,212 996,212 4,648,765 4,646,765 245 245 5,645,982 5,645 962 Surplus Surplus A8 Funds Surplus No Ad' No Actual% Yes 33.5773% 33.5031% Surplus No Ad' Surplus No E Total Fiscal Agent lmrestmenfs 78,607,388 38.1885% 38.4117% 76,907,389 76,607,399 Grand Total 217,889,881 1 (1,971.327)13,126.7261 1455,399 100.11000X 100.0000% 22 218,561,016 3,126,7281 m meeee o meeeo M� meeeept� meeeeMe meeo eNe mo eee e c ] C V 0 M � 0 0 7r�0e-(. ry c W O M N � coC ]N�ONr. co 0)N N M O N 7!0 V fDr Na C M W 0 0 N O 7�'ta tq r.n ��0.-O c N O M r M 0)C :3 W t`0 �N�� M 0 0 9 0 O ' W NrtOq V �v v<tri �NMIV M N�.-G�� N M V M V' 0 o e ep r o 0 0 0 0 0 0 0 0 a��tr00 0 \ 0 0 0 0 ° Oa a 00 iO 0 0 2c V CW b M M N ��0�� d. o o 0 0 0 0 mtOM<O�O Or N.-1� c0 0 0 0 o a m0)0aD 0) �O 2V0Oh a0-aD o 0 0 0 0 m00 w0fO0 2 " q W q 1� M �m M 2 a0 OR 2 � N- N MMOM t0 NNNM .aC OCD 1Nt0 _Qcey oVa} W OO CWMt0 nM -Cee o e No wNfDr0 e ooee MOnNW0oe _C oDoeM eW Oe0 Mr MrWM arp -- v QWt�r�WcD Wro0 OD-nrorNfD�Or 0VN M o V N N N co N t oeee o Leoee ` OM w =oeo a �pppp MaN tooee o to f0 oD �0 =_e e �MO W f�0M0 mNN W Mao Lo0o0 0 W N0r0ro mcq aDr N� W ry NNaMfMO,� w� a '7 ` m� Irgv q N N N N clf mt0 t0 M00R O �-- mOhr.--� W N O '- 2 N fV N t0 a 10 < M c a eeee �� eeee =° afOfON10 V oD eeee e at0oco 0o eeee e d W W vo�y n eeee e �fDotn nMn �eeeepe m maDm�r m LL p0 �V00t0nO LL �NNMO�N IL fDM @'IO.N-w U_ rN� W LLN10 W a0N W N fV U. �.- 0 to 0 V t0 N N N(V N � O � O �- �- -- c ooeee a oeeee o oeeeep- oeeo ere oepep� e e oeoop e e .-00 t Nu'1 c 0 0 7 ONN u! 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OOh r --5 N.-IV a- (V rvt0 V 7f0 CM K IM =M '7tt)7 C C C C c C m m m E E H i m y 0 4) M N m m m m m m m ;> - C C Y >> C C _W C C C C C C w eF' i C L C 0)y c c y C m y d F 41 m tl1 m. aiaN Vmto aTm p 3Nm m U�Q ci > Vm�>m C m m C m G C m C ap a.EWi a5mOCm -TmD � - O 0 079 O O Om'g 0 0 0 W.m 03 fa NN mwN lm cm ID E E E �' E E E y E E E 2:9 E E E /O EE E �.� E E E m m m -�c]�ro www www d' www �' wwui www �' www.' www a `� ��~� m d� mL� m aDig�i~c2 m m� �A>— c 'c m2S m>�mm' — 7d a Ix °� oK omo= ccmmmmm >. c � a c g a— X aacox' 23 {i �1 3• i '.1 j. ;1 II II 9 1� � mCO C CC C 1� C m a m LL � m 1 L m — 7 W1 Q 1 7 C � � 1 EI A ca N 1 G d > C _ a .� Q i L Jt i C v- to u- E E Ul Ul 0 >+ C o 1 O LL O O O O O O U') a M N 40 24 FWit 4 Sep QuWai OF ftt� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 19, 2006 BUSINESS SESSION: ITEM TITLE: Receive and File Transmittal of Revenue CONSENT CALENDAR: and Expenditure Report dated June 30, 2006 and July 31, 2006 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: Receive and File Transmittal of the June 30, 2006 and July 31, 2006 Statements of Revenue and Expenditures for the City of La Quinta. Respectfully submitted: M4a"t'— John M. Falcon4r, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report for June 30, 2006 2. Revenue and Expenditures Report for July 31, 2006 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2005 - 06/30/06 FUNDS BUDGET RECEIVED RECEIVED General $28,460,703.00 $38,016,766.97 133.60% Library 1,530,800.00 1,716,101.65 112.10% Gas Tax Revenue 628.617.00 849,814.99 135.20% Federal Assistance 517,307.00 475,180.69 91.90% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,700.00 103,844.66 103.10% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 201.142.00 185,520.99 92.20% Lighting & Landscaping 842,200.00 818,525.84 97.20% RCTC 2,056,829.00 449,011.36 21.80% Development Funding 408,000.00 0.00 0.00% Quimby 4,715,015.00 6,085,373.86 129.10% AB939 0.00 1,187,930.75 0.00% Infrastructure 20,000.00 24,204.26 121.00% Village Parking 0.00 0.00 0.00% South Coast Air Quality 42,200.00 48,076.30 113.90% Cmaq/lstea 0.00 0.00 0.00% Transportation 1,261,200.00 3,861,986.96 306.20% Parks & Recreation 446,000.00 1,107,419.01 248.30% Civic Center 306,000.00 675,858.19 220.90% Library Development 177,500.00 460,475.00 259.40% Community Center 54,600.00 170,894.28 .313.00% Street Facility 48,000.00 103,995.31 216.70% Park Facility 12,000.00 22,290.10 185.80% Fire Protection Facility 74,500.00 181,253.58 243.30% Library Development (County) Facili 0.00 (0.46) 0.00% Arts In Public Places 120,500.00 401,708.90 333.40% Interest Allocation 0.00 0.00 0.00% Capital Improvement 122,269,389.00 25,656,127.13 21.00% Assessment District 2000-1 3,608.00 4,549.16 126.10% Equipment Replacement 397,000.00 755,338.86 190.30% Information Technology 443,000.00 599,871.96 135.40% Park Equipment & Facility 256,300.00 1,274,168.52 497.10% SilverRock Golf 3,720,155.00 4,257,932.01 114.50% SilverRock Golf 69,353.00 59,639.89 86.00% LQ Public Safety Officer 2,100.00 2,402.65 114.40% La Quinta Financing Authority 5,867,556.00 5,864,057.48 99.90% RDA Project Area No. 1 51,310.200.00 54,817,185.02 106.80% RDA Project Area No. 2 41,537,407.00 44,101,255.14 106.20% Total $267 900 981.00 $194 338 761.01 72.50% CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2005 - 06/30/06 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $30,431,104.00 $25,677,348.52 $148,120.00 $4,605,635.48 84.4% Library 1,352,978.00 606,512.67 0.00 746,465.33 44.8% Gas Tax 724,732.00 640,810.62 0.00 83,921.38 88.4% Federal Assistance 517,307.00 297,869.31 0.00 219,437.69 57.6% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 101,400.00 104.433.00 0.00 (3,033.00) 103.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 344,082.00 197,604.85 0.00 146,477.15 57.4% Lighting & Landscaping 842.200.00 822,239.53 0.00 19,960.47 97.6% RCTC 2,056.829.00 449,011.36 0.00 1,607,817.64 21.8% Development Agreement 408,000.00 0.00 0.00 408,000.00 0.0% Quimby 687,481.00 529,701.04 0.00 157,779.96 77.0% Infrastructure 721,353.00 264,621.52 0.00 456,731.48 36.7% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 26,600.00 19,120.32 0.00 7,479.68 71.9% CmagAstea 0.00 0.00 0.00 0.00 0.0% Transportation 7,322,318.00 4,295,940.94 0.00 3,026,377.06 58.7% Parks & Recreation 223,358.00 98,548.38 0.00 124,809.62 44.1 % Civic Center 3,350.291.00 527,628.17 0.00 2,822,662.83 15.7% Library Development 82,000.00 86,343.63 0.00 (4,343.63) 105.3% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 37,000.00 39,038.18 0.00 (2,038.18) 105.5% Library County DIF 0.00 9,880.62 0.00 (9,880.62) 0.0% Arts In Public Places 535,121.00 271,312.56 4,700.00 259,108.44 50.7% InterestNlocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 122,269,389.00 25,656,127.13 0.00 96,613,261.87 21.0% Proposed Assessment Dh 17,316.00 316,109.71 0.00 (298,793.71) 1825.5% Equipment Replacement 1,116,585.00 378,908.67 0.00 737,676.33 33.9% Information Technology 648,043.00 289,736.40 2,823.00 355,483.60 44.7% Park Maintenance Facility 0.00 381,865.00 0.00 (381,865.00) 0.0% SilverRock Golf 4,306,662.00 4,582,231.44 0.00 (275.569.44) 106.4% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authc 5,867,556.00 5,863,571.26 0.00 3,984.74 99.9% RDA Project Area No.1 69,650.534.00 49,460,506.49 0.00 20,190,027.51 71.0% RDA Project Area No. 2 103,720.534.00 33,215,753.73 6,283,000.00 64,221,780.27 32.0% total 3 60,880.00 15 .08 ,7 .05 6,438,643.00 9 39,461.95 43.4% CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07/01/2006 - 06/30/06 REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigatio Franchise Tax TOTAL TAXES LICENSE & PERMITS: FEES: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL INTEREST MISCELLANEOUS Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL Miscellaneous Revenue Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 1,167,900.00 1,530,999.35 (363,099.35) 1,545,000.00 2,162,114.07 (617,114.07) 5,256,000.00 5,820,628.19 (564,628.19) 1,752,000.00 1,831,559.95 (79,559.95) 797,800.00 1,326,618.15 (528,818.15) 4,108,100.00 4,810,616.93 (702,516.93) 437,500.00 732,822.11 (295,322.11) 916 200.00 1,044,470.08 (128,270.08) 16,980,500.00 19,269,828.83 (3,279,328.83) 274,100.00 276,917.20 (2,817.20) 14,800.00 17,260.55 (2,460.55) 493,800.00 1,809,318.33 (1,315,518.33) 84,400.00 306,179.10 (221,779.10) 43,100.00 172,555.70 (129,455.70) 85,000.00 258,199.94 (173,199.94) 11,800.00 13,710.00 (1,910.00) 97,600.00 215 721.51 (118,121.51) 1,104,600.00 3,069,862.33 (1,965,262.33) 13,200.00 4,632.99 8,567.01 253,100.00 428,947.49 (175,847.49) 0.00 110,906.88 (110,906.88) 377,100.00 1,041,265.44 (664,165.44) 222,400.00 386,219.62 (163,819.62) 584 400.00 2 202 853.00 (1,618,453.00) 1,450,200.00 4,174,825.42 (2,724,625.42) 1,726,200.00 2,740,233.15 (1,014,033.15) 94,000.00 123,855.15 (29,855.15) 27.700.00 32,579.88 (4,879.88) 175,874.00 194,418.74 (18,544.74) 120,687.00 14,440.03 106,246.97 0.00 11,585.00 (11,585.00) 16,719.00 16,719.29 (0.29) 8,600.00 16,666.83 (8,066.83) 4,337,893.00 3,389,901.52 947,991.48 174,200.00 202 363.08 (28,163.08) 6,681,873.00 6,742,762.67 (60,889.67) 2,747,400.00 4,115,871.56 (1,368,471.56) 7,149.00 11,952.48 (4,803.48) 0.00 296,139.27 (296,139.27) 0.00 0.00 0.00 0.00 0.00 0.00 51.00 38.08 12.92 7,200.00 488,930.00 308,129.83 345,486.33 (300,929.83) 143,443.67 28,460,703.00 38,016,766.97 (9,556,063.97) • 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside 1,527,800.00 1,722,111.40 (194,311.40) Contributions 0.00 0.00 0.00 Interest 3,000.00 (6,009.75) 9,009.75 TOTAL LIBRARY 1,530,800.00 1,716,101.65 (185,301.65) GAS TAX REVENUE: Section 2105 189,300.00 220,332.75 (31,032.75) Section 2106 147,000.00 155,464.45 (8,464.45) Section 2107 233,700.00 293,542.04 (59,842.04) Section 2107.5 6,200.00 6,000.00 200.00 Traffic Congestion Relief 44,817.00 163,896.01 (119,079.01) Interest 7,600.00 10,579.74 (2,979.74) TOTAL GAS TAX 628,617.00 849,814.99 (221,197.99) FEDERAL ASSISTANCE REVENUE: CDBG Grant 517,307.00 475,180.69 42,126.31 Interest 0.00 0.00 0.00 TOTAL FEDERAL ASSISTANCE 517,307.00 475,180.69 42,126.31 URBAN FORESTRY Grant Revenue 1,100.00 0.00 1.100.00 Interest 0.00 0.00 0.00 TOTAL URBAN FORESTRY 1,100.00 0.00 1,100.00 SLESF (COPS) REVENUE: SLESF (Cops) Funding 100.000.00 100,000.00 0.00 Interest 700.00 3,844.66 (3,144.66) TOTAL SLESF (COPS) 100,700.00 103,844.66 (3,144.66) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 0.00 0.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LLEBG 0.00 0.00 0.00 INDIAN GAMING Grant revenue 198,942.00 177.250.00 21,692.00 Interest 2,200.00 8,270.99 (6,070.99). TOTAL INDIAN GAMING 201,142.00 185,520.99 15,621.01 LIGHTING & LANDSCAPING REVENUE: Assessment 842,200.00 818,525.84 23,674.16 Developer 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIGHTING & LANDSCAPIN 842,200.00 818.525.84 23,674.16 RCTC RCTC Funding 2,056,829.00 449.011.36 1,607,817.64 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL RCTC 2,056,829.00 449,011.36 1,607,817.64 DEVELOPMENT AGREEMENT FUND Mitigation Measures 408,000.00 0.00 408,000.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL DEV AGREEMENT 408.000.00 0.00 408,000.00 QUIMBY REVENUE: Quimby Fees 4,605,015.00 5,875,672.13 (1,270,657.13) Interest 110,000.00 209 701.73 (99,701.73) TOTAL QUIMBY 4,715:015.002 6,085,373.86 (1,370,358.86) AB939 AB939 Revenue 0.00 1,187,930.75 (1,187,930,75) Interest 0.00 0.00 0.00 TOTAL AB939 0.00 1,187,930.75 (1,187,930.75) INFRASTRUCTURE REVENUE: Utility refund 0.00 2,500.00 (2,500.00) Interest 20,000.00 21,704.26 (1,704.26) Transfer in 0.00 0.00 0.00 TOTAL INFRASTRUCTURE 20,000.00 24,204.26 (4,204.26) VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 TOTAL VILLAGE PARKING 0.00 0.00 0.00 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION REMAINING BUDGET RECEIVED BUDGET 39,900.00 42,489.60 (2,589.60) 0.00 0.00 0.00 0.00 0.00 0.00 2,300.00 5,586.70 (3,286.70) 42,200.00 48,076.30 (5,876.30) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,096,200.00 3,632,186.34 (2,535,986.34) 165,000.00 229,800.62 (64,800.62) 0.00 0.00 0.00 1,261,200.00 3,861,986.96 (2,600,786.96) PARKS & RECREATION Developer fees 446,000.00 1,100,676.00 (654,676.00) Interest 0.00 6,743.01 (6,743.01) Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 446,000.00 1,107,419.01 (661,419.01) CIVIC CENTER Developer fees 256,000.00 597,334.24 (341,334.24) Interest 50,000.00 78,523.95 (28,523.95) Transferin 0.00 0.00 0.00 TOTAL CIVIC CENTER 306,000.00 .675,858.19 (369,858.19) LIBRARY DEVELOPMENT Developer fees 177,500.00 460,475.00 (282,975.00) Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 177,500.00 460,475.00 (282,975.00) COMMUNITY CENTER Developer fees 37,000.00 140,640.00 (103,640.00) Interest 17,600.00 30 254.28 (12,654.28) TOTAL COMMUNITY CENTER 54,600.00 170,894.28 (116,294.28) STREET FACILITY Developer fees 44,100.00 96,275.60 (52,175.60) Interest 3,900.00 7,719.71 (3,819.71) TOTAL STREET FACILITY 48,000.00 103,995.31 (55,995.31) PARK FACILITY Developer fees 11,000.00 20,393.00 (9,393.00) Interest 1,000.00 1,897.10 (897.10) TOTAL PARK FACILITY 12,000.00 22,290.10 (10,290.10) FIRE PROTECTION FACILITY Developer fees 74,500.00 181,253.58 (106,753.58) Interest 0.00 0.00 0.00 TOTAL FIRE PROTECTION FACILI 74,500.00 181,253.58 (106,753,58) LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 0.00 0.00 0.00 Interest 0.00 (0.46) 0.46 TOTAL LIBRARY DEV (COUNTY) 0.00 (0.46) 0.46 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied 97,500.00 368,427.23 (270,927.23) 0.00 0.00 0.00 Interest 23,000.00 33 281.67 (10,281.67) TOTAL ARTS IN PUBLIC PLACES 120,500.00 401,708.90 (281,208.90) INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0.00 0.00 Transfer In 0.00 0.00 0.00 TOTAL INTEREST ALLOCATION 0.00 0.00 0.00 REMAINING BUDGET RECEIVED BUDGET CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 23,683,503.00 7,832,011.96 15,851,491.04 848,479.00 0.00 848,479.00 0.00 0.00 0.00 472,800.00 19,170.00 453,630.00 2,927,843.00 0.00 2,927,843.00 82.656.00 0.00 82,656.00 0.00 0.00 0.00 0.00 0.00 0.00 77,986.00 62,991.00 14,995.00 373,575.00 341,249.07 32,325.93 0.00 0.00 0.00 351,324.00 108.46 351,215.54 0.00 0.00 0.00 93 451,223.00 17 400,596.64 76,050,626.36 122,269,389.00 25,656,127.13 96,613,261.87 ASSESSMENT DISTRICT 2000-1 Interest 3,608.00 4,549.16 (941.16) Assessment Bond Proceeds 0.00 •0.00 0.00 Prepayments -sewer assessments 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL ASSESSMENT DISTRICT 3,608.00 4,549.16 (941.16) EQUIPMENT REPLACEMENT FUND: Equipment Charges 331,300.00 331,312.00 (12.00) Capital Contribution 0.00 317.164.00 (317,164.00) Sale of Fixed Asset 0.00 225.00 (225.00) Insurance Recoveries 0.00 9,985.05 (9,985.05) Interest 65,700.00 96,652.81 (30,952.81) Transfers In 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEME 397,000.00 755,338.86 (358,338.86) INFORMATION TECHNOLOGY FUND: Charges for services 426,000.00 426,018.00 (18.00) Capital Contribution 0.00 151,094.00 (151,094.00) Sale of Fixed Asset 0.00 (3,941.00) 3,941.00 Interest 17,000.00 26.700.96 (9,700.96) Transfers In 0.00 0.00 0.00 TOTAL INFORMATION TECHNOL( 443,000.00 599,871.96 (156,871.96) PARK EQUIPMENT & FACILITY Charges for services 250,000.00 250,000.00 0.00 Interest 6,300.00 17,051.52 (10,751.52) Capital Contributions 0.00 1,007,117.00 (1,007,117.00) TOTAL PARK EQUIPMENT & FAC 256,300.00 1,274,168.52 (1,017,868.52) SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Capital Contributions Transfers In TOTAL SILVERROCK GOLF 3,175,395.00 2,756,860.62 418,534.38 34,470.00 50,467.00 (15,997.00) 52,500.00 54,667.00 (2,167.00) 245,790.00 260.020.39 (14,230.39) 12,000.00 (1,286.88) 13,286.88 0.00 0.00 0.00 0.00 973,013.88 (973,013.88) 200,000.00 164,190.00 35,810.00 3,720,155.00 4,257,932.01 (537,777.01) SILVERROCK GOLF RESERVE Interest 0.00 552.58 (552.58) Transfers In 69,353.00 59,087.31 10,265.69 TOTAL SILVERROCK GOLF 69.353.00 59,639.89 9,713.11 LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 Interest 100.00 402.65 (302.65) TOTAL LQ PUBLIC SAFETY 2,100.00 2,402.65 (302.65) 7 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2006 - 06/30/06 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 769,400.00 621,859.04 0.00 147,540.96 CITY MANAGER'S OFFICE 1,109,297.00 953,984.07 0.00 155,312.93 ECONOMIC DEVELOPMENT 1,196,868.00 1,156,384.40 0.00 40.483.60 PERSONNEL/RISK MGT 856,416.00 697,367.74 0.00 159,048.26 TOTAL GENERAL GOVERNMENT 3,931,981.00 3,429,595.25 0.00 502,385.75 CITY CLERK 539,981.00 499,622.46 0.00 40,358.54 TOTAL CITY CLERK 539,981.00 499,622.46 0.00 40,358.54 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,039,196.00 752,430.61 58.233.00 228,532.39 SENIOR CENTER 372,661.00 337,064.54 0.00 35,596.46 PARKS & RECREATION PROGRAMS 150,182.00 159,292.45 0.00 (9,110.45) LIBRARY 843,605.00 232,325.87 0.00 611,279.13 TOTAL COMMUNITY SERVICES 2,405,644.00 1,481,113.47 58,233.00 866,297.53 FINANCE: FISCAL SERVICES 789,548.00 737,061.82 0.00 52,486.18 CENTRAL SERVICES 608,182.00 506,995.43 0.00 101,186.57 TOTAL FINANCE 1,397,730.00 1,244,057.25 0.00 153,672.75 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 358,518.00 348,389.82 0.00 10.128.18 BUILDING 1.196.774.00 1,420,963.18 1,550.00 (225,739.18) CODE COMPLIANCE 680.374.00 580,183.09 814.00 99,376.91 ANIMAL CONTROL 420,986.00 303,795.03 17,530.00 99,660.97 CIVIC CENTER BUILDING -OPERATIONS 1,024,190.00 1,049,071.89 0.00 (24,881.89)_ TOTAL BUILDING & SAFETY 3,68 ,842.00 3,702,403.01 19,894.00 (41,455.01) PUBLIC SAFETY: POLICE SERVICES 8,131,228.00 6,561,591.00 12,835.00 1,556,802.00 FIRE 4,400,478.00 3,402,022.56 0.00 998,455.44 EMERGENCY SERVICES 33,650.00 15,317.00 0.00 18,333.00 TOTAL PUBLIC SAFETY 12,565,356.00 9,978,930.56 12.835.00 2,573,590.44 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,082,610.00 757,317.26 0.00 325,292.74 CURRENT PLANNING 750,389.00 397,355.89 0.00 353,033.11 TOTAL COMMUNITY DEVELOPMENT 1,832,999.00 1,154,673.15 0.00 678.325.85 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 332,062.00 355,714.47 17,705.00 (41,357.47) DEVELOPMENT & TRAFFIC 1,517,213.00 1,237,009.32 7,170.00 273,033.68 MAINT/OPERATIONS - STREETS 1,334,424.00 1,162,021.94 1,752.00 170,650.06 MAINT/OPERATIONS - LTG/LANDSCAPING 1,958,580.00 2,115,764.77 29,206.00 (186,390.77) MAINT/OPERATIONS - PARK MAINTENANCE 1,128,051.00 1,064,732.39 0.00 63,318.61 ENGINEERING SERVICES 661,417.00 855,990.82 1,325.00 (195,898.82) TOTAL PUBLIC WORKS 6,931,747.00 6,791,233.71 57,158.00 (305,815.71) TRANSFERS OUT 2,042,645.00 972,902.43 0.00 1,069,742.57 GENERAL FUND REIMBURSEMENTS (4,897,821.00) (3,577,182.77) 0.00 (1,320,638.23) NET GENERAL FUND EXPENDITURES 30,431,104.00 25,677,348.52 148,120.00 4,605,635.48 s3D CITY OF LA QUINTA 07/01/2005 - 06/30/06 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 843,605.00 237,283.71 0.00 606,321.29 TRANSFER OUT 509,373.00 369,228.96 0.00 140,144.04 TOTAL LIBRARY FUND 1,352,978.00 .6 , 5. GAS TAX REIMBURSE GENERAL FUND 583,800.00 583,800.00 0.00 0.00 TRANSFER OUT 140,932.00 57,010.62 0.00 83,921.38 TOTAL GAS TAX FUND 724,732.00 0,810.E .00 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 517,307.00 297.869.31 0.00 219,437.69 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 101,400.00 104,433.00 0.00 (3,033.00) LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 344,082.00 197,604.85 0.00 146,477.15 TOTAL LIBRARY FUND 344,082.00 197,604.85 0.00 1 ,4 7.1 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 842,200.00 822,239.53 0.00 19,960.47 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 842,200.56 822,239.53 0.00 19,960.47 RCTC TRANSFER OUT 2,056,829.00 449,011.36 0.00 1.607,817.64 TOTAL RCTC 2,056,829.00 449,011.36 0.00 1,8 17.64 DEVELOPMENT AGREEMENT FUND CONSTRUCTION 408,000.00 0.00 0.00 408,000.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND 408,000.00 0.00 0.00 408.000.00 QUIMBY FUND: TRANSFER OUT 687,481.00 529,701.04 0.00 157.779.96 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 721,353.00 264,621.52 0.00 456,731.48 TOTAL INFRASTRUCTURE 721,353.00 264,621.52 0.00 456,731.48 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 19,120.32 0.00 7,479.68 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY 6,600.00 19.120.32 0.00 7,479.68 CMAQ/ISTEA TRANSFER OUT TOTAL CMAQASTEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 .0.00 TRANSFER OUT 7,322,318.00 4,295,940.94 0.00 3,026.377.06 TOTAL TRANSPORTATION 7,322,318.00 4,295,940.94 0.00 1,026,377.06 PARKS & RECREATION INTEREST ON ADVANCE 110,000.00 110,416.24 0.00 (416.24) TRANSFER OUT 113,358.00 (11,867.88) 0,00 125,225.86 TOTAL PARKS & RECREATION �3�54 .38 0.00 124.809.62 CIVIC CENTER PROGRAM COSTS 0.00 3,304.50 0,00 (3,304.50) REIMBURSE GENERAL FUND 204,173.00 204,151.00 0.00 22.00 TRANSFER OUT 3,146,118.00 320,172.67 0.00 2,825.945.33 TOTAL CIVIC CENTER 3,350,291.00 527,628.17 .0 2,822,662.83 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 82,000.00 86.343.63 0.00 (4,343.63) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 82,000.00 86,34 .63 0.00 (4,343.63) CITY OF LA QUINTA 07/01/2005 - 06/30/08 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.0 FIRE PROTECTION INTEREST ON ADVANCE 37,000.00 39,038.18 0.00 (2,038.18) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 37,000.00 39,038.1 0.00 (2,038.18) LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 9,880.62 0.00 (9,880.62� TOTAL LIBRARY COUNTY DIF 0.00 9,880.62 0.00 (9,aau.a2 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 4,700.00 0.00 (1,200.00) OPERATING EXPENSES-APP 1,800.00 1,815.29 4,700.00 (4,715.29) ART PURCHASES 302,901.00 37,877.27 0.00 265,023.73 TRANSFER OUT 226,920.00 226,920.00 0.00 0.00 TOTAL ART IN PUBLIC PLACES 535,121.00 271,312.564,700.00 259,108.44 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 121,219,046.00 25,300,118.60 0.00 95.918,927.40 PROJECT REIMBURSEMENTS TO GEN FUND 1,050,343.00 356,008.53 0.00 694,334.47 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 122,269,389.00 25,6 ,127.13 0.00 96,6t 61.87 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 CONTR SVCS/REFUND SURPLUS FUNDS 0.00 298,793.29 0.00 (298,793.29) TRANSFER OUT 17,316.00 17,316.42 0.00 (0.42) TOTAL AD 2000-1 17,316.00 316,10 .71 0. (298,793.71) EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 459,585.00 378,908.67 0.00 80,676.33 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,116,585.00 378,908.67 .00 737,676.3 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 648,043.00 289,736.40 2,823.00 355,483.60 TOTAL INFORMATION TECHNOLOGY FUND 648, .00 289,736.40 2,823.00 355,483. PARK MAINTENANCE FACILITY OPERATING EXPENSES 0.00 381,865.00 0.00 (381,865.00) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAC 0.00 381,86 .00 0.00 381,86 .00) SILVERROCK GOLF OPERATING EXPENSES 4,237,309.00 4,523,144.13 0.00 (285.835.13) TRANSFER OUT 69,353.00 59,087.31 0.00 10,265.69 TOTAL SILVERROCK GOLF 4, 662.00 4,582,231.44 0.00 (275,569.44) SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 10 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2006 - 07/31/06 FUNDS BUDGET RECEIVED RECEIVED General $33,009,822.00 $775,139.62 2.30% Library 1,855,100.00 0.00 0.00% Gas Tax Revenue 855,581.00 0.00 0.00% Federal Assistance 202,600.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Slesf (Cops) Revenue 102,700.00 0.00 0.00% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 185,750.00 177.250.00 95.40% Lighting & Landscaping 890,900.00 0.00 0.00% RCTC 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 165,560.00 6,240.00 3.80% AB 939 0.00 0.00 0.00% Quimby 1,939,900.00 396,480.00 20.40% Infrastructure 7,500.00 0.00 0.00% Village Parking 0.00 0.00 0.00% South Coast Air Quality 52,400.00 0.00 0.00°% Cmaq/Istea 0.00 0.00 0.00% Transportation 1,390,600.00 79.587.04 5.70% Parks & Recreation 446,000.00 16,056.00 3.60% Civic Center 256,000.00 9,905.76 3.90% Library Development 177,500.00 6,390.00 3.60% Community Center 75,300.00 1,332.00 1.80% Street Facility 54,300.00 1,862.32 3.40% Park Facility 13,600.00 396.00 2.90% Fire Protection Facility 74,500.00 3,879.52 5.20% Arts In Public Places 138.100.00 10,387.85 7.50% Interest Allocation 0.00 303,785.33 0.00% Capital Improvement 105,749,228.00 98,992.12 0.10% Equipment Replacement 616,500.00 486,999.00 79.00% Information Technology 411,200.00 373,500.00 90.80% Park Equipment & Facility 373,722.00 350,722.00 93.80% SilverRock Golf 3,427,110.00 97,423.81 2.80% SilverRock Golf 67,426.00 0.00 0.00% LQ Public Safety Officer 2,300.00 2,000.00 87.00% La Quinta Financing Authority 6,617,022.00 1.93 0.00% RDA Project Area No. 1 52,635,204.00 538,925.55 1.00°% RDA Project Area No. 2 29,138,442.00 244.215.24 0.80°% Total $240 931 867.00 1 $3 981 471.09 1.70% 91 11 CITY OF LA OUINTA EXPENDITURES• ALL FUNDS 07101/2006. 07/31106 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT FUNDS General $33,493,927.00 $2,2 9,890.45 $0.00 0.00 $31,234,036.55 869,275.00 6.7% 0.0% Library 869,275.00 901,729.00 0.00 71,298.49 0.00 830,430.51 7.9% Gas Tax Federal Assistance 466,422.00 0.00 0.00 0.00 0.00 466,422.00 0.00 0.0% 0.0% Urban Forestry 0.00 101,400.00 0.00 0.00 101,400.00 0.0% Slesf (Cops) Revenue 0.00 0.00 0.00 0.00 0.0% Local Law Enforcement 201,142.00 0.00 0.00 201,142.00 0.0% Indian Gaming Lighting & Landscaping 690,900.00 74,241.63 0.00 816,658.37 8.3% 0.0% RCTC 1,928,817.00 0.00 0.00 0.00 0.00 1.928,817.00 0.00 0.0% Development Agreement CV Violent Crime Task Force 0.00 102.700.00 1,092.45 0.00 101,607.55 1.1% 0.0% AB 939 0.00 116,650.00 0.00 0.00 0.00 0.00 0.00 116,650.00 0.0% Quimby Infrastructure 456,732.00 (79,390.00) 0.00 0.00 536,122.00 (1,893.00) 17.4% 0.0% Village Parking South Coast Air Quality (1,893.00) 26,600.00 0.00 0.00 0.00 26,600.00 0.0% 0.0% CmagAstea 0.00 5,940.685.00 0.00 2,000.00 0.00 0.00 0.00 5,938,685.00 0.0% Transportation Parks & Recreation 12522600 31,398.00 0.00 0.00 93,828.00 2,983,633.37 25.1% 1.5% Civic Center 3,029,605.00 0.00 45,971.63 0.00 0.00 0.00 0.0% Library Development 0.00 0.00 0.00 0.00 0.0% Community Center 75,000.00 0.00 0.00 75,000.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection Arts In Public Places 487,050.00 0.00 0.00 487,050.00 0.00 0.0% 0.0% Interest Allocation 0.00 105,749,229.00 0.00 98,992.12 0.00 0.00 105,650.236.88 0.1% Capital improvement Equipment Replacement 1,223,545.00 645.34 0.00 1,222,899.66 445.497.52 0.1% 1.3% Information Technology 451,212.00 5,714.48 0.00 0.00 0.00 0.00 0.0% Park Maintenance Facility SilverRock GOO 0.00 4,132,239.00 14,062.30 0.00 4,118,176.70 0.3% SilverRock Reserve 37,211.00 37,211.00 0.00 0.00 0.00 0.00 2,000.00 100.0% 0.0% Lq Public Safety Officer La Quinta Financing Authority 2.000.00 6,617,146.00 246.74 0.00 6,616,899.26 0.01'0 RDA Project Area No. 1 70,267,568.00 295,625.80 (364,418.23) 0.00 0.00 69.971,942.20 75,708,919.23 0.4% A.5% RDA Project Area No. 2 75.344,501.00 Total 1 9� 12 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 0710112006 - 07/31106 REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax 1,417,600.00 0.00 1,417,600.00 No Low Property Tax Distribution 1,733,500.00 0.00 1,733,500.00 Sales Tax 6,484,125.00 207,750.00 6.276,375.00 Sales Tax Reimbursement 2,161,375.00 0.00 2,161,375.00 Document Transfer Tax 1,017,200.00 0.00 1,017,200.00 Transient Occupancy Tax 4,520,000.00 0.01 4,519,999.99 Transient Occupancy Tax - Mitigatiol 299,050.00 0.00 299,050.00 Franchise Tax 1,063,100.00 0.00 1,063,100.00 TOTAL TAXES 18,695,950.00 207,750.01 18,488,199.99 LICENSE & PERMITS: Business License 252,300.00 21,852.50 230,447.50 Animal License 17,000.00 1,456.00 15,544.00 Building Permits 558,600.00 53.841.78 504,758.22 Plumbing Permits 84,400.00 6,999.75 77,400.25 Mechanical Permits 47,600.00 4,336.00 43,264.00 Electrical Permits 65,500.00 6,289.73 57,210.27 Garage Sale Permits 10,600.00 900.00 9,700.00 Misc. Permits 91,100.00 11 289.32 79,810.68 TOTAL LICENSES & PERMITS 1,127,100.00 108,965.08 1,018,134.92 FEES: Sale of Maps & Publications 5,500.00 359.67 5,140.33 Community Services Fees 167,300.00 15,706.93 151,593.07 Finance 2,000.00 0.00 2,000.00 Bldg & Safety Fees 377,200.00 54,515.62 322,684.38 Community Development Fees 222,400.00 10,720.00 211,680.00 Public Works Fees 359,400.00 198,675.35 160,724.65 TOTAL FEES 1,133,800.00 279,977.57 653,822.43 INTERGOVERNMENTAL INTEREST MISCELLANEOUS Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL Miscellaneous Revenue Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 2,916,900.00 0.00 2,916,900.00 143,800.00 0.00 143,800.00 25,700.00 2,520.00 23,180.00 137,000.00 5,895.00 131,105.00 79,430.00 0.00 79,430.00 0.00 0.00 0.00 0.00 0.00 0.00 8,600.00 0.00 8,600.00 4,214,400.00 0.00 4,214,400.00 202,400.00 0.00 202,400.00 7,728,230.00 8,415.00 7,719,815.00 3,987,300.00 168,333.26 3,818,966.74 4,900.00 1,701.70 3,198.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (3.00) 3.00 4,900.00 1,698.70 3,201.30 332,542.00 0.00 332,542.00 33,009,822.00 775,139.62 32,234,682.38 j 3 13 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside 1,814.300.00 0.00 1,814,300.00 Contributions 0.00 0.00 0.00 Interest 40 800.00 0.00 40,800.00 TOTAL LIBRARY 1,855,100.00 0.00 1,855,100.00 GAS TAX REVENUE: Section 2105 224,400.00 0.00 224,400.00 Section 2106 158,100.00 0.00 158,100.00 Section 2107 299,100.00 0.00 299,100.00 Section 2107.5 6,200.00 0.00 6,200.00 Traffic Congestion Relief 159,881.00 0.00 159,881.00 Interest 7,900 00 0.00 7,900.00 TOTAL GAS TAX 855,581.00 0.00 855,581.00 FEDERAL ASSISTANCE REVENUE: CDBG Grant 202,600.00 0.00 202,600.00 Interest 0.00 0.00 0.00 TOTAL FEDERAL ASSISTANCE 202,600.00 0.00 202,600.00 URBAN FORESTRY Grant Revenue 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL URBAN FORESTRY 0.00 0.00 0.00 SLESF(COPS)REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100.000.00 Interest 2,700.00 0.00 2,700.00 TOTAL SLESF (COPS) 102,700.00 0.00 102.700.00 LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 0.00 0.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LLEBG 0.00 0.00 0.00 INDIAN GAMING Grant revenue 177,250.00 177,250.00 0.00 Interest 8,500.00 0.00 8,500.00 TOTAL INDIAN GAMING 185,750.00 177,250.00 8,500.00 LIGHTING & LANDSCAPING REVENUE: Assessment 890,900.00 0.00 890,900.00 Developer 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIGHTING & LANDSCAPIN 890,900.00 0.00 890,960.00 RCTC RCTC Funding 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL RCTC 0.0 0.00 0. DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL DEV AGREEMENT 0.00 0.00 0.00 CRIME VIOLENT TASK FORCE Member Contributions - Carryover 70,000.00 6,240.00 63,760.00 Grantrevenue -JAIB 87,960.00 0.00 87,960.00 CLET Line 6,000.00 0.00 6,000.00 Interest 1600.00 0.00 1,600.00 TOTAL CRIME VIOLENT TASK FO 165,560.00 6,240.00 159,320.00 AB 939 REVENUE: AB 939 Fees Interest TOTAL QUIMBY QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,667,000.00 396,480.00 1,270,520.00 272 900.00 0.00 272 900.00 1.559,900.00 3 6,480. 1, 3,420.00 0.00 0.00 0.00 7,500.00 0.00 7,500.00 0.00 0.00 0.00 7,500.00 0.00 7,500.00 0.00 0.00 0.00 0.00 0.00 0.00 14 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTALSCAQ CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA 45,000.00 0.00 45,000.00 0.00 0.00 0.00 0.00 0.00 0.00 7,400.00 0.00 7,400.00 52,400.00 0.00 52,400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TRANSPORTATION Developer fees 1,096,200.00 79,587.04 1,016,612.96 Interest 294,400.00 0.00 294,400.00 Transfer in 0.00 0.00 0.00 TOTAL TRANSPORTATION 1,390,600.00 79,587.04 1,311,012.96 PARKS & RECREATION Developer fees 446,000.00 16,056.00 429,944.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 446,000.00 16,056.00 429,944.00 CIVIC CENTER Developer fees 256,000.00 9,905.76 246.094.24 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL CIVIC CENTER 256,000.00 9,905.76 246,094.24 LIBRARY DEVELOPMENT Developer fees 177,500.00 6,390.00 171,110.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 177,500.00 6,390.00 171,110.00 COMMUNITY CENTER Developer fees 37,000.00 1,332.00 35,668.00 Interest 38,300.00 0.00 38,300.00 TOTAL COMMUNITY CENTER 75,300.00 1.332.00 73,968.00 STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY 44,100.00 1,862.32 42,237.68 10,200.00 0.00 10,200.00 54,300.00 1,862.32 52,437.68 11,000.00 396.00 10,604.00 2,600.00 0.00 2,600.00 13,600.00 396.00 13,204.00 Developer fees 74,500.00 3,879.52 70,620.48 Interest 0.00 0.00 0.00 TOTAL FIRE PROTECTION FACILI 74,500.00 3,879.52 70,620.48 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 10,387.85 87,112.15 Arts in Public Places Credits Applied 0.00 0.00 0.00 Interest 40,600.00 0.00 40,600.00 TOTAL ARTS IN PUBLIC PLACES 138,100.00 10,387.85 127,712.15 INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 303,785.33 (303,785.33) Transfer In 0.00 0.00 0.00 TOTAL INTEREST ALLOCATION 0.00 303.785.33 (303,785.33) 9J 15 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 15,851,492.00 0.00 15,851,492.00 848,479.00 0.00 848,479.00 0.00 0.00 0.00 1.674,430.00 0.00 1,674,430.00 2,927,843.00 79,390.00 2,848,453.00 82,656.00 0.00 82.656.00 0.00 0.00 0.00 0.00 0.00 0.00 25,099.00 0.00 25,099.00 25,598.00 0.00 25,598.00 0.00 0.00 0.00 351,215.00 0.00 351,215.00 0.00 0.00 0.00 83 962 416.00 19,602.12 83,942,813.88 105,749,228.00 98,992.12 105,650,235.88 EQUIPMENT REPLACEMENT FUND: Equipment Charges 487,000.00 486,999.00 1.00 Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Insurance Recoveries 0.00 0.00 0.00 Interest 129,500.00 0.00 129,500.00 Transfers In 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEME 616,500.00 486,999.00 129,501.00 INFORMATION TECHNOLOGY FUND: Charges for services 373,500.00 373,500.00 0.00 Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Interest 37,700.00 0.00 37,700.00 Transfers In 0.00 0.00 0.00 TOTAL INFORMATION TECHNOLC 411,200.00 373,500.00 37,700.00 PARK EQUIPMENT & FACILITY Charges for services 350,722.00 350,722.00 0.00 Interest 23,000.00 0.00 23,000.00 Capital Contributions 0.00 0.00 0.00 TOTAL PARK EQUIPMENT & FAC 373.722.00 350,722.00 23,000.00 SILVERROCK GOLF Green fees 2,985.870.00 51,658.99 2,934,211.01 Range fees 62,181.00 565.00 61,616.00 Resident Card 30,600.00 1,590.00 29,010.00 Merchandise 311,248.00 6,398.82 304,849.18 Food & Beverage 0.00 0.00 0.00 Allocated Interest Income 0.00 0.00 0.00 Transfers In 37 211.00 37,211.00 0.00 TOTAL SILVERROCK GOLF 3,427,110.00 97,423.81 3,329,686.19 SILVERROCK GOLF RESERVE Interest 0.00 0.00 0.00 Transfers In 67 426.00 0.00 67,426.00 TOTAL SILVERROCK GOLF 67,426.00 0.00 67,426.00 LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 Interest 300.00 0.00 300.00 TOTAL LQ PUBLIC SAFETY 2,300.00 2,000.00 300.00 96 16 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2006 - 07/31/06 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 862,350.00 50,313.42 0.00 812,036.58 CITY MANAGER'S OFFICE 1,165,005.00 93,578.46 0.00 1.071,426.54 ECONOMIC DEVELOPMENT 1,585.500.00 266,980.96 0.00 1.318,539.04 PERSONNELIRISK MGT 1,123,483.00 315,216.84 0.00 808,266.16 TOTAL GENERAL GOVERNMENT 4, 36,338.00 726,069.68 0.00 4,010,268.32 CITY CLERK 597,804.00 61.798.47 0.00 536,005.53 TOTAL CITY CLERK 597,804.00 61,798.47 0.00 536,005.53 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,079.074.00 52,871.66 0.00 1,026,202.34 SENIOR CENTER 388,971.00 37,024.05 0.00 351,946.95 PARKS & RECREATION PROGRAMS 173.196.00 10,303.92 0.00 162,892.08 LIBRARY 869,275.00 110,529.43 0.00 758,745.57 PARK MAINTENANCE 1,210,810.00 369,451.45 0.00 841,358.55 TOTAL COMMUNITY SERVICES 3,721,326.00 580,180.51 0.00 3,141,145.49 FINANCE FISCAL SERVICES 865,577.00 84,242.82 0.00 781,334.18 CENTRAL SERVICES 315,879.00 81,303,37 0.00 234,576.63 TOTAL FINANCE 1,181,455.00 165,546.19 0.60 1,015,909.81 BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 378,912.00 30,314.06 0.00 348,597.94 BUILDING 1,009,636.00 79,011.45 0.00 930.624.55 CODE COMPLIANCE 905,277.00 96,164.23 0.00 809,112.77 ANIMAL CONTROL 386.980.00 44,425.99 0.00 342,554.01 CIVIC CENTER BUILDING -OPERATIONS 1,098,40&00 51,914.12 0.00 1,046,493.88 TOTAL BUILDING & SAFETY 3,779,213.00 301.829.85 0.00 3,477,383.15 PUBLIC SAFETY: POLICE SERVICES 9,455,117.00 42,471.00 0.00 9,412,648.00 FIRE 4,214,373.00 35,329.94 0.00 4,179,043.06 EMERGENCY SERVICES 182,949.00 315.00 0.00 182,634.00 TOTAL PUBLIC SAFETY 13,852,439.00 78,115.94 0.00 13,774,323.05 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 1,100,549.00 63,479.99 0.00 1,037,069.01 CURRENT PLANNING 924,276.00 53,227.87 0.00 871,048.13 TOTAL COMMUNITY DEVELOPMENT 2,024,825.00 116,107.86 0.00 1,9W,117.14 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 543,108.00 37,638.84 0.00 505,469.16 DEVELOPMENT & TRAFFIC 982,653.00 81,341.39 0.00 901,311.61 MAINT/OPERATIONS- STREETS 2,265,924.00 210,125.21 0.00 2.055,798.79 MAINT/OPERATIONS- LTG/LANDSCAPING 1,848,676.00 87,178.76 0.00 1.761,497.24 MAINT/OPERATIONS - PARK MAINTENANCE 373,542.00 12,985.15 0.00 360,556.85 CONSTRUCTION MANAGEMENT 980,227.00 44,067.35 0.00 936,159.65 TOTAL PUBLIC WORKS 6,994,130.00 473,336.70 0.00 6,131,622.30 TRANSFERS OUT 1.503,459.00 2,000.00 0.00 1,501.459.00 GENERAL FUND REIMBURSEMENTS (4,897,063.00) (245694.75) 0.00 (4,651,368.25) NET GENERAL FUND EXPENDITURES 33,493,927.00 2,259.890.45 0.00 31,234,036.55 97 17 CITY OF LA QUINTA 0710112006 - 07131106 REMAINING OTHER CITY FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDITURE SUMMARY LIBRARY FUND PROJECT EXPENDITURES 0.00 869,275.00 0.00 0.00 0.00 0.00 0.00 869,275.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 TRANSFER OUT TOTAL LIBRARY FUND 869,27 GAS TAX REIMBURSE GENERAL FUND 855,581.00 71,298.49 0.00 0.00 784,282.51 46,148.00 TRANSFER OUT 46,148.00 0.00 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 466 422.00 0.00 0.00 466,422.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 101 400.00 0.00 0.00 101,400.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND 201,142.00 0.00 0.00 201.142.00 TRANSFER OUT TOTAL LIBRARY FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: 890,900.00 74,241.63 0.00 816,658.37 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL LTGILANDSCAPING FUND890,966- .65---------74,241.83 RCTC TRANSFER OUT 1,928,817.00 0.00 0.00 1,928,817.00 TOTAL RCTC 1,928,817.00 0. DEVELOPMENT AGREEMENT FUND 0.00 0.00 0.00 0.00 CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE 102,700,00 1,092.45 0.00 101,607.55 OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL CRIME VIOLENT TASK FORCE 102,700.00 4 AB 939 OPERATING EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 TOTAL AB 939 QUIMBY FUND: 116650.00 0.00 0.00 118,650.00 TRANSFER OUT INFRASTRUCTURE FUND 0.00 0.00 0.00 0.00 CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 456.732.00 79,390.00 0.00 536,122.00 TRANSFER OUT TOTAL INFRASTRUCTURE 456.732.00 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,89300) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND 26,600.00 0.00 0.00 26,600.00 PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL SOUTH COAST AIR QUALITY CMAQASTEA TRANSFER OUT TOTAL CMAQIISTEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 5,940,685.00 2,000.00 0.00 5,938,685.00 TRANSFER OUT TOTAL TRANSPORTATION PARKS & RECREATION 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 125,226.00 31,398.00 0.00 113,828.00 TRANSFER OUT TOTAL PARKS & RECREATION CIVIC CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS REIMBURSE GENERAL FUND 203,660.00 16,971.63 0.00 186,688.37 TRANSFER OUT 2,825,945.00 29,000.00 0.00 2,796,945.00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL LIBRARY DEVELOPMENT 18 CITY OF LA QUINTA 07101/2006 - 07/31/08 REMAINING OTHER CITY FUNDS EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER STREET FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 75,000.00 0.00 0.00 75,000.00 TOTAL STREET FACILITY 75,ODO.00 0.00 0.00 75,UW'ff- PARK FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 0.00 0.00 30,000.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 255,250.00 0.00 0.00 255,250.00 TRANSFER OUT 200,000.00 0.00 0.00 200.000.00 TOTAL ART IN PUBLIC PLACES 487,050.00 0.00 0.00 4876nU- CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 104,669,782.00 98,992.12 0.00 104,570,789.88 PROJECT REIMBURSEMENTS TO GEN FUND 1,079,447.00 0.00 0.00 1,079.447.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND 566.545.00 645.34 0.00 565,899.66 OPERATING EXPENSES 657,000.00 0.00 0.00 657,000.00 TRANSFER OUT TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 451,212.00 5,714.48 0.00 445,497.52 TOTAL INFORMATION TECHNOLOGY FUND 451,212.00 PARK MAINTENANCE FACILITY 0.00 0.00 0.00 0.00 OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 4,064,813.00 14,062.30 0.00 4,050,750.70 TRANSFER OUT 67.426.00 0.00 0.00 67,426.00 TOTAL SILVERROCK GOLF ,1 1 , SILVERROCK GOLF RESERVE 37.211.00 37,211.00 0.00 0.00 TRANSFER OUT TOTAL SILVERROCK GOLF RESERVE 37,211.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 19 0 o COUNCIL/RDA MEETING DATE ceihf 4 XP Qum& September 19, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of an Advance from the General Fund to the SilverRock Golf Enterprise Fund CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve an advance of $889,038 from the General Fund to the SilverRock Golf Enterprise Fund to cover operations for Fiscal Year 2005/2006. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 advance to cover operating losses from the SilverRock Golf Course is $875,674 for operations ($305,658 in Fiscal Year 2004/2005) and $13,364 in interest on the outstanding advances ($260 in Fiscal Year 2004/2005). This advance request is based upon the annual audit which was conducted in August. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City entered into a management agreement with Landmark Golf to operate the SilverRock Golf Course. Landmark was advanced $250,000 to use to pay operating expenses for golf course operations. Twice per month Landmark Golf requests a reimbursement for their expenses which are approved by the Community Services Department and a wire transfer is processed by the Finance Department to replenish the balance back to the $250,000 level. The Fiscal Year 2005/06 SilverRock original budget projected a $450,470 deficit. During the course of the year $136,037 in budget amendments were approved which increased the deficit to $586,507. The primary reason for the increased deficit was unrealized greens fee income. The following chart lists the advances the City Council has entered into and the actual amount spent through June 30, 2006. APPROVED APPLIED Description TRANSACTIONS THRU 6/30/2006 AVAILABLE Operating Bank Account 250,000 250,000 - Advance for Inventory 25,330 20,251 5,079 Liquor License 45,000 1,000 44,000 Food & Beverage Opening Inventory 15,000 - 15,000 Pro Shop Opening Inventory 80,000 67,328 12,672 Pre -Opening FFE Equipment 71,000 43,100 27,900 Subtotal 486,330 381,679 104,651 Interest on Advances — FY 04/05 260 260 - Interest on advances — FY 05/06 13,364 13,364 - FY 04/05 Operations 305,658 305,658 - FY 05/06 Operations 875,674 875,674 - Totals 1,681,286 1,576,635 104,651 Staff is requesting an additional advance of $875,674 for operations and $13,364 in Fiscal Year 2005/2006 on interest on the outstanding advances for a total of $889,038. It should be noted that next year's Fiscal Year 2006/2007 budget also projects a loss of $637,703 which will also require a future advance. It is anticipated that these advances will be repaid from future golf course net income that is generated in future years. The outstanding advances will be charged the LAIF(Local Agency Investment Fund) earnings rate on a quarterly basis. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the advance from the General Fund to the SilverRock Golf Enterprise Fund for $889,038; or 2. Do not approve the advance from the General Fund to the SilverRock Golf Enterprises Fund; or 3. Provide staff with alternative direction. 101 I;, Respectfully submitted: �1 John M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager 10'12. T41tit 4 44v QuiKrav COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for a Period of One -Year for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of the Off - Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to September 9, 2007 for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC. FISCAL IM PUCATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Madison Club (Tract Map No. 33076-1), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On September 9, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary_ to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of 5 1 103 the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " As the improvements are not critical, staff recommends that the time extension be granted. In a letter received from the developer requesting a time extension, the developer provided the City with a schedule with an anticipated completion date of September 9, 2007 for the remainder of the on -site improvements. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement for a period of one-year to September 9, 2007 from the original date SIA was approved for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one-year to September 9, 2007 from the original date SIA was approved for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R ona n, P.E. Public Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 104 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE-YEAR FOR TRACT MAP NO. 33076-1, THE MADISON CLUB, EAST OF MADISON, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC on September 9, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 9, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 9, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the. approved SIA shall remain in full force and effect. 105 Resolution No. 2006- Tract Map No. 33076-1, The Madison Club Adopted: September 19, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19t' day of September 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT VICINITY MAP N4 SCALE 107 T4ht 4 ZP Qu&& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: September 19, 2006 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution to Extend the CONSENT CALENDAR: Time for Completion of the On -Site Improvements for a Period of One -Year for Tract Map No. 33076-1, the STUDY SESSION: Madison Club, East of Madison, LLC PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council to extend the time for completion of the On - Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one-year to September 9, 2007 for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Madison Club (Tract Map No. 33076-1), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On September 9, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or 1 109 affected by the Improvements. " As the improvements are not critical, staff recommends that the time extension be granted. In a letter received from the developer requesting a time extension, the developer provided the City with schedule a with an anticipated completion date of September 9, 2007 for the remainder of the on -site improvements. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of he on -site improvements as specified in the approved Subdivision Improvement Agreement for a period of one-year to September. 9, 2007 from the original date SIA was approved for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of on -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one-year to September 9, 2007 from the original date SIA was approved for Tract Map No. 33076-1; The Madison Club, East of Madison, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. J ss n P.E. Public WorksDirector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 10 9 2 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE-YEAR FOR TRACT MAP NO. 33076-1, THE MADISON CLUB, EAST OF MADISON, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 33076-1, The Madison Club, East of Madison, LLC on September 9, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 9, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 9, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in; -the 1 o approved SIA shall remain in full force and effect. Resolution No. 2006- Tract Map No. 33076-1, The Madison Club Adopted: September 19, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of September 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT -1 HIGHWAY AVE. W AvE. 52 AVE. 53 AVE. 5'� TRACT NO. o 33076--1 AIRPORT BLVD. VICINITY MAP NO SCALE a LOU • uu�crcv OF f9� COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Denial of Claim for Damages Filed By Leon Kagan: Date of Loss: June 25, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: f� STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Leon Kagan, with a reported date of loss of May 25, 2006. FISCAL IMPLICATIONS: The total amount of the claim was $ 663.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Leon Kagan with a reported date of loss of June 25, 2006, (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 113 1 . Deny the Claim for Damages filed by Leon Kagan with a reported date of loss of June 25, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: T Thomas P. Genovese, City Manager Attachment: 1. Leon Kagan, Claim for Damages 1,14 s HQme Addnss of DlaenantatY FI6'R.t'.�, WAY �N�✓.Cv�_ ��6r,��r�r3�' .. •. Gi V aftbW xi �in�MM VWddske ��VWVV N MI��W�RIQ UPI .s.,•.• i VVMM.S .-�...._.• ..... -. reg"V �a b/3o— When dd DAMAGE or NVRY oocur? Names of any cKy bvdved*t MA RY or DAMAGE Dade: {2�/ZS�o 6 _ ;Tine a A If (bun is for EguRaW Indeanity, give date Where did DAMAGE or N.N�tY oocu ? °C sa a fi�iy and locateoa diagram on a of ius sheet Where gne s(reet van s and address and, mils from mks; Desabe' &-W now the DAMAGE or WJUW ooamed. < 1 DesW in defad each INJURY or DAMAGE _ .D Tare amount dakried, as of the datelo(presenta" of this chain, is 66mptlted`asblows: Damages inwrredlodate ,(exacl): Es#wled prospective damages as far as Known: Damage to property ............ ........ $ Future expenses for mescal a4ttos'piLd. bpre Expenses for medical and hlbqxw care, iWce lm_, in _FtL _,,Qf.ea.M - �: -t !�-A gs. _- �_ A , , , �i , LOSS Of eamR's ............. ........ 00,94),l "910"Ree.-damages .......... PW-1, 001 00' Proveckwr Pqw. General damages ............... 47 - ...... Total damages incurred 16 date ........ $ 1 .Total amount claim as of dale dpre`pen6fion of this dais: $ A tv k*jqf-inves0gabq bypolice? .Was Al If so, name cky or ambulance Name, -4cov. Name —Address 75-1 Phone ' Doctor L Doctor Address P haw READ CAREFULLY Foral aodderidaw phwe on Mowing &#= name of streets, Wbft North, acWeitby'-A,14&Wk)cafimofyourseffor your vetdde at fie I= of fie aocident I - NOTE: f6agom 8 proper dWzrrl r �)M signed by dagwrit. 0 SIDEWALK CURB -NOTE CLAIMS MUST OEFILEDV `A Oka PARKWAY C-IMM"A I otafalse -slain isa-L-imy(Pen..Code '.&'72 COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Authorization for Overnight Travel for the Community Services Director, Recreation Supervisor and One Community Services. Commissioner to Attend the California Parks and Recreation Society Conference in Sacramento, California, March 8-10, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve overnight travel for the Community Services Director, Recreation Supervisor and one Community Services Commissioner to attend the California Parks and Recreation Society Conference in Sacramento, California, March 8-10, 2007. FISCAL IMPLICATIONS: The costs associated with this conference will be funded through the Community Services Administration Travel, Training and Meetings Account No. 101-3001- 451.51-01. This budget item contains a line item for one Commissioner and two staff to attend the California Parks and Recreation Society annual conference. The estimated expenditures are as follows: Registration $319 Meals $200 Lodging $600 Travel $250 TOTAL: $1,369 per person x 3 = $4,107 CHARTER CITY IMPLICATIONS: None. 117 S:\CityMgr\STAFF REPORTS ONLY\9-19-06\C21 CPRS Overnight Travel.doc BACKGROUND AND OVERVIEW: The annual conference of the California Parks and Recreation Society (CPRS) gathers parks and recreation professionals and commissioners from all areas of the State of California to network and share information on issues of common interest. Staff receives information on current federal, state and county policies, marketing strategies and programming trends. Information regarding the conference is provided as Attachment 1. The request for overnight travel is being considered in advance in an effort to take advantage of lower flight prices and to enable staff to make reservations for lodging at a reduced rate. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Services Director, Recreation Supervisor and one Community Services Commissioner to attend the California Parks and Recreation Society Conference in Sacramento, California, March 8-10, 2007; or 2. Do not approve the authorization for overnight travel for the Community Services Director, Recreation Supervisor and one Community Services Commissioner to attend the California Parks and Recreation Society Conference in Sacramento, California, March 8-10, 2007;; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylkon, C munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2007 CPRS Conference Registration Form ATTACH ANNUAL CONFERENdET 2007 Conference Early Bird Registration Form Payment Information Please Click Applicable Type CPRS CAPRCBM NRPA* Nonmember *Note: NRPA members must send a copy of their valid member card for verification. Category Rate r', Member - $289* F Nonmember - $489 * $289 is "Early Bird" member rate. Other registration discounts do not apply with this Early Bird special, including the 6th Free Promotion. Registration with full payment must be postmarked by September 15, 2006. No purchase orders accepted. Questions? Call California Park & Recreation Society, 916/665-2777. Payment Type Total $ I Visa Mastercard Select Payment type at right American Express If check, make payable to Check (mail only) CPSRPTC Bankcard #) (� Expiration Date Cardholder Name/ Signature E-mail this form to registrar@cprs.org or print and mail or fax to: Registrar, California Park & Recreation Society, 7971 Freeport.BXd., Sacramento, CA 95832-9701, 119 Fax 916/665-9149 W6�,W?0,9 7 W I, COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Authorization for Overnight Travel for the Assistant Engineer II to Attend the Basic Traffic Signal Design Seminar to be held in San Diego, CA, September 26, 2006 through September 28, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Assistant Engineer II to attend the Basic Traffic Signal Design Course to be held in San Diego, California, September 26, 2006 through September 28, 2006. FISCAL IMPLICATIONS: The Fiscal Year 2006/2007 Budget (Account No. 101-7005-431.51-01) has allocated funds for travel, training and meetings for staff. Attendance at this conference is estimated to be $373 based on the following costs: Course = $375 Hotel (3 nights x $86) _ $258 Meals = $120 Travel (260 roundtrip miles x $0.445) _ $1 16 Total $869 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The University of California Berkeley, Institute of Transportation Studies is providing training on Basic Traffic Signal Design. This is a three-day "hands on" interactive course that covers basic concepts, standards, and practices related to the design and installation is traffic signals. The course will be held September 26, 2006 through September 28, 2006 in San Diego, California. If approved, the Assistant Engineer II will attend this training course. The course description is included as Attachment 1. 1�� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Assistant Engineer II to attend the Basic Traffic Signal Design Course to be held in San Diego, California, September 26, 2006 through September 28, 2006; or 2. Do not authorize overnight travel for the Assistant Engineer II to attend the Basic Traffic Signal Design Course to be held in San Diego, California, September 26, 2006 through September 28, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, I-F othy R. on sso .E. blic Wor irecto City Engineer Approved for submission by: 2� Thomas P. Genovese, City Manager Attachment: 1. Basic Traffic Signal Design Course Description ATTACHMENT 1 TE-02 Basic Traffic Signal Design CEUs: 2.40 Description This course covers basic concepts, standards, and practices related to the design and installation of traffic signals, including those described in the "Manual on Uniform Traffic Control Devices" (MUTCD), "The Caltrans Traffic Manual," and "The Caltrans Signal and Lighting Design Guide." The course includes lectures, sample problems, and exercise projects in which students prepare complete traffic signal plans (e.g., phase diagram, pole and equipment schedule, and conductor schedule) for typical as well as more complex intersections. Topics Include • warrants for traffic signals • preparation of contract plans • signal phasing • contract specifications and estimates • controller units, cabinets, and poles • vehicle and pedestrian detectors What you will learn Students gain a good working understanding of concepts and standards needed to develop plans for traffic signal installations, including step-by-step procedures. Who should attend This is an introductory course targeted for traffic engineers, technicians, and maintenance and construction personnel with little or no experience in how to plan for and install traffic signals, particularly those working at city and county agencies. Requirements Please bring the following tools to the course: pocket calculator, engineer's scale (with 1:20 scale), 12" straight edge, and four colored pencils (red, green, blue, black). COUNCIL/RDA MEETING DATE: Sept em ber 19, 2 0 0 6 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30138, Diamante, La Quinta Developers, LLC. RECOMMENDATION: N AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 30138, Diamante, La Quinta Developers, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30138 is located east of Jefferson Street and north of Avenue 52 (Attachment 1). This residential development will consist of 47 lots on approximately 14.8 acres (Attachment 2). On August 5, 2003, the City Council approved Tentative Tract Map No. 30138. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. It is expected that all signatures will be in place within the time allowed for its conditional approval. 1'3 As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (October 19, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30138, Diamante, La Quinta Developers, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30138, Diamante, La Quinta Developers, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Ju mothy ona n, P.E. blic WoW Director/ City Engineer Approved for submission by: D �r Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 �. RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 30138, DIAMANTE, LA QUINTA DEVELOPERS, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 30138 is conditionally approved provided the subdivider submits all required items on or before October 19, 2006. Resolution No. 2006- Tract Map No. 30138, Diamante Adopted: September 19, 2006 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on October 19, 2006. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a City Council held on this 19th day of September wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None regular meeting of the La Quinta , 2006, by the following vote, to Resolution No. 2006- Tract Map No. 30138, Diamante Adopted: September 19, 2006 Page 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 IN THE CITY OF LA QUINTA, CALIFORNIA r30l 30 IN THE SE 1 /4 OF SECTION 4, T6S, R7E, S6M C0T7 OF INDI® 50TH AVENUE ri �W CITY OF UINTA � e Z N g O s� � CCCTTT N SITE 52ND AVENUE VICINITY MAP N.T.S. s I 8<� o« E S o � N � W U 0 S .qq g}J I W Z C �°al N a0. al �MJ zoo' N z " Zw� i o lowo w M -wF ` W,w N W w {Cll � WNK K � r a� 0 o °rw m z 0 U DZO z d QW7 C.7 Z ^ZN W 4 1 adz t� Z °^z ° OWo W w v�4 � oa� z �aoo o m m% W s ATTACHMENT 2 ✓-l�� bP 9 n {y Fla;� < „ b gill t�; W,kug6 6 fillijp b 'Allt tat ck � b o $ ] 5 Ou G. �€ b e �� bn gill Ig � fyy :#tp oty18 o j1p �� 8 b � l a 15 b ee� i 3n S 0 Ov C gk 4.0 g 6 e� a �w� 3 $��-- far $ 1« a Fr 9_ �sEt wz M Ups o O w �Um CV �MJ Zwp V1 > I ZK{aa� Z C w0 4{2LlII V0 (nib O QO 0 O w bmz ^Og U w W F V1 a vl Li fm0 � wN� �w- 2w w O O O�w z m a0 W 7 �Z~ ZZN Z o ■ a bz U O■ V �nQ I U OnZ O Ini 0 W o c� 0 OO ao� M Z m rn w a to m < W 2 H81 y g!� e W`s 13381S (W °`9'" '°'°`�' NOSIGVVi � 5` •91119L 7.C�FILON I- I I I »q ` B � I a I I -� ------------ I-------k ----r----__h_----r--- w li� ;fk �g -!`i til �filll '�@gj- \ ♦\� � i (ca llziu I I I I I I I I I I I I I s I I 0 0 n U O N O tF , 3 .10 \ \ , 0 I III NI\I I 120 I I tni,'01:r t'txatch�xx� 3--- rN.. dq sAa wss it ��aarFx�Fsa>�'i179pAppfl fixi��&F Axklh�Ot�}1�$.y+.b 1�pypgtiy}� A? lee FE UT11 AM AM Nut y � Nq� o�F. lilt 6I Arx Aori Aori ze ' ,.gim. 3Ndl vss3noayW 3v LGI vo�a3 te' / �.�'j5.awc �.ovaaaoM ——AID -- - cooV m Ni o r ?° a�53LMARW Wv� 101 4 v,.°je MIG rArmeeM / WN'--------------- — — — - \ / zw zIIr ;w� c� boa � �♦ d $: /' Y �'<�� R R_ / d w EA Li 0 O r Z F7 \ S Py \ �p O1 o AM Aot9 d- z \��`\ \�•�`\\`\ �5 z vo Z. o V adz o //!>d ,/_ \\yi�b� \\ rsd mad 3§sad t <p \d d \ owo w 4 ///�//�� o / \ - d •f ------ � b � \ •ft ISLM Afar ri peri `0<v Youtl iOl —_ gm \ I tt'a?ri'AO oa F Z m N U1 \ a0 m \.tta . st•� •aJ'p�- —' — .ao'en aasAu x m a W \ 9 •fi i' a•'a''P a -a '�n Aeoox � � AU im" --- -------- — ---- ------- 00 \ '4 m \ 0 \ \ \ o o m Y II U O O wZ m 0V a5,m 00 ZON i d 3Wc 2: V)4b V20 low Z -wW amN ^ Imo Qodo rw m z a� �O�.W o�= z Q is 0 �zm W w p• � Z U M o„Z owo w oar y�� 0 Zm in w a vl m < [a E m W� sy�W� zNZ Itika'xIRIX ��6LFS�6'.{d�S • �anasnacsaac8 ,ern LO 3CA=— ~'/ '°r••� �Y � ,y'1' -�-� --- I 9� V4-A, CN N \ \ \ I \ I` I 133 CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30138 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agretober is made and entered into this day of Oc, 20 04 , by and between LA QUINTA DEVELOPERS, LLC ---- a DELAWARE LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30138 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall. assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security -after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. T:\Projed Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Diamante 30138\0FFSITE SIA.doc B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto,_ together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 1 J TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Diamante 30138\OFFSITE SIA.doc security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for J performance of work or provision of materials under the terms of the warranty, warranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Diamante 30138\0FFSITE SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 137 T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Diamante 30138\OFFSITE SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, .or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions,. or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind. the heirs, executors, administrators, assigns, and successors of the parties hereto. v TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Diamante 30138\OFFSITE SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party, shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its` rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Principal Address LA QUINTA DEVELOPERS, LLC 41800 WASHINGTON ST; B105-220 BERMUDA DUNES, CA 92203 La Quinta Developers, LLC A Delaware Limited Liability Company By: L&L Leasing LLC, its Manager A Nevada Limited Liability Company By: Lane Lowry, Its Manager Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney uate TAProject Development Division0evelopment ProjectslAgreements\SIA1SIAs in ProgresslDiamante 30138XOFFSITE SIA.doc Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 30138 Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ - $ - Street Improvements $ 57,980 $ 57,980 Domestic Water $ 47,440 $ 47,440 Sanitary Sewer $ 3,380 $ 3,380 8ft Meandering Sidewalk $ 17,000 $ 17,000 Landscape $ - $ - Monumentation $ - $ - Totals $ 125,800 $ 125,800 Standard 10% Contingencey $ 12,580 $ 12,580 Total Construction Cost $ 138,380 $ 138,380 Professional Fees, Design 10% $ 13,840 $ 13,840 Professional Fees, Const 10% $ 13,840 $ 13,840 No Plans Contingency 25% $ 34,600 $ 34,600 Bond Amount $ 200,660 $ 200,660 TAProject Development Division0evelopmenl Projects\AgreementskSIA1SIAs in ProgressUamante 3013810FFSITE_SIA.doc ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of On before me,`G (DATE) (NOTARY) personally appeared L6.._-2 VO.)r SIGNER(S) Pr'personally known to me - OR - ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Comm. # 1481267 NOTARY PUBLIC -CALIFORNIA WITNESS my hand and official seal. Riverside County My Comm. Expires N TARY'S SIGNA RE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUME T TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) l 0 r ❑ GUARDIAN/CONSERVATOR _ U{� DATE OF DOCUMENT 0 OTHER: �(�v SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OTHER d RIGHT THUMBPRINT a OF E L SIGNER a a r APA 5/99 VALLEY -SIERRA, 800-362-3369 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30138 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 04 7th day of October , 20 , by and between LA QUINTA DEVELOPERS, LLC ----- a DELAWARE LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30138 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Diamante 30138\0NSITE_SIA.doc B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty A TAProject Development Division\Development Projects\Agreements\SlMSIAs in ProgressTiamante 3013810NSITE SIA.doc security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Diamante 301MONSITE_SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that.remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quint8 Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. r TAProject Development Division\Development ProjectMAgreements\SIA\SIAs in Progress\Diamante 30138\ONSITE_SIA.doc f Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions, A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties. at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. J I G TAProject Development Division\Development Projects\Agreements\SIA\SIAs in ProgressOamante 30138\ONSITE_SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party, shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its` rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Principal Address LA QUINTA DEVELOPERS, LLC 41800 WASHINGTON ST; BIOS-220 BERMUDA DUNES, CA 92203 La Quinta Developers, LLC A Delaware Limited Liability Company By: L&L Leasing LLC, its Manager A Nevada Limited Liability Company By: Lane Lowry, Its Manager Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 1'7 TAProject Development Division0evelopment ProjecMAgreementSOMSIAs in ProgressUamante 3013WFFSITE SIA.doc Exhibit A ON -SITE SECURITY — TRACT MAP NO.30138 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading .(10% of Grading/RG Bond Posted) $ 9,360 $ 9,360 On Site Street Improvements $ 289,280 $ 289,280 Domestic Water $ 55,530 $ 55,530 Sanitary Sewer $ 57,020 $ 57,020 Dry Utilities $ 136,310 $ 136,310 Landscape $ 44,870 $ 44,870 Monumentation $ 7,500 $ - Totals $ 599,870 $ 592,370 Standard 10% Contingencey $ 59,990 $ 59,240 Total Construction Cost $ 659,860 $ 651,610 Professional Fees, Design 10% $ 65,990 $ 65,160 Professional Fees, Const 10% $ 65,990 $ 65,160 No Plans Contingency 25% $ 164,970 $ 162,900 Bond Amount $ 956,810 $ 944,830 1 A TAProject Development Division\Development Projecls\Agreemenls\StA\SIAs in Progress\Diamante 30138\ONSITE_SIA.doc ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of %\Jkfs�'c4.Q On 1 0--1 0A before me,�A%;AR ' (DATE) personally appeared SIGNER(S) He -personally known to me - OR - ❑ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -MEND BLACK Comm. # 1481267 WITNESS my hand and official seal. NOTARY PUBLIC •CWLi' ht?FiIA M RIMIde C,'y qr, Comm.My EXplr•• .:; F, ! 'i$ + Wv NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF'DOCUMENT TITLE(S) `� ❑ PARTNER(S) 1 ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) `O ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT OTHER: OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY -SIERRA, 800-362-3369 COUNCIL/RDA MEETING DATE: September 10, 2006 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02 RECOMMENDATION: AGENDA CATEGORY; BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate $492,472 from unassigned Transportation Developer Impact Fee (DIF) Funds; authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02; and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: CIP Project Number 200602 — Sound Attenuation Wall (N. Avenue 50 at Lago La Quinta The following represents the project's approved funding and funding sources: Transportation DIF $710,232.00 Total Funding Available (Fiscal Year 06/07): $710,232.00 The following represents the anticipated project budget for the Lago La Quinta Sound Attenuation Wall: 1 0 Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $1 5, 980.00 $71,023.00 $55,043.00 $461,651.00 $35,512.00 $71,023.00 $710,232.00 CIP Project Number AD03 — Sound Attenuation Wall (W Washington St. @ Villas at La Quints) The following represents the project's anticipated funding and funding sources: Transportation DIF Total Anticipated Funding: $492,472.00 $492,472.00 The following represents the anticipated project budget for the Lago La Quinta Sound Attenuation Wall as presented within the adopted CIP: Design: $40,125.00 Inspection/Testing/Survey: $31,097.00 Construction: $401,250.00 Administration: $20,000.00 Total: $492,472.00 Combined Project: If the .City Council chooses to include the Villas at La Quinta Sound Attenuation Wall into this year's CIP, the following represents the total anticipated funding and budget for the combined project: Combined Funding: Transportation DIF Total Funding Available (Fiscal Year 06/07) $1, 202, 704.00 $1,202,704.00 151 Combined Budget: Professional: $15,980.00 Design: $1 1 1,148.00 Inspection/Testing/Survey: $86,140.00 Construction: $862,901 .00 Administration: $55,512.00 Contingency: $71,023.00 Total: $1,202,704.00 Adequate funding is available from unassigned Transportation DIF funds to support staff's recommendation. CHARTER CITY IMPLICATIONS: The combined project is 100% funded with locally generated funds and is located entirely within the City of La Quinta. The project will be bid as a non -prevailing wage project which may result in cost savings. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of sound attenuation walls on Avenue 50 adjacent to Lago La Quinta, and on Washington Street adjacent to the Villas at La Quinta. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The sound attenuation wall adjacent to Lago La Quinta is included within the adopted CIP and scheduled for funding during Fiscal Years 2006/2007. The sound attenuation wall adjacent to the Villas at La Quinta is currently listed within the adopted CIP as project AD03 and is not approved for funding during this Fiscal Year. However, staff believes this sound wall is now necessary to mitigate the traffic noise created by the expanded Washington Street roadway and recommends the project be included for funding during Fiscal Year 2006/2007. The RFP to obtain professional engineering services to prepare the PS&E has been prepared and is ready for distribution to qualified consultants. The RFP is attached for the City's Council's review at Attachment 1. The Consultant Selection Process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed as the estimated cost will exceed $50,000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Nick Nickerson, Project Manager, and Bryan McKinney, Engineering Services/CIP, Principal Engineer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $492,472 from unassigned Transportation Developer Impact Fee (DIF) Funds; authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02; and appoint a Consultant Selection Committee; or 2. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta Sound Attenuation Wall; and appoint a Consultant Selection Committee; or 3. Do not appropriate $492,472 from unassigned Transportation Developer Impact Fee (DIF) Funds; do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02; and do not appoint a Consultant Selection Committee 4. Provide staff with alternative direction. � �3 Respectfully submitted, dublic othy R. o ass , P.E. Work Di rector/Cityy Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) CITY OF LA QUINTA Attachment 1 REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES SOUND ATTENUATION WALLS, PROJECT NO. 2006-02 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for Sound Attenuation Walls, Project 2006-02. Project Locations: 1. Sound Attenuation Wall (N. Avenue 50 at Lago La Quinta) The Lago La Quinta sound wall shall be installed on north side of Avenue 50 from the Montero Estates property line to approximately 1,715 linear feet west, to the eastern boundary of the La Quinta Country Club. 2. Sound Attenuation Wall (W. Washington Street at Villas at La Quinta) The Villas at La Quinta sound wall shall be installed on the west side of Washington Street from the Montero Estates property line north to Eisenhower Drive. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, and prepare base map; • Perform utility coordination and obtain clearances; • Perform an analysis of the Acoustical Study prepared by Alliance Acoustical Consultants, Inc. (available for review at the City's Public Works Department); • Prepare project plans, specifications and engineer's estimates of probable construction costs. o Project plans shall be at 40 scale. o Project Specifications and Bid Documents will likely include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, geotechnical report, and any specification detail sheets specific to project areas. • Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor request for clarification during the bid process. 1J3 Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. Agency Approval Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review- Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for approval. C. All approved plans will be pro, AutoCAD 2000 or higher fon Specification documents, inclu provided on digital medium di format. The Engineer's estimate format. Bidding Phase ded to the City on compact disk in iat, as well as on "D" size Mylar. mg technical specifications, will be ks in Microsoft Word for Windows will be provided in Excel for Windows The consultant will be expected to provide technical support during the bidding and award process. Proposal Format Proposals ( work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Friday October 27, 2006 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: Work Proposal (envelope 1) - submit 4 copies Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. Project Understanding and Approach A description of your project understanding, and how you will approach the project. Scope of Work A description of the tasks, sub -tasks, and deliverables that will be provided. Project Schedule A project schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting December 1, 2006 as the start date. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon. the materials submitted within the Work Proposal. The Committee may or mad not 157 choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations consultant will be expected to enter Agreement. City Rights and Options with the top -ranked firm. The successful into the attached Professional Services This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. 158 CITY OF LA QUINTA COST PROPOSAL SHEET SOUND ATTENUATION WALLS PROJECT NUMBER 2006-02 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Sound Attenuation Walls and will be used as the basis for negotiating a Professional Services Agreement: Project Area Total Fixed Fee Lago La Quinta Sound Attenuation Wall Villas at La Quinta Sound Attenuation Wall TOTAL LUMP SUM FIXED FEE: 1 $ 1 Attached herein is a detailed man-hour and fee breakdown for each of the project areas by task and sub -task as defined within our proposal. Prime Consultant Date Signed PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ( "City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to , Project No. , as specified in- the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when I60 directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on _ , 200_ and terminate on _ , _ 200 (initial term). This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. 16ti Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. 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 163 consultant and "Covered Professional Services as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the 1 � �_ successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to.1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 1 u j 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and.on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City, If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self -insured retention must be declared to the City. At that 16G time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to city. 13. 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. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. 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. 19. 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. 1G7 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said: documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement l_ 1E3 shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 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. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES• NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and 170 that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 1';1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: Date: Date Exhibit A Scope of Services 1 "l 3 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ ) except as specified in Section 1.6 - Additional Services of the Agreement. Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Exhibit D Special Requirements a''11VV11►► `L"�i OF f COUNCILIRDA MEETING DATE: September 19, 2006 AGENDA CATEGORY: ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Update the City's Pavement Management Program, Project No. 2006-12 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to update the City's Pavement Management Program, Project No. 2006-12 and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The project is budgeted within the Fiscal Year 2006/2007 Budget for the Public Works Department Maintenance Division. Account Title Account Budget Contract Services 101-7003-431.34-04 $1,017,023.00 Technical (Pavement Management Program) Staff estimates the cost of the update to be approximately $80,000. The balance of this amount will fund the recommended street rehabilitation (i.e. slurry seal, road reconstruction and re -striping) in the current pavement management plan. CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated funds and is located entirely within the City of La Quinta. The project will be bid as a non -prevailing wage project which may result in cost savings. BACKGROUND AND OVERVIEW: On July 18, 2006, the City Council adopted the Fiscal Year 2006/2007 Budget. This year's budget includes the update of the City's Pavement Management Program (PMP). The PMP is a citywide survey that will include visual inspections of each City maintained street. The street inventory, and associated data base, will be updated to include street widths, section, lane lengths, number of lanes, functional classification, date of and type of construction, and last known surface treatment. The PMP update will provide the City's policy makers with detailed street segment recommendations for maintenance requirements and/or the need for reconstruction. The RFP to obtain professional engineering services to update the City's Pavement Management Program has been prepared and is ready for distribution to qualified consultants. The RFP is attached for the City Council's review at Attachment 1. The Consultant Selection Process outlined within City Resolution 2005-096 shall be followed. In accordance with Resolution 2005-096, adopted December 6, 2005, the guidelines for major services will be followed as the estimated cost will exceed $50,000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: Bryan McKinney, Engineering Services, Principal Engineer; James Lindsey, Maintenance Manager; and Nick Nickerson, Project Manager FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize staff to distribute a Request for Proposal (RFP) to update the City's Pavement Management Program, Project No. 2006-12 and appoint a Consultant Selection Committee; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to update the City's Pavement Management Program, Project No. 2006-12 and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. 173 Respectfully submitted, Ti othy R . Jo sso E . ublic Works Direct r/City Engineer Approved for submission by: Z4) Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) 2 CITY OF LA QUINTA REQUEST FOR PROPOSAL PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE INVITATION You are hereby invited to submit a Proposal to update the City's Pavement Management Program (the Project)• The City is interested in contracting for professional services to determine present conditions for all pavement sections within its network, generate prioritized maintenance and rehabilitation schedules, life -cycle criteria and analysis, and create annual updated Capital Improvement Program schedules. All new data must be populated in the City's MicroPAVER Pavement Management Software. Four (4) copies of your Proposal shall be submitted no later than 5:00 p.m. on Friday, October 20, 2006. Proposals will be submitted to the attention of Mr. Tim Jonasson, P.E., Director of Public Works, P.O. Box 1504, 78-495 Calle Tampico, La Quinta, California 92553. PROJECT DESCRIPTION The City of La Quinta is approximately 22.7 square miles with a population of over 24,000. There are approximately 115 centerline street miles that are within the City's network of publicly maintained street system. Most road repair work is under contract for annualized maintenance projects such as slurry seals, overlays, full depth reclamation, and major street rehabilitation projects. Currently the City is using APWA's MicroPAVER Version 5.2. In 2003, the City's PMP was updated with a citywide survey of all public streets. Since then the City has seen significant growth in population and street improvements. The City is seeking to update the PMP with a citywide survey that will include visual inspections of each pavement sections (total square footage), true area adjustments and presence of sidewalk, curb and gutter. Field data collection will be performed using PDA technology where data is transferred into the MicroPAVER database. The City linked the pavement management data to the City's GIS centerline theme using ArcView 3.x software. The link between MicroPAVER and ArcView is dynamic. The Consultant shall review the right-of-way shape files in the existing Pavement Management Program for inaccurate and incomplete information and update as necessary. Also, the Consultant shall add any missing segments to the system and link to the GIS program. A five-year Capital Improvement Program should be developed that will provide City policy makers with detailed pavement segment recommendations based on the City's current maintenance standard for pavement rehabilitation. IS1 In general, the following action items are to be completed: assessment of existing PMP dataset that will define every pavement segment within the City's jurisdiction; a complete surface distress evaluation of all City streets; ❖ populate missing street inventory in the MicroPAVER database (surface type, structural data, length, width, surface distress, etc.); ❖ update performance predictions and decision models; ❖ develop a roadway maintenance schedule; ❖ perform budget analysis including a five year Capital Improvement Plan; ❖ prepare Executive Summary and Final Report which will include pavement condition indices (PCI's), work history, condition distributions by functional class and fiscal year recommendations; ❖ dynamic link between MicroPAVER PMP dataset and ArcView, GIS custom application development; ❖ provide training on the use of the MicroPAVER program/database; ❖ periodic updating of roadway network inventory during the length of the contract; and ❖ pavement- network information and reports upon request. III. SCHEDULE The City of La Quinta anticipates the Final Report to be complete and ready for presentation to the City Council within six months from the execution of the contract documents and issuance of the Notice to Proceed. IV. SCOPE OF ENGINEERING SERVICES Consultant shall perform the following services: 1. Project Orientation: Consultant shall meet with City staff to discuss project details and expectations. 2. Field Review and Inventory: A survey will be conducted that incorporates all City maintained streets. With this survey, the development of a street inventory will be created which includes: street widths, section and lane lengths, number of lanes, functional class, as well as construction date and type of last known surface treatment. Distresses (type, extent and severity) that need to be collected are: longitudinal and transverse cracking, alligator cracking, raveling, rutting/corrugation, patching, block cracking, edge cracking, bleeding/flushing, etc. In addition, the consultant will inventory the existing condition for curb and gutter, sidewalks, and existing right-of-way. Field inspections shall be conducted with the use of PDA technology. Custom field forms developed for survey efforts will become property of the City. Performance of field operations shall be in accordance with OSHA standards. 3. Status Meeting: A project schedule shall be generated for quality control purposes where the Consultant will meet with the City's Project Manager. during the Field Review process for the purposes of reviewing status and resolving any questions that arise during survey. Monthly meetings shall be considered the minimum. 4. Strategies: After completion of the field survey and population of the information into the MicroPAVER database, a pavement condition index (PCI) will be calculated for each pavement section. Pavement performance curves and definitions for repair and rehabilitation strategies including decision tree models will be created and pavement life -cycles will be prepared for the maintenance schedule. 5. Budget Analysis: Budget analysis includes running different budget scenarios (i.e. 1) based on needs - unlimited budget 2) current City pavement budget 3) ideal budget (to maintain an ideal network PCI level) to identify the predicted overall condition of the network for the different funding levels and to establish a prioritization of rehabilitation projects within a given funding level. Backlog of maintenance should also be addressed. 6. Reporting: Using the survey data collected and the determined pavement life cycles, an Executive Summary and Final Pavement Network Report (suited to an audience of managers or council members) will be submitted in binder form (3 copies as a hard copy reference) as well as a digital copy. Include a complete listing of all City maintained streets in alphabetical order providing its length, width, PCI, etc. in the appendix of the hard bound report. Within this report the following items should be included: a. Executive Summary b. Methodology c. Work History d. PCI Report e. Condition Distribution by Functional Class f. Network and Project level budgets g. A Five -Year Plan for maintenance and rehabilitative work 7. Dynamic GIS-PMP Mapping: The City has an existing GIS street layer. The City is interested in populating the street centerline file with pavement data collected and generated as part of this project to be accessible through ArcView 3.x. Custom GIS-PMP applications should be included where City staff can easily access pavement data using SQL statements to generate project reports, thematic maps, etc. 8. Presentation: The Consultant must be prepared to present the findings of the Report to upper management and City Council at a regular City Council Meeting or Study Session. 9. Training: Training to be provided to four City staff members on the use of MicroPaver system in data input and report generation. This is estimated to include a minimum of 16 man-hours of training. This should include PMP methodologies, field survey practices, user interface training and materials. 10. PMP On -Going Support: The City will provide the consultant road maintenance records that were incurred during the previous year capital projects. The consultant shall enter the work history information into the system. The consultant shall review the scheduled maintenance schedule for the next year. Using this information, the consultant shall update the work maintenance schedule and current pavement system inventory (normally updated once a year). This also includes updating GIS maps, random field inspections, and report generations requested by City. V. CONSULTANT'S PROPOSAL AND COMPENSATION The Consultant's Proposal shall include the following: A. A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's Proposal. B. A statement that this RFP and the Consultant's Proposal will jointly become part of the "Agreement for Professional Consultant Services" for this project when said Agreement is fully executed by the Consultant and the Mayor or City Manager of La Quinta. C. A statement that the Professional Services to be provided, and fees therefore, will be in accordance with the City's RFP, except as otherwise specified in the Consultant's Proposal under the heading "EXCEPTIONS OR ADDITIONS TO THE CITY'S REQUEST FOR PROPOSAL." D. A single and separate section with the heading "EXCEPTIONS OR ADDITIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all of the exceptions to the provisions and conditions of this Request for Proposal upon which the Consultants Proposal is contingent and which shall take precedent over this RFP. E. Recent project level experience and qualifications of the consultant's Project Manager and how they relate to the tasks identified in the scope of work. A statement of qualifications applicable to this project including the names, qualifications and proposed duties of the Consultant's staff to be assigned to this project; a listing of recent similar projects completed, including the names, titles, addresses, and telephone numbers of the appropriate persons whom the City could contact. If one or more of the Consultant's Staff should become unavailable, the Consultant may substitute other Staff of at least equal competence only after prior written approval by the City. A resource allocation matrix must be submitted with the Proposal. The resource allocation matrix must list detailed tasks in rows and the appropriate individuals (Job Title Only) as well as the number of hours that these individuals will be working on each task listed will be included in adjacent columns The Consultant shall include a Project Schedule with milestones. 1814 F. A statement of sub -consultants qualifications applicable to this project including the names, qualifications and proposed duties of the sub - consultant's staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. The Consultant will not be allowed to change the sub -consultant without prior written permission from the City. G. A statement that all charges for Professional Consultant services is a "Not -to -Exceed Fee" as submitted with and made a part of said Consultant's Proposal. Payment will be for actual time and materials expended in furnishing authorized professional services. H. A copy of the Consultant's hourly rate schedule and a statement that said hourly rate schedule is part of the Consultant's Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. All extra work will require prior approval from the City. A statement that the Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. VI. GENERAL COMPLIANCE WITH LAWS The Consultant shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. VII. PAYMENT(S) TO CONSULTANT A. The City will pay the Consultant for all actual time and materials expended in furnishing all authorized and acceptable Professional Consultant Services. B. The payments shall be based on task. The "Not -to -Exceed Fee shall be the sum total of all tasks. An itemized cost breakdown for the work described herein must be submitted in a separate sealed envelope. C. Task shall include, but not be ►imited to, all Professional Consultant services. D. Sub categorization of tasks is permitted to better define the task for payment. E. Reimbursement costs such as mileage, printing, telephone, photographs, postage and delivery, are to be included in the "Not -to Exceed Fee." 11 . 1 S 5 F. All tasks including labor and reimbursable cost such as mileage, printing, telephone, photographs, postage and delivery shall have supporting documentation presented at the time payment is requested. G. The City will pay the Consultant for all acceptable services rendered in accordance with the "Agreement for Professional Consultant Services." H. When the Consultant is performing, or is requested to perform, work beyond the scope of service in the "Agreement for Professional Consultant Services," an "Amendment to the Agreement" will be executed between the City and Consultant. VII1. INSURANCE Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of the City's Professional Services Agreement (PSA), personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions arising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $,1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement.. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's, performance hereunder and neither City nor its insurers shall be required to 1006 contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. IX. TERMINATION FOR CONVENIENCE OF THE CITY The City reserves the right to terminate the "Agreement for Professional Consultant Services" for the "convenience of the City" at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten (10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement. This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the . 137 project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. X. INDEPENDENT CONTRACTOR The Consultant's relationship to the City in the performance of the Consultant's services for this project is that of an independent contractor. The personnel performing said Professional Consultant services shall at all times be under the Consultant's exclusive direction and control and shall be employees of the Consultant and not employees of the City. The Consultant shall pay all wages, salaries and other amounts due his employees in connection with the performance of said Services and shall be responsible for all employee reports and obligations, including but not necessarily restricted to, social security, income tax withholding, unemployment compensation, and Workers' Compensation. XI. CONTRACT The Contract includes the Professional Services Agreement (PSA) , Consultant's Proposal, and City's Request for Proposal. The City's PSA is attached. XII GENERAL CONDITION A. Pre -contractual expenses are defined as expenses incurred by the Consultant in: 1. Preparing the Proposal; 2. Submitting the Proposal to the City; 3. Presentation during selection interview; 4. Negotiating with the City any matter related to this Proposal; 5. Any other expenses incurred by the Consultant prior to an executed Agreement. The City shall not, in any event, be liable for any pre -contractual expenses incurred by the Consultant. B. The Consultant is responsible for notifying Underground Service Alert and providing proper traffic control where necessary, at no additional expense to the City. C. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the Proposals for its own convenience and to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s). D. The City reserves the right to reject any or all Proposals submitted. Any Contract awarded for these consultant engagements will be made to the consultant who, in the opinion of the City, is best qualified. E. Any Contract to be awarded as a result of this Request for Proposal will be awarded without discrimination based on race, color, religion, sex, or national origin. F. The Consultant's Proposal shall be no more than 30 pages, excluding a cover letter of up to two pages, dividers, and certificates. The RFP will not be counted when included in the Proposal. XIII. SELECTION CRITERIA A. The Consultant may be invited to a selection interview. The Proposals will be rated according to the following criteria: 1. Demonstrated understanding of the scope of work of the project; 2. Qualification and experience of the Consultant's project manager that will be assigned to this project. The project manager will be the "point man" of contact with the City on all issues related to this project. This project manager will have intimate knowledge of the project and will deal with the City staff frequently; 3. Adequate available staff with substantial appropriate ability and experience on like projects to be assigned full term to this project; 4. Sub -Consultants' demonstrated understanding of the scope of work for the project; 5. Proven recent experience on projects of like nature. Include description of work performed and technologies used for other public agencies and provide reference contact phone numbers. This information is required of 1 S O all sub consultants used in this project. B. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP will not be given further consideration. End (1) A copy of the City's Professional Services Agreement is attached as an exhibit (before any work is performed on the project, the Agreement must be fully executed). 190 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ( "City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to , Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services wf7sl directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of ,the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Mature. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, act $ fo any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on _ , 200_ and terminate on _ 200 Jinitial term). This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that,ro,le.1 93 Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. 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 th4 94 consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ( "Indemnified Parties'l from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any -rights hereunder. This obligation to indemnify and defend City as set forth here is binding orb the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 196 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City, If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self -insured retention must be declared to the City. At that 197 time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. 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. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. 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. 19. 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. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement 113 shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 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. 7.6 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 vn' __ ». default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and 201 that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 02 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By:__ Name: Title: Date: Date 203 Exhibit A Scope of Services 1- J Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in Schedule of Compensation attached herewith conformance with Section 2.2 of the Agreemen t Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Exhibit D Special Requirements Ce4&f 4 44P4UMrw COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering/Planning Services for the Vista Santa Rosa Annexation Area Deficiency Study, Project No. 2006-13 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to Obtain Professional Engineering/Planning Services for the Vista Santa Rosa Annexation Area Deficiency Study, Project No. 2006-13, and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The project is budgeted within the Fiscal Year 2006/2007 Budget for the Community Development Department General Plan Update. Account Budget 101-6001-463.32-10 $200,000.00 CHARTER CITY IMPLICATIONS: None. The project is a General Plan Circulation Element study and will not directly result in construction. BACKGROUND AND OVERVIEW: On July 18, 2006, the City Council adopted the Fiscal Year 2006/2007 Budget. This year's budget includes funding to update of the City's General Plan and Zoning. The purpose of the Deficiency Study is to prepare an in-depth "needs" assessment of the transportation infrastructure within the Sphere of Influence Areas (SOI) /3 areas, referred to as the Vista Santa Rosa Community Service Area which are being considered for annexation by the City of La Quinta. The information collected from the Deficiency Study will enable staff to identify the existing and future circulation system deficiencies and the resulting fiscal impacts to correct these deficiencies. This information will assist the City during its annexation discussions with the County of Riverside. The information gathered will also be used to update the City's Development Impact Fee (DIF) Report and will be crucial in justifying any DIF increase to the Building Industry Association (BIA). In general, the work efforts required to complete this project include: an analysis of the circulation system based on General Plan land use; a visual evaluation of existing roadways; research and compilation of pertinent information and data; identification of necessary street improvements, right-of-way needs and a determination of the cost to upgrade the roadway system from its existing condition to ultimate 'general plan' configuration; and a comparison of the City's General Plan circulation system to County's General Plan circulation system. The Deficiency Study will be prepared using the build -out circulation system and land use data presented within the 2003 City of La Quinta General Plan. If the City Council chooses to amend the General Plan in the future, the Deficiency Study will also need to be updated. The RFP to obtain Professional Engineering/Planning Services for the Vista Santa Rosa Annexation Area Deficiency Study, Project No. 2006-13, has been prepared and is ready for distribution to qualified consultants. The RFP is attached for the City Council's review as Attachment 1. The Consultant Selection Process outlined within City Resolution 2005-096 shall be followed. In accordance with Resolution 2005-096, adopted December 6, 2005, the guidelines for major services will be followed as the estimated cost will exceed $ 50, 000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Doug Evans, Community Development Director, Ed Wimmer, Principal Engineer, and Nick Nickerson, Project Manager Contingent upon City Council approval of the RFP on September 19, 2006, the following represents how the project is expected to proceed: nr� City Council Approves RFP Proposal Due Date City Council Considers PSA Study Duration (5 Months) September 19, 2006 October 20, 2006 November 21, 2006 December 2006 — A pril 2007 Due to the complexities of the analysis and the size of the area being analyzed, staff has estimated that it will take 5 months to complete the Deficiency Study. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal (RFP) to Obtain Professional Engineering/Planning Services for the Vista Santa Rosa Annexation Area Deficiency Study, Project No. 2006-13, and appoint a Consultant Selection Committee; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) Obtain Professional Engineering/Planning Services for the Vista Santa Rosa Annexation Area Deficiency Study, Project No. 2006-13, and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jonas P.E. Public Works Dire r/City Engineer Approved for submission by: 6 Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) Attachment 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL ASSESSMENT OF TRANSPORTATION INFRASTRUCTURE VISTA SANTA ROSA COMMUNITY SERVICE AREA I. INVITATION You are hereby invited to submit a Proposal to Provide Professional Engineering/Planning Services to Assess the transportation Infrastructure in the Sphere of Influence (SOI) and Planning Area 2 (Vista Santa Rosa Community Service Area defined as "the Project". The City is interested in contracting for professional services to analyze the Circulation elements of the areas, determine existing conditions for all roadway sections within the area, provide a future needs analysis based on the La Quinta General Plan land use and circulation system, prepare cost estimates to bring the existing condition to the ultimate general plan condition, compare the La Quinta Circulation System to the County's General Plan, and review the Coachella Valley Association of Government's (CVAG) Transportation Project Prioritization Study (TPPS) and Avenue 62 Study. Four (4) copies of your Proposal shall be submitted no later than 5:00 p.m. on Friday, October 20, 2006. Proposals will be submitted to the attention of Mr. Tim Jonasson, P.E., Director of Public Works, P.O. Box 1504, 78-495 Calle Tampico, La Quinta, California 92553. II. PROJECT DESCRIPTION The purpose of this project is to prepare an in-depth needs assessment of the transportation infrastructure within the designated area, referred to as the Vista Santa Rosa Community Service Area, which is being considered for annexation by the City of La Quinta. The location of the area and the project boundaries are presented on the attached exhibit. In general, the work efforts required to complete this project include: an analysis of the circulation system based on General Plan land use; a visual evaluation of existing roadways; research and compilation of pertinent information and data; identification of necessary street improvements, right- of-way needs and a determination of the cost to upgrade the roadway system from its existing condition to its ultimate 'general plan' configuration; and a comparison of the City's General Plan circulation system to County's General Plan circulation system. 231 The analysis shall include, but may not be limited to: ❖ Analyze the circulation system in the La Quinta's General Plan based on the General Plan Land Use and existing .circulation system for sufficiency to meet the needs of the Area; ❖ Conduct a surface distress evaluation of all Area streets, to include surface type, structural data, length, width, the degree of cracking, potholing, rutting, shoulder conditions and overall ride quality; ❖ Each street within the annexation areas will be analyzed to determine if the street should be divided into segments and where to define segment endpoints when needed. Upon establishing and identifying all street segments, data relevant to the existing roadway conditions will be tabulated by area, street and segment, and categories of information will be established. An electronic database file shall be developed to encode the tabulated data into the appropriate information category. The anticipated categories of information include, but are not limited to: Area, Street Name, Segment Limits, Surface Type, Classification, No. of Lanes, Segment Length, Surface Area, and Right -of -Way; ❖ The existing condition of each roadway segment shall be evaluated and compared to the current City of La Quinta standards; ❖ Planning -level construction cost estimates shall be prepared for each roadway segment that is in need of repair or requires re -construction to meet current City standards; ❖ An analysis shall be performed to identify improvements and assess right- of-way needs to re -construct the existing roadway system to the City of La Quinta general plan build -out condition. Planning -level construction cost estimates will be prepared for each roadway segment based on the general plan build -out configuration and right-of-way requirements; ❖ A comparison of the City of La Quinta Circulation system to the County's General Plan shall be completed including street sections, travel lanes, parkways, medians, etc; ❖ Review CVAG's TPPS and Avenue 62 Study to determine which street segments are included in the regional system; ❖ Provide two copies of a "draft" report documenting all findings and conclusions for City Staff's review and comment. The consultant shall respond to comments as necessary and will provide two copies and a camera ready copy of the "final" report to the City for distribution; III. SCHEDULE The City of La Quinta anticipates the Final Report to be complete and ready for presentation to the City Council within five months from the execution of the contract documents and issuance of the Notice to Proceed. �1� IV. SCOPE OF ENGINEERING SERVICES Consultant shall perform the following services: 1. Project Orientation: Consultant shall meet with City staff to discuss project details and expectations. 2. Circulation System Analysis: Analyze the circulation system in the La Quinta's General Plan based on the General Plan Land Use and existing circulation system for sufficiency to meet the needs of the Area 3. Field Review and Inventory: A survey will be conducted that incorporates all area streets. With this survey, the development of a street inventory will be created which includes: street widths, section and lane lengths, number of lanes, functional class, as well as construction date and type of last known surface treatment. In addition, the consultant will inventory the existing condition for curb and gutter, sidewalks, and existing right-of-way. 4. Status Meeting: A project schedule shall be generated for quality control purposes where the Consultant will meet with the City's Project Manager during the Field Review process for the purposes of reviewing status and resolving any questions that arise during survey. Monthly meetings shall be considered the minimum. 5. Strategies: After completion of the field survey and population of the information into a database, the existing condition of each roadway segment shall be evaluated and compared to the current City of La Quinta standards. 6. Budget Analysis: 1) Planning -level construction cost estimates shall be prepared for each roadway segment that is in need of repair or requires re- construction to meet current City standards; 2) Planning -level construction cost estimates will be prepared for each roadway segment based on the general plan build -out configuration including traffic signals and right-of-way requirements 7. Reporting: Using the survey data collected and analysis performed, an Executive Summary and Final Network Report (suited to an audience of managers or council members) will be submitted in binder form (3 copies as a hard copy reference) as well as a digital copy. Include a complete listing of all area streets in alphabetical order providing its length, width, pavement condition, General Plan classification, improvement cost (existing & future), etc. in the appendix of the hard bound report. C13 V 8. Presentation: The Consultant must be prepared to present the findings of the Report to upper management and City Council at a regular City Council Meeting or Study Session. 9. Optional Task - Dynamic GIS-PMP Mapping: The City has an existing GIS street layer and Pavement Management Program. The City is interested in populating the street centerline file with pavement data collected and generated as part of this project to be accessible through ArcView 3.x. Custom GIS and MicroPAVER 5.2 applications should be included where City staff can easily access pavement data using SQL statements to generate project reports, thematic maps, etc. CONSULTANT'S PROPOSAL AND COMPENSATION The Consultant's Proposal shall include the following: A. A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's Proposal. B. A statement that this RFP and the Consultant's Proposal will jointly become part of the "Agreement for Professional Consultant Services" for this project when said Agreement is fully executed by the Consultant and the Mayor or City Manager of La Quinta. C. A statement that the Professional Services to be provided, and fees therefore, will be in accordance with the City's RFP, except as otherwise specified in the Consultant's Proposal under the heading "EXCEPTIONS OR ADDITIONS TO THE CITY'S REQUEST FOR PROPOSAL." D. A single and separate section with the heading "EXCEPTIONS OR ADDITIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all of the exceptions to the provisions and conditions of this Request for Proposal upon which the Consultants Proposal is contingent and which shall take precedent over this RFP. E. Recent project level experience and qualifications of the consultant's Project Manager and how they relate to the tasks identified in the scope of work. A statement of qualifications applicable to this project including the names, qualifications and proposed duties of the Consultant's staff to be assigned to this project; a listing of recent similar projects completed, including the names, titles, addresses, and telephone numbers of the appropriate persons whom the City could contact. ,If one or more of the Consultant's Staff should become unavailable, the 214 Consultant may substitute other Staff of at least equal competence only after prior written approval by the City: A resource allocation matrix must be submitted with the Proposal. The resource allocation matrix must list detailed tasks in rows and the appropriate individuals (Job Title Only) as well as the number of hours that these individuals will be working on each task listed, will be included in adjacent columns. The Consultant shall include a project schedule with milpctnnac F. A statement of sub -consultants qualifications applicable to this project including the names, qualifications and proposed duties of the sub - consultant's staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. The Consultant will not be allowed to change sub -consultants without prior written permission from the City. G. A statement that all charges for Professional Consultant services is a "Not -to -Exceed Fee" as submitted with and made a part of said Consultant's Proposal. Payment will be for actual time and materials expended in furnishing authorized professional services. H. A copy of the Consultant's hourly rate schedule and a statement that said hourly rate schedule is part of the Consultant's Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP. All extra work will require prior approval from the City. A statement that the Consultant will not discriminate against any. employee or applicant for employment because of race, color, religion, sex, or national origin. VI. GENERAL COMPLIANCE WITH LAWS The Consultant shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. VII. PAYMENT(S) TO CONSULTANT A. The City will pay the Consultant for all actual time and materials expended in furnishing all authorized and acceptable Professional Consultant Services. B. The payments shall be based on task. The "Not -to -Exceed Fee" shall n be the sum total of all tasks. An itemized cost breakdown for `fhe work described herein must be submitted in a separate sealed envelope. C. Task shall include, but not be limited to, all Professional Consultant services. D. Sub categorization of tasks is permitted to better define the task for payment. E. Reimbursement costs such as mileage, printing, telephone, photographs, postage and delivery, are to be included in the "Not -to Exceed Fee." F. All tasks including labor and reimbursable cost such as mileage, printing, telephone, photographs, postage and delivery shall have supporting documentation presented at the time payment is requested. G. The City will pay the Consultant for all acceptable services rendered in accordance with the "Agreement for Professional Consultant Services." H. When the Consultant is performing, or is requested to perform, work beyond the scope of service in the "Agreement for Professional Consultant Services," an "Amendment to the Agreement" will be executed between the City and Consultant. Vill. INSURANCE Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of the City's Professional Services Agreement (PSA), insurance in accordance with section 5.0 INSURANCE INDEMNIFICATION AND BONDS of the PSA. IX. TERMINATION FOR CONVENIENCE OF THE CITY The City reserves the right to terminate the "Agreement for Professional Consultant Services" for the "convenience of the City" at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten (10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement. 1 This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. X. INDEPENDENT CONTRACTOR The Consultant's relationship to the City in the performance of the Consultant's services for this project is that of an independent contractor. The personnel performing said Professional Consultant services shall at all times be under the Consultant's exclusive direction and control and shall be employees of the Consultant and not employees of the City. The Consultant shall pay all wages, salaries and other amounts due his employees in connection with the performance of said Services and shall be responsible for all employee reports and obligations, including but not necessarily restricted to, social security, income tax withholding, unemployment compensation, and Workers' Compensation. XI. CONTRACT The Contract includes the Professional Services Agreement (PSA), Consultant's Proposal, and City's Request for Proposal. The City's PSA is n 1� attached. I�' XII GENERAL CONDITION A. Pre -contractual expenses are defined as expenses incurred by the Consultant in: 1. Preparing the Proposal; 2. Submitting the Proposal to the City; 3. Presentation during selection interview; 4. Negotiating with the City any matter related to this Proposal; 5. Any other expenses incurred by the Consultant prior to an executed Agreement. The City shall not, in any event, be liable for any pre -contractual expenses incurred by the Consultant. B. The Consultant is responsible for notifying Underground Service Alert and providing proper traffic control where necessary, at no additional expense to the City. C. This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. D. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. XIII E. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. F. Any Contract to be awarded as a result of this Request for Proposal will be awarded without discrimination based on race, color, religion, sex, or national origin. G. The Consultant's Proposal shall be no more than 30 pages, excluding a cover letter of up to two pages, dividers, and certificates. The RFP will not be counted when included in the Proposal. SELECTION CRITERIA A. The Consultant may be invited to a selection interview. The Proposals will be rated according to the following criteria: 1. Demonstrated understanding of the scope of work of the project; 2. Qualification and experience of the Consultant's project manager that will be assigned to this project. The project manager will be the "point man" of contact with the City on all issues related to this project. This project manager will have intimate knowledge of the project and will deal with the City staff frequently; 3. Adequate available staff with substantial appropriate ability and experience on like projects to be assigned full term to this project; 4. Sub -Consultants' demonstrated understanding of the scope of work for the project; 5. Proven recent experience on projects of like nature. Include description of work performed and technologies used for other public agencies and provide reference contact phone numbers. This information is required of all sub consultants used in this project. B. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the- RFP will not be given further consideration. Encl. (1) A copy of the City's Professional Services Agreement is attached as an exhibit (before any work is performed on the project, the Agreement must be fully executed). VISTA SANTA ROSA ANNEXATION AREA DEFICIENCY STUDY PROJECT BOUNDARIES T4ht 4 sCP Qumra� AGENDA CATEGORY: COUNCILIRDA MEETING DATE: September 19, 2006 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Approval of a Request for Proposals STUDY SESSION: to Obtain On -Call Engineering Plan/Map Check Services PUBLIC HEARING: RECOMMENDATION: Authorize staff to distribute a Request for Proposals (RFP) to obtain Professional On- Call Engineering Plan/Map Check Services. FISCAL IMPLICATIONS: None at this time. An agreement for services from the successful responders will be brought back to the City Council for approval at a future date, no later than December 19, 2006. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City's Development Services Division contracts for engineering plan/map check services to accommodate the large number of plans and maps submitted to the City from private developers. Apprioximately 325 development plan submittals are made annually. The existing contracts for on -call contract plan/map checking expire December 31, 2006. The existitV contracts are with Boyle Engineering, Bureau Veritas/Berryman & Henigar, NRO Engineering, NAI Consulting, Speer Civil and RASA. Attachment 1 is the RFP for Professional On -Call Engineering Plan/Map Check Services and includes a sample of the Professional Services Agreement (PSA). The PSA calls for a two-year term of January 1, 2007 through December 31, 2008. Staff anticipates hiring multiple firms to perform this work. The RFP to obtain Professional Engineering Plan/Map Check Services has been prepared and is ready for distribution to qualified consultants. The RFP and draft PSA are included in this report as Attachment 1. The Consultant Selection Process outlined within City Resolution 2005-096 shall be followed. In accordance with Resolution 2005-096, adopted December 5, 2005, the guidelines for major services will be followed as the estimated cost will exceed $ 50,000. Staff suggests the City Council appoint a Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Ed Wimmer, P.E., Principal Engineer, Development Services, and Paul Goble, P.E. Senior Engineer, Development Services FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals to obtain Professional On -Call Engineering Plan/Map Check Services; or 2. Do not authorize staff to distribute a Request for Proposals to obtain Professional On -Call Engineering Plan/Map Check Services; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. tsor,/C P.E. Public Works iity Engineer Approved for submission by: 6 Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal and draft Professional Services Agreement for Engineering Plan/Map Check Services ATTACHMENT 1 Request for Proposals (RFP) to Provide On -Call Engineering Map/Plan Check Services The City of La Quinta seeks proposals from On Call Engineering Map/Plan Check firms for a two-year contract term of January 1, 2007 through December 31, 2008. Map checking and/or plan checking may be provided by an On Call Engineering Map/Plan Check Consultant, as applicable, with the following scopes: Map Checking Subdivision Tract and Parcel Maps will be rev.iewed by a Licensed Land Survey in the State of California for the procedure of survey, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. This review includes but is not limited to the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked include the following: • Title sheet format and certificates. • Current legal descriptions. • Correct assessor's parcel being subdivided per the title report and Tract/Parcel Map. • Check closure of subdivision boundary and individual lots against traverse. • Verify lot areas against traverse. • Check for correct mathematics. • Clarity of drafting. • Proper delineation and identification of record data. • All appropriate data in the title report is shown on the map. • Proper reference to adjacent recorded maps and ties thereto. • Proper reference and ties to found/set monumentation. • Minimum lot sizes meeting the requirements of zoning of the Tentative Map. • On -map items identified by the subdivision resolution are properly satisfied. • Boundary tied to the California Coordinate System, where required. • Verify ownership shown on the map against the title report. • Verify easements and completeness of easement callouts. l 224 4 In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services: • Review Lot Line Adjustment documents. • Prepare legal descriptions and plats. Plan Checking Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a strict attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour, staging and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: - The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. L 1. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes provided by the City, clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Tuesday, October 17, 2006 at 5:00 PM Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Tim Jonasson, Public Works Director/City Engineer City of La Quinta, Public Works Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1 . Work Proposal (envelope 1) - submit 4 copies a. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed professional services agreement. (3) Identification of sub -consultants and their responsibilities. b. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and resumes for prime and sub -consultants. (2) Consultant and sub -consultant's experience with similar work, including names and current phone numbers of references for listed projects. Experience statements should include map/plan check project listings, annual quantities reviewed and municipal client listings/contact phone numbers. Experience in working with local desert cities as a plan/map check staff member or in a similar function as a contract map/plan check consultant is an essential component for qualification relating to this RFP. 2. Cost Proposal (envelope 2) — submit 4 copies The consultant is to submit a detailed service term, schedule and cost proposal (using the format or form shown in Schedule A) for all services and materials anticipated in completing projects based on the scope of services. The consultant may submit qualifications and cost proposals for either on call plan check services or on call map check services. The consultant may also submit to perform both on call plan check and map check services for the City. Selection Process Qualifications, Experience, Resumes and Cost Proposals will be reviewed by the Consultant Selection Committee. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. The Consultant Selection Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal and Cost Proposal. The City will open contract negotiations with the top ranked firms. The successful consultants will be expected to enter into the attached Professional Services Agreement. Approximately five contract awards for qualified firms are anticipated by December 2006 to become effective January 1, 2007 through December 31, 2008. City Rights and Options This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective consultants may be required to submit revisions to their qualification statements. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw this Request for Proposal at any time, and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services. The City of La Quinta will reserve the right to request that specific personnel with specific expertise be added to the team, if the City determines that specific expertise is lacking in the project team. Statements and other materials submitted will not be returned. The City of La Quinta reserves the right to abandon this RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to any contractor for any costs or damages arising out of its response to the RFP. 4' "7 Exhibit A - Service Term, Schedule & Cost Proposal Consultant shall provide services for a term of twenty-four (24) months beginning January 1, 2007 and terminating on December 31, 2008. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Map Submittal Map Check Turn -Around (From Receipt from City Staff) 1s Plan Check Working Days 2nd Plan Check Working Days 3rd Plan Check Working Days Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1st Plan Check Working Days 2nd Plan Check Working Days 3rd Plan Check Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1 st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 25round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined" plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. nn The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. Map Check Compensation Map check payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps $ base fee plus $ numbered lots) Parcel Maps $ base fee plus $ numbered lots) Lot Line Adjustment $ base fee plus $ per lot (including both lettered and per parcel (including both lettered and fee per line adjusted This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 — Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. Consultant may be requested to provide additional map checks after the third check. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City.=- Consultant also may be requested to provide supplemental map checking or general map consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $ per hour— no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Plan Check Compensation Plan check payment shall be made in full at a "fixed fee" rate of: $ per sheet (submittals with 1-5 sheets in quantity) $ per sheet (submittals with 6-15 sheets in quantity) $ per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant. shall be compensated based on the last completed plan check. If the plan check process is completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. � 4 � The Consultant shall separately invoice per plan and per plan check. No exceptions will be allowed to the payment schedule. Consultant also may be requested to provide general civil consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $ per hour— no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1 1 10- 20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. CONSULTANT: Date: Name: Title: PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to On -Call Engineering Map/Plan Check Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to 232 perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall �.�i3 within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on January 1, 2007 and terminate on December 31, 2008 (initial term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Inwury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. .The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, .regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. Z . d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City, If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reductinR jr v v J elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. 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. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. 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. 19. 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. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not .be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a• waiver of any other default concerning the same or any other provision of this Agreement. 7.5 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. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 242 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: 243 Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: Date: Exhibit A Scope of Services Map checking and/or plan checking may be provided by a On Call Engineering Map/Plan Consultant, as applicable, with the following scopes: Map Checking Subdivision Tract and Parcel Maps will be reviewed by a Licensed Land Survey in the State of California for the procedure of survey, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved Tentative Map, the approved Conditions of Approval, and a current title report. This review includes but is not limited to the review of survey documentation, lot and boundary closure calculations, dedications and easement provisions, legal descriptions and completeness and accuracy of data notation. Some of the specific items that are reviewed or checked include the following: • Title sheet format and certificates. • Current legal descriptions. • Correct assessor's parcel being subdivided per the title report and Tract/Parcel Map. • Check closure of subdivision boundary and individual lots against traverse. • Verify lot areas against traverse. • Check for correct mathematics. • Clarity of drafting. • Proper delineation and identification of record data. • All appropriate data in the title report is shown on the map. • Proper reference to adjacent recorded maps and ties thereto. • Proper reference and ties to found/set monumentation. • Minimum lot sizes meeting the requirements of zoning of the Tentative Map. • On -map items identified by the subdivision resolution are properly satisfied. • Boundary tied to the California Coordinate System, where required. • Verify ownership shown on the map against the title report. • Verify easements and completeness of easement callouts. In addition to reviewing subdivision Tract and Parcel Maps, the consultant may be requested to provide the following services: • Review Lot Line Adjustment documents. • Prepare legal descriptions and plats. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. n 117- Plan Checking Improvement plan checking will include the review of plans submitted for subdivision (residential) improvements, commercial developments, and infrastructure improvements within the City's right of way. The plans shall be reviewed for conformance with local and other applicable (County, State and Federal) ordinances and standards with a sense of attention to details. Plan check services may include, but are not limited to the following: • Grading Plans including mass grading, rough grading and precise grading plans • Street Improvement Plans including street widening, rehabilitation and new street plans • Storm Drainage Plans • Hydrology and Hydraulic Calculations and Reports • Traffic Plans including signing and striping plans, traffic detour and traffic staging plans and signal plans • Engineer's Cost Estimate for the related items of work for bonding purposes • Engineer's Reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans, and Special Traffic Reports The tasks of the plan checker include: • To check for design conformance to: The approved Tentative Map - Related Specific Plans - General Plan and City Ordinances - Conditions of Approval - City Standards - ADA Standards - The City's Subdivision Plan Check List - Other Agency Requirements such as RCFCD, CVWD and CalTrans • To review plans for sound engineering practices. • To check for accuracy of design in conformance with the City's most current Plan Check List. • To check general mathematics and design criteria. • To call for redesign of any portion of plans that: - Will not function due to poor engineering. - Is not consistent with the Approved Tentative Map or Conditions of Approval. - Will be potentially unsafe to the public. - Impractical to construct. All plans shall be reviewed under the direct supervision of a California Registered Engineer. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided. in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. Exhibit B Schedule of Compensation Map Check Compensation Map check payment shall be made in full at the following "fixed fee" rates as specified for Tract Maps and Parcel Maps: Tract Maps $ base fee plus $ numbered lots) Parcel Maps $ base fee plus $ and numbered lots) Lot Line Adjustment $ base fee plus $ per lot (including both lettered and per parcel (including both lettered fee per line adjusted This rate shall be compensation for up to three (3) map checks. Payment for additional map checks after the third check shall be made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the map check (after the third check) shall be made in writing to the Contract Officer for approval as specified in Section 1.6 — Additional Services of the Agreement. Compensation for the first three map checks shall be distributed at the following schedule: First Map Check 65% of the Total Map Check Fee Second Map Check 20% of the Total Map Check Fee Third Map Check 15% of the Total Map Check Fee The Consultant shall be compensated upon the completion of each map check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed map check. If the map check process is completed prior to the third map check, 100% of the map check fee will be paid upon completion of the final map check. Consultant may be requested to provide additional map checks after the third check. 4 447 Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. Consultant also may be requested to provide supplemental map checking or general map consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $ per hour — no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Plan Check Compensation Plan check payment shall be made in full at a "fixed fee" rate of: $ per sheet (submittals with 1-5 sheets in quantity) $ per sheet (submittals with 6-15 sheets in quantity) $ per sheet (submittals with 16 or more sheets in quantity) Sheet counts are based on the number of sheets submitted for plan check. Sheets may include title and detail sheets, street plans, storm drain plans, traffic plans, meandering sidewalk and parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale. Consultant receives no additional compensation for review of supporting documents including, but not limited to hydrology and hydraulic calculation reports, soils reports & engineer's cost estimates, conditions of approval, tentative tract and parcel maps. Consultant receives no additional compensation for delivery or postage fees necessary to transmit or receive plans from City. This rate shall be compensation for up to three (3) plan checks. Supplemental payment for additional plan checks after the third check or for special engineering reports including LAQMP Dust Control Plans, Storm Water Pollution Prevention Plans and Traffic Reports, shall be in made at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to complete the plan check (after the third plan check) or for special reports shall be made in writing to the Contract Officer for approval as specified in Section 1.6 - Additional Services of the Agreement. Compensation for the first three plan checks shall be distributed at the following schedule: First Plan Check 65% of the Total Plan Check Fee Second Plan Check 20% of the Total Plan Check Fee Third Plan Check 15% of the Total Plan Check Fee The Consultant shall be compensated upon the completion of each plan check as indicated in the above schedule and in conformance with Section 2.2 of the Agreement. If a project is suspended, either definitely or indefinitely, the Consultant shall be compensated based on the last completed plan check. If the plan check process is At completed prior to the third plan check, 100% of the plan check fee will be paid upon completion of the final plan check. The Consultant shall separately invoice per plan and per plan check. No exceptions will be allowed to the payment schedule. Consultant also may be requested to provide general civil consulting services for specific development related engineering projects for the City as applicable. Payment shall be made in full at an hourly rate of: $ per hour — no overtime, travel time, expenses or other administrative charges will be allowable over and above the stated hourly rate schedule. Exhibit C Schedule of Performance Consultant shall provide services for a term of twenty-four (24) months beginning January 1, 2007 and terminating on December 31, 2008. OFFICE HOURS The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Consultant shall be available to meet with City Staff during normal working hours with 48 hours advance notice. SCHEDULE The Consultant shall adhere to the following plan check schedule: Map Submittal Map Check Turn -Around (From Receipt from City Staff) 1stPlan Check Working Days 2nd Plan Check Working Days 3d Plan Check Working Days Plan Submittal Plan Check Turn -Around (From Receipt from City Staff) 1 st Plan Check Working Days 2nd Plan Check Working Days 3rd Plan Check Working Days For larger, more complex projects such as golf course developments, one (1) additional week for the 1st and 2nd plan check shall be provided, if necessary to complete a thorough plan check. The consultant shall advise the Contract Officer, in writing, if additional time is needed. Normal plan check operations will be conducted as follows: 1st Submittal Upon completing the 1st review, the Consultant shall submit the "red lined" plans and a copy of the applicable Plan Check List to the City. The City will provide supplemental comment as necessary and forward "red lined" plans to the applicant. 2nd and Subsequent Submittals Upon receipt of the 2nd round plan check submittal from the applicant and upon completing the 2nd review, the Consultant shall submit "red lined" plans and a copy of the applicable 2nd review Plan Check List to the City. The City will provide supplemental comment as applicable and forward 2nd review "red lined" plans to the applicant. The process of applicant correction, Consultant review followed by City review and "red lined plan return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by the Consultant. If necessary, the Consultant shall be available to meet with City staff and/or the applicant to review the plan check comments. The Consultant will communicate directly with the applicant regarding plan check issues and clarifications. The City desires an average of no more than 3 plan check rounds before final plan approval. ^"' The Consultant shall also maintain a plan check log as follows to track the plan check status. The plan check log shall include the following information: 1) Receipt Date 2) Transmittal Dates 3) Who is Receiving the Information 4) Status of Plan Check 5) Project Description and City Plan Check Number 6) Plan Check Fees The Consultant shall maintain all files for a period of three years. Copies of requested files will be furnished to the City upon request. Exhibit D Special Requirements AT NO ADDITIONAL COST TO THE CITY: 4. designated work site. 5. 6. 3, The Consultant shall respond to requests for plan'' check within twenty-four (24) 7. hours. 8. 4. The Consultant shall supply all necessary tools and materials to perform their 5. work. COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Approval of a Professional Services Agreement with Crowson Management Services for Commercial and Construction Graffiti Abatement Services and Appropriation of Funds RECOMMENDATION: N AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Professional Services Agreement (Attachment 1) with Crowson Management Services for Commercial and Construction Graffiti Abatement and appropriate $30,000 out of the General Fund undesignated reserves for a 6-month pilot program beginning on October 1, 2006. FISCAL IMPLICATIONS: The FY 2006/2007 does not include an appropriation for this program. Adequate funds are available in the General Fund undesignated reserves to fund this program. Staff estimates that this 6-month pilot program contract could cost up to $30,000. These services will be paid for on a time and material basis. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: With the increased commercial development on Highway 111, graffiti incidents reported on commercial and construction site properties appear to be increasing. The City historically has pursued abatement of graffiti on commercial property through the Municipal Code nuisance abatement process (Attachment 1). This process requires code enforcement staff to notify the property owner who then has three (3) days to abate the graffiti or appeal the notice to the Planning Commission. Costs for the abatement are paid for by the City. A change to this procedure would be for the City to hire a private contractor to patrol commercial sites and abate graffiti within twenty-four (24) hours. This would require the City to gain access to commercial sites through conditions of approval for development or other written authorization by the property owner. As of September 2006, staff began including this as a recommended condition of approval for all commercial development projects. Crowson Management Services currently provides graffiti abatement services for the following agencies: City of Coachella, Southern Coachella Community Services District, and the Riverside County EDA for the cities of Bermuda Dunes, Thousand Palms, Indio Hills, Desert Center, North Shore, Mesa Verde and Ripley. Staff believes Crowson Management Services has a positive track record with other local agencies in providing graffiti abatement services. Staff recommends that the City enter into a 6-month pilot program in order to review the graffiti abatement needs of the City's commercial sites. Attachment 2 is the Professional Services Agreement for commercial and construction graffiti abatement services with Crowson Management Services. The Agreement calls for a 6-month term beginning October 1, 2006 and ending March 31, 2007. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to enter into Professional Services Agreement with Crowson Management Services for commercial and construction graffiti abatement services and appropriate $30,000 from available undesignated general fund reserves; or 2. Do not authorize staff to enter into Professional Services Agreement with Crowson Management Services for commercial and construction graffiti abatement services and do not appropriate $30,000 from available undesignated general fund reserves; or 3. Provide staff with alternative direction. Respectfully submitted, 1mothy R. o as , P.E. Public Wor ire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Municipal Code 1 1.73.030 Abatement of Graffiti 2. Professional Services Agreement N err1- 1 �_; -1 41 11.73.030 Abatement of graffiti. ATTACHMENT 1 Title it PEACE, MORALS AND SAFETY Chapter 11.73 GRAFFITI 11.73.030 Abatement of graffiti A. Notice to Abate Graffiti. Upon determination that graffiti exists, a notice shall be issued to the property owner. The notice shall be entitled, "Notice to Abate Graffiti," in letters not less than one inch in height, and shall cite this chapter as authority for such abatement. The notice shall contain a general description of the graffiti and a general description of the property on which the graffiti is located, sufficient to identify the location of the property. The notice shall inform the owner of the property that the graffiti must be abated within three days from the date of service of the notice. B. City Removal of Graffiti. The notice shall inform the owner that the city will, at no expense to the owner and at the owner's request: 1. Supply paint and other necessary supplies to the owner for use in painting over or otherwise removing the graffiti; or 2. Direct a city employee or agent to paint over or otherwise remove the graffiti. C. Service. 1. The notice to abate graffiti may be served by one of the following methods: a. Personal service; or b. Certified mail; or c. Posting the notice at a conspicuous place on the premises where the graffiti is located or at the abutting public right-of-way in addition to service by personal service or certified mail. 2. The notice shall be deemed served at the time of personal service, one day after the certified mail is postmarked (exclusive of days in which the U.S. mail is not delivered), and at the time of posting. D. Appeal Procedure. Within three days from the date of the notice to abate graffiti, the property owner may appeal to the planning commission the determination that graffiti exists on the property. The appeal shall be in writing and filed with the city clerk. At a regular meeting not more than thirty days thereafter, the planning commission shall proceed to hear and pass upon the appeal. The planning commission's decision may be appealed within ten days of the decision by written request to the city clerk. The city council shall hear the appeal at a regular meeting not more than thirty days from the date of request. E. Failure to Abate. If graffiti is not voluntarily abated after notification, the following shall apply: 1. Prosecution. Failure to abate graffiti shall constitute an infraction pursuant to Section 1.01.200 of this code, which provides for prosecution as misdemeanor upon committing three infractions. 2. City to Abate. The city may cause the graffiti to be abated. The manner of abatement and costs incurred by the city to abate the graffiti shall be reported to the city council by the building and safety director immediately following abatement. 3. Judicial Action. The city may commence a civil action in a court of competent jurisdiction to cause abatement of the graffiti. Reasonable attorney's fees and costs may be collected by the city in any action to abate graffiti. F. Costs of Abatement. The costs of abatement of graffiti may be assessed by the city in the same manner as set forth in Section 11.72.060 of this code. (Ord. 189 § 1 (part), 1991) Attachment 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Crowson Management Services ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Commercial and Construction Graffiti Abatement within the City of La Quinta, California, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Compensation. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" - Schedule of Compensation, except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation will be at a rate of $35.00 per hour, including time, materials and all other expenses. Other compensation may include reimbursement for transportation and mileage expenses at a rate of $0.75 per mile should the City choose to have certain areas of the City patrolled for graffiti abatement by the Consultant. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established by the City. Consultant shall respond to calls from the City for graffiti abatement services within 24 hours, excluding weekends, of receiving notification from the City. Extensions to the time period for responding to City's request for service may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on October 1, 2006 and terminate on March 31, 2007. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Glenn Crowson (760) 329-2813__ Consultant's Primary Contact Person Phone Number Consultant's Secondary Contact Person Phone Number a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to Ci� t; �, 1 J wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be $250,000 per individual; $500,000 per occurrence for Personal Injury/Property Damage Coverage. Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term automobile includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. u 6 1 d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City, If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. 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. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. 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. 19. 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. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. A 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. On the 151h of each month, Consultant shall provide Contract Officer with a report and corresponding digital photos showing. information about graffiti abatement performed by Consultant during the prior month. Consultant's monthly report shall be presented in a format and include all information requested by City's Contract Officer. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. Consultant shall take and provide City's Contract Officer with digital photos for use by the City's Code Enforcement or Police Department. 6.3 Ownership of Documents. Originals of all photos, drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or.any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any. subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 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. nr.n 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES• NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: CROWSON MANAGEMENT SERVICES Glenn Crowson P.O. Box 2127 Palm Springs, CA 92240 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By:_ Name: Title: Date: f,- Exhibit A Scope of Services Consultant will provide graffiti abatement services for the City. Consultant will respond to calls from the City for graffiti removal from walls, signs, irrigation stand pipes, sidewalks, buildings, etc. within 24 hours, excluding weekends, of receiving notification from City. Consultant will cover graffiti with matching paint on structure or surface to the best of their ability. Paint will be applied with a sprayer and/or rollers. Consultant may remove graffiti from signs with cleaner or scrub process, if possible. Consultant will take digital photos of all graffiti abatement with date, time and location, and type of structure. Consultant will prepare a monthly report and detailed log to Contract Officer on the 15th of each month for the prior month's graffiti abatement activity and include digital photos for that same time period. Exhibit B Schedule of Compensation Payment shall be on a "time and materials" basis. The hourly rate is $35.00 per hour starting at the time of arrival at the first graffiti location with a thirty (30) minute minimum. Hourly fee includes paint and graffiti removal chemicals. There is no mileage fee involved unless the City requests to have the Consultant patrol areas of the City for graffiti. Without the mileage fee, Consultant will respond on a call out basis only. If, in the course of responding to reported graffiti, other graffiti is observed, Consultant will take appropriate action to remove it. If the City desires to have Consultant patrol the City, or certain areas of the City, during specific times, the rate would include a mileage fee of $0.75 per mile. If Consultant encounters a situation that requires an unusually large amount of paint or chemicals, Consultant may request additional reimbursement from City. Consultant must have prior approval from City's Contract Officer for any additional reimbursement. Exhibit C Schedule of Performance Consultant shall respond to calls from the City for graffiti abatement services within 24 hours, excluding weekends, of receiving notification from the City. Extensions to the time period for responding to City's request for service may be approved in writing by the Contract Officer. 2 Exhibit D Special Requirements Any special projects will be mutually determined by Consultant and City's Contract Officer. Twit 4 eeP QuAikr1ru COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Acceptance of SilverRock Resort Soil Stabilization, Project No. 2002-07M RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -& STUDY SESSION: PUBLIC HEARING: Accept SilverRock Resort Soil Stabilization, Project No..2002-07M as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $22,529.22 thirty- five days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 PM 10 budget (Account No. 101-7004-431 .32-01) was $500,000, which included funding for ongoing PM10 stabilization by DISC Construction Services, and adequate funding for the SilverRock Soil Stabilization Project 2002-07 .M. For Fiscal Year 2006/2007 the PM 10 budget (Account 405-9001- 702.32-15) is $175,000, which also includes funding for ongoing PM 10 stabilization by DISC Construction services as well as funding for the remaining fiscal obligation for the SilverRock Soil Stabilization Project 2002-07 M. The following is the budget summary for this project: Original Contract Amount $185,000.00 Contract Change Order Nos. 1-3 $40,292.00 Revised Contract Amount $225,292.00 Amount Paid Account No. 101-7004-431.32-01 ($129,377.00) Amount Paid Account No. 405-9001-702.32.15 ($73,386.00) Remaining Fiscal Obligation (Retention) $22,529.00 Sufficient funds are available in PM 10 Account No. 405-9001-702.32.15 for DISC Construction Services to continue their service through the month of October. Staff is currently assessing the SilverRock future PM 10 needs and will be reporting the findings to the City Council at a future date. Z-74 BACKGROUND AND OVERVIEW: SilverRock Resort consists of 525 acres in which approximately 290 acres of the property remain undeveloped. From the beginning of construction, PM 10 measures have been in place for dust control and Air Quality Management District (AQMD) compliance by various contractors working on the project. After the golf course construction was completed, the Agency has been responsible for overall dust control for the project. On April 19, 2005, the City Council ratified a purchase order with DISC Construction Services in an amount not to exceed $243,214 to provide soil stabilization and water truck services for the undeveloped property. On August 2, 2005, the City Council approved an additional six months of service with DISC Construction Services not to exceed $1 15,920. At that time the Agency asked staff to investigate PM 10 control alternatives. Staff reviewed different dust control strategies with other golf course operators and developers in an effort to provide a more permanent and cost-effective dust control measure for the undeveloped portions of SilverRock Resort. On September 6, 2005, City Council approved the SilverRock Resort Soil Stabilization, Project No. 2002-07M to include a combination of barley, water truck service, and chemical stabilization. The total cost was estimated to be $291,000 for the first year, but the costs for the following years are expected to be reduced because the barley will remain dormant. This option gave the greatest flexibility for future development of SilverRock Resort while providing cost effective dust control to the site. On October 31, 2005, Project No. 2002-07M was scheduled for bid opening but no bids were received. The project was then advertised again. On December 6, 2005, two bids were received for Project No. 2002-07M. One was rejected for not including a bond, the other was $200,000 over the engineers estimate. On December 20, 2005, the Agency rejected all bids for Project No. 2002-07M. As per the public contracts code, and after consulting the City Attorney, staff negotiated with Precision Landleveling to perform the work for the SilverRock Resort Soil Stabilization Project No. 2002-07M. On March 29, 2006, a Notice to Proceed was issued to Precision Landleveling. The project was extended from the original completion date of June 28, 2006 to September 1, 2006. The extension was a result of difficult soil conditions for growing plants that was corrected through fertilization, plowing, and planting Sudan grass. The original contract amount was $185,000. Three Contract Change Order's have been approved for additional work including: clearing additional weeds and debris on the property along Jefferson Street (CCO #1), plowing costs and additional Sudan n, grass seed (CCO #2), and removing the tamarisk trees from around the village lakes '' and mowing the property along the west side of Jefferson Street (CCO #3).The final revised contract amount with Contract Change Order Nos. 1 through 3 is $225,292.18. Work on this project is now complete and staff therefore recommends acceptance of this project. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Accept SilverRock Resort Soil Stabilization, Project No. 2002-07M as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $22,529.22, 35 days after the Notice of Completion is recorded; or 2. Do not accept SilverRock Resort Soil Stabilization, Project No. 2002-07M as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $22,529.22, 35 days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, Jimothy . Jo a son, P.E. blic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, Executive Director ��U Tit!t ot 4 a" COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Adoption of a Resolution of the City Council Approving the National Incident Management System (NIMS) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the National Incident Management System (NIMS). -FISCAL IMPLICATIONS: Failure to adopt the Resolution would make the City ineligible for FEMA reimbursements. CHARTER CITY IMPLICATIONS: � em- BACKGROUND AND OVERVIEW: The purpose of this resolution is to fulfill the federal requirement for a resolution indicating the City has adopted the National Incident Management System (NIMS). This will provide a consistent nationwide approach to response and recovery from disasters, regardless of cause, size, or complexity. The system utilizes standard terminology, standardizes organizational structures, unified command structures, interoperable communications, consolidated action plans, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies and disasters. A binder copy of NIMS is available at the Building & Safety public counter. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the National Incident Management System (NIMS); or 2. Do not adopt a Resolution of the City Council approving the National Incident Management System (NIMS); or 3. Provide staff with alternative direction. Respectfully submitted, ` T;Wn Tom Hartung, Buildi g & Safety Director Approved for submission by: 74, Thomas P. Genovese, City Manager r„ i RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO FULFILL THE FEDERAL REQUIREMENT FOR ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). 'WHEREAS, the President in Homeland Security Directive-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System, which would provide a consistent nationwide approach for federal, state, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from disasters, regardless of cause, size, or complexity; and WHEREAS, California pioneered the development of standardized incident management systems to respond to a variety of catastrophic disasters, including fires, earthquakes, floods, and landslide; and WHEREAS, in the early 1970s, the California fire service, in partnership with the federal government, developed the seminal emergency incident command system that has become the model for incident management nationwide; and WHEREAS, in 1993, California was the first state to adopt a statewide Standardized Emergency Management System for use by every emergency response organization, and implemented a system to ensure the continual improvement of the Standardized Emergency Management System; and WHEREAS, California emergency management professionals have contributed their expertise to the development of the new National Incident Management System; and WHEREAS, it is essential for responding to disasters that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and Resolution No. 2006- National Incident Management System (NIMS)) Adopted: September 19, 2006 Page 2 WHEREAS, the California Standardized Emergency Management System substantially meets the objectives of the National Incident Management System; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System nationwide; and WHEREAS, the Governor of the State of California has directed his Office of Emergency Services and Office of Homeland Security in cooperation with the Standardized Emergency Management System Advisory Board to develop a program to integrate the National Incident Management System, to the extent appropriate, into the state's emergency management system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta will integrate the National Incident Management System, to the extent appropriate, into the emergency management system. 2. The City of La Quinta will utilize the National Incident Management System which shall be consistent with the integration of the National Incident Management System and the Standardized Emergency Management System in California. 3. A copy of this resolution will be forwarded to the Governor's Office of Emergency Services. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of September, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Resolution No. 2006- National Incident Management System (NIMS)) Adopted: September 19, 2006 Page 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California w 0 QUM& �T--- F� cy� w5 OFTt�9 COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Approval of the Fifth Amendment to the Agreement for Law Enforcement Services Between the City of La Quinta and the County of Riverside RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Fifth Amendment to the Agreement for Law Enforcement Services between the City of La Quinta and the County of Riverside. FISCAL IMPLICATIONS: The cost associated with the added positions for the next fiscal year is estimated at $1,233,967 including one-time training expenses. Adequate funds for the positions have been included in the City's current operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has contracted for law enforcement services with the County of Riverside since the incorporation of the City. The current five-year agreement was approved by the City Council on November 19, 2002. Upon approval, the proposed Fifth Amendment (Attachment 1) would add one fully -supported Commercial District Officer and eighteen hours of patrol per day. - n 232 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1 . Approve the Fifth Amendment to the Agreement for Law Enforcement Services between the City of La Quinta and the County of Riverside; or 2. Do not approve the amendment to the Agreement for Law Enforcement Services between the City of La Quinta and the County of Riverside; or 3. Provide staff with further direction. Respectfully submitted, --7--"--z Llti-� Tom Hartung, Director 6f Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Copy of the Fifth Amendment to the Agreement for Law Enforcement Services ^93 ATTACHMENT 1 FIFTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF LA QUINTA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of La Quinta, approved by the Board of Supervisors on December 23, 2002, for services effective July 1, 2002 through June 30, 2007, as amended October 7, 2003, March 23, 2004, August 24, 2004 and October 25, 2005, is hereby amended in the following respects only: 1. Attachment A is amended to read as follows: ATTACHMENT A CITY OF LA QUINTA LEVEL OF SERVICE Average Patrol Services 120 supported hours per day. (Equivalent of 24.6 Deputy Sheriff positions @ 1780 annual productive hours per position.) Non -dedicated Positions Seven (7) Deputy Sheriff (fully supported) positions - Target Team Dedicated Positions Two (2) Sheriff's Sergeant positions Five (5) Deputy Sheriff (fully supported) positions - Motor Officers One (1) Deputy Sheriff (unsupported) position — Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position — Coachella Valley Narcotics Task Force Three (3) Community Service Officer II positions H H H H H H IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Amendment to Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. Dated: ATTEST: Name 'De bor-wk la • Pawe % i Title Ci4y CIe,-K Dated: ATTEST: Nancy Romero Clerk of the Board By: Deputy CITY OF LA UINTA By: ayor COUNTY OF RIVERSIDE Chairman, Board of Supervisors FORM APPROVED COUNTY COUNSEL JUL 1 7,2006 BY u Sept� �OFT� COUNCIL/RDA MEETING DATE: September 19, 2006 AGENDA CATEGORY: ITEM TITLE: Approval of a Professional Services BUSINESS SESSION: Agreement (PSA) with PW Construction Inc. for CONSENT CALENDAR: Construction Management Services for the La Quinta Museum Expansion , Project No. 2006-10 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Professional Services Agreement (Attachment 1) with PW Construction Inc. in the amount of $157,500 for construction management services for the museum expansion project. FISCAL IMPLICATIONS: Adequate funds have been budgeted in the Capital Improvement Budget Account # 401-1705-551 .32-10 for the expenditure. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Construction documents for the museum are approximately 50% complete. Funding for the construction of the museum is contained in this fiscal year's Capital Improvement Budget. By enlisting the services of a construction management firm at this time, they will be able to assist in the coordination of the remainder of the design process and bidding as well as the construction and close-out phases of the project. PW Construction Inc. is the same firm that is currently providing the City and Agency similar services for the City Hall expansion and the Vista Dunes Courtyard Homes projects. Due to the relatively small scale of this project, utilizing a firm already mobilized and providing services to the City is an efficient way to contract for construction management. FINDINGS AND ALTERNATIVES: 1 . Approve the Professional Services Agreement with PW Construction Inc. in the amount of $157,500 for construction management services, for the museum expansion project; or 2. Do not approve the Professional Services Agreement with PW Construction Inc. in the amount of $157,500 for construction management services for the museum expansion project; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Directof of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement with PW Construction Inc. �' 29 7 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA.QUINTA, ("City"), a California municipal corporation, and PW Construction Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Construction Management for the Museum Expansion Project as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total base amount not to exceed One Hundred Fifty Seven Thousand Five Hundred dollars ($157,500) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Paul G. Marshall Jr., President b. Dan E. Silverman, Senior Director, Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Thomas P. Genovese or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 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 therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement." 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 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. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 033 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice 94 shall be deemed communicated forty-eight (48 provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1 504 La Quinta, California 92247-1504 hours from the time of mailing if mailed as To Consultant: PW Construction Inc. Attention: Paul G. Marshall Jr. 1905 E. Route 66, Suite 200 Glendora, CA 91740 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date: �. J CONSULTANT By: Name: Title: Date: Exhibit A Scope of Services Project Understanding The City of La Quinta is seeking a firm to provide Professional Construction Management services to support Capital Improvement Project Number 2006-10, the City of La Quinta Museum Expansion. The Construction Manager (CM) shall serve as the Owner's principal agent in providing the services described in the RFP. The Owner shall ultimately enter into a separate contract with one or more Contractors for the construction of the Project. The CM shall endeavor to maintain, on behalf of the Owner, a working relationship with the Contractor(s) and Architect/Designer. It is of greatest importance that the Construction Manager provides the leadership, planning, team -collaboration and negotiating skills to deliver the project on time and within the budget. The CM must continuously be anticipating future barriers and identifying practical solutions to achieve these goals. The City should rely on the CM to ensure that it avoids any unpleasant "surprises", in particular relative to disparities between cost estimates, bids, contracts and change orders. Planning ahead, with a thorough knowledge and commitment to leveraging constructability issues and value engineering opportunities, will be of critical importance in the design phase in particular. We will be sure to avoid the City having to experience the unfortunate, but all too prevalent situation, that owner's experience when bids are submitted in substantial excess of the planning/construction estimate. Project Approach Outlined below is our approach to successfully fulfilling our obligation as Construction Manager for the City of La Quinta Museum Expansion project. Our overall approach to construction management focuses on knowledgeable and careful attention to planning, review, organizational and control issues. PW's general mindset is to implement methods and managerial skills to accomplish the work in a highly collaborative and participatory environment. Open- mindedness, cooperation, integrity and clarity are values that are emphasized and instilled by PW throughout the project team. Recognizing that a number of different entities, many of which are new to one another, we will place a great deal of emphasis on team and relationship building, especially in the early stages of the project. A number of specific activities are described later in this section to get "everyone on the same page" so to speak from the start. Individual team members are given substantial opportunities to discuss their specific needs, concerns and ideas. Problem solving and problem avoidance will be a collaborative team -wide effort (as much as possible) in order to facilitate synergy and harmonious working relationships by all. At the same time- and when necessary- PW Construction as Construction Manager will provide tough-minded leadership and decision -making in order to achieve the City of La Quinta's goals and expectations. Our project approach is also heavily reliant on implementing our proven systems, processes and procedures that are required to run an efficient, well-oiled construction project. We utilize state-of-the-art management information and effective project planning software as the technological, logistical, operational and financial "backbone" for the Museum Expansion project. The Construction Manager's responsibility for the entire project will be broken into four sequential phases: • Design (three months) • Bidding/Awarding (two months) • Construction (nine months) • Close-out (one months) Specific scope of work and deliverables for each phase are detailed in the following section. Basic Services Provided Outlined below are the general services that would be provided to the City of La Quinta: • Integrated Project Management • Individual Project On -Site Construction Supervision • Construction Monitoring and Inspection • Project Team Communications and Coordination • Safety Program Development and Implementation • Construction Cost Estimating • Constructability Reviews and Value Engineering • Budget Management and Cost Control • Bidding, Evaluating and Awarding Contracts • Project Scheduling and Monitoring • Contract Administration • Contractor Requisition and Payment System administration • Labor Compliance and Monitoring ti 98 • Post -Construction Close -Out Activities • Assist City with evaluation and selection of specialty professional services (e.g. inspection services, environmental, materials testing, geological, etc.) • Host and plan an all day full project team kick-off meeting • Prepare a comprehensive Project Management and Procedures Manual • Install live web cams on the project site • Provide professional trained mediation services to resolve any disputes in a positive, equitable and efficient manner • Publish a monthly Executive Summary Report Detailed Scope of Deliverables Provided Outlined below is a more detailed and comprehensive description of the deliverables that PW will provide to the City of La Quinta (broken down by phase). Phase One: Design • Construction Management Plan: The CM shall prepare a Construction Management Plan for the Project and shall make recommendations to the plan throughout the duration of the Project as appropriate. In preparing the Construction Management Plan, the CM shall consider the Owner's schedule, budget and general design requirements for the Project. The CM shall then develop various alternatives for the scheduling and management of the Project and shall make recommendations to the Owner. • Constructability Review: Perform a complete constructability review of the project bid documents, specifications, plans and estimates prior to bidding the project and identify potential problems that need correction before the project is bid. • Project and Construction Budget: Based on the Construction Management Plan the CM shall prepare a Project and Construction Budget based on the separate divisions of the work required for the Project and shall identify contingencies for design and construction. The CM shall review the budget with the Owner and Designer and the CM shall submit the Project and Construction Budget to the Owner for acceptance. The Project and Construction Budget shall be revised by the CM as directed by the Owner. • Preliminary Estimate and Budget Analysis: The CM shall analyze and report to the Owner and the Designer the estimated cost of various design and construction alternatives, including CM's assumptions in preparing its analysis, a variance analysis between budget and preliminary estimate, and recommendations for any adjustments to the budget. • Review contract documents and coordinate permit requirements. n • Schedule and attend a field walk with the Inspector, Project Architect, Design Team Members and City representatives. • Revisions to the Construction Management Plan: During the Design Phase the CM shall make recommendations to the Owner regarding revisions to the Construction Management Plan. The Construction Management Plan shall include a description of the various bid packages recommended for the Project. Revisions approved by the Owner shall be incorporated into the Construction Management Plan. • Progress Meetings: The CM shall conduct periodic progress meetings attended by the Owner, Designer and others. Such meetings shall serve as a forum for the exchange of information concerning the Project and the review of design progress. The CM shall prepare and distribute minutes of these meetings to the Owner, Designer and others as necessary. • Review of Design Documents: The CM shall review the design documents and make recommendations to the Owner and Designer as to constructability, scheduling and time of construction; as to clarity, consistency, and coordination of documentation among Contractors; and as to the separation of the Project into contracts for various categories of the Work. • Cost Control: The CM shall prepare an estimate of the construction cost for each submittal of design drawings and specifications from the Designer. This estimate shall include a contingency acceptable to the Owner, CM and the Designer for construction costs appropriate for the type and location of the Project and the extent to which the design has progressed. • Project and Construction Budget Revision: The CM shall make recommendations to the Owner concerning revisions to the Project and Construction Budget that may result from design changes. • Value Engineering Studies: The CM shall provide value engineering recommendations to the Owner and Designer on major construction components, including cost evaluations of alternative materials and systems. • Design Phase Change Report: The CM shall prepare and distribute Design Phase Change Reports that shall list all Owner -approved changes as of the date of the report and shall state the effect of the changes on the Project and Construction Budget and the Master Schedule. • Approvals by Regulatory Agencies: The CM shall coordinate transmittal of documents to regulatory agencies for review and shall advise the Owner of potential problems resulting from such reviews and suggested solutions regarding completion of such reviews. • Construction Delivery Method Recommendation: Provide a thorough and comprehensive analysis that compares various construction delivery method options. This evaluation would primarily focus on the benefits/drawbacks to the City by utilizing a single general contractor delivery method vs. a multi -prime trade delivery method (i.e. that does not include a general contractor). The CM would also provide a recommendation to the City regarding which methodology serves the City's best interests. Upon approval of one method or the other by the City, the CM would implement an effective means of developing bid packages, soliciting bids, reviewing bids and awarding contracts on their behalf. Phase Two: Contractor Bidding and Awarding • Pre -qualifying Bidders: The CM shall assist the Owner in developing lists of possible bidders and in pre -qualifying bidders. This service shall include preparation and distribution of questionnaires, receiving and analyzing completed questionnaires, interviewing possible bidders, bonding agents and financial institutions, and preparing recommendations for the Owner. The CM shall prepare a list of bidders for each bid package and transmit to the Owner for approval. • Bidder's Interest Campaign: The CM shall conduct a telephone and correspondence campaign to attempt to increase interest among qualified bidders. • Notices and Advertisements: The CM shall assist the Owner in preparing and placing notices and advertisements to solicit bids for the project. • Delivery of Bid Documents: The CM shall expedite the delivery of Bid Documents to the bidders. The CM shall obtain the documents from the Designer and arrange for printing, binding, wrapping and delivery to the bidders. The CM shall maintain a list of bidders receiving Bid Documents. • Pre -Bid Conference: In conjunction with the Owner and Designer, the CM shall conduct pre -bid conferences. • Information to Bidders: The CM shall develop and coordinate procedures to provide answers to bidder's questions. All answers shall be in the form of addenda. • Addenda: The CM shall receive from the Designer a copy of all addenda. The CM shall review addenda for constructability, its impact on the Project and Construction Budget, scheduling and time of construction, and for consistency with the related provisions as documented in the Bid Documents. The CM shall distribute a copy of all addenda to each bidder receiving Bid Documents. • Bid Opening and Recommendations: The CM shall assist the Owner in the bid opening and shall evaluate the bids for responsiveness and price. The CM shall make recommendations to the Owner concerning the acceptance or rejection of bids. `' • Analyzing Bids: Upon receipt of the bids, the CM shall evaluate the bids, including alternate bid prices and unit prices, and shall make a recommendation to the Owner regarding the award of the Construction Contract. • Construction Contracts: The CM shall assist the Owner in the assembly, delivery and execution of the Contract Documents. The CM shall issue to the Contractor(s) on behalf of the Owner the Notice of Award and the Notice to Proceed. Phase Three: Construction • Schedule and facilitate a Partnering Session kick off meeting with the City and all of the other project team members. This all -day session would be facilitated by the firm Win Win, Seattle.. • Provide a pre -construction agenda to the City for concurrence, schedule a pre - construction meeting and notify attendees. • Provide coordination of project activities and prepare reports and documents, as necessary, for City review and action. • Maintain at the project site, on a current basis, a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction, shop drawings, product data, samples, submittal, purchases, materials, equipment, applicable handbooks, maintenance and operating manuals and instructions, and other related documents and revisions which are relevant to the contract work. • Provide weekly status reports to the City. • Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with the Project Design Team. • Prepare and send a Weekly Statement of Working Days to the Contractor. • Monitor Contractor and Sub -Contractor certified payroll. • Monitor and document any underground electrical improvements for compliance with the project plans specifications and for requirements from the Imperial Irrigation District. • Monitor and document domestic water or sanitary sewer improvements for compliance with the project plans and specifications and for any requirements from the Coachella Valley Water District. • Administer the construction contract in conformance with the requirements set forth in the Plans and Specifications. • Conduct weekly construction progress meetings with the Design Team, Contractor(s), City Staff, affected outside agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems and scheduling. Prepare and distribute meeting agenda and minutes. • Monitor all inspection activities, both City provided and any consulted out inspections. • Coordinate submittal review with the Design Team. • Coordinate with the City Engineer and other City Departments. • Document all claims and maintain for account records. • Coordinate and schedule construction surveying. • Coordinate testing requirements and scheduling of material testing. • Review and analyze the Contractor's schedule (monthly) including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead times. Work with the Contractor to maintain the project schedule to show current conditions and suggest revisions as required. • Recommend necessary or desirable changes in the Construction Contractor(s) scope of work. Review and evaluate Contractor(s) request for changes. Negotiate with Contractor and submit recommendations to the City supported by field data related to any additional work. If change orders are accepted by the City, prepare change orders for signature and authorization by the City. Maintain a log of change requests. • Create and maintain "As -Built" project schedule. • Review pay requests and provide recommendation for contractor payments. • Coordinate the transition of the project to the City. • Provide construction management files to the City. • Review contract documents, plans and permits. • Attend field walks and kick off meetings. • Monitor and enforce construction noticing requirements. • Maintain field diaries (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. • Monitor the Contractor's fugitive dust control plan and ensure the Contractor is using approved haul routes and they are kept clean. • Ensure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contactor's work in accordance with the approved construction contract documents. • Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard the City against defects and deficiencies in the work. As appropriate, require special inspection of testing, or make recommendations to the City regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. • Provide and maintain a digital photographic history of the project. Photos will also be taken of the following: a. Showing existing conditions prior to construction b. Disputed work items C. Work that has to be duplicated replaced or removed d. Completed work e. Extra work • Record the progress of the project. Provide daily inspection reports; submit written daily progress reports to the City, including information on the Contractors and the entire project, showing percentages of completion. Keep daily logs containing a record of weather, the Contractor's work on site, number of workers, work accomplished, problems encountered and other relevant data. • During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. • Maintain copies of all permits needed to construct the project and enforce special requirements of each. ENGINEERING SUPPORT • Provide an initial review and one re -submittal of shop drawings and product data for conformance to the construction documents. • Provide plan revisions as required to interpret, clarify or modify the construction documents as required by the City Engineer. Phase Four: Close -Out • Calculate the amount of final payment due prime Contractor. • Obtain evidence of certification of all lien releases. • Assist the City with filing the project "Notice of Completion." • Secure and transmit to the City required guarantees. • Issue the Notice of Substantial Completion and process the Notice of Completion. • Coordinate any startup requirements. • Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications. • Collect As -Built data from Contractor(s) or design consultants. • Make recommendation for the release of retention. 3U5 Exhibit B Schedule of Compensation Payment shall be made on a monthly Lump Sum Fixed Fee Basis, in accordance with the Consultant's Cost Proposal Sheet, attached herewith and made part of hereof, in conformance with Section 2.2 of the Agreement. Total base compensation for all work under this contract (Construction Management with General Contractor) shall not exceed One Hundred Fifty Seven Thousand Five Hundred dollars ($157,500) except as specified in Section 1.6 - Additional Services of the Agreement. Delays in the project completion shall not entitle Consultant to additional compensation, unless the delays are caused by actions taken by the City. Exhibit C Schedule of Performance Consultant shall complete all services within 15 months of the date of this Agreement. If the Project extends beyond this time frame through no fault of the consultant, the consultant will not be deemed to be in violation of this Agreement as it pertains to this Exhibit, but shall not be entitled to additional compensation unless the delay is caused by actions taken by the City. ti 3107 Exhibit D Special Requirements None. TA 4P 4 40" COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Acceptance of Transfer of the Arnold Palmer Classic Golf Course, Golf Maintenance Facility, and the Golf Course Comfort Stations at SilverRock Resort from the La Quinta Redevelopment Agency to the City of La Quinta and Authorize the City Manager to execute the Certificate of Acceptance RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 2900 STUDY SESSION: PUBLIC HEARING: Accept the transfer of the Arnold Palmer Classic Golf Course, the golf maintenance facility, and the Golf Course comfort stations at SilverRock Resort from the La Quinta Redevelopment Agency to the City of La Quinta and authorize the City Manager to execute the Certificate of Acceptance on the Grant Deed (Attachment 1). FISCAL IMPLICATIONS: Since the purchase of the 525-acre property in June 2002, the Redevelopment Agency has been making improvements to the project. As of June 30, 2006, $82,038,590 has been expended to purchase the 525 acres and develop the improvements and land as outlined below. Of this amount, staff is requesting the transfer of $39,019,869 worth of improvements to the City as detailed further in this report. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Since the inception of the SilverRock Resort project, funds have been expended for the land purchase, the Arnold Palmer Classic Course and golf course amenities, such as the golf maintenance facility, temporary clubhouse, sprung structure, and comfort stations. Phase 1 Golf Course Land $16,016,092 Golf Course Improvements 19,017,296 Maintenance Building & Land 3,404,255 Comfort Station 582,226 Total $39,019,869 Given that the Classic Course has been accepted as complete by the Agency, staff is recommending that the Classic Course property and related golf course improvements, the golf maintenance facility, and comfort stations be transferred from the Agency to the City. When embarking on this project in 2002, the Agency Board stated that its intention was to transfer the golf course assets to the City upon completion. The California Community Redevelopment Law provides that a redevelopment agency may own property during the time period public improvements are made; however, a redevelopment agency must dispose of real property when the improvements are complete and operational. The total cost of the improvements that will be transferred from the Agency to the City per this action.is $39,019,869. These funds were derived from the Agency's 2001 and 2002 Tax Exempt Bonds, and the 2003 Taxable Bonds. On May 15, 2002, the Agency held a joint public hearing with the City Council pursuant to Section 33445 of the Redevelopment Law and made the findings required per said Section regarding the expending of tax increment revenue for the 525 acre land purchase. On April 6, 2004, the Agency also held a joint public hearing with the City Council and made the findings per said Section of the Redevelopment Law regarding expending tax increment revenue for the construction of the golf maintenance facility and comfort stations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the transfer of the Arnold Palmer Classic Golf Course, the golf maintenance facility, and the Golf Course comfort stations at SilverRock Resort from the La Quinta Redevelopment Agency to the City of La Quinta and authorize the City Manager to execute the Certificate of Acceptance on the Grant Deed; or 2. Do not approve the transfer of the Arnold Palmer Classic Golf Course, the golf maintenance facility, and the Golf Course comfort stations at SilverRock Resort from the La Quinta Redevelopment Agency to the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor, Assistant City Manager Attachment: 1. Approved for submission by: Thomas P. Genovese, City Manager Certificate of Acceptance ATTACHMENT 1 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by a Grant Deed dated from the La Quinta Redevelopment Agency ("Agency") to the City of La Quinta, a municipal Corporation, ("City") is hereby accepted by the City by the signature of the undersigned agent on behalf of the City pursuant to the authority conferred upon him by the City Council on September 19, 2006, and that the City, as the Grantee, by its said duly authorized agent, hereby consents to the recordation thereof. DATED: CITY OF LA QUINTA, a Municipal Corporation By: Name: Thomas P. Genovese Its: City Manager I HEREBY ATTEST to the authenticity of the foregoing signature and to his general authority to so act by action of the City Council on September 19, 2006, and certify that said authority has not been revoked by any subsequent Resolution or order of the City. DATED: City Clerk, City of La Quinta 119/015610-0065 746193.01 a09/14/06 C OF Tl COUNCIL/RDA MEETING DATE: September 19, 2006 AGENDA CATEGORY: ITEM TITLE: Consideration of Expanded Marketing BUSINESS SESSION: Program for the Arnold Palmer Classic Course at CONSENT CALENDAR: _ SilverRock Resort for Fiscal Year 2006/2007 and Appropriation of Funding STUDY SESSION: _ PUBLIC HEARING: RECOMMENDATION: Approve an Expanded Marketing Program for the Arnold Palmer Classic Course at SilverRock Resort for Fiscal Year 2006/2007 and appropriate an additional $33,557. FISCAL IMPLICATIONS: The City Council is being asked to consider approval of an Expanded Marketing Program for the Arnold Palmer Classic Course at SilverRock Resort for Fiscal Year 2006/2007. Implementation of the proposed program has financial implications of up to $92,100. Of this amount, a continued appropriation of $58,543 in unused funds was carried over from the prior fiscal year (Account 601-0000-451 .33-77). An additional appropriation is requested for the balance or $33,557. If the additional appropriation does not generate sufficient revenues an advance from the General Fund will be required. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 16, 2006, the City Council considered and adopted the City of La Quinta Marketing Plan for Fiscal Year 2006/2007, which is the guiding document used to implement the City's overall marketing program. During discussions on the City Marketing Plan, Council directed staff to expand the options for the City's marketing efforts. Subsequently, staff met with Kiner Communications regarding the preparation of an expanded marketing program. s13 On June 6, 2006, the City Council approved Fiscal Year 2006/2007 Annual Plan as submitted by Landmark Golf Management. Council also directed Landmark Golf Management and staff to expand the SilverRock Marketing Plan (Attachment 1) in conjunction with the City Marketing Plan. Kiner has identified additional marketing strategies for the Arnold Palmer Classic Course at SilverRock Resort along with associated financial implications. Kiner submitted an Expanded Marketing Program for the Arnold Palmer Classic Course at SilverRock Resort for Fiscal Year 2006/2007 (Attachment 2) for Council consideration. The expanded marketing strategies presented by Kiner are as follows: Expand Public Relations Program $40,000 See attached public relations plan for recommendations to increase media coverage and exposure for SilverRock Resort. Place Television Advertising on LA/Orange County Cable Systems $15,000 Run a two week flight on Golf, USA, Comedy, Discovery, ESPN, ESX, Fox Sports West, Fox Sports West 2, FX, History, SciFi, Spike, TBS, and TNT. Run a 2 Column x 5" Ad Occasionally in The Desert Sun $8,600 Promote dining, golf specials, or special events through periodic advertising in The Desert Sun. Recommend budgeting for 20 2"x5" ads to run between November 2006 and May 2007. Reach Target Audience through Regionalized Advertising in National Publications $16,500 Use MNI Networks to place full page ads in targeted magazines. Recommend a one -month run in the Orange County and San Diego markets (January 2007 or February 2007 issues) in their "Menstyle" publications, which are Esquire, Golf Magazine, Sports Illustrated, and Travel & Leisure Golf. Run Radio Blitzes during Off -Periods $12,000 Run radio schedules on KDES, KDGL, KEZN, KJJZ, and KWXY for early December 2006 and mid -April 2007. Expanded Marketing Program Proposal $92,100 v J14 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an Expanded Marketing Program for the Arnold Palmer Classic Course at SilverRock Resort for Fiscal Year 2006/2007 and appropriate $33,557; or 2. Do not approve an Expanded Marketing Program for the Arnold Palmer Classic Course at SilverRock Resort for Fiscal Year 2006/2007; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, gbmmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. SilverRock Marketing Plan 2. Recommended Strategies for Expanded Marketing Program �15 ATTACHMENT 1 SilverRock Resort 2006-2007 Narrative Marketing Plan OBJECTIVE: To expand brand awareness for SilverRock Resort, promote the Arnold Palmer Classic Course as a premier golf course in the Coachella Valley and increase golf and golf -related revenues. The July 2006-June 2007 Marketing Plan is built around an, annual Marketing Budget of $248,481. The plan includes: a full-time Golf Sales Manager, advertising and promotions, collateral materials, civic and community networking, golf/consumer trade shows and internet websites and e-mail marketing. GOLF SALES MANAGER The Golf Sales Manager is a full time employee, annual salary of $38,000. The job entails: assisting with the publishing and distribution of information, advertising and promotional literature; developing and maintaining a variety of networks and relationships for the purpose of increasing sales to meet revenue goals; managing data base information; selling golf outings and tournaments with food & beverage, merchandise and other club amenities; reporting outing/tournament tee times and other information to the various departments in a timely manner with follow up as needed for a smooth event; rebooking repeat business; maintaining allied associations in golf and with other organizations that contribute to the facility's function; creating increased public interest in golf for all age groups and assisting in the coordination and communication with national associations, select local chambers, Convention and Visitors Authority, regional and local news/golf media. ADVERTISING and PROMOTIONS Advertising and promotions are targeted for La Quinta Residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California golf and travel publications. Advertising consists of local newspaper, golf and travel magazines, regional directories, local television, area radio, and a rotating local billboard. Total advertising is budgeted at $175,290 for 2006-2007. Newspaper advertising is placed in The Desert Sun with primary emphasis on the sports enthusiasts with weekly "ear ads" appearing on the front page of the Sports Section; ear ads are visible to all readers of the paper. Newspaper advertisement makes up 15% of the Marketing Budget. Special promotions are designed, as needed by season, and placed in the various print advertisements. Magazines and directories consist of local and regional magazines, yellow pages and golf -related directories. These ads vary from full page to quarter page ads and are full color. Magazines and directories compose half (50%) of the advertising budget. Television commercials (30 seconds) are placed on all three local network affiliates (CBS2, KESQ3-ABC, KMIR6-NBC) and Time Warner cable stations. Local radio is used for 30-second spots and specific promotions. TV and radio ads are 15% of the advertising budget. Billboard advertising is 20% of the advertising budget and is designed to reinforce other ad programs and catch the attention of those who may not see other types of ads. The program involves a rotary billboard; every two months the location changes within the valley. The billboard ad is 10.6 feet tall and 36 feet wide. The billboard graphic design will be updated so that the SilverRock information (tee times, website, phone number, etc.) is easier to read. COLLATERIAL MATERIALS Rack cards, scorecards, and information packets on SilverRock Resort are used as marketing tools for SilverRock Resort. Upon confirmation of the Bob Hope Chrysler Classic at SilverRock in 2007, printed material will be produced, as needed, to promote SilverRock Resort as a possible "Future Home of the Bob Hope Chrysler Classic." CIVIC AND COMMUNITY NETWORKING AND TRADESHOWS SilverRock Resort is positioned as a community -friendly golf facility and is committed to developing strong relationships with community organizations such as the La Quinta Chamber of Commerce and various local service organizations. At various venues locally and around Southern California, trade shows and expos are held that provide an opportunity to promote SilverRock Resort. These trade shows and expos are focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related businesses. INTERNET WEBSITES AND E-MAIL MARKETING A benefit of memberships in selected local chambers of commerce and the Convention and Visitors Authority is access to cross -marketing opportunities through website links to SilverRock Resort. E-mail database marketing is targeted to consumer e-mail addresses that are collected daily through comment cards, tee -time bookings, selected websites and the La Quinta Resident renewal process. This e-mail database is used to send e- mail blasts promoting SilverRock Resort and/or to offer specials during slower days of the seasons in an effort to maximize tee sheet utilization. SilverRock Resort Comparative Course Rates 2006 - 2007 Peak Season Peak Season Twilight,Rate Course Phone'' Rate $$$ $$$ Cimarron Golf Resort 760.770.6060 99.00 65.00 The ClssiC Club 76Q 6g13600 ' .... 129,1Q .. Desert Willow Golf Resort 760.346.0015 165.00 65.00 .* The Golf, Club at Fscena "" „ 760 � 78 273,7 - „ " 1p5:00 0 ,00, _* The Golf Resort at Indian Wells 760.346.4653 145.00 70.00 La Quints; tesort Ss Club 760:a6 4111 '"- 199.00 ° 115 00 .. , Marriott's Desert Springs Resort & Spa 760.341.1756 150.00 80.00 *. MarnatE's 5hadow',Ridge Golf Club 760,674 2700 PGA West 760.564.7170 199.00 115.00 .. � A IIV�� vvl:F 41uu u:v a.0 K.�u.. Westin Kission Hills Resort vv."L.V/ v.; 760.328.3198 ** Current peak rates. To date no released rates for next season ** $235.00 Outside 30 Days Discount offered through Tee -Sheet allocation percentages 155.00 *W -13 J 1 J ATTACHMENT 2 1ner Communications Recommend Strategies for Expanded Marketing Program SilverRock Resort Fiscal Year 2006-07 Prepared by: Kiner Communications Expand public relations program — Please see attached public relations plan for our recommendations to increase media coverage and exposure for SilverRock Associated Cost: $40,000 Place television adverting on L.A./Orange County cable systems — Run a two week flight on Golf, USA, Comedy, Discovery, ESPN, ESX, Fox Sports West, Fox Sports West 2, FX, History, SciFi, Spike, TBS and TNT. Our research with Fantasy Springs in this market is that after two weeks, the response goes down (i.e., those who were interested took action, and then after two weeks the spots weren't getting as strong of results). Associated Costs: $15,000 Run a 2 column x 5 inch ad occasionally in the Desert Sun — Promote dining, golf specials or special events through periodic Desert Sun advertising. We recommend budgeting for 20 2 x 5 ads to run between November and May. Associated Cost: $8,600 Reach target audience through regionalized advertising in national publications — Use MNI Networks to place full page ads in targeted magazines. We recommend a one -month run in the Orange County and San Diego markets (January or February issues) in their "Menstyle" publications, which are Esquire, Golf Magazine, Sport Illustrated and Travel & Leisure Golf. 320 Associated Cost: $16,500 Run radio blitzes during off -periods — Run radio schedules on KDES, KDGL, KEZN, KJJZ and KWXY for early December and mid -April. Associated Cost: $12, 000 TOTAL BUDGET RECOMMENDATIONS: $92,100 N SilverRock Resort: Public Relations Campaign Defining Public Relations: The activities and events that help promote a favorable relationship between SilverRock Resort and its customers and prospects; activities used to generate press coverage to promote a favorable image of SilverRock Resort and its services and experience. The exposure results are specific, measurable and attainable. They are used to determine the overall success of SilverRock Resort's public message. 1. Strategically manage relationships between SilverRock Resort and all media. 2. Generate local, regional and national press coverage using targeted press tools. 3. Use research and understanding of consumer demographics specific to SilverRock Resort to determine clear, promotable message. 4. Work with SilverRock Resort on media orientation, spokesperson possibilities and general press coverage management as well as identifying key representatives. 5. Work with SilverRock Resort to develop Media Events to insure participation and coverage from golf, travel and other related reporters and editors. 6. While SilverRock Resort's primary concern for exposure is the national audiences, we can anticipate significant local and regional press opportunities. We are also keenly aware of the necessity for a better message in our local community. The net result of the local PR effort will help springboard our national campaign. 7. Incorporate a targeted Viewer Benefit element in the PR campaign designed to increase emotional reaction and participation from audience. 8. Work with SilverRock Resort in preparing releases and video elements for their website. Public Relations Model: Large-scale national public relations effort targeting golf, sports, travel, men's and lifestyle media outlets in addition to business and venues with sidebar opportunities. General Course Press: Focus on general course, celebrity name recognition, the Arnold Palmer brand, designers, architecture, area plans, etc. Please note that all long -lead magazine efforts would include specific tailoring to the publication's individual editorial calendar. ■ National Golf Magazines --Golf --Golf Week --Golf Digest --Links Magazine --Golf for Women --Travel and Leisure Golf ■ National Sports Publications --Sports Illustrated --ESPN ■ National Travel Magazines --Travel + Leisure --National Geographic Traveler ■ National Men's Publications --Maxim --Men's Health --GQ --Cigar Aficionado ■ Regional Publications with Broad Appeal --Sunset --Los Angeles --Southern Living --Orange County ■ Weekly Publications --USA Today Insert --WSJ Weekend ■ Daily Publications, golf and sports writers --Los Angeles Times --New York Times --Wall Street Journal ■ Print Feed Services --Associated Press --Sportsfeed.com ■ National Video Feed Services --Local or regional coverage fed via satellite to hundreds of affiliate stations nationwide; possible use of Video News Release. --Syndicated Feed Service --CNN --Network News Service (NNS) --Medialink --APTV ■ National Network Television (broadcast and cable) --Big 3 Newscasts (ABC, NBC, CBS) --FOX Sports Broadcasts --ESPN ■ Regional Sports Television --FOX Sports West --O & O sports broadcasts sent to network feed. ■ Syndicated Golf Programming --Golf Southwest: This is a fee -based program with cable and broadcast affiliations in more than 20 markets including Comcast Sports in Chicago and Milwaukee, Turner in Atlanta and the Carolinas and Fox Sports in Phoenix. The fee is reasonable and includes all travel plus 4-5 segments in a half-hour program. The household reach potential in this option is in the millions. More information is available at www.tvgolfshow.com. ■ Radio Programming --Golf Talk (radio call -in show) --Golf Weekly (radio call -in show) --National Radio Outlets, ie. Fox Radio Network, ESPN Radio, Premiere Radio Network, etc. ■ Internet based golf press ■ Internet forums and blogs General Planning: Public Relations Strategies & Execution ■ Utilize the Jim Murray Invitational to leverage PR opportunities. The winter season of 2006-2007 will be the first actual season the Arnold Palmer Classic Course at SilverRock is in -condition and ready to actively solicit the attention of the sports/golf media. The goal will be to encourage as many sports media as possible to experience SilverRock firsthand so they can knowledgably feature or mention SilverRock through their varied media outlets. Sports media will be courted through golf industry public relations efforts coordinated by Kiner Communications and Landmark Golf Management. The 8th Jim Murray Invitational Golf Classic is scheduled for a one -day event on Monday, November 13, 2006, at SilverRock. The tournament and its social events offer concentrated opportunities for SilverRock's representatives to "network" with 1) the same sports media who are on SilverRock's target list 2) the scholarship winners and students who aspire to be the next generation of sportswriters and 3) sports VIPs and celebrities whose word-of-mouth promotion is invaluable. Opportunities: The 2006 Jim Murray Invitational Golf Classic is an ideal vehicle for kicking -off SilverRock's public relations efforts now that the golf course is ready for the scrutiny of the sports media. The timing of this annual event before "high season" is also desirable. The Jim Murray Invitational Golf Classic enjoys a wonderful reputation as a quality and worthwhile special event in golf. Through an ongoing relationship with the tournament, SilverRock's public relations efforts will benefit from association with the tournament and its founder Linda McCoy Murray. This recommendation is to contract for public relations benefits through the 2006 Jim Murray Invitational Golf Classic: Access to the tournament's mailing list: attendees and non -attendees Cross -utilization of press kit information/inserts (which need to be complied for SilverRock's public relations efforts) One-on-one access and interaction with sports media during the tournament and tournament social events Strengthen the working relationship with La Quinta Resort, the host hotel of the tournament Coordination between the tournament's PR efforts and Kiner/ Landmark Input to the tournament staff to ensure proper use* of: SilverRock's name and logo SilverRock's name and logo on advertisements SilverRock's name and logo on printed materials SilverRock's name and logo on TV production * Without an agreed upon relationship with the tournament, SilverRock would have no input in these matters, as the tournament can name the location of the tournament ■ General PR push includes press releases and multiple story specific pitches to all coverage outlets. ■ Product or special offer specific PR push includes soliciting coverage for individual options which will help "tell the company's story." You are relying on the viewer or reader saying to her friend, "hey —I was watching the news the other day and they were talking about this special golf offer in La Quinta." ■ Email PR solution involves blasts with coupons and call to action. Forums and blogs focus on the water cooler message, ie. Father's Day, Summer Travel, etc. ■ All paid advertising venues would be exploited for additional press coverage opportunities, ie. Radio contests with paid ads, value added buzz in magazines, etc. ■ Local value added PR opportunities include visual weather background video for local weathercasters. Voiceover would include references to "...beautiful golf at SilverRock Resort...", etc. Press Releases: We are defining the press release generally speaking as the announcement of an event or other newsworthy item that is issued to media organizations. For the press release to be effective, meaning, getting coverage for SilverRock Resort, we need to think bi-laterally. What do the editors need to see and/or feel to encourage them to cover events or newsworthy items? The key is understanding what the term "newsworthy" means to each outlet and giving them the pitch that will work. In other words, it will not mean the same press release for each agency. Press releases, media kits and media advisories need to be as visual as possible. Video of products and website will be essential for television coverage. Print outlets will need photographic versions of this material. Media representatives respond well when their investment goes up too. A sticker, button or pencil may help seal the deal on coverage. Kiner Communications will produce targeted press releases and kits focused on individualized coverage from each agency capitalizing on each outlet's water cooler standards of coverage. Spokespersons: Use the most knowledgeable and media -friendly people to help us publicize the resort. The bigger the name, the more likely the media is to react. The availability of Arnold Palmer will be key in determining our strategy. The more available he is for the PR effort, the better our chance of coverage. Larger market area outlets like Los Angeles and San Diego especially will be more likely to send reporters if they are guaranteed an opportunity to speak to a famous golfer. For television and radio, affiliated or syndicated, these interviews will be simpler to set up and execute. Video News Release: A Video News Release has a lot in common with traditional news stories on television. However they are produced as a Public Relations tool and are not objective. More and more News Directors are accepting this enhancement to the traditional press release because it is good content with little effort, speaking to the average News Director's tight budget and resource issues. J For the News Directors, editors or producers who do have aversions to the Video News Release, we offer a workaround in a split -audio VNR. This allows decision -makers to cut the pieces down and use the video and audio as they see fit. The client still capitalizes on the downstream benefit. Giveaways: PR will have a longer shelf life with giveaways because there is a visual relationship formed on air or in print. For example, a travel magazine offers a special discount to anyone who mentions the magazine when booking a tee time, or when a tee time is booked through the magazine's link. The reader at home feels more emotion and involvement than if the magazine simply mentions the course. The more emotional pull, the more likely the reader, listener or viewer is to remember the event. The viewer benefit potential in local television is greater because of the increased level of participation potential. For example, SilverRock Resort appears on a local news program. Viewers are encouraged to call -in to win a giveaway. Not only are the participants actively involved in an emotionally appealing process, but viewers at home are interested too. Giveaway opportunities increase around other water cooler events and story lines, ie. Father's Day, Summer Travel, Golf Tournaments, Holidays, etc. Media Day(s): Kiner Communications would plan and facilitate at least one Media Day designed to rally interest in and subsequent coverage of the course. Although highlights could vary subjectively, the typical media day would include a press conference and/or presentation (with all collateral print, photo, audio and video), breakfast or lunch, a golf round and an end -of -round reception. Key spokesperson availability is key for an event like this. It is also highly recommended that any media day work around those times of year when major golf writers and/or editors are in town. Tournament and convention timing will be important in our effort to time the media events as effectively as possible. COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Consideration of Purchase of an Antique Bell for Old Town La Quinta RECOMMENDATION: As deemed appropriate by City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The estimated cost for the purchase and installation is $15,000. Adequate funding is available in the Art In Public Places Purchase Account No. 270-0000-451.74-80. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In a letter dated June 20, 2006, Marvin Investments Inc., requested the City to consider the purchase, through the Art in Public Places program, of an antique bell that would be placed in a new building located on the northeast corner of the Village (Attachment 1). This building overlooks the Plaza and faces west. The building has a tower for the placement of a bell that can be up to 30" wide. The bell would take approximately three months to ship and install. Staff from the Marvin Investments Inc., has indicated that the bell is to be attached to a hammer and clock that rings the bell during the course of the day. The request has been to set the bell to ring once on the half hour, and ring the number of hours on the hour from 8:00 a.m. until 9:00 p.m. The Community Development Department has recommended that the bell be no louder than 65 decibels per the City Noise Ordinance (Attachment 2). nry J"„ The antique bell, if approved, would be a sole source purchase from Americlocks. The sound of the bell and the depth of the tone may also be selected from their on-line services. Staff from the Marvin Investments Inc. will be present at the City Council meeting to address specific questions the City Council may have regarding the issue. The tone of the bell will be subject to approval by the Community Development Director and the Community Services Director. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the purchase of an antique bell for Old Town La Quinta; or 2. Do not approve the purchase of an antique bell for Old Town La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, C4munity Services Director Approved for submission by: G' Thomas P. Genovese, City Manager Attachments: 1. Photo of New Building 2. Municipal Code 9.100.210 Noise Control 2 0 "�Wklv 0 VAX Im k 9.100.210 Noise control. La Quinta Municipal Code Up Previous Next Main Search Print Title 9 ZONING* Chapter 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.210 Noise control. Page 1 of 1 ATTACHMENT 2 No Frames A. Purpose. The noise control standards for nonresidential land use districts set forth in this section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest. B. Noise Standards. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the "other nonresidential" standard. All noise measurements shall be taken using standard noise measuring instruments. Measurements shall be taken within the receiving property at locations determined by director to be most appropriate to the individual situation. Exterior Noise Standards Receiving Land Use Noise Standard Time Period Noise sensitive 60 dB(A) 50 dB(A) 7:00 a.m.--10:00 p.m. 10:00 p.m.--7:00 a.m. Other nonresidential 75 dB(A) 65 dB(A) 7:00 a.m.--10:00 p.m. 10:00 p.m.--7:00 a.m. If the noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this section shall be reduced by five dB(A). C. Noise Limits. It is unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent property, to exceed: 1. The noise standard for a cumulative period of more than thirty minutes in any hour; 2. The noise standard plus five dB(A) for a cumulative period of more than fifteen minutes in any hour; 3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; 4. The noise standard plus fifteen dB(A) for a cumulative period of more than one minute in any hour; or 5. The noise standard plus twenty dB(A) for any period of time. 6. For purposes of this section, the term "cumulative period" means the number of minutes that a noise occurs within any hour, whether such minutes are consecutive or not. D. Ambient Noise Level. If the ambient or background noise level exceeds any of the preceding noise categories, no increase above such ambient noise level shall be permitted. E. Exemptions. The following are exempt from the noise restrictions of this section: 1. Emergency vehicles or other emergency operations. 2. City maintenance, construction or similar activities. 3. Construction activities regulated by Section 6.08.050 of the La Quinta Municipal Code. F. Enforcement. The city building official shall have the responsibility and authority to enforce the provisions of this section. (Ord. 284 § 1 (Exh. A) (part), 1996) J 1 http://gcode.us/codes/laquinta/view.php?topic=9-9_100-9_100_210&frames=on 7/25/2006 4 / T t� �z Til Of OFTI COUNCIL/RDA MEETING DATE: September 19, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Consideration of an Award of Contract to GKK CONSENT CALENDAR: Works Construction Services to Construct the City Hall Expansion, Project 2002-01, Appropriation of Funding and STUDY SESSION: Advance From the General Fund to the Civic Center PUBLIC HEARING: Development Impact Fee (DIF) Fund RECOMMENDATION: Award the contract to GKK Works Construction Services in the amount of $8,710,514 to construct the City Hall Expansion, Project No. 2002-01, appropriate $9,072,153 from the Civic Center DIF and advance $9,615,094 from the General Fund to the Civic Center DIF fund. FISCAL IMPLICATIONS: Funding for the project will come from the Development impact Fee (DIF) with the exception of $657,000 which will come from the equipment replacement fund for modification of the existing HVAC system. The following represents the funding for the project: Civic Center DIF $12,651,000 HVAC Replacement Fund $657,000 Total Funding $13,308,000 Previously, $3,578,847 had been appropriated from the Civic Center DIF. In order to accelerate the project, an additional $9,072,152 in Civic Center DIF appropriations will be required. The following represents the total projected expenditures for the project: Design $ 730,297 Construction Management 580,008 Construction 8,710,514 Owner Supplied Materials 300,000 Furniture, Fixtures, Equipment 1,000,000 Testing 100,000 Administration 487,181 Contingency 1,400,000 Total Projected Cost $13,308,000 To date, $3,035,906 of Civic Center DIF funding has been collected and made available for this project. It will be necessary for the General Fund Reserve to loan $9,615,094 ($12,651,000 - $3,035,906) to the DIF in order to construct the project now. Interest will be paid on the outstanding balance owed to the General Fund from future DIF proceeds at a rate equal to that which would have been earned by the Local Agency Investment Fund (LAIF). Interest will be charged quarterly based upon the outstanding General Fund balance. Repayments will be credited first against interest with the outstanding principal credited second. CHARTER CITY IMPLICATIONS:. The project was bid as a non -prevailing wage job thereby saving the City some of the costs associated with labor. BACKGROUND AND OVERVIEW: On August 6, 2002, the City awarded a contract to David Evans and Associates for design of the City Hall expansion. The addition will include approximately 15,000 square feet of administrative offices as well as an approximately 8,000 square foot basement which will house an Emergency Operations Center (EOC) as well as space for storage. On June 6, 2006, the City Council authorized the plans to go to bid. The construction estimate provided on that date was $10,342,000. On September 12, 2006, the following bids were received for the project: GKK Works $ 8,710,514 Sol Pak Inc. $10,495,000 CE Wylie Construction $10,680,000 Douglas E. Barnhart $1 1 ,043,356 Subsequent to the bid opening, the City received a protest letter from Soltek Pacific e, n lei which is included as Attachment 1. Staff is in the process of investigating the alleged deficiencies outlined in the letter and will address them accordingly. However, in the opinion of the City Attorney, if the issues raised in the protest are found to be valid, there are remedies available which do not necessitate the rejection of the GKK Works bid as unresponsive. Assuming the City Council awards the contract at today's meeting, the following represents the anticipated project schedule: Notice to Proceed Construction Period Accept Improvements FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: October 1, 2006 October 2006-October 2007 November, 2007 1. Award the contract to GKK Works Construction Services in the amount of $8,710,514 to construct the City Hall Expansion, Project No. 2002-01, appropriate $9,072,153 from the Civic Center DIF and advance $9,615,094 from the General Fund to the Civic Center DIF fund; or 2. Reject all bids and do not award a contract for construction of Project 2002-01: or 3. Provide staff with alternative direction. Respectfully submitted, �6,;11 424-� Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Soltek Pacific Letter of Protest nrA L' jolt K? ATTACHMENT 1 bow September 13, 2006 City of La Quinta Building and Safety Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attn: Tom Hartung RE: Project # 2002-01 La Quinta City Hall Expansion and Renovation Dear Mr. Hartung: 2424 Congrvas Street Su to A Sark Diego- Ga iftunia 92110-IMS 619,296.6247 EOE k-m ruing Nkov R x 6.19 2% 64 4 Busin m, Dovelopin€gil Fax 619 96.I72V, CQnlract Manag$€nent Fax u19,296,7109 purch:l g Office Fax 619 296 1.509 Contractor Ltcefise 703828 Soltek Pacific protests/the bid submitted for the La Quinta City Hall Expansion and Renovation by GKK Works. This bid protest is based on the following discrepancies: 1. GKK Works did not list a sheet metal subcontractor for this project. The value of this work is approximately $125,000 and exceeded the '/2 of 1% listing amount. In addition, a C-43 License is required to perform this scope of work. GKK Works does not -have a C43 Specialty License. 2. GKK Works listed LSI Engineering for the Electrical portion of this project. LSI Engineering does not have a current C-10 License, based on the current listing on the California Contractors State License Internet listing. Soltek Pacific requests your timely response to this bid protest. Sincerely, SOLTEK PACIFI Stephen W. Thompson CEO Cc: Dan Corey — PW Construction 4 sty 4 XA Qu&Z COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Consideration of Selection of a Representative to the Chamber of Commerce Workshop/Information Exchange Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a member of the City Council to serve for three consecutive meetings of the Chamber of Commerce Workshop/Information Exchange Committee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council has established a policy of appointing one of the members to serve on the Chamber Workshop Information Exchange Committee for three consecutive meetings. Council Member Henderson was the last Council appointee to this Committee and has attended three meetings. The rotation of appointees has been as follows: Council Member Henderson (2/21 /06) Council Member Osborne (9/20/05) Council Member Sniff (3/15/05) Mayor Adolph (7/20/04) Council Member Henderson (1/6/04) In order to continue this policy, a new Council representative should be appointed at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop; or 2. Do not appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop; or 3. Provide staff with alternative direction. Respectfully submitted, iaaz Douglas R. vans Community Development Director Approved for submission y: Thomas P. Genovese, City Manager DRAFT IV. V. SILVERROCK RESORT CITY COUNCIL COMMITTEE MINUTES AUGUST 30, 2006 CALL TO ORDER REPORT/INFORMATIONAL ITEM: The meeting of the SilverRock Resort City Council Committee was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: Council Member Osborne, Mayor Adolph ABSENT: None PUBLIC COMMENT - None. CONFIRMATION OF AGENDA CONSENT CALENDAR A. Council Member Osborne motioned to approve the minutes of the August 2, 2006 SilverRock Resort Committee meeting; Mayor Adolph seconded; motion carried unanimously. REVIEW OF MONTHLY DISCUSSION ITEMS A. Marketing and Advertising Judy Vossler of Landmark reported they're working with Kiner Communications on expanded marketing concepts, will go to City Council on September 19th. Randy Duncan of Landmark added they're working with Kiner to update the website; the first draft is complete and it should be finalized within the next two weeks. In response to Mayor Adolph, Mr. Duncan said the SilverRock commercial was aired locally during the U.S. Open. Golf and Parks Landscape Manager Howlett added the commercial also aired during the Firestone Championship. • 251h Anniversary Golf Tournament - Community Services Director Hylton reported a tournament date has been selected for approval by the 251h Anniversary Committee. The Committee continues to work on the tournament and other activities. J J� DRAFT B. Facilities • Bollards — Ms. Hylton confirmed bollards will be ordered as part of the repairs and small maintenance items going to Council for approval. In response to Council Member Osborne, Ms. Hylton replied these are items outside of Landmark's contract. In response to Council Member Osborne, Mr. Howlett listed examples of these items, such as repairs waterline to the comfort station, repairs to air conditioning units, etc. City Manager Genovese added these are items not in the current golf course budget. In response to Mayor Adolph, Public Works Director Jonasson replied the street and parking lot are not part of Landmark's contract. • Perimeter Security — Mr. Howlett reported City staff is working with Park West to make final adjustments to the gates. In response to Mayor Adolph, Mr. Duncan replied there have been no further incidents of illegal entry onto the golf course. • L4 Wall — Mr. Jonasson noted the wall was lengthened to include the turnout structure, and the plans are sill in plan check at CVWD. In response to Council Member Osborne, Mr. Jonasson said the goal is to complete the wall before the season. In response to Mayor Adolph, Mr. Jonasson replied the work on Avenue 54/Jefferson is a waterline project for PGA West. • Repairs to Sink Area — Mr. Howlett reported repairs are complete and the sod has been replaced. The geologist did not find a pattern to the sink areas. • Entry Maintenance — Mr. Duncan said Landmark has taken this over and is currently working on pruning and weeding the area. New plants will be installed by the season. Mr. Genovese noted new signage near Avenue 52 is on hold for now. • Tamarisk Removal — Mr. Howlett noted tamarisks are being removed from 100 feet of the Village lakes to prevent lake damage. The contractor is cutting and poisoning trees closer to the lake, so the roots won't have to be pulled. • Native Area Filters — Mr. Howlett reported the contractor and manufacturer are working to resolve and implement a fix. He added the contractor is waiting on parts, but it should be done before the decomposed granite is installed. Mr. Jonasson added the filters are inside of boxes, so repairs won't affect the decomposed granite. In response to Mayor Adolph, Mr. Jonasson said the entry lake water looked better last week, and had DRAFT been affected by the hot weather and algae growth. Mr. Duncan said the Village lakes were drained a few months ago, and the water replaced with well water. They're treating the lakes with chemicals to kill algae. • Catering Equipment - Ms. Hylton is working with Mr. Duncan to obtain prices for potential catering equipment. Then a determination will be made if it should be brought to Council, and timing with the permanent clubhouse. Council Member Osborne noted the permanent clubhouse is a couple years away. City Manager Genovese said the schedule may be accelerated; staff is discussing and will bring it to the Agency Board. In response to Mayor Adolph, Mr. Genovese said the second golf course is market -driven. Council Member Osborne said the permanent clubhouse could take twelve months to build. In response to Mayor Adolph, Mr. Duncan replied tournaments pay for their own tents, etc. In response to Council Member Osborne, Mr. Duncan said he doesn't track how many tournaments we lose due to lack of equipment, but it may have an impact on a tournament's decision to play at SilverRock. Ms. Hylton added staff is evaluation the costs vs. benefits of the catering equipment. • CVWD Canal Panels - Mr. Jonasson reported CVWD wants to survey the canal as they claim the panels seem to have moved since the golf course was built. CVWD took a survey boat down the canal and took photos; however, we're still waiting to hear their findings. The panels are 50-60 years old. Council Member Osborne has talked with CVWD staff; CVWD is concerned about over -watering. C. Capital Projects • PM-10 Improvements - Mr. Howlett reported soil stabilization is done; once the tamarisk removal is complete, the project will go to Council for acceptance. Mayor Adolph noted there's been very little sand blowing from SilverRock during recent wind storms. Mr. Howlett added the contractor mowed the tumbleweeds. • Perimeter Landscape/Native Area Enhancements - Mr. Jonasson said a notice to proceed was issued and the materials are on -site. Mayor Adolph inquired about the dead trees along the perimeter. Mr. Howlett replied the contractor will begin working on the golf course first to be finished before overseeding on October 1'. Mr. Jonasson added the perimeter trees will be addressed; however, staff is still sorting out who is responsible for the trees. In response to Council Member Osborne, Mr. Jonasson will meet with the manufacturer this week to review bender board installation to verify that it J10 was or was not installed correctly. He added that Pinnacle has used this product in the desert, and has not had this problem. D. Project Development • Update on Discussions with DDC - 'Mr. Genovese reported there will be closed session report on September 5`h. He added negotiations are progressing well, and a DDA should be completed in the near future. VI REVIEW OF MONTHLY FINANCIAL STATEMENT Doug Von Bank of Landmark reviewed the financial statement, noting revenues were short $7,700 overall; and expenses were down $44,000. Fees were on budget; however, rounds came in 68 under budget. Mr. Duncan added the greens were aerified last week, and there were 69 golfers today. In response to Council Member Osborne, the golf shop is doing fine; some merchandise is on sale until the end of September. Mayor Adolph asked if there are any large financial items coming up; Mr. Genovese replied the minor repair budget item discussed previously will cover most small items. VII COMMITTEE MEMBER ITEMS - None. VIII ADJOUNMENT There being no other business, the meeting was adjourned at 2:32 p.m. IX NEXT MEETING The SilverRock Resort City Council Committee will meet next on Wednesday, September 27, 2006, at 2:00 p.m. in the Session Room at City Hall. Submitted by, Debbie Powell, Management Analyst REPORT/INFORMATIONAL ITEM: COMMUNITY SERVICES COMMISSION MINUTES August 14, 2006 I. CALL TO ORDER A regular meeting of the Community Services commission was called to order at 7:00 p.m. in the La Quinta City Hall Study Session Room. Commissioner Mark Weber presided over the meeting and Commissioner Bob Leidner led the Pledge of Allegiance. MEMBERS PRESENT: Chairperson Mark Weber Vice -Chairperson Robert F. Sylk Commissioner Bob Leidner Commissioner Andrea Gassman Commissioner E. Howard Long STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Tustin Larson, Recreation Supervisor Christina Calderon, Recreation Supervisor Angela Guereque, Community Services Secretary Jean Wilson, Community Services Office Assistant II. PUBLIC COMMENT None. III. CONFIRMATION OF AGENDA Motion - It was moved by Commissioner Leidner and seconded by Commissioner Gassman to confirm the agenda. Motion carried unanimously. IV. CONSENT CALENDAR A. Approval of July 10, 2006 minutes. B. Monthly Department Report for June 2006. Commissioner Long noted that on page 2 which read "reside" should have read "preside." Commissioner Leidner noted that he did not move or second the confirmation of agenda. Commissioner Sylk noted that on page 3, 3`d paragraph, Community Services Commission Minutes AugUSt 14, 2006 -2- he asked what the new center of the population would be not the "center of La Quinta." Motion — It was moved by Commissioner Leidner and seconded by Commissioner Gassman to approve the minutes as corrected and monthly report. Motion carried unanimously. V. PUBLIC HEARING None. VI. BUSINESS ITEMS A. Selection of Design for Library Bus Stop. Ms. Hylton explained City Council requested that staff send out an RFP to design a bus stop with a "Library Theme." Commissioner Gassman questioned advertising in the SunLine bus stops. Ms. Hylton stated staff is working with SunLine to meet approvals. The Artist that is chosen will have to make their designs fit with the City and SunLine requirements. Once City Council approves the design, the Artist will be working with Community Services staff, Building & Safety staff, and SunLine to make sure it meets all those specifications. Commissioner Weber stated that it is our intention that when we have a themed bus stop and substantial modification occurs, we actually become the owner and will maintain the bus stop. Commissioner Long asked if there were any criteria that had to be met. Ms. Hylton stated that the design has to meet the ADA specifications as outlined in the RFP. The RFP allowed the design to have a theme and the design had to provide a safe place, be well lit, have all the features of a normal bus stop. Presentation by Kay Henkel Studio. Commissioner Weber asked what material will be used and Ms. Henkel stated that it would be cement. Commissioner Leidner asked why Ms. Henkel would not recommend a bronze for this particular project. Ms. Henkel stated that on a bus stop, people like to carve their initials into the bronze. Commissioner Leidner asked if it was easy to carve into a bronze and Ms. Henkel stated that it scratches easily. Commissioner Sylk asked what colors Ms. Henkel had in mind. Ms. Henkel stated Soft Jade or the Soft Turquoise. 3 Community Services Commission Minutes August 14, 2006 -3- Commissioner Gassman asked how long Ms. Henkel had been working with this material and how many years Ms. Henkel had been an artist. Ms. Henkel stated that she doesn't use it as much as bronze and the other materials. In 1979, Ms. Henkel came to Palm Springs and had four art galleries which all had studio space attached so she could teach. Commissioner Sylk asked if any writing would be on the books themselves. Ms. Henkel stated that she could put writing on them, maybe Shakespeare. Commissioner Leidner asked if Ms. Henkel was using one color concrete throughout and if the bindings on the books will all be the same color. Ms. Henkel answered yes. Commissioner Long asked about vandalism. Ms. Henkel stated that it is going to be pretty stocky looking and there is going to be rebar and metal laid into the figure itself and there is a stainless steel metal all through it. Commissioner Long asked what her time frame is. Ms. Henkel stated 9 weeks. Commissioner Leidner asked if Ms. Henkel had ever done a bus stop before. Ms. Henkel answered no. Commissioner Gassman asked Ms. Henkel if she knew of any potential conflict of interest. Ms. Henkel answered no. Presentation by Metal Revelations Ms. Smith -Schooley explained that Metal Revelations wanted to create a bus stop that was not only functional but had an interest related to the library theme. They proposed a book for the roof of the bus stop, which would be all aluminum with the legs being scrolls. The back part of the screen would be attached to the back of legs of the bus stop in the form of a laser cut screen with the books on it. The bench seating would be cast concrete in the form of armchairs or a couch. Commissioner Leidner asked if the open books would be the back. Ms. Smith - Schooley stated that it is a screen going across the back and it would be between the two supports. It would be aluminum and laser cut. Commissioner Gassman stated that she was concerned about the scrolls, using metal, and whether the edges would be sharp. Mr. Smith -Schooley stated that she would make sure the edges weren't sharp. Commissioner Leidner asked if there should be any concern with the aluminum and the heat beating down on it. Mr. Smith -Schooley stated that it would be under J,i Community Services Commission Minutes August 14, 2006 -4- cover and someone would get the same thing as if they leaned up against a pole. It doesn't hold the heat such as a bronze or steel. Commissioner Sylk commented on the time of completion being about 17 weeks. Ms. Smith -Schooley replied yes, from the time of approval to getting it completely installed. Commissioner Gassman asked what their availability was. Ms. Smith -Schooley answered anytime. Commissioner Weber noted that he had a little bit of concern with the bench detail; some of these details are not included and would like an explanation in reference to the mosaic. Ms. Smith -Schooley stated that there are many places where they have benches in bus stops where they use mosaic over the concrete to add a color or to bring out what's on the building behind them. Commissioner Weber asked about the maintenance of the mosaic. Ms. Smith - Schooley stated that the tile, if it's fired to the proper temperature, is really easy to maintain. The only thing that possibly could discolor would be the grout. Commissioner Leidner asked how long the firm has been in existence. Ms. Smith - Schooley stated that the firm has been in existence six years, and she has been an artist for 20 years. Presentation by Twin Graphics - Cindy Pierce - Wendy Olson - Brian Murphy Ms. Pierce stated the different activities included are a librarian giving story time, an elderly person reading a large print book, a student doing research on a computer, someone checking out a book, and someone that is browsing the library. Geckos were chosen because there are a very natural animal to the area. The library would actually be made of rock (concrete) and the geckos would blend into the display. The geckos are a core base of foam and actually carved out. Underneath there is rebar welded together for a solid skeleton and then the foam carving is created around that. FoamWorks puts a hard coat on the foam, then the painting and airbrushing is done. Then it goes back to FoamWorks for an industrial clear coat that goes over the final project. Commissioner Gassman asked how it is cleaned. Ms. Pierce stated that you can just hose it off. The rock work is very durable. Commissioner Sylk asked how high off the ground this begins. Ms. Pierce stated that it is about 15' wide and the tallest point should be about 6', starting about 4'. Cornrnunity Services Cornrnission Minutes August 14, 2006 Commissioner Gassman asked why they chose the gecko rather than Gamby the quail. Ms. Pierce stated that with the rock work the geckos would actually work better and wanted to get something extremely durable. Commissioner Sylk asked what the time limit would be from start to finish. Ms. Pierce answered 3 months. Commissioner Weber asked about the maintenance of the planting and the lighting. Ms. Pierce stated that they Technoscape, who would tie into the existing line so the maintenance would be very little. Commissioner Gassman asked about their availability. Ms. Pierce answered immediate. Ms. Olson commented that one thing they did not mention was the bench. They had suggested a cast concrete bench, but they could also do a rock formation at different levels that people could sit throughout at different levels on rock. Commissioner Weber commented that they were not necessarily touching the stop itself, so would the roof stay the same? Ms. Pierce answered yes. Presentation by Peter Urbon given by Edie Hylton Ms. Hylton stated that Mr. Urbon was ill and dropped off his maquette with a few talking points. Peter Urbon's design is taking the roof line of the library. The overall dimensions of the structure: the length of the bench is 10'6"; the length of the structure is 22'; the low end height of the roof is 8'. The color of the structure is to match that of the library. He is looking at a replaceable wood bench seat and backrest. All steel weatherized construction except the roof tiles and the bench. The color of tile has not been indicated. Commissioner Sylk commented that this design has less protection from sun and weather. Commissioner Gassman stated that the way it is oriented there is going to be sun exposure. Commissioner Leidner stated that there won't be protection until the afternoon. Commissioner Gassman commented another concern is the wood bench. No matter how many times you seal it, it's subject to splinter and fading. Commissioner Long commented that the metal is too exposed in the heat. Ms. Hylton commented that most often you see concrete. Commissioner Leidner asked Ms. Hylton about the height dimension on the tallest part. Ms. Hylton answered 14' at the highest part. J,t Community Services Commission Minutes AugUSt 14, 2006 Commissioner Gassman asked if there was any information about his past performance or qualifications. Ms. Hylton replied it wasn't provided in the information. Commissioner Weber asked if it showed lighting. Ms. Hylton answered yes, there is lighting shown underneath the roof. Commissioner Sylk commented that it's about six months to complete. Presentation by Bill Ware Mr. Ware has been an artist for 39 years. This idea is using the existing bus stop. He chose bronze to make the sculpture pieces. Commissioner Gassman asked if he also did the horses outside the Embassy Suites. Mr. Ware answered yes. There is a raven on the roof which is two times life size and bronze. The tortoise and the hare will weigh several hundred pounds. Mr. Ware would like to cover the roof with sheets of copper with insulation inside and just let it change so it matches the top of the library. As far as the color, it would be left the same. The tortoise and the hare with books underneath are about five feet tall. The books say "Library copy," on the paper edge. Commissioner Sylk asked if there was a material that when the sun is shining it is one color and when it's not is another color. Mr. Ware stated that it will have a metallic look; the columns will be in auto paint. Everything is either bronze or stainless steel. Commissioner Gassman commented that Mr. Ware had in his original drawing small color glass shapes and prisms and she is concerned about the heat that comes through colored glass. Mr. Ware replied that he didn't think they would really allow any heat. Commissioner Leidner asked what would be used to clean off graffiti. Mr. Ware replied that the bronze gets three coats of lacquer and then on top of that lacquer is two coats of wax. Once a year it has to be waxed. If you have that wax on there once a year, even if vandalized you can clean it off with mineral spirits. Commissioner Leidner asked if the existing bench was being used and Mr. Ware replied yes. Commissioner Weber asked if the structure of the roof would have to be modified to accommodate the lighting inside. Mr. Ware stated that there is a solar panel up there and that he is going to put a low voltage light shining on the raven. 4 '1 Community Services Cornmission Minutes August 14, 2006 Commissioner Weber commented that a lot of hard work, thought, and time has gone into the presentations and the maquettes and the Commission was appreciative of the quality of the work. The evaluations were ranked 1 - 10 (10 being the best) on various categories (past performance and qualifications; familiarity and capability; ability to commence immediately to complete the work; the firm's experience, staffing, stability, and past performance; the work proposal was ranked with the format, the presentation, and the ability to demonstrate no conflict of interest. Rankings received are as follows: 1 . Kay Henkel = 307 2. Bill Ware = 294 3. Twin Graphics = 279 4. Metal Revelations = 276 5. Peter Urbon = 177 Commissioner Leidner suggested that City Council have the opportunity to take the two highest recommendations. Motion - It was moved by Commissioner Sylk to send the top two designs to City Council for their consideration. Seconded by Commissioner Long. Motion carried unanimously. B. Selection of Design for Arch Sculpture Presentation by Harvey Silverman The metal plates all covered with backer board because the tile will pop off of the metal as it expands. The entire back is a little mirror and it faces the tennis courts. Commissioner Leidner asked why there were mirrors on the back. Mr. Silverman stated that he thinks of it as a piece of jewelry and also a little bit like cathedrals. Commissioner Leidner asked what the people playing tennis behind those mirrors are going to see. Mr. Silverman replied that right now there is green netting around the courts. The marbles are there for the glitter. Commissioner Weber questioned the maintenance. Mr. Silverman replied to just use glass cleaner, water is not good. Water has a lot of chemicals in it and it doesn't work with tile. Commissioner Weber commented that one of the concerns was the compliance with the RFP requirements in that the piece adds the mountain portion across and it J iO Community Services Commission Minutes August 14, 2006 -f3- closes in the structure. Ms. Hylton replied that the original intent was to have it become more like a replication of a logo. Commissioner Leidner asked how long Mr. Silverman estimated it would take to complete. Mr. Silverman replied that the proposal calls for a year. Commissioner Weber commented that he was concerned with the amount of time it would take. Presentation by Ric, Susan, and Tim Vigallon Mr. Vigallon explained that he has been doing art shows in the valley for 10 years. He works with stainless steel and aluminum. Everything is hand drawn, hand cut, one of a kind pieces. There is a family of quail's with 2 palm trees on the side (7'). It is stainless steel and colored with heat and dyes. There was a concern that the points could be a problem but they are going to be up and will make them so that they are not so pointy. The city script will go on the first arch and the gem of the desert on the 2"d. Everything is welded together to the actual structure. Commissioner Leidner asked how large the smallest quail was. Mr. Vigallon answered 2'. Commissioner Gassman asked how long Mr. Vigallon had you been doing this. Mr. Vigallon responded that he has been an artist for 12 years. Commissioner Gassman asked if Mr. Vigallon had any conflict of interest with the City of La Quinta. Mr. Vigallon responded no. Mr. Vigallon explained it can be done by January 2007. Commissioner Sylk asked if the lacquer can stand up to 120 degrees. Mr. Vigallon responded that he has been using it for the last 5 years and hasn't had any problems. Commissioner Sylk asked for a little more detail about the "La Quinta Gem of the Desert" lettering. Mr. Vigallon explained that it will be the City font on the La Quinta. Commissioner Sylk asked if there was anything he would do to the existing structure? Mr. Vigallon answered no, that all this is ready to bolt on. Mr. Vigallon was considering repainting it. He would like to repaint it so the ones in front are more visible. Commissioner Gassman commented that the quails would really help even if we kept the colors the way they are, because it would break up the colors. Commissioner Leidner asked Mr. Vigallon if he was awarded the job, did he feel he could be done in January. Mr. Vigallon stated that his shows drop dramatically during the holidays, so it is slow and he could have it done by then. It would be t1 9 Community Services Commission Minutes August 14, 2006 mounted so it's all off the ground and there will not be wet exposure from watering the grass. The marine lacquer used holds up really well. Commissioner Weber commented on the great concepts. He hopes that whoever is not recommended will continue to come back and try again. He loved both concepts, completely different. Rankings received are as follows: 1. Ric Vigallon = 290 2. Harvey Silverman = 236 Motion - It was moved by Commissioner Gassman to recommend that City Council consider Ric, Susan, and Tim Vigallon's concept. Seconded by Commissioner Sylk. Motion carried unanimously. C. Centre Point Park - Playgound color selection and park naming recommendation. Commissioner Weber explained that the Commission was being asked to consider naming as well as selecting playground colors for the park. This is the park over near the new hotel off of Washington Street and Miles Avenue. Motion - It was moved by Commissioner Sylk to choose Green, Option 2. Seconded by Commissioner Leidner. Motion carried unanimously. Park Naming: Mr. Howlett explained that the park naming is up to the Commission's discretion, it has not gone out for public input. Commissioner Gassman stated she liked the form that was developed. If it is going to go out to the community she likes the area where the community is allowed to give an explanation of the park name. Ms. Hylton explained that staff can take it out to the community, ask for suggestions, and bring those suggestions back to the Commission. Most of the 13 parks are currently directional names, with either the name of the subdivision or the name of a nearby street, with the exception of Fritz Burns Park. Mr. Howlett explained that the grading is done; they are just waiting for the final plans. The playground equipment has been established, they are just waiting for the color scheme. Once a color scheme is chosen, playground equipment will ship at the end of September. n Community Services Commission Minutes August 14, 2006 -10- Commission Weber commented on his concern that this is a new area and we don't have residents yet. Ms. Hylton believed that the subdivision itself has been listed as Centre Point. Commissioner Gassman suggested that we should give people an opportunity to choose. If the Commission makes a decision tonight and calls it Centre Point Park, we are taking that away from the other people who live in La Quinta. Motion — It was moved by Commissioner Leidner that the park naming be put out to get recommendations. Seconded by Commissioner Long. Motion carried unanimously. Mr. Howlett asked what media the commission would like to see this in. Ms. Hylton suggested The Gem and the website as a couple of venues. The Commission agreed. Commissioner Leidner dismissed himself at 9:37 p.m. Vill. CORRESPONDENCE AND WRITTEN MATERIALS A. Calendar of Events Commissioner Gassman commented that somewhere in the reading material she noticed that there was a teen dance on August 25, 2006, yet that is not on the August calendar. Mr. Larson explained we are looking into dates in September that will work best with DSUSD. Commissioner Gassman suggested that the written document be updated. Commissioner Weber explained that he attended the Open Air Movie, which was nice, Tustin did a great job and there was a great turnout. Ms. Gassman gave kudos to Vector Control. Commissioner Weber commented that he liked the way we did the orientation. The layout and the logistics seem to be seamless. Mr. Larson explained that we are shooting for October 14, 2006 to do one at the Civic Center Campus. Commissioner Weber suggested to swap them out, compare them, and see if there is a permanent venue that we want to .select. Commissioner Sylk suggested that to increase attendance, we should invite one of the stars that are in the movie to appear. Ms. Hylton explained that we don't have a budget for that. Commissioner Weber suggested partnering with the radio station, which helps drive traffic to these events. Commissioner Sylk asked if on September 7, 2006 the open house is only one hour and if all Commissioners would be present. Commissioner Weber explained that it would be great if all Commissioners' would seriously consider attending a few of these events. Community Services Commission Minutes August 14, 2006 -11- Commissioner Gassman explained that Commissioner Leidner and she are both involved in the 25th Anniversary, which has had one meeting as a group since the last Commission meeting. She went to the Open Air Movie, Shrek. Her husband was in her place at the La Quinta Boys & Girls Club Fitness Center opening and the Padres excursion. Commissioner Sylk explained that he attends all the Chamber events and the Mayor's luncheons, as well as the Mayors Golf tournament and plans on being at the September 7th open house. Commissioner Weber asked about the golf tour awards. Ms. Hylton explained that it is the culmination of the end of the season and they have prizes and awards for the people participating in that league. Commissioner Weber asked if there was any need for the Commission to attend the City Council meetings. Ms. Hylton explained that the Commission is always welcome to attend any of the meetings. If there is something controversial or important, staff would certainly ask the Chairman to attend. B. 25th Anniversary and Logo Update Commissioner Weber explained that Andrea talked about the 25t' Anniversary events and the logo update. The committee is continuing to meet. C. Community Services Grants Commissioner Weber explained that it is nice to see that we are continuing to move forward on these. D. Online Registration Commissioner Weber explained that there is an example of what the online registration is going to look like and continue to move forward. Commissioner Gassman asked it was up and running. Mr. Larson stated September 5, 2006 is when it will be operating. Commissioner Weber explained that he thinks it is going to be a model for some of the other areas within the City, because of the credit card. E. Fall 2006 Open House Ms. Calderon explained that the concept came up last year to give a one on one with the community. People get a chance to come in, see instructors, see what's available, be able to ask their questions of staff, and view the Senior Center facility, where a majority of our classes are held. This is our 2"d year; the idea is to do it every season, Fall and Winter -Spring, which are the two biggest seasons. Community Services Commission Minutes Auclust 14, 2006 -12- Commissioner Weber commented on the community calendar. This is a really good comprehensive calendar; it shows not only our activities, but those of the Chamber, the Historical Society, and the Arts Foundation, its going to be a nice addition. Ms. Hylton explained that it will also be on the City's calendar. VIII. COMMISSIONER ITEMS Commissioner Sylk suggested the Commission take an afternoon and have a field trip to the parks. Commissioner Sylk suggested we put together an art tour where people can meet or go on their own to each of the art pieces. Commissioner Gassman explained that if they could wait for the 25'h Anniversary contest, there will be an opportunity. Commissioner Long asked when the decomposed granite is going to go in at SilverRock. Mr. Howlett explained that we are working with a contractor right now. Commissioner Long asked if we think we might get the Hope Classic. Ms. Hylton explained that it finishes out the work that needed to be done to have met the PGA and Hope requirements. XI. ADJOURNMENT It was moved by Commissioner Gassman and Commissioner Sylk to adjourn the Community Services commission meeting at 10:05 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: Monday, September 11, 2006 @ 7:00 p.m. La Quinta Civic Center — Lobby Submitted by: Angela uereque, Community vices Secretary REPORT/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 8, 2006 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Quill who asked Planning Manager Les Johnson to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Jim Engle and Chairman Paul Quill. C. Staff present: Planning Manager Les Johnson, Assistant City Attorney Michael Houston, Development Services Principal Engineer Ed Wimmer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of the July 25, 2006 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: None. A. Right -of -Way Closure 2005-013; a request of Borrego Resort Holdings, LLC for consideration of a finding that the proposed right-of-way vacation is consistent with the General Plan for the property located on a portion of Calle Tampico near Avenida Villa. 1. Chairman Quill opened the public hearing and asked for the staff report. Development Resources Principal Engineer Ed Wimmer presented the information contained in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\2006\8-8-06.doc Planning Commission Minutes August 8, 2006 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked the purpose of vacating the parcel. Staff explained this site came up upon the process of development of an adjacent property owner. 3. Commissioner Daniels asked if the property goes back to the fee title holder. Assistant City Attorney Michael Houston clarified that State law provides that when a street is vacated the fee title holder receives the property back without the easement and it is assessed accordingly. 4. Chairman Quill asked for verification that the title shows this land is not an in fee to the City. Some street right-of-ways are in fee and some are not. Staff stated it has been checked and determined that it is an easement, but staff can check further. Chairman Quill stated that if the City owns it in -fee by virtue of its assignment by the County when the City incorporated, the City could sell it. Chairman Quill asked staff to verify before the project goes to the City Council. 5. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Phillip Bonavek, Knitter and Associates, stated there only purpose in obtaining the land is to landscape the strip. 6. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. Commissioner 7. It was moved and seconded by Commissioners Barrows/Engle to adopt Planning Commission Resolution 2006-028, recommending approval of Right -of -Way Closure 2005-013, as recommended. a. The ownership of the land will be confirmed before the project is heard before the City Council. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. :. 355 Planning Commission Minutes August 8, 2006 B. Site Development Permit 2006-862; a request of Highland La Quinta, LLC for consideration of architectural and landscaping plans for three commercial buildings in Phase 2 of the Dunes Business Park located on the north side of Highway 11, between Jefferson Street and Dune Palms Road. 1. Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Engle asked that a sign program be provided. His concern is that the landscaping not block the signs. Also, there is area for flush -mounted signs on the access points. 3. Commissioner Daniels asked if there was a driveway on the side of the building that is visible from Jack in the Box; what is on the east elevation that faces the east elevation. Staff explained it is the drive- thru lane which has a wall and landscaping. In general most of the proposed building will be hidden by the wall and landscaping on the Jack in the Box property. 4. Commissioner Engle asked if the architecture is similar to the other - parts of the center. Staff stated it is very similar to Phase I. 5. Commissioner Barrows asked where the staff was asking for more architectural interest. Staff indicated the area on the architectural plans. 6. Commissioner Daniels asked if any landscaping was considered for the trellis area on the south elevations. Staff stated there are pockets for vines to grow on the building. Commissioner Daniels asked if the plan that was before them shows the berm as it will exist. Staff stated it does not show it at four feet, but the berm will soften the view. 7. Commissioner Alderson asked if the wall on the berm was four or five feet. Staff stated the berm is four feet and the drive-thru lane is lowered one foot below the base of the berm making the berm five feet adjacent to the store. Commissioner Alderson stated the plans do not show any engineering plans, but the finish floor appears to be Planning Commission Minutes August 8, 2006 appears to be lower than the adjoining project when you are driving down the street. If the street is as high as it appears on the plans, this building will be set very low. This leads him to believe there are some grade discrepancies. In addition, there are 30-foot high domes on the architectural projections which seem to exceed the City's height limit. Staff stated that is corrected and allowed. He questioned why they have access doors exiting onto the drive-thru lanes. Staff stated it was their understanding they are emergency accesses and are required by the Building Code. 8. Chairman Quill stated he too did not believe there was enough information provided in regard to the berming. There is not enough detailed engineering in the grading plan to get a sense of the curb elevation on Highway 111 in relation to the building pad elevation, berm and wall. 9. Chairman Quill asked if the applicant would like to address the Commission. Mr. Mark Giles, KKE Architects, stated he was available to answer questions. In regard to the grade elevations, it is their understanding they are nine inches below Highway 1 1 1 . The finish floor will be consistent with Highway 111 for drainage purposes. What he is not certain of is whether or not it is top of curb, because the City has to drop all the drainage of the site north to the channel. 10. Commissioner Daniels asked if landscaping could be added to the south elevation of the larger retail buildings. Mr. Giles stated there is a trellis with landscaping and tree massing with the signs in the middle. Vine pockets could be added, but they believe with what is proposed there will be a fair amount of landscaping in this area. They are willing to add the vines. 1 1 . Commissioner Barrows stated she does not see tree massing on the plans and asked if this was on the berm. Mr. Giles stated yes, the berm on the opposite site of the drive-thru. Commissioner Barrows stated she too was concerned with the berms that they would not be of sufficient height. Mr. Giles indicated on the renderings showing the cut through the building to show the height ratios. 12. Commissioner Alderson stated he too is concerned there is not enough screening along Highway 1 1 1. Mr. Giles stated that with the r- Planning Commission Minutes August 8, 2006 the landscaping and grade differential, you will not be looking down at the cars. It all depends on the final drainage plans. 13. Commissioner Daniels asked the location of the trash receptacles. Mr. Giles noted their location on the site plan. 14. Commissioner Alderson asked if they had tenants. Mr. Giles stated they have one potential bank and one restaurant and they have not determined which tenant will be in which building. 15. Chairman Quill stated he is not comfortable with the renderings showing the grade adequately in relation to the berm. He does not want to see cars or headlights in the drive-thru as you drive along Highway 1 1 1 . He is also concerned with the elevations that face the residents to the north. Mr. Giles stated Phase I, which is not a part of this project, faces the residents to the north. 16. Commissioner Barrows asked if there were any shading details on the west elevation. Mr. Giles stated that Building 3 has a nine foot arcade and additional detail for shading. Most of the buildings face north. 17. Chairman Quill asked how the 48-inch wall functions. Mr. Giles clarified they were asked by the Architecture and Landscape Review Committee to fan out the berm for better integration between their landscaping and the 50-foot setback. Therefore, on the landscape plan they feathered into the 50-foot setback for the berm to make it larger. By doing this they could build a four foot berm and not need the wall. Discussion followed regarding the location of the wall. Planning Manager Les Johnson clarified how staff had worked with the applicant to see the landscape plans would meet the Commission's concerns in regard to the berm height. Chairman Quill stated he wants to see plans that show contour lines so they could see the height of the berm in relation to the street and the drive-thru lane. Staff stated the ALRC will be reviewing the final landscaping plans. Staff is very aware of the Commission's concerns regarding screening of the drive-thru and believe the conditions will satisfy the Commission's concerns. Discussion continued regarding the screening of the drive-thru. Mr. Giles stated his concern with Condition No. 41 as they do not believe they are responsible for any street improvements along Highway 111. Principal Engineer Ed Wimmer stated this is a standard condition. Mr. Giles stated this was a Planning Commission Minutes August 8, 2006 standard condition. Mr. Giles stated this was a condition of the developer of Phase I for him to construct the street improvements. This applicant is purchasing the land on the basis that the Phase I developer is dong this work. Staff stated they believe the improvements in Condition No. 41 have been bonded for by the master developer. Mr. Giles stated he has objections to a condition that does not allow them to receive a Certificate of Occupancy unless the improvements are completed. Assistant City Attorney Michael Houston stated these conditions were originally placed on the master plan itself. The current applicant, as a beneficiary of that plan would be receiving that property subject to the burden imposed by those conditions. While there may be bonding that has occurred, it would be within the purview of the Commission to impose this condition as well. If there is some other bonding by the master developer it will satisfy the condition. If the Commission wishes to retain this condition, the applicant can appeal the condition to the City Council. 18. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 19. Commissioner Alderson asked that the landscaping plan for the berm and east elevation be brought back to the Commission. 20. It was moved and seconded by Commissioners Barrows/Daniels to adopt Planning Commission Resolution 2006-029, approving Site Development Permit 2006-862, as recommended by staff and amended: a. Condition added: Additional landscaping shall be added to the trellis on the south, east, and west elevations for Retail Building 1 and 2. b. Condition Added: The final landscaping and berming plan for Highway 1 1 1 shall be approved by the Planning Commission. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None. Planning Commission Minutes August 8, 2006 VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Alderson asked if the Commission would be involved in any of the design criteria for the SilverRock Resort. At the Council meeting of July 18, 2006, Council Member Henderson stated the need for the design criteria needed to be added to the Specific Plan. Is there a trend to establish an architectural format for SilverRock. Planning Manager Les Johnson stated the Redevelopment Agency has been working on some design criteria, but nothing has been finalized. It was his understand that a Council Member has asked about the architectural details and why they were not added to the Specific Plan. Commissioner Alderson asked if the Commission would be seeing the design criteria as a normal process. Planning Manager Les Johnson stated a site development permit would be processed through the normal process and would come before the Commission and Council. B. Staff reminded the Commissioners there would be no Council meeting on August 15 and no Commission meeting on August 22, 2006. C. Assistant City Attorney Michael Houston stated there will be a memo being distributed to the Commission regarding an ethics training that will be scheduled for the Commission before the end of the year. There is a self test available or "in-house" training could be provided. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on September 12, 2006. This meeting of the Planning Commission was adjourned at 8:09 p.m. on August 8, 2006. Respectfully submitted, Be awyer, Executive Secretary City of La Quinta, California REPORT/INFORMATIONAL ITEM: 51-0 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 2, 2006 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:07 a.m. by Planning Manager Les Johnson. B. Committee Members present: Bill Bobbitt and Tracy Smith. It was moved and seconded by Committee Members Bobbitt/Smith to excuse Committee Member Frank Christopher. Unanimously approved C. Staff present: Planning Manager Les Johnson, Associate Planner Andrew Mogensen and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. It was moved and seconded by Committee Members Bobbitt/Smith to approve the Minutes of July 5, 2006 as submitted. Unanimously approved. B. It was moved and seconded by Committee Members Bobbitt/Smith to approve the Minutes of July 12, 2006, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2006-866; a request of Trans West Housing, Inc., for consideration of architectural and landscaping plans for The Griffin Ranch Saddle Club for the property located on the west side of Monroe Street, south of Avenue 54. 1. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. r.-%%A/Pnnrc\ai aria_,)_na nnr Architecture and Landscaping Review Committee August 2, 2006 2. Committee Member Smith asked what the surrounding land uses were. Staff stated to the south is single-family residential with 14 lots and north and west is the Griffin Ranch project. Committee Member Smith asked the location of the entrances to the project. Staff noted the two entrances from Monroe Street and from the interior of the Griffin Project. Ms. Marty Butler, Project Manager, noted the location of the existing equestrian uses where there are currently 80-100 horses on site. Staff noted the subject property is in an Equestrian Overlay area. Mr. Jerry Herman, Trans West Housing, stated this was a pre-existing equestrian facility and gave a description of the previous use. He further stated they believe the use maintains the Code definition of the use. Their issue is with Condition No. 2; to reverse the barn or close the south end to the residents to the south would be difficult. 3. Committee Member Bobbitt asked staff's reasoning for requiring the reversal. Staff stated that if the horse stalls were not open to the south it would reduce any odors, noise or other issues. Committee Member Bobbitt stated his issue is that the barn appears to be cheap because it is a metal building. He has no problem with the use as it is a continued use. A second issue is the recycled product that has been used on the multi -purpose trails. More particularly the installation has been a problem; it needs to be done better to keep it confined to the trails. The installation of the edging material is 18" or longer with stakes to make it hold up. 4. Committee Member Bobbitt asked why staff was asking for the separation between the pedestrian area and horse trail. Staff stated it was to have a greater distance between the two uses with landscaping separating them. 5. Committee Member Bobbitt questioned the landscape buffer in the CVWD easement. Staff stated it would depend on CVWD. Mr. Herman stated they would like to recommend a living fence and merge Condition Nos. 4 & 7 to reach a better solution. 6. There being no further questions, it was moved and seconded by Committee Members Smith/Bobbitt to adopt Minute Motion 2006-025 recommending approval of Site Development Permit 2006-866, as recommended and amended: v6r) r.•XIA/Pnnrc\ai Pr\A_9_na nnr 2 Architecture and Landscaping Review Committee August 2, 2006 1. The edging material used for the edging of the multi- purpose trail shall be "trek" or similar flex -resistant edging material and shall be staked and the stakes shall be 18" or longer with stakes to make it hold and inspected. 2. Delete Condition No. 2. 3. Conditions Nos. 4 and 7 to be worked out with staff at the conclusion of CVWD decision. Unanimously approved. B. Village Use Permit 2006-034; a request of Lench Design Studio, Inc., for consideration of architectural and conceptual landscaping plans for eight single-family detached townhouses for the property located on the northwest side of Avenida Montezuma across the street and north of Francis Hack Park, in The Village. 1 . Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Committee Smith asked how the lots got to be 40-feet in width. Staff stated the lots are pre-existing. Committee Smith stated that due to the lot sizes and constraints the project gives the appearance of not meeting the Village Guidelines. What if they merged all the lots? Staff stated it has been recommended, but the applicant has chosen not to merge the lots. Mr. Skip Lench, applicant, stated the purpose of the individual lots has legal implications. They do have a lot of movement in and out along the street as well as curving the street slightly. This project is downtown and what they are trying to do is bring residential into the downtown area. The wall is to protect the homeowners from the activity on the street and across the street. They could alternate the walls by raising and lowering the wall in different areas and still protect the yards. 3. Committee Smith noted a nine foot wall is just too high and some of the units may just be too large. Planning Manager Les Johnson stated the large houses on small lots are aesthetically a concern to not become a large mass. Discussion followed regarding the lack of townhouses in the City. Ms. Patrice Varge, owner of the project, explained her reasoning for 3G3 r-\\nivnnrc\ni Rr\R_')_nr nnr 3 Architecture and Landscaping Review Committee August 2, 2006 wanting to have the townhouses. She compared this project to the massing of the commercial buildings that are being approved. Ms. Varge went on to articulate the design of the homes. 4. Committee Bobbitt stated he believes it is too massive and overbuilt. He likes the concept but, the roof lines appear to be one long line. The side elevations could have some kind of architectural detail. He has no objection to the front yard wall for the courtyard. Mr. Lench stated you could not financially do a one story. They could pull back some of the second story elements to give differential to the look. Committee Member Bobbitt suggested the second story have movement as far as pushing it back on certain units. Also, the roof line with all tile also needs some work. 5. Committee Member Bobbitt suggested the mass be broken up with more in and out movement of the wall to break up the blank side walls. Mr. Lench noted on the wall where it was already depressed. 6. Committee Member Smith stated that if a portion of the second story on some of the units were removed it may help the massive look. Staff noted the stackstone is used extensively and a substitute stone should be considered. Mr. Lench asked for clarification on the sidewalls. 7. There being no further questions, it was moved and seconded by Committee Members Bobbitt/Smith to adopt Minute Motion 2006-026 recommending approval of Village Use Permit 2006- 034, as recommended with the following changes: 1. The applicant shall work with staff on the recommendations made by the Committee to reach a solution to the issues raised. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: VII. COMMITTEE MEMBER ITEMS u� J04 r.-M/Pnnrc\ei Pr\Q_,)_na nnr 4 Architecture and Landscaping Review Committee August 2, 2006 VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Smith to adjourn this Regular Meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on September 6, 2006. This meeting was adjourned at 1 1 :56 a.m. on August 1, 2006. Respectfully submitted, B Y AWYER Exec ti Secretary r-\IA/Pnnrc\ni Rr\R_,)_na nnr 5 Department Report: ) — A U _ 5 tic - _ OF T TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager v DATE: September 5, 2006 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the September 5, 2006, City Council meeting: 1. Joe Broido, 77-510 Calle Nogales, La Quinta, questioned why Consent Item No. 20 (Approval of an Agreement to Share Transient Occupancy Tax Revenue with Villae Resort, LLC, a Subsidiary of Chicago Title for the Embassy Suites Hotel Located at 50-777 Santa Rosa Plaza) was placed on the Consent Calendar. Mr. Broido requested it be moved to the Business Session portion of the meeting. He also asked the item be continued for two weeks to give the public more opportunity to review the staff report. 2. Scott Arthur, 43-845 Milan Court, La Quinta, commented on the "No Left Turn" sign on Palm Royale being removed and replaced with a temporary sign indicating "All Traffic Must Turn Right. The turn restriction at Fred Waring Drive has caused traffic to cut through his neighborhood in order to turn east. He felt left turns should be allowed at Fred Waring until the new traffic signal is installed. The traffic signal was scheduled to have been operational before school opened in September. Mr. Arthur also voiced concerns regarding safety for this traffic flow pattern. Public Works Director Jonasson stated he was not aware of the left turn restriction and possibly the sign was placed by the school. The traffic signal was not funded. DIF fees will cover 50% of the cost and the remainder of the fees will be the responsibility of future developments adjacent to Fred Waring. Mr. Jonasson also responded to Mayor Adolph stated he would like the opportunity to observe traffic at the intersection during the school session proceeds. This would enable him to determine if a traffic signal is warranted sooner than anticipated. DEPARTMENT REPORT: 3 - A CITY COUNCIUS m UPCOMING EVENTS SEPTEMBER 22 OCTOBER 2 OCTOBER 3 OCTOBER 17 OCTOBER 24 NOVEMBER 1 NOVEMBER 7 NOVEMBER 21 DECEMBER 5 DECEMBER 7 ALL CHAMBER LEGISLATIVE LUNCHEON WESTIN MISSION HILLS RESORT 11:30 A.M. ETHICS TRAINING IN COUNCIL CHAMBERS 6:30 - 8:30 P.M. CITY COUNCIL MEETING CITY COUNCIL MEETING SPECIAL JOINT CITY COUNCIL/COMMITTEE/ BOARD MEETING POLICE/FIREFIGHTER VOLUNTEER DINNER CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING HOLIDAY OPEN HOUSE 11:30 TO 1:30 PM LA QUINTA CITY COUNCIL MONTHLY CALENDAR September 2006 . . . . . . . . . . . . . . . . . . . ........... .......... MIN 2 MM: 9:00 AM 4:00 PM SJSR August October T F ..Illy IIIIIIII S NO. Mnmt-Henderson S M T W T F S 4 5 S M T W 1 2 3 4 5 6 7 1 2 3 8 9 10 11 12 8 9 10 11 12 13 14 6 7 13 14 15 16 7 8 9 15 16 7 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 MOM= Eli tit, 3 4 5 6 7 8 19 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch League Riverside Division Meeting Breakfast -Henderson Labor Day (CITY HALL CLOSED) Lea ue of California Cities Annual Conference - San Die 10 11 12 13 14 15 16 9:00 AM Chamber 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus- 9:00 AM CVA-Henderson Workshop -Henderson Commission Henderson Henderson 10:00 AM Pub. Sfty-Kirk 5:30 PM Investment 11:00 AM CVCC-Sniff 12:00 PM Transp-Kirk Advisory Board 12:00 PM Energyl 3:00 PM Mtns. Con -Sniff Environ.-Sniff 6:00 PM League - Henderson 7:00 PM Community Services Commission 17 18 19 20 21 22 23 3:30 PM City Council 3:00 PM Historic Preser- Meeting vation Commission 24 25 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 6:00 PM Exec Cmte.- 12:00 PM Sunline-Adolph Adolph 4:00 PIA J.Cochran Reg. Airp-Osborne Printed by Calendar Creator Plus on 9/13/2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR October 2006 Sunday Monday Tuesday 11ednesday THursday 3 4 5 2 6 7 6:30 PM - 8:30 PM 3:30 PM City Council 10:00 AM ALRC Ethics Training - Meeting Council Chambers 8 9 10 11 12 13 14 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus- 12:00 PM Transp-Kirk Commission Henderson Henderson 6:00 PM League- 5:30 PM Investment 11:00 AM CVCC-Sniff Henderson Advisory Board 12:00 PM Energy/ 7:00 PM Community Environ.•Sniff Services Commission 15 16 17 18 19 20 21 3:30 PM City Council 3:00 PM Historic Preser- 9:00 AM CVA-Henderson Meeting vation Commission 22 23 24 25 26 27 28 10:30 AM RCTC Budget - 5:00 PM Special Joint 12:00 PM HumanlComm- 9:00 AM LAFCO- Henderson City Council/ Osborne Henderson Commission Meeting 12:00 PM Sunline-Adolph 7:00 PM Planning Commission 3 : :i:?l.liz:li:l,i: ;.IN; i..mli ..� i IleIl :..r .:, :. Daylight 6:00 PM Exec Cmte.- Adolph :. September Nov.ei.�;.bl;Ii Savings SMT W TFS F.r; SM T W T S Time Ends i 2 t 2 3 4 ;1;61? is l ?I 4 5 6 7 8 9 !..! !II: !iii 5 nfl7 8 9 10 tt Al r'ri![I ! �E.......... 10 11 12 13 14 15 16 !!r'r'?`!�F::!A,4u! 22 23 I.:I!uE{!p;;'. 12 13 14 15 16 17 18 ir'!!;; 19 20 21 22 23 24 25 17 18 19 20 21 3U24 25 26 27 !i;lilililrll'"! i! 28II 27 8:29 :. .{IEIfIi,H •;l[lIjf:.i'l.:�l:�,.,;'.i".:�:i*:l:s.i:,..,ij.s:: LIi!:sI;`i! . i�2iy. i9 ' I II ;iil:i°:i:::r I.!li2:i30 1il::::plI I!.2;..f.6.: I ..II i � il:;[;:FU:,,, I� i��ii�: r'•, i I. ;. , ;.. ;:::ai, f:l ll lli.!:r:::::i: i�:• :l.l.. i!:l�ill i..........: Creator Plus on 9/14/2006 ! i. ...I . ,.;.. I ,A', .i �!:. I is Printed by Calendar LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2006 Sunday Monday Tuesday Wednesday Thursday Friday Saturday il 51011H. 4 H i 10:00 AM ALFIC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR October NtI. .Henderson 6:30 PM Police/ S M T W T F S Firefighters Volunteer _1 2 3-4 5 6 7 IM Dinner 7 a AM 4. 00 PM Sj SR Ntl . M nmt.Henderson N!T it i 111 li Rq! 1 8 9 10 11 12 13 14 Hill ii H 15 16 17 18 19 20 21 jim ON 22 23 24 25 26 27 28 i i Ell HE Wirf 29 30 31 Mill H g. 1! 5 6 7 8 9 10 11 3:30 PM City Council 9:00 AM FICTC- 9:30 AM Animal Campus- Veterans Day Holiday - Meeting Henderson Henderson CITY HALL CLOSED IL 5:30 PM Investment 11:00 AM CVCC-Sniff Advisory Board 12:00 PM Energy) Veterans Day Observed Environ.-Sniff Election Day 12 13 14 15 16 17 18 9:00 AM City/Chamber 7:00 PM Planning 3:00 PM Historic Preser- 9:00 AM CVA-Henderson Info. Exchange Meeting Commission vation Commission 10:00 AM Pub. Sfty-Kirk 12:00 PM Transp-Kirk 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Community Services Commission 19 20 21 22 23 24 25 3:30 PM City Council 12:00 PM Human/Comm- Meeting Osborne 12:00 PM Sunline-Adolph 4:00 PM J.Cochran Reg- Thanksgiving Day (City Thanksgiving Holiday Airp-Osborne Hall CLOSED) (City Hall CLOSED) Eli! 26 27 28 29 30 Eli MIME 10:30 AM FICTC Budget - 7:00 PM Planning December Henderson Commission R S M T W T F S 1 I!l 6:00 PM Exec Cmte, 1 2 li - i Adolph 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1li!!Iiil!illl lilt! 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 ::,iu:,:i;,I,i..l ii:::.:..,;! .. ;".!tIi rii:is:::ir:,; i�'ei7di (ll I i.,:'r:!I!i!t'I!! .......... ........ Printed by Calendar Creator Plus on 9/14/2006 DEPARTMENT REPORT: T414il 4 4aumrw TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety / 9, DATE: September 19, 2006 RE: Monthly Department Report — August 2006 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of August. Also included are Monthly Executive Status Reports for Vista Dunes Courtyard Homes and City Hall Expansion. The reports depict the following highlights: • Year to date building permit valuation is $217,277,989 which represents an issuance of 3,125 building permits through August; • 1,825 animal control cases have been handled through August; • 1,779 code compliance cases have been initiated through August; • $1,060.00 - garage sale permit income in August l J Y N 0�0 N It M O ed O M oP� 01 oo "6 110 M O oo Q1 kn O �t [- O kr kr n l- vl r- cn M \0 "� M •--� + --M M M N M N --� N O M M O N M Q1 00 �O � y l� •--� �O l� CO O --� � y Li 00 00 O "O M -- kn �O ^ N M N O� N H C 01 00 M r+ O O l� •- �t N DD M \O M Wn M 00 O " M d M 01 O N NO�� d''��T MM�NNilnnMM i C14 n kn O N kn OO N 17 00 C O', "Zt 00 N C1 � a1kn 00 Wn Oo N (= 17 M O M kn •- O� kn M [- cV l- kn N �G M O 00 00 O� N 00 a 0-0 O oM0 O oV') 0 00 O 12 O C� in [ o O� Ol\ oo o N l� N w A 00 O ct tt oD N � � N a'"') J7� W kD m wow >+\w E H >I M E z\ O co F4 H H >1 uaww H IM C11 F:C la E vl N a wWaLa > ra[tiz LYl O O H \ Q cocowa U E H H H .D E Q z W cn0a H H W I Eaa �W H E a Q z cn w w w co z ExcnE H E co a H A,' as a WOaw ww0Q w 1 riON000mLnOmOOmml0 O00 H1OH00 �O 1 1 O L. 1I. . . . . . . rl r-i to m VI r O 10 r � LD O O O 1 (A I Nri Ln MO Ln ONr mHC; mOW OO Cl i W I 00 LnN MAD rf-I NN 00M H ON w r OO, m W 1 Ln Ln CO APO O M M v ko O Ln Ln Ln M en 14 H .-d1 O 1 Cra I w 1 N H M H m O� ID H • CV N 1 1 H M m y N N I I W E 1 >+rC 1 rN �r000000�OHooLnLnHNln0000 OD '.Di kDrko Orl MMOON V MNWON O w .7a I NM kD mM dl dl Mm rI r OHMHO Ln N I M 00 Ln W M r m O w Ln %D O H CO O r O O %D r Ln N w M VI N r1 m H N 00 w N W H m W I rri N H H M dl r w N %D a I H r-I o 00 M A W I H N o a I a I w I aCl) 1 E 1 Mr d1 C 0 o m Ln o M H H W co V rW o 0o NHN m w H I V dr Ln rI H H M H w H N M Ln N 1 r-I rn M %D r a1 H Ln w 1 a I 1 1 1 1 1 Cn I N r N O o 0 m Ln o H H H N m r-I r 0 to m ON H N 00 1 0 1 H VI Ln H H r-i m H r N H O 1 a I H i Ln I a t � 1 1 1 1 1 1 aA o r- Ln Ln o Ln o co mmr-kDomoLOLn0000 Ln Ln 1 Ln o m o m o v o M M o r m m O o m M o M o o N WI . . . . . . . . . . . . . . . . . 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C4 0 0 w w m P H I a xxa oucnx 0 E. zwz a u0z zWWUUEao as EQ0HH a a0U0aW0aWw4 1UWNZ4NH011,E FC 4muuuQW0x0aa9aP aP4wmwwwp O IL w oC a cn J 0 H Z 4 C� J Q Z a n"5 4 .0 r mI�I I I7�I�I Ir l�l ILI U')I I1� ILO I�III� a)i 0 „„ 1)` W a)aa)W t W i� i CD C Z N (C a (SS Rf W cu U) E �`) E U) E U) E � a)> U U U U c m 0 Q icm m CUCL c a N ®.R.®.®.N N Ln CO ' 't C7 O r oo O T T F r O) r I� r T 0 N r CO r LA N f� O Cl) T T N T T r T O r v r Cal r r r N r C'7 r CO L N O T *— U) It 4 00 r T #- " rr 5 o I U • No negative community related problems / issues reported. • Dust control in place. • City Council has approved Davis -Reed Bid. • Pre construction meeting with design team and Davis Reed occurred on 8-8-06. • Water and sewer plans have gone through changes to satisfy CVWD and Riverside County Fire Department. Loop system required by CVWD. CVWD approved plans not available yet. • Approval on electrical site plans from IID not available yet. • Discuss a change in location of site office trailer with church director. • Resolved documentation errors with City, Architect and Engineers. • Latest plan set revision released by architect at end of month. Schedule Performance Project to Date • Not applicable —will begin tracking when construction starts. Budget Performance Project to Date • Total Awarded Contract Amount: $21,400,000 • Change Orders (0): 0 • Current cost commitments (original bid + change orders): 0 • Contingency usage to date: 0 • Contingency budget remaining: 2,500,000 • Total budget plus contingency 23,900,000 • Current commitments as % of Total Current Budget 23,900,000 0% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • No on -site accidents to date. upcoming�month Priorities/Key Activities (September 2006) • Approvals from CVWD on water / sewer plans by September 18th. • Approval from IID on electrical site plans by September 18th. • Approval and permits from City Building Department by September 18th. • Approval and permits from City Public Works Department by September 18th. • Notice to Proceed from City of La Quinta 9/20/06. • Expect to start grading by mid month. • Dust control prevention now the responsibility of the contractor. • Water wells will be capped by October 1 st. • Continue to value engineer the building construction components. • Execute Change Order # 1. Deductive change order to delete the wrap insurance requirement. • All day project team Partnering Session scheduled for September 28th 0-, 04 J ( 1 6 ��,'-"'(ONSTRKTION, I. l ra Beve6y Hills San Cl meme, La Qumta 3 Vegas Monthly Executive Status Report City of La Quinta City Hall Expansion Presented To The City of La Quinta: September 7, 2006 For the Month of September, 2006 Schedule Performance Project to Date • Master schedule to be completed and submitted under separate cover • Design tracking in progress • Scheduled design completion June 16-•2006 Budget Performance Project to Date • Original Estimate: $12,500,000 • Plus Contingency (10%) 1,250,000 • Total Original Budget: (original plus contingency) 13,750,000 • Change Orders (0): - 0 • Current cost commitments (original bid + change orders): 0 • Contingency usage to date: 0 • Contingency budget remaining: 1,250,000 • Current commitments as % of Total Budget (original $10,450,000/current $13,750,000) 0% Safety Performance Project To Date • No Lost Time or Claims due to injuries or safety violations. • No on -site accidents to date. upcoming Month Priorities/Key Activities (September 2006) • Bid due date set for 9/12/06 at 10:00 AM. • Architectural/Civil plans to be reviewed for code and ADA compliance by City of La Quinta Building and Safety Department. • Coordinate communications requirements for the emergency agencies. • Administer total RFIs to date from General Contractors. • Addendum #4 issued September 5, 2006. • PAI will return corrected plan set to Building an Safety Department September 21, 2006. Department Report: IT OF T TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community Qevelopment Director DATE: September 19, 2006 I�f— SUBJECT: Department Report for the Month of August 2006 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of August. 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LU U- LU 00 LU M DEPARTMENT REPORT: LOL LZ To: Honorable Mayor and Members of the City Council From: Edie Hylton, Community Services Director Date: September 19, 2006 Subject: Community Services Department Report For August 2006 Upcoming Events of the Community Services Department for October 2006: Oct 2 *Ageless Action Aerobics (Exercise Class) Oct 2 *Hooked on Loops Oct 2 Jazzercise, La Quinta Library Multipurpose Room Oct 2 Tae Kwon Do, La Quinta High School Oct 3 CPR & First Aid, Senior Center Oct 3 *Microsoft Word (4 classes) Oct 3 *Photo Editing 1 Oct 3 *Intermediate Tap Dance Oct 3 *Introduction to the Internet Oct 4 Watercolor Painting, Senior Center Oct 4 Painting, Collage and Printmaking, Senior Center Oct 5 *Photo Editing 2 Oct 5 *Introduction to the Computer Oct 6 *Mat Pilates Oct 6 *Harvest Ball (Evening Dance) Oct 10 *Introduction to E-Mail (AOL & Outlook Express) Oct 10 *Basic Dog Training Oct 10 *Learn to Knit Oct 10 *Photo Editing 3 Oct 10 Adobe Photoshop - Advanced Course, Senior Center Oct 11 Adobe Photoshop - Professional Version, Senior Center Oct 12 Adobe Photoshop - Introductory Course, Senior Center Oct 12 *Introduction to Word Processing Oct 12 *Social Ballroom Dance & American Latin Oct 12 *Mature Driver Training Oct 12 *Photo Editing 4 Oct 13 Friday Night Dance - For Teens, Boys & Girls Club Oct 13 *Oil & Acrylic Painting - Intermediate/Advanced 87 Oct 14 *Tai Chi Chuan — Traditional Oct 14 Open Air Cinema, Civic Center Campus Oct 16 *The Self -Publishing Experience Oct 17 Feldenkrais Awareness Through Movement, Senior Center Oct 17 *E-Mail Level 2 (AOL & Outlook Express) Oct 17 *Files & Folders Oct 17 *Arthritis Tai Chi Oct 17 *Digital Photography Oct 17 Italian for Everyone, Senior Center Oct 18 *Beginning & Continuing Italian Oct 19 *Word Processing (Level 2) Oct 19 *Oktoberfest Luncheon Oct 19 *Mosaic Tile Art Oct 19 *Whole Self Defense Oct 19 *Scanning Oct 19 *List & Labels Oct 20 *Latin Dance Oct 21 3-on-3 Basketball Tournament, Boys & Girls Club Oct 23 Dance, Play & Pretend, Senior Center Oct 23 Ballroom Dancing, Senior Center Oct 24 *Introduction to the Internet Oct 24 *CPR & First Aid Oct 24 *Photo Editing 1 Oct 24 *Printshop Publishing 1 Oct 25 Kickboxing Boot Camp, Senior Center Oct 25 *Intermediate Bridge 1: Diamond Extension Oct 25 *Intermediate Bridge 2: Heart Extension' Oct 26 Beginning Ballet, La Quinta High School Oct 26 Dance, Play & Pretend, La Quinta High School Oct 26 *Simple Spreadsheets Oct 26 *Photo Editing 2 Oct 26 *Health Fair Oct 26 *Printshop Publishing 2 Oct 27 Halloween Carnival, Boys & Girls Club Oct 28 Dog-O-Ween Costume Contest, Fritz Burns Park Oct 30 Intermediate Computers, Senior Center Oct 31 *Beginning & Intermediate Watercolor Lessons Oct 31 *Beginning Mah Jongg Oct 31 *Introduction to E-Mail (AOL & Outlook Express) Oct 31 *Photo Editing 3 Oct 31 Intermediate Guitar, Senior Center *Daytime Senior Center class or activity Monthly Revenue Report for August 2006 Mnnthly Revenue - Facility Rentals 2006 2005 Variance Library $ 4,535.00 $ - $ 4,535.00 Senior Center $ 1,760.00 $ 900.00 $ 860.00 Parks $ 520.00 $ - $ 520.00 Sports Fields $ 135.00 $ - $ 135.00 Monthly Facility Revenue $ 6,950.00 $ 900.00 $ 6,050.00 Year to Date Facility Revenue $ 14,837.50 1 $ 3,058.00 1 $ 11,779.50 Mnnthly Revenue ...------- ! ---------- Senior Center " $ 883.00 $ 2,069.00 $ (1,186.00) Community Services $ 191.00 $ 208.00 $ (17.00) La Quinta Resident Cards $ 2,445.00 $ 1,800.00 $ 645.00 Fitness Cards $ 760.00 $ - $ 760.00 Total Revenue $ 4,279.00 $ 4,077.00 $ 202.00 Revenue Year to Date Senior Center $ 3,379.00 $ 6,233.00 $ (2,854.00) Community Services $ 2,353.00 $ 2,668.00 $ (315.00) La Quinta Resident Cards $ 4,020.00 $ 3,855.00 $ 165.00 Fitness Cards $ 840.00 $ - $ 840.00 Total Revenue to Date $ 10,592.00 $ 12,756.00 $ (2,164.00) *Senior Center revenue is low due to low attendance in both Bridge programs compared to last year at this time; less participants in the Exercise class; and 3 less revenue based classes in August compared to last year. Senior Center Attendance Senior Center Program Report for August 2006 artici ation artan ici on Variance Meetings Meetings 2 200 2006 200 Senior Activities ACBL Bridge 172 131 41 5 4 Bridge, Duplicate/Social/Party* 129 297 -168 11 20 Monthly Birthday Party 30 23 7 1 1 Putting Contest 4 0 4 1 0 Monthly Luncheon 97 110 -13 1 1 Movie Time 43 29 14 5 4 Senior Activity Total 475 590 -115 24 30 Senior Leisure Classes Arts & Crafts 19 0 19 5 0 Exercise 29 42 -13 13 14 Mosaic Tile 1 0 1 5 0 Quilting 30 10 20 5 2 Senior Leisure Classes Total 79 52 27 28 16 TOTAL SENIOR PROGRAMS 554 642 -88 52 46 Senior Services FIND Food Distribution 161 149 12 4 4 Health Screening - BP/Carotid Artery 10 0 10 1 0 Hearing Consultation 2 0 2 1 0 HICAP 5 0 5 2 0 Homeowner/Renter Assistance 1 2 -1 1 1 I.I.D. Energy Assistance/No fee 77 103 -26 7 8 Legal Consultation 6 4 2 1 1 LIHEAP 8 0 8 1 0 Mature Driver Training 9 17 -8 1 2 Seminars for August 5 0 5 1 0 Volunteers 20 23 -3 n/a n/a TOTAL SENIOR SERVICES 304 298 6 20 16 SENIOR CENTER TOTAL 858 940 -82 72 62 *Attendance down due to Social Bridge only meeting one day a week compared to twice a week last year. Duplicate Bridge revenue/attendance down due to coordinators & players vacation. Duplicate Bridge held only 3 games during the month of August. DEPARTMENT REPORT: —1'1 La Quinta Public Library Quarterly Report April 2006 — June 2006 Circulation During the fourth quarter of 2005/2006, library users checked out a total of 20,812 items from the La Quinta Public Library. The library was open a total of 520 hours during that same time period, with an average of over 40 items checked out each hour. Collection The La Quinta Public Library continues to add new materials to the Library's collection. During this period, the library focused on enhancing both the Spanish language and large print collections. Current favorites of library customers are books in both the children's Easy Reader and Picture Book sections; DVDs; adult mysteries; and audio books. New Borrowers Approximately 500 new library cards were issued each month for a total of over 1,500 cards during this past quarter. This brings the total to more than 5,500 new library cards issued since the new library building opened to the public. Programming A Preschool Storytime for children 3'/2-to-5 years old is held every Tuesday morning and attendance is steadily rising. A total of 743 children attended the 13 preschool programs presented during the quarter. A Lap -Sit Storytime Program for parents and their toddlers is held just prior to the Preschool Storytime each week. During this quarter, there were 12 lap -sit programs with a total of 275 participants. A Bilingual Storytime is also held on a weekly basis. A total of 197 children attended the12 programs presented during April, May, and June. The Thursday Afternoon Storytime targets elementary school students. During this quarter there were five afternoon programs with 62 in attendance. The interactive Grandparents and Books format gives children the opportunity to both practice their own reading skills and to listen to stories read aloud. There were 15 Class Visits to the Library arranged by teachers from local schools during May and June. Each of the 257 children who visited the library with their classes received a special tour of our library, bibliographic instruction, and a library card if they did not already have one. The visit ended with the opportunity for each child to check-out a book to take back to school with them. Additionally, a Library Tour for the Desert CHEA Homeschoolers was conducted in April with 13 participants in attendance. A Group Visit by the local YMCA took place in June for 60 attendees. Both the Homeschoolers and the YMCA participants received bibliographic instruction and a special storytime as part of their visit. Library cards were also issued to all new users. n 11 La Quinta Public Library Quarterly Report April 2006 — June 2006 During April, 40 children between the ages of 2 and 12 enrolled in In-N-Out's "Food for Thought" reading incentive program at the La Quinta Public Library. A total of 34 youngsters were rewarded for reading with a coupon for a free hamburger or cheeseburger. On April 22, to commemorate Dia de los Ninos, award -winning children's author/illustrator Lulu Delacre shared stories, songs, and circle games in both Spanish and English to a delighted family audience. In May the Braille Mobile Solutions Van came to the La Quinta Public Library parking lot, bringing information on free programs and services available to persons with vision loss. Visual aids including magnification and lighting applications and were available for demonstration and purchase. This year's Summer Reading Program officially began on June 21 sc with the special pet theme of "Paws, Claw, Scales, and Tales". There were two family programs during June with 248 in attendance. By the end of June, 103 children had signed up to participate. The La Quinta Library Book Club met the first Monday of April, May, and June. The monthly themes were: "Biographies and Autobiographies," "A Person of Influence" and "Humor." The program will continue to meet during the summer months. Members who are on vacation or away for the season may still continue with the Book Club by reading the selected themes and sharing their comments online. Volunteers A total of 426 volunteer hours have been logged during this quarter by 43 volunteers. A Volunteer Recognition Event was held in May in appreciation of their dedication and service. Volunteers were recognized for a combined total of 1,626 donated hours to the library! Friends of the Library The Board of Directors of the Friends of the La Quinta Public Library meets on the second Wednesday of every month. The Friends' Annual Meeting was held on May 13,' in conjunction with the Volunteer Recognition Event, and featured Sherry Halperin, a local author whose book, Rescue Me He's Wearing�a Moose Hat, is being considered for a movie. In addition to the "On - Going Book Sale" in their Friends' Bookstore, members also conduct a weekend -long book sale of donated books every three months. Proceeds from the sales are used to fund the children's Summer Reading Program and other special library events. Estimated La Quinta Library Expenditures April 1 — June 30, 2006 Library Contract Expenditures LSSI Expenditures 125,554 Library Materials 100,298 Selected County Expenditures Personnel 1,670 Insurance 1,407 Memberships 56 Miscellaneous Expense / Postage 1,774 Accounting Costs 66 Travel and Conference 201 County Support Services 32,377* TOTAL LA QUINTA EXPENDITURES $ 263,403 * County support services includes headquarters overhead; internal charge - backs, such as County IT and Human Resources; collection agency; interlibrary loan; a proportional share of the cost of operating county -wide library programs. DEPARTMENT REPORT: T 4 4 0 ♦ -ld�t MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: September 19, 2006 RE: Public Works/Engineering Department Report for August 2006 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. imothy R. nas Public Works Director/City Engineer SMINIMEMEMI ca CG G N LU = Z NG r Li Z Q O m W p Y W C �0 aWca V V V J m > w IL w U) z W N H U T T T T t co ul ' a'. 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M . Code Activi 5 Men 3 Men 2 Men 1 Man Total 1000 Pokci nspection 75 p 438 1001 Pot air/Patchin 38 !12 3 53 ,�,-Re ,,Hole C7 ii1.NJVf17i T�e�iair J /� lJ /0� v; �� J� 1002 1003 Pavement Markin2iegends 01 0 0 0 0 1004 Pavement Ma"Stri t } 0 0 0 0 0 Curb Painting0 0 0 0 0 1605 1006 Other Traffic Controls 20 37 0 0 57 1007 Curb & Gutter Re air/Const. 0 2 0 0 2 1008 Other Concrete R /Const. 0� 7 0 0 7 1009 Street Sign Install New 0 17 0 0 1010 Street n Repair/Maint 64 27 0 0 1 9 - 1011 Debris Removal 14 25 0 1 40 1012 [Rightof May Maint. 9� 26 37 0 721 1021 CLEAN Catch Basin Inlet/Outlet 2 45 0 0 47 1022 Rondo Channel Outiet,'Wault 2 0 0 0 ` 1022A Desert Club OutleWault 9 0 0 0 9 1023 S.D./ D.W.,C.B. Re /Mairtit. 0 48 0 1 491 Gutter/Median Sand Removal 0 20 0 0 20 F1024 1025 Street jMachine) 173 0 0 0 173 -Sweeping Street Sweeping Hand 0 0 0 of 0 11026 1027 [Sidewalk/Bike Path Cleaning 24 0 12 0 36 1028 Dust Control 0 0 0 0 0 0 0� 1029 Fiood Control 0 0 0 1031 Parks/Retention Basins Ins ection/Clean- 17 6 47 0t 701t 11041Mown n !Weeding, C c Tr a nmmin Shrubs & Tree T.;...min R1 v0 13 133 .,. ')1 17Q1 1ni1 I anriccanellrrination Contract Manaaeme. 24 SQ. 12. R0 1052 . Lichtina/Electrical Contract Management 0 0 0 12 12 1061 Small Tools Repair/Maint. 2 0 0. 0. ? 1062 'Equipment Repair/Maint. 4 2• 0. 0 6 1063 Vehicle Repair Maint. 23 0 5 0 28 10$1 Trashi itter/Re., cable Removal 1 5 13. 0 1• Q 1082 vandalism Repairs n 0 n - n 1083 Graffiti Removal 243 87. 23. 8. 361 1084 Maint. Yard Building Maint. 3 8 n 1 12 1085 Seminars!Trainine 44 2 12 01 67 1086 Special Events 01 0 n 0 n 1087 Citizen Compla'ints/Re .pests 86 1 1 0 0 97 1088 Meeting 2 32 11 27. 72 1089 Office (Phone, paper wort`, reports, Misc.) 15 34 17. 43 109 SUBTOTAL 904 544 360 128 1936 1091 Over Time 24 30 19 01 73 .1094 jury DuNy () 0 0 0 0 0 1095 Sick LeaVe 24 16 0 n an 1096 placation 88. 40 40 72 240 n n n0. .0 1098 Floating Holiday 0 0 0 0 1099 worker Compn n n 0. n SUBTOTAL 11 136 86 59. 72 353 TOTAL HOURS 1040 630_ 41G. 200 22R9 TOTAL MILES 1 41811 30811 208R 245, 9595 Is Department Report: 9 LA U fTIA Served by the R. verside Courtly aherffs Departmern Police Department Monthly Report July -- 2006 Prepared for 403 City of La Quinta La Quinta Police Department Captain Walter Meyer, Commander July -- 2006 Highlights (Number in parenthesis denotes number of calls for service that day) Saturday, 07-01-06 (65): 0220 hours - Corporal Adams arrested Sergio Serna Reatiga for driving under the influence of alcohol following a traffic enforcement stop at Adams Street and SR 111. 2240 hours - Corporal Adams arrested Jose Ceja for driving under the influence following a traffic enforcement stop at Washington and Eisenhower. 2347 hours - Deputy Butvidas arrested Luis Rodriguez for driving under the influence of drugs and under the influence of a controlled substance following a traffic enforcement stop at Avenue 48 and Adams Street. Antonio Hernandez, a passenger in the vehicle, was also arrested for public intoxication. Sunday, 07-02-06 (36): 0050 hours- Corporal Adams arrested Juan Peralez for driving under the influence at Avenue 47 and Washington. 0123 hours- Deputy Taylor arrested John Vermillion for driving under the influence at Highway 111 and Depot Drive. 0900 hours- Deputy Russell arrested Fernando Arredondo for a spousal abuse warrant following a traffic enforcement stop at Avenue 52 and Washington Street. 2100 hours- Deputy Castellanos arrested Justin Froemming for reckless driving and his passenger, Kevin Young, for throwing substances at a moving vehicle. Young ignited and deployed several illegal firework "smoke bombs" which struck another vehicle. Froemming drove recklessly to flee from witnesses and the victim. Monday, 07-03-06 (67): 0430 hours- Deputy Castellanos arrested Rosemary Yanez for a felony warrant following a traffic enforcement stop at Eisenhower Drive and Calle Nogales. Tuesday, 07-04-06 (60): 1315 hours - Members of the La Quinta SET team arrested Manuel Garcia for two misdemeanor warrants as well as Linda Hernandez and Osvaldo Ortega for being under the influence of a controlled substance following a traffic enforcement stop at Avenue 52 and Washington Street. 1613 hours- The La Quinta SET team arrested Richard Recker for possession of a controlled substance and possession of drug paraphernalia following a traffic enforcement stop at Eisenhower Drive and Avenue 54. Wednesday, 07-05-06 (65): 1245 hours- Deputy Alvarado responded to a hit and run traffic collision at the 54000 block of Avenida Juarez. The investigation revealed that Pedro Santaneno was traveling southbound on Avenida Bermudas and ran the stop sign at Calle Madrid, colliding with Lacey Hampton. Santaneno then fled the scene. Hampton was transported to JFK with minor injuries to her right arm. Santaneno was located and was arrested. Santaneno was booking into jail. Thursday, 07-06-06 (85): �V� 2135 hours- Corporal Adams responded to Avenue 52 and Washington Street regarding a report of a female who appeared to have passed out in her vehicle and was unresponsive. Jennifer Rebecca Launder was found to be extremely intoxicated. Launder had her child in the vehicle with her. Launder was arrested for driving while under the influence and child endangerment. CPS was notified. 0015 hours- Members of the La Quinta SET team arrested two juveniles for unlawful possession of spray paint following a pedestrian check. Both juveniles were released to their parents. 0830 hours- Deputy Ervin and Tavares responded to the 52000 block of Avenue Ramirez reference an explosive device. The device had been located on Wednesday at about 1400 hours inside the reporting parry's mailbox. On Thursday she notified the Sheriffs Department. HDT responded for possible post blast evidence collection. 1210 hours- Deputy Covington arrested Francisco Herrera for a misdemeanor warrant at Airport and Monroe. 1605 hours- Members of the La Quinta SET team arrested Jermaine Holley for evading a police officer, violation of a restraining order and resisting arrest following a traffic enforcement stop at the 79000 block of N. Sunrise Ridge. Holley failed to comply with verbal orders and had to be physically removed from the vehicle. Friday, 07-07-06 (54): No Significant Activity Saturday, 07-08-06 (70): 2310 hours- Corporal Adams arrested Anna Lee Thurston for driving under the influence of alcohol following a traffic enforcement stop at the 78000 block of Cabrillo. Sunday, 07-09-06 (73): 1228 hours - Deputy Nieburger responded to a residence at the 52000 block of Avenida Martinez regarding a neighbor throwing rocks at the reporting party. Deputy Nieburger contacted Laura Alvarez and learned that Alvarez was wanted on a felony warrant for possession of stolen property and vehicle theft. Alvarez was arrested and booked at the Indio Jail. Monday, 07-10-06 (81): 1750 hours - Deputies Butvidas and McFadden arrested Nicholas Richard for driving under the influence of marijuana and child endangerment following a traffic enforcement stop at Avenida Ramirez and Avenida Vallejo. Richard had a 15-year-old passenger in the car. 2240 hours- Deputy Bawdon arrested Jose Torres Gandara for possession of a deadly weapon (metal brass knuckles) following a pedestrian check in front of the 53000 block of Avenue Herrera. 2257 hours- Deputy Castellanos responded to the 78000 block of Calle Tampico regarding a suspicious circumstance call and arrested Mauricio Alegra, a transient, for public intoxication. Tuesday, 07-11-06 (83): 0030 hours - Deputies Butvidas and McFadden arrested Trinidad Vera and Juan Vera for prohibited persons in possession of a firearm and ammunition following a traffic enforcement stop at Avenida Cortez and Calle Sinaloa. During the stop they located a loaded .32 caliber semi -auto pistol and a small amount of marijuana. 0846 hours - Deputy Moore responded to the parking lot of Game Stop near Hwy I I I and Dune Palm Drive to investigate a report of an assault. He contacted Marie Gomez and learned that she had been confronted by Christine Delarosa. Delarosa ordered Gomez to get in her car and displayed a weapon. Gomez refused and Delarosa eventually left the area. Attempts to locate Delarosa were unsuccessful. Charges of brandishing a weapon will be filed against Delarosa through the District Attorney. 4 U1 a 1216 hours - Deputy Lingle responded to a residence located in the 48000 block of Via Amistad to check on the welfare of two elderly residents. He found the front door ajar and two deceased residents inside. The decedents were identified as Herbert Beres and Sally Beres (husband and wife). Forensics, Indio Station Investigations and Deputy Coroner Werk responded. It was determined that the deaths were due to natural causes and had occurred within hours of each other. 1700 hours- Deputy Butvidas arrested Veronica Lopez for falsely impersonating another and providing false information to a peace officer following a traffic enforcement stop at Eisenhower Drive and Calle Sonora. Incident to the arrest, Deputy Butavidas located a small amount of marijuana and a glass -smoking pipe in Lopez's purse. Lopez also was operating the vehicle under a suspended license and had an outstanding warrant for driving under the influence. Her passenger, Linda Henderson, was also arrested for an outstanding burglary warrant. 1945 hours - Deputies Harter and Celaya, SET Team, arrested Jessie Phillip Padilla and Silvio Durinzi for felony violation of probation following a pedestrian check at Avenida Alvarado and Calle Sonora. Durinzi was found to be under the influence of methamphetamine and Padilla was found to be in possession of a glass methamphetamine-smoking pipe. Padilla was also charged with possession of drug paraphernalia and Durinzi was charged with being under the influence of a controlled substance. 2000 hours - Corporal Ward and Deputy Russell responded to the 52000 block of Avenida Juarez reference a domestic dispute. Angelo Perez grabbed the victim by her anus during an argument. The victim had scratches and redness on her left arm. Perez was arrested for domestic battery. Wednesday, 07-12-06 (73): 0050 hours - Corporal Adams and Glasper arrested Blaine Wilkinson for driving under the influence of alcohol following a traffic enforcement stop at Eisenhower Drive and Avenue 50. 1618 hours - Deputy Moore responded to a residence in the 52000 block of Avenida Martinez to investigate a report of vandalism. He contacted Michael J. Rejniak and learned that Rejniak had thrown a piece of furniture through his mother's projection -screen television and punctured all four tires on her car. He additionally threatened to have someone come back and harm her. Rejniak was arrested for vandalism and criminal threats. 2050 hours - Deputy Reynolds arrested Duene Heidt for public intoxication following a pedestrian check at Washington Street and SR 111. Thursday, 07-13-06 (63): 2000 hours - Members of La Quinta SET team, Coachella CAT team and Palm Desert Station Burglary Suppression Unit, coordinated with the Bullhead City Police Department, to facilitate the arrest of a wanted armed robbery and burglary suspect, John Tschasar. Tschasar was also arrested for a parolee at large warrant. He is currently awaiting extradition to California. A second suspect wanted was Recquelle Smith. Smith was arrested on 071206 by Deputies from the Indio Sheriff Station. She was identified by Fantasy Springs Casino Security as a wanted felon. Fantasy Springs Casino contacted the Sheriffs Department, who responded to the location and subsequently took her into custody for her warrant. Friday, 07-14-06 (75): 0145 hours - Deputy Trower arrested Jose Ortiz for driving under the influence of alcohol following a traffic enforcement stop at Calle Ensenada and Avenida Diaz. 1950 hours - Deputy Reynolds responded to Target reference a theft. Sarah Rollins was arrested and booked at the jail for stealing a memory card from the store. 2145 hours - Deputy Glaspar arrested Valentin Hernandez for driving under the influence of alcohol following a traffic enforcement stop at SR 111 and Washington Street. 4Ur Saturday, 07-15-06 (67): 0014 hours - Deputy Krachman responded to the 52000 block of Avenida Juarez reference a domestic dispute and arrested Andres Montemayor for public intoxication. Sunday, 07-16-06 (66): No Significant Activity Monday, 07-17-06 (65): 1830 hours- Deputy Alfaro arrested Daniel David Holster for delaying a peace officer, possession of a concealed weapon, a gang member in possession of a loaded handgun and participation in a street gang following a traffic enforcement stop at Bermudas and Avenue 52. 2100 hours- Deputies Butvidas and McFadden arrested Joseph Alverez for providing them with a false name following a pedestrian check at Avenida Velasco and Calle Sinaloa. 2300 hours- Deputies Butvidas and McFadden arrested Leslie Rizenman for possession of cocaine for sales, possession of marijuana, resisting and delaying a peace officer, battery on a peace officer and possession of drug paraphernalia following a pedestrian check inside the Dune Palms Trailer Park. Rizenman became combative and resistant; he had to be physically restrained by the deputies. During the search incident to the arrest they located ten grams of cocaine and one gram of marijuana on Rizenman's person and an additional eight grams of cocaine inside his vehicle. The cocaine was wrapped individually and a scale along with packaging was located within Rizenman's vehicle. Tuesday, 07-18-06 (75): 1246 hours - Deputy M. Covington arrested Jorge Luis Rodriguez for a possession of drugs, possession of drug paraphernalia, and driving with a suspended license following a traffic enforcement stop at Avenida Bermudas south of Calle Durango. Wednesday, 07-19-06 (69): 1050 hours - Deputies Ervin and Tavares responded to a residence at the 79000 block of Desert Willow Street to investigate an unattended death. Relatives came home and found Larry Leon Hargrove, dead on the living room couch. Hargrove had a history of heart disease and had been hospitalized about 4-weeks prior for a heart attack. 2000 hours - Deputies Trower and Hendry responded to the area of Avenue 52 and Avenida Bermudas reference a suspicious person. Janese Rice was arrested for being under the influence of a stimulant. Rice also had an active misdemeanor warrant out of Banning for city ordinance violations. Child Protective Services took custody of her two children. 2330 hours - Corporal Black and Deputy Russell responded to the 78000 block of Ultimo reference a family disturbance. Corey Butvidas was at his parent's residence arguing and refusing to leave. Butvidas refuses to take his medication and his behavior has become more violent and aggressive toward his parents. Butvidas was transported to Indio Mental Health for 72-hour mental evaluation Thursday, 07-20-06 (47): 1200 hours- Deputy M. Covington arrested Tony Martinez Lazo for being under the influence of a controlled substance at Kohl's in La Quinta. Deputy Drafton arrested Ruben Murillo Galindo for resisting arrest during the same incident. Both subjects were possibly involved in an attempt burglary of Kohl's along with a Hispanic female who fled the area prior to Deputies arriving. Neither subject had any stolen property in their possession when contacted by law enforcement and neither could be connected to the attempted burglary. Galindo ran from the store and had to be subsequently transported to JFK for heat exhaustion. He was later released with charges to be filed out of custody. 1800 hours - Deputy White assisted Lt. Navarro on a vehicle stop in the area of Fred Waring and Royal Palm. A reporting person witnessed the vehicle driving on the wrong side of the road and swerving back and forth within the lanes. The driver, Robert Ledesma was arrested for driving under the influence of alcohol. Friday, 07-21-06 (69): 1030 hours - Deputies M. Covington and Chancellor arrested Rudolfo Luis Hinijosa for a felony narcotic warrant at Avenue 58 and Park Lane. 1300 hours- Deputy Ervin responded to a disturbance at the 78000 block of Siena. The disruptive subject, Bryan Reed, met the criteria for a 72-hour mental evaluation and was transported to mental health. 1500 hours - Deputy Ervin responded to Target reference a burglary that had just occurred. The suspect vehicle description was broadcast and Deputy Butvidas observed the vehicle in the area of Avenue 48 and Jefferson Street. The suspect's vehicle was stopped at Avenue 48 and Hjorth Street. Deputy Butvidas arrested the driver, Joe Garcia Rico, for commercial burglary, possession of a controlled substance, and child endangerment. The passenger, Bettina Fuentes, was also arrested for commercial burglary, child endangerment and being under the influence of a controlled substance. 1918 hours - Deputies Gaunt and Russel arrested Michael Johnson for driving without a driver's license and possession of methamphetamine following a traffic enforcement stop in the Wal-Mart parking lot. 2130 hours - Deputy Krachman responded to a residence in the 45500 block of Indio and arrested Steve Hernandez for assault with a deadly weapon. Hernandez hit his cousin, Anthony Janosz, in the face and head with a beer bottle during an argument over money at the Wal-Mart parking lot. Saturday, 07-22-06 (64): 2345 hours - Deputies Gaunt and Russell arrested a 17- year -old male juvenile for driving under the influence of alcohol following a traffic enforcement stop at San Marino and Venice. The minor was later released to his mother. 0030 hours- Deputies responded to the 52000 block of Avenida Juarez and arrested Siono Bosant for public intoxication. Sunday, 07-23-06 (40): No Significant Activity Monday, 07-24-06 (57): 1317 hours - Deputy Dusek responded to a domestic disturbance at the 51000 block of Avenida Carranza. Christian Murua was arrested for misdemeanor domestic violence. Tuesday, 07-25-06 (68): 0913 hours - Deputy Hernandez arrested James Wallace for a drug possession warrant following a pedestrian check at Washington and Hwy 111. 1600 hours - La Quinta SET team responded to the 52000 block of Avenida Navarro to serve an arrest warrant. They arrested Katera Saul for a felony warrant for maintaining a drug house. They also arrested Adrian Garcia for being under the influence of a controlled substance. 1930 hours - Deputies responded to the 78000 block of Highway 111 in regards to a past robbery. The victims reported that the suspect entered the store and brandished a small handgun and demanded money from the cashier. Wednesday, 07-26-06 (62): 0424 hours - Deputy Russo responded to the area of Adams Street and Westward Ho reference a report of a wrong -way driver who was parked southbound in the northbound lanes of Adams Street. He contacted the Pr39 driver, Andrew John Robert Muir, who exhibited signs of being under the influence of a controlled substance. Muir admitted that he used cocaine and marijuana. Muir was arrested for driving under the influence of drugs. During a search of Muir's vehicle, a loaded handgun was located. 2105 hours - Deputy Trower arrested Steven Speers for driving under the influence of alcohol following a vehicle enforcement stop at Chillon and Eisenhower. Thursday, 07-27-06 (59): 0220 hours - Deputy Hendry responded to the La Quinta Inn reference an unattended death. Per the decedent's wife, she was in bed with her husband, Robert Gooch, when he had a seizure. She attempted to assist him and called 911. Gooch has a history of high blood pressure and Grand Mal Seizures. Paramedics responded and pronounced him dead at the scene. The coroner was notified 1010 hours - La Quinta SET Team arrested Andres Montemayor for providing false information to a peace officer following a pedestrian check at Avenida Ramirez and Calle Hidalgo. 2147 hours - Deputy Russell arrested Glen Smith for driving under the influence of alcohol following a vehicle enforcement stop at Washington Street and Avenue 48. Friday, 07-28-06 (67): No significant activity to report. Saturday, 07-29-06 (57): 0030 hours- Deputy Gaunt arrested Manuel Armendarez for driving under the influence of alcohol following a vehicle enforcement stop at a Avenue Madero and Calle Madrid. 0147 hours- Deputies responded to the 52000 block of Avenue Alvarado reference several gunshots heard. Deputies located 12 expended 9-mm shell casings in the intersection of Calle Nogales and Avenue Alvarado. An area check was conducted, but no further information was obtained. 0215 hours- Deputy Amezcua arrested Valeria Salazar for public intoxication following a pedestrian check at Calle Nogales and Avenue Alvarado. 1951 hours- Corporal Ward responded to a residence located in the 81000 block of Barrel Cactus reference a suicidal subject. Tonya Neff threatened to kill herself and was taken to Indio Mental Health for 72hour evaluation. Sunday, 07-30-06 (66): 0159 hours- Corporal Ward observed an act vandalism at Auto Center Drive near Adams Street. Robert Jose Curiel was marking on electrical boxes. Curiel tagged the boxes with "bomb" and "LMNT". Oriel was arrested for felony vandalism. 1115 hours - Deputy Nieburger arrested Daryl Tatum for public intoxication. 1155 hours - Deputy Butvidas arrested Dominic Rios for public intoxication at Washington and Hwy 111. 1207 hours - Deputy Nieburger responded to the 54000 block of Oak Tree for a medical assist. The caregiver for Michael Fitzgerald and John Fitzgerald had to be taken to the hospital. Without anyone to care for the dependent adults, they had to be taken to the Indio mental health. 1400 hours - Deputy JC Garcia arrested George Rivera for being under the influence of a controlled substance following a traffic enforcement stop at Avenue 47 and Adams. 1505 hours - Deputy Butvidas arrested Albert Perales for possession of drug paraphernalia and being under the influence following a bicycle stop at Washington Street and HWY 111. 4v9 1700 hours - Deputy Nieburger responded to the 54000 block of Avenida Ramirez reference an unattended death. Family members responded to the house and found the decedent, Charles Christensen, seated in the living room recliner. Christensen had a history of high blood pressure. The coroner was notified and responded. Monday, 07-31-06 (70): 1240 hours - Deputy Post responded to a theft in progress at Target. Deputies stopped a vehicle in the area and detained two subjects. The stolen property was located in the vehicle. Security made a positive ID and took possession of the recovered property. Deborah Lynn Flanigan and Noe Angel Velasquez were arrested for burglary and other related offences. 1255 hours — Deputy Butvidas arrested Johnny Hernandez for a parole warrant, possession of methamphetamine, possession of heroin for sale, transportation of heroin for sale, possession of marijuana and providing a false name to a peace officer following a traffic enforcement stop at Avenida Mendoza and Calle Tampico. 1534 hours - Deputy Moore responded to a domestic battery at the 79000 block of Ashley Place. After a thorough investigation regarding conflicting statements, Deputy Moore arrested both Brittany Came and Anthony Terrazas. 1554 hours - Deputy J. Garcia responded to the La Quinta Home Depot for a suspect being detained for theft. Claudia Mesa was arrested for burglary and for a prior theft related warrant. 2120 hours - Deputy Alexander arrested Leonardo Lopez for a no bail warrant following a pedestrian check at Avenida Navarro and Calle Hidalgo. Total calls of service: 2018 tf4 Deputy Ismael Celaya Deputy Jason McFadden Deputy Paul Harter Deputy Randy Wedertz CITY OF LA QUINTA Special Enforcement Team July 2006 Summary of Activity Sergeant Matt Jimenez Type of Activ I # of Incidenisl Type of Activity # of Incidents Ongoing Investigations 1 Probation Searches 2 Parole Searches 2 Arrests/Filings 17 Vehicle Checks 41 Arrest Warrants Served 4 Investigation Assists 5 Programs 1 Arrest Warrants Attempted 7 Crime Prevention Hours 40 Pedestrian Checks 26 Back-ups 5 Bar Checks 0 Search Warrants 0 Follow-ups 5 Recovered Stolen Property 5 Meetings/Civil Commitments 1 Surveillance 0 Citations Issued 6 Business Contacts 10 Bicycle Time 0 hrs. ITraining Hours 10 ,Property Checks 2 ITOTAL MILEAGE 1107 Miles SIGNIFICANT ACTIVITY SET Team deputies, working in cooperation with other agencies, coordinated with the Bullhead City, AZ police department to facilitate the arrest of John Tschasar of La Quinta. Tschasar was wanted for armed robbery, burglary and for a parolee at large warrant. Members of the Special Enforcement Team worked with Alcohol and Beverage Control (ABC) investigators to develop and implement an educational program addressing the retail sale of tobacco products. Deputy Robert Brooker Deputy Chris Orr Sgt. John Shields CITY OF LA QUINTA Traffic Enforcement Team Report July 2006 Summary of Activity Deputy Michael Gaunt Corpopral Dave Adams Deputy Manny Alvarado Type of Activity Number of Incidents Speed Violations 19 Fail to Yield 0 Turning Violations 2 Calls for Service & B/U's 34 Red light/Stoplight/Stop sin 24 Child Seat Violations 0 Lane Change Violation 1 Seat Belt Violations 7 DU I Arrests 7 Misdemeanor Arrest 0 Felony Arrest 0 Warnings 17 Tows 9 Injury T/C 2 Non -injury T/C 19 Suspend d DL 7 Non -Moving 61 Citations 78 Deputy Kevin Moore La Quinta Middle School CITY OF LA QUINTA School Resource Officer Report July 2006 Summary of Activity Type of Activity Number of Incidents Reports 1 Arrests 0 District Attorney Filings 0 Traffic Stops 0 Business Checks 0 Y.A.T. Referral 0 Vehicle Checks 0 Pedestrian Checks 0 Follow-up 0 Truancy 0 SIGNIFICANT ACTIVITY 1. This reporting period reflects the absence of students and normal student activity due to summer vacation. One theft was reported and investigated, however, no suspect leads were developed. 3. Attended the National Association of School Resource Officers (NASRO) conference representing the City of La Qinta as the host law enforcement agency. During the NASRO conference, I received specialized instruction relating to the "MySpace.com" internet site. I also assisted NASRO personnel in conducting an "active shooter" seminar on the campus of Benjamin Franklin Elementary School. Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report July 2006 Summary of Activity Type of Activity Number of Incidents Criminal Reports 1 Non -Criminal Incidents 0 Arrests 0 District Attorney Filings 0 Traffic Stops 0 YAT Referral 0 Vehicle Checks 0 Pedestrian Checks 0 Follow-up 1 Truancy 0 SIGNIFICANT A This reporting period includes the last month of summer school and reflects the reduced presence of students on campus and the associated activities. One theft was reported but the victim was unable to provide any suspect information or follow up leads Graduation was considered very successful and no problems of any kind were reported or observed by myself, school security personnel or other law enforcement personnel. C.S.O. Steve Grissom C.S.O. Monica Santillanes C.S.O. Thomas Fowler CITY OF LA QUINTA Community Service Officer Report July 2006 Summary of Activity Type of Activit Number of Incidents Burglary Investigations 12 Grand Theft Reports 4 PettyTheft Reports 6 Vandalism/Malicious Mischief Reports 6 Traffic Collision Response 9 Vehicle Code or Parking Citations 16 Abandoned Vehicles Tagged/WarningTagged/Warning 11 Towed Vehicles 2 Lost or Found Property Reports 6 Stolen Vehicle Report 2 Public Assistance 8 Custodial/Non-Custodial Transports 13 Miscellaneous Calls 6 Taught a training class on the subject of report writing for the Citizens on Patrol volunteers. Conducted a Neighborhood Watch orientation meeting for interested members of the community. Presented crime prevention tips and information via a taped interview with a local television station. Conducted two Crime Prevention Through Environmental Design (C.P.T.E.D.) inspections. One residential inspection and a limited segment of the Bear Creek Pedestrian and Bicycle Path. 4V") CITY OF LA QUINTA Monthly Volunteer Report July, 2006 Volunteer Coordinator: Danese Maldonado Summary of Activitv Office Activity Number Patrol Activity Number Monthly Volunteer Hours 281 Monthly Patrol Hours 20 Hours YTD 1467 Hours YTD 20 Hours 4/03 to Present 9845 Business Checks CPO Month! Visits 108 Vacation Checks CPO YTD Visits 792 Crime Prevention CPO 4/03 to Present 6953 Traffic Control Training Hours Training Hours 74 HIGHLIGHTS Participation in the volunteer program continues to grow and is now averaging 22 active volunteers participating each month. 2 On July 27th the first Citizens on Patrol team went on active patrol in the City of La Quinta. Volunteers will be performing vacation checks, business checks, requests for extra patrol, removal of debris from the roadway, traffic collision scene control, crime prevention assistance and regular community patrol. 3 Volunteers continue to staff the Community Policing Office and perform data input duties for both the La Quinta Police Department and the Coachella Police Department. 416 Corporal Andy Gerard CITY OF LA QUINTA Post 503 Explorer Report July 2006 ACTIVITY 1. Post 503 members attended the National Explorer Competition and Conference held at Northern Arizona University in Flagstaff, AZ. Explorers received training in Gang Recognition and Identification, Narcotics Trafficking & Interdiction and Executive Protection. Following the conference, the Explorers relaxed with a visit to the Grand Canyon. 2. Post 503 Explorers assisted with a public safety, child fingerprinting, event in the Coachella Valley. 3. Explorers are currently training in preparation for attending the Riverside County Sheriffs Department Explorer Academy. The academy will be held at the Ben Clark Training Center which is the home of the Deputy Sheriff and Correctional Officer training academies. 4. For information about the Explorer Post 503 program, contact Corporal Andy Gerrard at 760-863-8990. 41 Department Report: LA Uf TA P*LICI Served by the Nverside County Sheriffs Department Crime Statistics Summary June -- 2006 Prepared for 413 0 c m m Z 0 rn O 10, 0 D m W 0 _ O z m T °�C) m �o 0 � Z D C O m C zz m� D 0 0 rn 2 00 rn W N A O o� Z n O Z C) n0 77 00 -I M 0 A W N -' -�0-IzDr- <w>x = 00 C: O�>X>mCw0>0 n D z Oo z � r- c mm?m n m zn m m `c�CO =mom D m T r < O z z c n o CD _ -I A 0 0 CO O O O C Z c N 00 000 0 a� r o A o t O CA)C0 00 W v v 0 0 0 O C.')m Z a O N 00 - O� v W�-4 A W O O PQ O Of y Cn N CVJi U01 0 N (0 O O N O O ul 419 0 � m z (0 �o IR m n > 0 (n rn n z z > < CA) '10 X m om m _--- CD 0 "n M 0, -n > 03 c X -n C/) M r- cn 0 > G) co Z C 4 240 Month to Month Crime Comparison -June ®JUNE 2006 0 JUNE 2005 100 82 80 61 57 60 i 40 16 18 17 20 0 3 0 00 0 0 0 PDMgDE RAPE ROBBERY ASSALLT, FELONY BURGLARY VEHCLETHEFT LARCENYMfFT AW Year to Date Crime Comparison • JUNE ■ YTD 2006 u YTD 2005 500 400 300 200 131 102 100 24 0 0 3 1 9 7 6 0 HOMCDE RAPE ROBBERY ASSAULT, FELONY BUUARY VHUET}ffT LARCERYMM ARSON 421 ® JUNE 2006 Month to Month Traffic Activity Comparison a JUNE 2005 350 I 299 I 300 I 250 I 200 177 150 100 41 50 24 10 7 4 0 0 0 TRAFFIC CITATIONS TIC NON -INJURY DUI TIC INJURY TIC FATAL 2500 2000 1500 1000 500 0 Year to Date Traffic Activity Comparison ■ YTD 2006 a YTD 2005 TRAFFIC CITATIONS TIC NON -INJURY DUI TIC INJURY TIC FATAL 42-2 Month to Month Calls for Service Comparison - June 2006 2500- 2000 - 1977 1950 1500 - 1330 1249 E 06-Jun M 05-Jun 1000- 701 647 500- 0-- Total Non -Criminal Criminal Year to Date Calls for Service Comparison 14000- 12776 Al 12539 12000-- 10000- 8000- [mMYTD �2006 I YTD 20051 6000-- 4876 46es 4000- 2000 0- Total Non -Criminal Criminal Department Report: LA U f TA P*LICI r Served by the Piverside County Sherifs Deparonem Police Department Monthly Report August -- 2006 Prepared for ::: 4"4 City of La Quinta La Quinta Police Department Captain Walter Meyer, Commander August -- 2006 Highlights (Number in parenthesis denotes number of calls for service that day) Tuesday, 08-01-06 (70): 1115 hours - Deputy Moore arrested Oscar Castro at the La Quinta Wal-Mart for commercial burglary. Castro entered the store and attempted to steal several DVD's / CD's. 1330 hours - Deputy Speir responded to the 80000 block of Avenue 52 reference a fraud in progress. The suspect was attempting to cash a stolen/forged check made out to the suspect for $950.00. Anthony Castro was arrested for burglary and attempting to pass a stolen/forged check. Wednesday, 08-02-06 (66): 2259 hours - Deputy Hendry arrested two juveniles for commercial burglary. The suspects stole beer from the Ralph's on Washington Street. They were contacted at a residence in the 49000 block of Serenata Court in La Quinta. The stolen beer was found at the residence. One of the minors was booked into Juvenile Hall and the other was released to a parent. Thursday, 08-03-06 (64): 1030 hours- The CAT Team and La Quinta SET conducted a parole search in the 53000 block of Calle Mendoza. Eric Basquez had been identified as a suspect in the theft of a purse in the City of La Quinta. As a result of the investigation, it was determined that Basquez had used credit cards that had been in the stolen purse in Coachella and Palm Desert. Basquez was booked for possession of stolen property, theft with priors and a parole violation. 1820 hours- Deputy Gaunt contacted Hilario Muela and Frank Beltran during a traffic enforcement stop at Best Buy in La Quinta. Muela was arrested for having ten misdemeanor warrants for vehicle code violations. Beltran was arrested for having an outstanding "no -bail" battery warrant. 1745 hour- Deputy Reynolds investigated a battery in the 5200 block of Avenida Villa. During the investigation, Deputy Reynolds determined that Eddie Zamorez Garcia was in possession of a stolen vehicle. Deputy Reynolds arrested Garcia and secured him in the rear of his unit. Garcia kicked out the back window to the unit and fled on foot. A perimeter was established and a three-man search team, including a canine unit, was deployed for a door-to-door search. Garcia was subsequently located hiding in the garage of a nearby residence. Garcia was booked at the Indio Jail for possession of a stolen vehicle, resisting arrest and felony vandalism. Deputy Reynolds obtained a bail increase on Garcia for $100,000. Friday, 08-04-06 (62): No significant activity to report Saturday, 08-05-06 (48): 0015 hours- Deputy Gaunt attempted to stop the driver of a vehicle for erratic driving and suspicion of driving under the influence. The vehicle led Deputy Gaunt on a short pursuit driving W/B on Avenue 58. The vehicle then turned south onto a dirt road. Deputy Gaunt immediately terminated the pursuit once the vehicle left the paved roadway. The driver of the vehicle lost control, resulting in a single vehicle, rollover traffic collision. The driver (age 17) and passenger (age 17), both of Palm Desert, received minor injuries. The driver was transported to J.F.K Hospital for medical treatment. Both juveniles were re- leased to their parents. Charges of felony evading, driving under the influence and driving without a license will be filed with the D.A.'s Office against the driver. #r�r 0207 hours- Deputy Trower arrested Hector Munoz for driving under the influence following a traffic enforcement stop at Avenida Carranza and Calle Montezuma. 1435 hours - Deputy Post responded to the Target in La Quinta where security personnel had two subjects under surveillance for shoplifting. Target loss prevention officers had observed and videotaped the subjects taking and concealing merchandise. Deputy Post detained the two suspects, Jose Moreno and Anna Frias, and stolen property was recovered. Both subjects were arrested for conspiracy and burglary. Deputy Post was able to show a pattern of thefts indicating intent and purpose. As a result, the subjects were charged with a felony rather than a misdemeanor. Sunday, 08-06-06 (58): No significant activity to report Monday, 08-07-06 (75): 1925 hours- Deputy Russell responded to Kohl's reference a commercial burglary. Store security had detained one of two subjects that had entered the store with a booster bag stuffed inside their pants. Merchandise valued in excess of $500.00 was recovered. A second suspect fled on foot. Deputy Russell arrested Juan Torres for commercial burglary. Torres was booked into Indio Jail. Tuesday, 08-08-06 (72): No Significant Activity Wednesday, 08-09-06 (57): 0910 hours - Deputies Chancellor and M. Covington were dispatched to a fraud call in the 54000 block of Avenida Madero. They arrested Taylor Peirce for forgery. Peirce had stolen and forged checks belonging to his mother. The victim, his mother, requested prosecution and Peirce was booked into the Indio Jail. 1907 hours - Deputy Reynolds conducted a pedestrian check on a 16- year- old juvenile in the 78000 block of Avenue 47. A records check revealed the juvenile had a no bail warrant for criminal threats. He was arrested and booked at Indio Juvenile Hall. Thursday, 08-10-06 (79): 1300 hours — La Quinta SET, and Deputy Ervin, conducted a follow up investigation in reference to a residential burglary. Deputies responded to the 52000 block of Avenida Villa and conducted a probation compliance check on Bennie Barajas. Deputies located a stolen credit card that was linked to a vehicle burglary that had occurred in July. Barajas was arrested and booked at the Indio Jail for receiving stolen property and committing a felony while out on bail. 1345 hours - Deputy Goeken responded to a report of a child molestation. The reporting person said her husband had been touching their two children (3-year-old son and 20-month-old daughter) inappropriately. She said her husband had voluntarily taken two polygraph exams to prove his innocence and had failed both. An Emergency Protective Order was obtained, however, it has not been served because his whereabouts is unknown. Investigator Quinterro was notified and will be handling the case. 2115 hours - Deputy Martinez conducted a pedestrian check at Hwy 111 and Dune Palms. Pablo Osorio Cruz was arrested for possession of methamphetamine and drug paraphernalia. 2329 hours - Deputy Gaunt arrested Alexander Castellanos for driving under the influence of alcohol following a traffic enforcement stop at Hwy 111 and Washington Street. Friday, 08-11-06 (72): 1540 hours - Deputy Martinez responded to Stater Brothers reference a panhandler. Anthony Smith was contacted and found to have a warrant for parole violation. He was arrested for the warrant and panhandling. 1545 hours - Deputy Martinez responded to the Stater Brothers parking lot reference a subject loitering. Douglas Harrington was arrested for trespassing when he refused to leave. Incident to arrest, property that appeared to be stolen, was found concealed in the groin area of his pants (new pair of socks and bike gloves with the tags still attached). Deputies contacted local businesses in the area, but could not determine if the items were stolen. Harrington was booked at the Indio jail Saturday, 08-12-06 (66): 0042 hours - Deputy Gaunt arrested Ignacio Casteneda for driving under the influence of alcohol following a traffic enforcement stop at Sagebrush and Washington. 0430 hours - Deputy Reynolds conducted a pedestrian check at Westward and Dune Palms. Carlos Valdovinos was arrested for public intoxication. He was booked at the Indio Jail. 1420 hours - Deputy JC Garcia arrested Angela Sambrano for shoplifting at the La Quinta Target. Sambrano admitted to entering with the intent to shoplift. 1537 hours - Deputy Knight responded to Best Buy regarding embezzlement. An employee, Edward Escobar, was detained for selling merchandise to a friend for 1/8 value. Escobar made admissions and was arrested for conspiracy and theft. 2111 hours- Corporal Adams handled a suicide threat call in the 52000 block of Avenida Ramirez. Jose Castro was determined to be a danger to himself and was transported by AMR to JFK due to a medical condition. 2217 hours- Corporal Adams arrested Mary Belanger for driving under the influence during a traffic stop at Madison and Avenue 58. Sunday, 08-13-06 (54): 0050 hours- Deputy Lushia arrested Adel Ruii for driving under the influence of alcohol following a traffic enforcement stop at Jefferson and Hwy. 111. 0250 hours- Deputy Gaunt arrested Jaime Jacobo for driving under the influence of alcohol following a traffic enforcement stop on Avenue 50 near Jefferson. Monday, 08-14-06 (81): 0150 hours- Deputy Adams responded to Lake Cahuilla reference a missing person. Regina Bowler reported that her husband, Lee Roy Bowler, went missing from their RV at the campsite at about 2130 hours on 08/13/06. There were no noted risk factors associated with Lee Roy Bowler and Regina Bowler stated the he was not intoxicated, using drugs or taking medication. It was later learned that Lee Roy Bowler is a parolee at large from Oregon. Deputies searched the lake area, PGA West and nearby country clubs. Law Enforcement Agencies and hospitals were also contacted. A search of Bowlers RV was conducted but nothing out of the ordinary was noted. The Lake Cahuilla rangers were asked to call if they saw Lee Roy Bolwer or when the RV leaves the campsite. 0900 hours- Corporal Adams responded to CDF #70 regarding a found child. A concerned citizen had dropped off the child at the CDF station after the child had contacted her and told her that her mother Cindy Weigandt, had, left her alone at home. Corporal Adams contacted CPS and had a social worker contact Ms. Weigandt and the child's father, Marc Souza. Weigandt had previous contacts for child neglect and was found to have an active court order to stay way from her children. CPS removed the children from the residence. 1533 hours - Deputies Kim and Butvidas responded to the Stater Brother's parking lot to investigate a report of a robbery. They contacted Ed Fyson and learned that a Hispanic male in his 20's had accosted him while Fyson waited in the parking lot for his wife. The man displayed a firearm and demanded Fyson's wallet. Fyson told the suspect that his wife had his wallet. Fyson was unable to provide any further y rl r� description of the man. An area check by several units and Riverside County Sheriff s Department air support unit was conducted. The subject remains outstanding. 1755 hours- Deputies Alexander and Villegas investigated a report of kidnapping, false imprisonment and spousal abuse at the La Quinta Wal-Mart. The victim an employee for Wal-Mart was contacted by her estranged husband, Adan Sierra Cruz and entered Cruz's car to speak with him. Cruz made threats to the victim and prevented her from exiting the car by physically restraining her. Cruz drove into the city of Indio where the victim was able to escape. Deputies were unable to locate Cruz. Charges will be filed out of custody. Tuesday, 08-15-06 (73): 1042 hours - Deputies Butvidas and Kim conducted a pedestrian check within the Dune Palm mobile home park. They contacted Michael Johnson, who was found to have an outstanding felony warrant for violation of probation. Johnson was also found to be in possession of drug paraphernalia. Johnson was booked at the Indio Jail for the warrant and the new drug paraphernalia charge. 1420 hours - Deputy Gaunt arrested Roman Guevara on an active felony warrant for possession of falsified identification following a traffic enforcement stop at Jefferson Street and Pomelo Drive. 1820 hours- Deputy Reynolds investigated a report of an armed robbery in the area of Avenida Herrera and Calle Nogales. The investigation determined that the victim, a teenage boy, was confronted by two males who took his skateboard. The victim later identified two male juveniles as suspects in the theft. About ten minutes later, a second call was handled by Corporal Adams regarding two males taking a skateboard from a teenage boy by fear/force in the area of the Skate Park. The second victim's father had attempted to contact the two males and received facial injuries when assaulted by one of the suspects and was transported to Eisenhower Hospital for treatment of his injuries. A 17-year-old male was identified as the suspect who had committed the assault. Investigators obtained a search warrant for the juvenile's residence and both stolen skateboards were located and recovered Deputy Alexander later identified the second suspect, a 15-year-old by showing a victim a photographic line-up. Both juveniles were positively identified as being involved in both incidents. The 17-year-old juvenile was booked into Indio Juvenile Hall for armed robbery and assault with a deadly weapon. Wednesdav, 08-16-06 (68): 1530 hours- Deputy Butvidas and Kim arrested Daniel Mindiola for forgery and burglary. 2226 hours - Deputies responded to the intersection of Washington and Point Happy reference a traffic collision involving a passenger vehicle and a motorcycle. The expectant driver of the passenger vehicle had begun to have contractions, looked over at her passenger, and did not see the red traffic signal. She collided with the motorcycle which was stopped at the intersection. The motorcycle operator was transported to Desert Hospital where he was diagnosed with complaint of pain only and released. Thursday, 08-17-06 (73): 1012 hours - Deputy Kim and Deputy Butvidas conducted a traffic stop at Hwy I I I and Depot Dr. The driver, Bernardo Chapa, was contacted and found to be on probation. Chapa was also under the influence of a controlled substance. Deputies took Chapa into custody and booked him at the Indio Jail. 1300 hours - Deputies M. Covington and Bloomquist arrested Rebecca Maciel for burglary, child endangerment, and possession of a forged check at the La Quinta Target Store. Also arrested was Albert Martinez for the same offenses including possession of drug paraphernalia. 1545 hours - Deputy. Kim and Butvidas arrested Gabriella Preciado for forgery and burglary at Wal-Mart. Preciado, a Wal-Mart employee, located a purse left behind by a customer and began charging items on the customer's credit card. Preciado then left the store and used the card at another location. She later returned to Wal-Mart in an attempt to use it again, but by this time, the customer was alerted and cancelled the card. 2330 hours - Deputy Catellanos responded to the 44000 block of Carmen Place reference a suspicious vehicle. Liobardo Ordonez was contacted and arrested for being in possession of a fraudulent California Identification Card. He was booked at the Indio jail 0118 hours - Deputy Gaunt arrested Joe Ortiz for driving under the influence of alcohol following a traffic enforcement stop at Hwy 111 and Washington Street. Friday, 08-18-06 (96): 0430 hours- Deputy Russo responded to the Circle K Store at Highway I I I and Washington Street. reference an armed robbery. A dark skinned male adult entered the store displayed a weapon and ordered the employees to the floor. The subject jumped the counter and removed four to five packs of cigarettes and then fled the store on foot. The suspect had a shirt covering his face during the robbery. No one was injured during the robbery. 2152 hours - Deputies responded to Jefferson Street x Pomelo reference a single car collision. Guildia Garcia was driving southbound on Jefferson Street between Pomelo and Avenue 52 when she lost control of her vehicle, crossed into the center median and collided broadside with a palm tree. A juvenile passenger was transported to JFK where he was pronounced dead at 2253 hours. Test results indicated alcohol was not a contributing factor. Garcia was transported to Desert Regional Medical Center and later released with no injuries. 2220 hours - Deputies responded to the 44000 block of Via Coronado for a "check the welfare" call. The caller, the concerned daughter, said that her elderly parents live at the residence and she had not heard from her parents in a few days. She requested a deputy go by and check on their welfare. Deputies found that all doors and windows were closed and locked and did not get a response when they knocked on the door. Looking through a bedroom window, deputies saw an elderly male lying motionless on the floor next to a bed with a gun by his side. An elderly female was lying motionless on the bed. Deputies gained access to the residence, checked for signs of life and found both parties deceased. The residence was secured, investigations and the Central Homicide Unit were called to the location. Saturday, 08-19-06 (51): No Significant Activity Sunday, 08-20-06 n: 0029 hours- Corporal Adams arrested Timothy Kathe for driving while intoxicated at Plaza La Quinta and Hwy. 111. 1408 hours - Deputy I. White conducted a traffic enforcement stop at Desert Club Drive and Main Street. He contacted Gary Heptner. A record check revealed Heptner was wanted on an active warrant for possession of dangerous drugs. Heptner was arrested and booked at the Indio Jail. Monday, 08-21-06 (73): 0339 hours- Deputy R. Adams conducted a traffic stop at the Shell Gas Station on Highway 111 at Adams Street. The driver, Aaron Michael Andrews, refused to follow Deputy Adams' commands and ran into the store. Deputy Adams detained the subject inside the store and took him into custody. Andrews was booked into jail for driving without a license and resisting arrest. 0838 hours - Deputies Martinez, Butvidas and Kim conducted a pedestrian check behind Baskin Robbins, near the Wash. They contacted Jimmy Teaton and Jerry Lee Ray, both transients in, and determined both were intoxicated past the point of being able to care for themselves. Deputies also contacted Barbara Ayala, a transient, and learned she was wanted on three local warrants. All three subjects were arrested and booked at the Indio Jail. 1036 hours- Deputies Butvidas and Kim responded to the 80000 block of Via Villarosa regarding a public disturbance. Scott Jackson was found at the location under the influence of drugs and alcohol. Jackson was arrested for being under the influence. 1351 hours - Deputies Butvidas and Kim conducted a bicycle check at Hwy 111 near Mountain Cove Drive and contacted Mario Rodriguez. While conversing with Rodriguez, the deputies determined that Rodriguez was under the influence of a controlled substance. He was arrested for driving a bicycle under the influence 1557 hours - Deputy Marinez responded to the ReMaxx office at the 78000 block of Hwy 111 to investigate a report of a man causing a disturbance at the location. He contacted Daryll Tatum, a transient, who was refusing to leave the business. Tatum was arrested for trespassing. 1855 hours- Deputy Butvidas arrested Jorge Rivera for trespassing at Kohl's. Tuesday, 08-22-06 (60): 0105 hours- Deputy Glasper, following a traffic enforcement stop, arrested Juan Carlos Lopez for being under the influence of a controlled substance. 0953 hours - Deputy Martinez conducted a pedestrian check at Jefferson Street and Avenue 48. He contacted Jose Alfredo Lozano. Lozano was found to be in possession of forged identification documents. Lozano was arrested and booked at the Indio Jail. 1157 hours - La Quinta Deputies responded to Home Depot regarding a citizen report of having seen possible suspects in a car jacking that had occurred the previous Sunday. A perimeter was set up and a thorough check was made of the interior and exterior of the building with negative results. 1426 hours - Deputies Butvidas and Kim conducted a bicycle stop on Dune Palms Drive, north of Hwy 111, and contacted Michael Wayne Snyder. A record check reveled that Snyder was wanted on an active warrant for theft with priors. Snyder was arrested and booked at the Indio Jail. 1521 hours - Deputy Martinez conducted a pedestrian check in front of Target on Hwy 111 and contacted Arthur Soliz Jimenez. Jimenez was found to be in possession of approximately 1.0 gram of suspected methamphetamines. During the course of his investigation, Deputy Martinez was approached by a female demanding information about what was happening. The female was identified as Jennifer Cheeseborough. A record check reveled that Cheeseborough was wanted on a felony warrant for possession of dangerous drugs. She was arrested and booked at the Indio Jail. Wednesday, 08-23-06 (67): 1330 hours- Deputy Kim and Butvidas arrested Jorge Alberto Rivera for trespassing at Kohl's. Thursday, 08-24-06 (61): 0217 hours- Deputies responded to the 53000 block of Avenue Mendoza reference a loud party. The subjects were admonished and agreed to cooperate by turning the music down. Michael Rexford was arrested by Deputy Russell for being drunk in public. Friday, 08-25-06 (82): 1143 hours —After being flagged down and informed of a possible domestic dispute, Deputies Bloomquist and Covington drove to Avenida Bermudas and Calle Montezuma and found Herman Acosta was intoxicated and violating a restraining order. Acosta was booked into the Indio Jail. 1400 hours- Deputy Nieburger responded to the 53000 block of Avenida Herrera reference a possible suicide threat. Linda Robinson was taken to Oasis Mental Health for a voluntary evaluation. 1415 hours- Corporal Adams arrested Amadeo Perera Mendez for providing a false name and possession of a forged identification card following a traffic enforcement stop. Saturdav, 08-26-06 (57): 2020 hours- Deputy Reynolds arrested James Garland for being under the influence of a controlled substance and child endangerment following a traffic enforcement stop. Garland's two children were with him in the car at the time. C.P.S. responded and took them into protective custody. Sunday, 08-27-06 (49): 0850 hours- Deputy Butvidas responded to the78000 block of La Palma regarding a suspicious vehicle. Mark Weir was contacted. Deputy Butvidas received consent to search Weir's vehicle and located a pair of brass knuckles. Weir was booked for possession of a deadly weapon. 1509 hours - Deputy Butvidas conducted a traffic enforcement stop on Eisenhower Drive at Calle Chihuahua and contacted Scot Steven Bennett. When Bennett was asked to step out of the car, he attempted to dispose of a syringe. A short struggle ensued and Bennett was unable dispose of the syringe. A subsequent search of Bennett's person revealed he was also in possession of a small quantity of suspected Heroin. Bennett was arrested for possession of narcotics, possession of a syringe, attempting to conceal evidence, and resisting arrest.. He was booked at the Indio Jail. 1534 hours - Corporal Northrup and Deputy Tavares responded to a residence on the 52000 block of Eisenhower Drive to investigate a sexual assault. The mother of a 15 year -old girl reported that her daughter had been raped by a 15/16-year-old male while babysitting in La Quinta on Friday. Case to be handled by investigations. 1900 hours- Deputy Villegas conducted a pedestrian check at Diaz and Sonora. He arrested Mario Torres for public intoxication. Monday, 08-28-06 (79): 1220 hours - Deputies Butvidas and Kim responded to Oasis Mental Health to contact a suspect in a violation of a restraining order who was being released. They contacted Jamie Randall and placed him under arrest for the known violations. He was booked at the Indio Jail. 1300 hours - Deputy Knight responded to a residence at the 78000 block of Terra Cotta Court to investigate a reported suicide. He found an adult male hanging by the neck inside a bedroom. His estranged wife made the discovery when she came to the residence after not hearing from him at the normal time. She stated that he had been diagnosed with mental problems and had made suicide attempts in the past. Detectives responded and assumed the investigation. 1350 hours - Deputy Martinez responded to the area of Hwy 111 east of Washington Street to investigate a report of a reckless driver who was throwing beer bottles out of the vehicle window. He located the vehicle and a check of DMV records determined that it was a stolen vehicle out of Palm Springs. Deputies stopped the vehicle and the driver, Jose Sauceda was arrested for possession of stolen property. A passenger, Benjamin Lopez, refused to follow orders during the felony stop and was found to be intoxicated. Lopez was arrested for public intoxication and resisting arrest. Both subjects were found to be on active parole. 1620 hours - Deputy Alvarado arrested William Bender for drunk driving at Washington and Avenue 47. 1810 hours- Deputy Taylor arrested Ty Welty and Jeremy Ketchem following a traffic enforcement stop at Avenue 47 and Washington. Welty was arrested for an outstanding felony burglary warrant and Ketchem was taken into custody for possession of a deadly weapon. Ketchem had manufactured a fifteen -pound, twenty four -inch long, copper and metal spiked club which he had inside the front passenger seat of his vehicle. 2120 hours- Deputy Martinez arrested Alan White for an outstanding felony drug warrant following a bicycle stop at Depot Drive and Highway 111. Tuesday, 08-29-06 (62): 1247 hours- Deputies Kim and Butvidas arrested Daniel Leite for domestic battery at the 53000 block of Avenida Diaz. 1530 hours- Deputies Kim and Butvidas responded to Siena Court reference a mentally disturbed person. Danny Hirschfield had threatened to kill a roommate and then locked himself in his bedroom. Deputies Butvidas and Kim entered the bedroom and the suspect became combative. Hirschfield was subdued and subsequently taken into custody. Hirschfield had failed to take his medication for schizophrenia. Wednesday, 08-30-06 (86): 0015 hours- Deputy Hughes and Corporal Ward arrested Tara Rogers for a felony warrant for possession of stolen property following a traffic enforcement stop at Eisenhower and Calle Montezuma. 1300 hours- Deputy Darascavage responded to the 78000 block of Hwy 111 (Washington Mutual Bank) regarding a robbery that just occurred. A Hispanic male adult struck Tyler Robinson in the face while he was riding his skateboard at the location. The suspect took the victims skateboard and I -pod. Robinson added that a second suspect was standing next to the suspect that struck him and a third subject was seated in the suspect's vehicle. Robinson was not injured in the robbery. Persistent investigation by La Quinta SET deputies led to the identification and arrest of the suspect for armed robbery. 1315 hours - Deputies Ervin and Chancellor were flagged down in the area of Hwy 111 and Channel Drive regarding a man seen in a stairwell with his pants down. They located the man, a transient, but found him dressed. Deputies determined that he exhibited objective symptoms of being under the influence of a controlled substance. He was arrested and booked at the Indio Jail. 1449 hours - Deputy Darascavage responded to Kohl's on Hwy 111 to investigate a reported shoplifting. He learned that a 13-year-old girl had been caught attempting to steal a backpack full of items. Her mother, who was initially in the parking lot, gave false identification and then abandoned her daughter as she fled from the location. Deputies identified the mother as Sandy Velasquez. It was determined that she was unlicensed to drive and had a misdemeanor warrant. CPS was notified and the 13-year-old was released to an aunt, who had come to the location. Charges for child neglect and providing false identification will be filed with the District Attorney. Thursday, 08-31-06 (73): 0947 hours- Deputy Moore responded to an alarm at the 78000 block of Saguaro. Upon his arrival he located a broken bedroom window and several shoe impressions on the ground outside the broken window. Deputies responded and a perimeter was set and the K-9 unit prepared for an interior search. Prior to deploying the dog for an interior search a verbal warning was given in English and Spanish. There was no response to the admonishment. The K-9 was deployed off the leash and immediately located two unauthorized persons in the residence. There were no injuries or damage sustained during the search. 1900 hours- Deputy Reynolds investigated a report of child abuse at the 53000 block of Avenida Madero. The investigation revealed that a 14-month-old toddler had suffered a spiral fracture to his arm. The toddler's six -year -old sister disclosed abuse by her stepfather, Carlos Ivan Mercardo. C.P.S. responded and took custody of the children. During the investigation, Deputy Alexander contacted Mercardo and determined him to be drunk in public. Having been placed under arrest, he became aggressive. While being transported to jail, he kicked out the unit's window causing damage to the window frame. Mercardo vomited and passed out and had to be taken to J.F.K. for an okay to book. Mercardo was booked into the Indio Jail for drunk in public and felony vandalism. Total calls of service: 2095 49W Deputy Ismael Celaya Deputy Jason McFadden Deputy Paul Harter Deputy Randy Wedertz CITY OF LA QUINTA Special Enforcement Team August 2006 Summary of Activity Sergeant Matt Jimenez Type of Activit # of IncidentsF_Type of Activity # of Incidents Ongoing Investigations 3 Probation Searches 2 Parole Searches 2 Arrests/Filings 1 Vehicle Checks 20 Arrest Warrants Served 3 Investigation Assists 9 Programs 0 Arrest Warrants Attempted 3 Crime Prevention Hours 0 Pedestrian Checks 19 Back-ups 8 Bar Checks 0 Search Warrants 0 Follow-ups 16 Recovered Stolen Property 0 Meetings/Civil Commitments 0 Surveillance 0 Citations Issued 0 Business Contacts 0 Bicycle Time 0 Training Hours 10 ,Property Checks 0 TOTAL MILEAGE Unavailable 433 CITY OF LA QUINTA Combined School Resource Officer Report Deputy Kevin Moore La Quinta Middle School August 2006 ACTIVITY Deputy Eric Speir La Quinta High School This reporting period reflects the absence of students and normal student activity due to summer vacation. La Quinta Police Department School Resource Officers (S.R.O.), working cooperatively with Youth Accountability Team (Y.A.T.) Probation Officers, conducted a three week "Boot Camp" for twenty-five La Quinta Middle School students. Cadets received instruction in a broad range of topics such as: Drill and Ceremonies, First Aid and C.P.R., Defensive Tactics, Drug and Alcohol Abuse and Gang Awareness. Parents were invited to attend a special lecture addressing the topic of the myspace.com website. Cadets observed a K-9 demonstration, forensics demonstration, Riverside County Sheriff Helicopter display and a S.W.A.T. static display. Boot Camp Cadets were also taken on a tour of the Riverside County Courthouse and jail in Indio. Three wards from the Riverside County Juvenile Hall "Choices Program" visited the Boot Camp during the second week. Cadets participated in a team competition involving an obstacle course, a balloon toss and padded fighting sticks. Twenty-three of the cadets successfully completed the requirements of the Boot Camp and were recognized as Boot Camp Graduates. On behalf of the entire "Boot Camp" faculty, we want to express our gratitude to the City of La Quinta for supporting and funding this program. Plans are already underway for "Boot Camp 2007" where the children of our community will be equipped with tools and skills that will prepare them for making positive life decisions. 43 4 CITY OF LA QUINTA ...,mmunity Programs Coordinator Report August 2006 Thomas Fowler Community Service Officer II SUI1 ma1'V of ACtIVItV Type of Activit Number Crime Prevention Consultations 4 Crime Prevention Articles and Reports 4 Community Safety Programs 1 Community Meetings Attended 2 C.P.T.E.D. Inspections 2 Training 9 Hrs. Patrol Duties 30 Hrs. SIGNIFICANT ACTIVITY 1. Worked in cooperation with the Volunteer Coordinator for the La Quinta Police Department and the Target department store in support of their Community Safety Fair. Volunteers reported a positive contact with more than two hundred residents from the City of La Quinta and throughout the Coachella Valley. 2. Conducted a C.P.T.E.D. (Crime Prevention Through Environmental Design) inspection of the Fred Wolff Bear Creek Nature Preserve. 3. Completed the NIMS (National Incident Management System) and SEMS (Standardized Emergency Management System) training class. 4J'5 C.S.O. Steve Grissom C.S.O. Monica Santillanes C.S.O. Thomas Fowler CITY OF LA QUINTA Community Service Officer Report August 2006 Summary of Activi Type of Activit Number of Incidents Burglary Investigations 11 Grand Theft Reports 3 PettyTheft Reports 7 Vandalism/Malicious Mischief Reports 5 Traffic Collision Response 17 Vehicle Code or Parking Citations 25 Abandoned Vehicles Tagged/WarningTagged/Warning 20 Towed Vehicles 6 Lost or Found Property Reports 7 Stolen Vehicle Report 1 Public Assistance 10 Custodial/Non-Custodial Transports 32 Miscellaneous Calls 6 4.jv CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report August 2006 Volunteer Coordinator: Danese Maldonado Summary of Activitv Office Activity Number Patrol Activity Number Monthly Volunteer Hours 248 Patrol Hours 91 Hours YTD 1,715 Business Checks 39 Hours 4/03 to Present 10,093 Vacation Checks 63 CPO Monthly Visits 136 Road Debris Removal 4 CPO YTD Visits 928 Traffic Control 1 CPO 4/03 to Present 7,089 Training Hours 74 Training Hours 0 Community Safety Event 8 hrs. YTD Patrol Hours 111 HIGHLIGHTS 1 . Volunteers continue to fulfill data input duties concurrent with staffing the City of La Quinta Community Policing Office. 2 . Currently, twenty-two volunteers are actively serving their community through the La Quinta Police Department volunteer program. 3 . Volunteers represented the City of La Quinta and the La Quinta Police Department at a community safety fair hosted by the Target department store. Volunteers distributed child identification kits and other safety related brochures to those who attended. The Citizens On Patrol vehicle was also on display at the location. 4 . Citizens on Patrol now has nine qualified volunteers with two volunteers 437 J currently in the background investigation process. Corporal Andy Gerard CITY OF LA QUINTA Post 503 Explorer Report August 2006 SIGNIFICANT ACTIVITY Post 503 Explorers attended and successfully completed the Riverside County Sheriffs Department 2006 EXPLORER ACADEMY. A total of sixty-four explorers from Riverside County Explorer Posts attended the academy which was held at the Ben Clark Training Center in Riverside. During the course of the academy, Post 503 Explorers received practical training in the following areas: criminal law, law enforcement ethics, patrol scenarios, driving under the influence of alcohol/drugs investigations, physical conditioning, defensive tactics, team competitions, forensics, firearm safety, target shooting, marching and close order drill instruction. Special presentations were made by Sheriffs Department special teams and dispatch services. Post 503 members were awarded graduation certificates at the conclusion of the academy in recognition of their participation and accomplishment in completing the academy program. Corporal Andy Gerrard and Motor Officer Manny Alvarado accompanied the explorers and assisted academy personnel with the academy program. 4%3's8 Department Report: Uf, TA I-)t'LICI Served by the Riverside County Sheriffs Deperiment Crime Statistics Summary July -- 2006 Prepared for n� co CD CD 0 0 cn m CD _1 3 A N 0 o i m K ; G) mZ n m O D O Z m X w m �o 0 z D z c C p r �z D 0 0 rn z ou -� IV O In � 4 Z C� rn Z LL Z� I C-). CD c CO m n, a ti a 0 C CD o_ 0 c CD v C Q —1 z n _O n CD W -1 O U1 A W N -i o �o-i z>r—<w>X X = nCc,) 0 Zxwxmxwm->OO y z ZM0005G)DoomC� O Z r r- C m T D C ?c�--� z m�-� v m -n r < � -i z z Cl) n 0 o N w-4M�rnow-4CJI 0-'O0 N < or m C) o 3 O .� „ S. y A o c w �I Co to v O N N W O O `< ` D N O A 4 cc cn -' N V N O�0 W O� W C) 0 to N 00 O N 0 CA CD N U1 — A 0� 0 OD O 0 0 0 N to N —' C:) C N O t�Ll 4.4 � X n 4 m Z �Np � O o o Z I� D O pX O O O o0 � � n m cn =. r D = o� 0 jo 0o m� OD� � m y C Z n m D _ 0 �Zc m O. w N C W 110 � p ol O 0 Month to Month Crime Comparison - July ■ JULY 2006 a JULY 2005 100 81 80 -73 60 r 40 At I 20 0 0 0 0 I14 1 3 Fv 0 0 0 FDACCEE RAPE ROBBERY ASSAULT, FELONY BURGLARY V&ICLETFEFT LAROWHTT ARSON Year to Date Crime Comparison -JULY ■ YM zoos ■ YM 2005 600 12 500 500 423 432 400 300 200 100 79 79 116 0 0 3 1 12 7 8 0 HO0M RAPE ROBBERY ASSAULT, FELONY BURGLARY VBiCLETHEFf LARC&lYMiEFT ARSON JULY 2006 Month to Month Traffic Activq Comparison a JULY 2005 350 322 295 300 I i 250 i 200 I I 150 i 100 56 50 19 19 3 7 0 1 0 TRAFFIC CITATIONS TIC NON•INJURY DUI TIC INJURY TIC FATAL 443 2500 2001 2000 1500 1000 500 -- 0 Month to Month Calls for Service Comparison July 2006 733 645 1268 � 1199 Total Non -Criminal Criminal ® 06-Jul m 05-Jul COUNCIL/RDA MEETING DATE: September 19, 2006 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving a One -Year Extension of Time for Tentative Tract 31910, the Subdivision of Approximately 38 Acres into 130 Single -Family Lots for the Property Located on the West Side of Monroe Street, Approximately '/4-mile North of Avenue 58. Applicant: Desert Elite, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a one-year time extension for Tentative Tract 31910, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW The project site is bounded on the east by Monroe Street, the south by the Piazza Serena residential development, the west by the Palms Golf Course, and on the north by the Palms residential development (Attachment 1). The project consists of 130 single-family detached homes situated on approximately 38 acres. The lots range in size from 8,000 to 14,000 square feet, with an average of approximately 8,770 square feet. The tract is laid out in an offset grid pattern with a combination of cul-de-sacs and looped streets.. Access to the tract is off of Monroe Street, located at the southeast corner of the site. Tentative Tract Map 31910 (Attachment 2) was originally considered by the Planning Commission on March 23, 2004. At that meeting, the Planning Commission adopted Resolution 2004-024, recommending to the City Council approval of the Tentative Tract Map. On April 6, 2004, the City Council voted to adopt Resolution 2004-46, approving the Tentative Tract Map. Substantial Conformance was granted on July 28, 2005 by the Public Works Department that 4 15 modified the tract boundaries, reduced the number of buildable lots from 132 to 130, addressed minor street realignments, adjusted pad elevations and lot sizes, and redesigned retention basins. A Site Development Permit for the project landscaping and homes, SDP 2005-851, was approved on February 28, 2006. General Plan Designation: LDR (Low Density Residential) Zoning: RL (Low Density Residential). Surrounding Zoning/Land Uses NORTH: Couples Court; The Palms Golf Club (TR 28983) SOUTH: Piazza Serena JR 30092) EAST: Monroe Street; Riverside County WEST: Golf Course; The Palms Golf Club JR 28983) Project Request The applicant is requesting a one-year time extension to finalize the tract map and to proceed with build -out of the project. Under the Subdivision Map Act, an applicant has two years from the date of approval to submit a Final Map for recordation. If the applicant cannot finalize the map within the two years, a one- year extension can be granted. A total of three one-year extensions can be granted for any Tentative Tract Map. A number of improvements on the project site have been completed or are in progress. On -site curb and gutter, sewer, water, and storm drain improvements are 100% complete. Rough grading is approximately 90% complete and pad certifications have been obtained for 104 of the lots. On -site and off -site street improvements, as well as off -site storm drain improvements are ready to begin. Plans with Imperial Irrigation District, Verizon, The Gas Company, and Time Warner Cable have been approved and all agreements have been executed. Within the next year, the applicant intends to obtain Final Map approval, begin construction on the model units, and ultimately start construction on the homes. Environmental Considerations The City of La Quinta Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003-496 for Tentative Tract Map 31910 which was certified on April 6, 2004. No changed circumstances or conditions are proposed, or new information submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. Public Notice This request was advertised in The Desert Sun newspaper on September 8, 2006 and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. Public Agency Review The request was sent out for comments, with any pertinent comments received incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission reviewed this time extension request at its meeting of July 25, 2006 (Attachment 3). The Planning Commission determined the project was acceptable and adopted Resolution 2006-027, recommending approval of the request, subject to Conditions of Approval. Applicable comments received from the Public Works Department have been included as revisions to Conditions 4, 20, 21, and 55 in the recommended Conditions of Approval, and are summarized as follows. • Condition 4 affects construction activities that disturb one acre or more of land. • Condition 20 affects the preparation and submittal of improvement plans. • Condition 21 helps the applicant navigate to the Online Engineering Plan Archive. • Condition 55 changes an Engineering Bulletin number. The amended conditions bring the project into compliance with new procedures and programs that have been implemented since the original tract map approval, and do not affect the project's design. The applicant has been notified and is in agreement with the changes. FINDINGS AND ALTERNATIVES: The proposed Tentative Tract Map extension complies with applicable City requirements. The Findings to approve this request can be made as noted in the attached Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving a one-year time extension for Tentative Tract 31910, subject to Conditions of Approval; or 2. Do not approve a Resolution of the City Council approving a one-year time extension for Tentative Tract 31 91 O; or 3. Provide staff with alternative direction. Respectfully submitted, ZP042 amn'�� Douglas R. eevelopment ns Community Director Approved for submission by: l ' Thomas P. Genovese, ity Manager Attachments: 1. Location map 2. Tentative Tract Map Exhibit (Council only) 3. Planning Commission minutes for the meeting of July 25, 2006 4IS RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 31910 TO SUBDIVIDE APPROXIMATELY 38 ACRES INTO 130 SINGLE-FAMILY AND OTHER COMMON LOTS FOR THE PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET, APPROXIMATELY 1/4-MILE NORTH OF AVENUE 58 CASE NO.: TENTATIVE TRACT MAP 31910, EXTENSION #1 APPLICANT: DESERT ELITE, INC. WHEREAS, the City Council of the City of La Quinta, California did, on the 191h day of September, 2006, hold duly noticed Public Hearing to consider a request by Desert Elite, Inc. to grant a one-year time extension for a Tentative Tract Map that creates 130 single-family and other common lots on ± 38 acres located on the west side of Monroe Street, approximately '/4-mile north of Avenue 58, in a Low Density Residential Zoning District, more particularly described as: APN: 772-270-009 WHEREAS, the Community Development Department published the public hearing notice in The Desert Sun newspaper on September 8, 2006, as prescribed by Section 13.12.100 (Public Notice Procedure) of the Subdivision Ordinance and public hearing notices were mailed to all property owners within 500 feet of the tract map site; and WHEREAS, the Community Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003- 496 for Tentative Tract Map 31910 which was certified on April 6, 2004. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent Environmental review pursuant to Public Resources Code Section 21 166; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 251h day of July, 2006, hold a public hearing to consider this request, and upon hearing and considering all testimony and arguments, including the applicants, approved the revised Conditions of Approval, by adoption of Planning Commission Resolution 2006-027, recommending to the City Council approval subject to conditions; and, 44 City Council Resolution No. 2006- Tentative Tract Map 31910, Extension 1 Desert Elite, Inc. September 19, 2006 WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approving a Time Extension of said Map: Finding A - Consistency with the General Plan, Zoning Code and any applicable Specific Plans. The property is designated Low Density Residential (LDR) which allows up to four residential units per acre. The Land Use Element of the General Plan encourages differing residential developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan insofar as the creation of average 9,000 square foot residential lots will provide another type of housing market for La Quinta residents. Conditions are recommended requiring on- and off -site improvements based on the City's General Plan Circulation Element provisions. The property is designated Low Density Residential (RL) and is consistent with the City's Zoning Ordinance in that lots exceed the City's minimum of 7,200 square feet. However, each proposed lot is large enough to support building detached housing units that are a minimum size of 1,400 square feet, excluding garage parking areas. All plans for future single-family homes will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding B - Site Design and Improvements Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private interior streets will provide access to each single-family lot in compliance with City requirements, as prepared. Improvements on Monroe Street will be guaranteed as required by the City's General Plan Circulation Element at the time the final map is considered pursuant to Section 13.20.100 of the Subdivision Ordinance. Provisions shall be made to the map's design to allow the project to be gated, ensuring adequate vehicle stacking and turnaround areas. City Council Resolution No. 2006- Tentative Tract Map 31910, Extension 1 Desert Elite, Inc. September 19, 2006 The subdivision layout is consistent with the Land Use Vision Statement in the City's General Plan, which focuses on the facilitation and integration of development, through desirable character and sensitive design residential neighborhoods to enhance the existing high quality of life. Findings C through E - Compliance with the California Environmental Quality Act A Mitigated Negative Declaration has been previously certified on April 6, 2004. After evaluation, the Community Development Department has determined that the proposed Map has no changed circumstances or changed conditions which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. Finding F - Public Health Concerns The design of the proposed subdivision map and related improvements are not likely to cause serious public health problems, in that responsible agencies have reviewed the project for these issues with no significant concerns identified. The health, safety and welfare of current and future residents can be assured based on the recommended conditions, which serve to implement mitigation measures for the project. The Fire Department has evaluated the street design layout and approved the project as planned. Site improvements comply with City requirements provided on -site water retention is handled in common basin(s). Dust control measures shall be required during any further on -site construction work as required by Chapter 6.16 of the Municipal Code. The site is physically suitable for the proposed land division, as the area is relatively flat and without physical constraints, and the Map design is consistent with other surrounding parcels. That under the City's policy for parks and recreation development, found in the City's General Plan (Chapter 5), the City's goal is to provide three (3) acres of park land per 1,000 residents pursuant to Policy 2; this project will provide payment to the City for recreation facilities outside the Tract's boundary which is allowed pursuant to Chapter 13.48 of the Subdivision Ordinance. Finding G - Site Design (Public Easements) Public easements will be retained and required in order to construct any houses on the proposed lots, ensuring adequate facilities for future homeowners in compliance with Section 13.24.100 of the Subdivision Ordinance. 4 City Council Resolution No. 2006- Tentative Tract Map 31910, Extension 1 Desert Elite, Inc. September 19, 2006 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described Time Extension for Tentative Tract Map 31910 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 19th day of September, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION NO. 2006- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 31910 EXTENSION 1 DESERT ELITE, INC. SEPTEMBER 19, 2006 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 Tentative Tract Map, or any Final Map recorded thereunder. 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. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency. The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-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"). 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") (8.70.020 (Definitions), LQMC): 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 approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 5. 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 2, City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 emergency services and for maintenance, construction and reconstruction of essential improvements. 6. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 11 Monroe Street (Primary Arterial, Option A, 110' ROW) — The standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except for an additional right of way dedication at the primary entry of 67 feet from the centerline and a minimum 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 8. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1. Private Residential Streets measured at gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on - street parking is prohibited, and provided there is adequate off- street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. KNUCKLE 1) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the entry similar to the lay out shown on the rough grading plan. 10. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 1 1 . When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 12. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet width with express written approval of IID. 13. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: ,4- 456 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 A. Monroe Street (Primary Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Monroe Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. 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. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 18. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shal► be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. 4J` 5 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 19. 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 Section 13.24.040 (Improvement Plans), LQMC. 20. The following improvement plans shall be prepared and submitted for review and approval by the Public Works 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 Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. U E. Off -Site Street Improvement/Storm Drain Plan Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and 453 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 landscape setback area. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. The following plans shall be submitted to the Building & Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building & Safety Director 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. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal 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. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. 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. 21. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online engineering 4" City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Library hyperlink. 22. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 23. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 24. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 25. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits :g 46 0 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 26. Depending on the timing of the .development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 27. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. L_ 4 G 1 9 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 28. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance -of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. 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 qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with `416 4 G 2 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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 as submitted with its application for a grading permit. 32. 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. 33. 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 (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 0 .5") in the first eighteen inches (18") behind the curb. 34. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 35. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 4G3 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Applicant shall revise the building pad elevations of lots 42 thru 51, and lot 54 as necessary to comply with this requirement. The retention basin concept shall also be revised to accommodate the revised drainage pattern. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 37. Prior to any site grading or grading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. 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. 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. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAINAGF 39. The applicant shall revise the proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97-03 and to accommodate the revised building pad elevations of lots 42 thru 51, and lot 54. 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 tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. vi r 464 City Council Resolution No. 2006- Conditions of Approval - Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 40. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 41. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 42. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 43. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 44. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97-03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 45. 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 Section 9.100.040(B)(7), LQMC. 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 47. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. _z3 465 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 50. The applicant shall consult with, and obtain clearances from, CVWD, in regard to the following identified Bureau of Reclamation (BOR) facilities, prior to issuance of any grading or building permits: • Lateral #123.4-2.3 • Meter # 1913 • Tile Drainage System #427 51. 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. 52. 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. 53. 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. STREET AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. u14 quo City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 55. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Monroe Street, Primary Arterial Option A - 1 10' R/W ): Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at Primary Entry if required by a traffic study prepared for the applicant per Engineering Bulletin #03-08. The north curb face shall be located fifty five feet (55') west of the centerline. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. 4( 15 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 c) Half width of an 18 foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate full turn movements at the entry. d) A County of Riverside benchmark in the Monroe Street right of way established by a licensed surveyor. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). The applicant shall attempt to acquire necessary ROW for Monroe Street along the frontage of the property located at 57161 Monroe Street (APN 764-010-010 to connect the above required improvements. Applicant shall bear the costs and responsibility for acquisition, design and construction of required Monroe Street improvements within the ROW along this additional frontage. The applicant shall coordinate this effort through the Public Works Department. The applicant is responsible for construction of all improvements mentioned above. B. PRIVATE STREETS 1) Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line except for the Lot A entry drive. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bul.b using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. L _16 4 63 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 56. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic (minimum 60 feet from the curb face to the voice box); and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 57. 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: Residential 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. 58. 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. 59. General access points and turning movements of traffic are limited to the following: Primary Entry (South portion of Tentative Tract Map on Monroe Street): Full turn movements are allowed. 4 17 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 60. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 61. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawir)gs 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. CONSTRUCTION 62. The City will conduct final inspections of habitable buildings only when the buildings have improved street 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. 63. In conjunction with the preparation of on -site soil analysis, as required by the Building Department and City. Engineer prior to issuance of building permits, the applicant's geologist shall also submit a liquefaction study which demonstrates the site's depth to groundwater, and includes mitigation measures if needed. LANDSCAPING 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 67. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 68. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 69. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 70. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 71. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 72. Upon completion of construction, 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," "As -Built" or "As -Constructed" 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 AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. 471 19 City Council Resolution No. 2006- Conditions of Approval - Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 MAINTENANCE 73. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 74. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 75. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. 76. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). COMMUNITY DEVELOPMENT 77. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street patter, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors. This shall include increase or decrease in number of lots meeting the general criteria above, but involving a change of no more than 5% of the total lot count of the Tentative Map as approved. Any revisions that would exceed the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. 78. Prior to any non-agricultural ground disturbing activity on the site, and within 48 hours of the initiation of such activity, the project proponent shall cause the site to be surveyed by a qualified biologist for burrowing owls. Should the species be identified on site, passive relocation, in conformance with the biologist's recommendations and protocol in place at the time, will be ::zo472 City Council Resolution No. 2006- Conditions of Approval — Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 completed prior to the initiation of any activity. The biologist shall submit a written report to the Community Development Department prior to issuance of any ground disturbing permit on the project site. 79. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the Community Development Department prior to issuance of first earth -moving or clearing permit, whichever occurs first. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department prior to issuance of building permits on the site. The final report on the monitoring shall be submitted to the Community Development Department prior to the final inspection of the project. 80. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 81. On- and off -site monitoring in areas identified as likely to contain paleontological resources shall be conducted by 'a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of the first earth -moving permit, of before any clearing of the site as begun. 82. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 83. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and 2473 City Council Resolution No. 2006- Conditions of Approval - Recommended Tentative Tract Map 31910 Extension 1 Desert Elite, Inc. September 19, 2006 inventory, when submitted will signify completion of the program to mitigate impacts to pale ontological resources. 84. Collected resources and related reports, etc. shall be given to the City. Packaging of resources, reports, etc. shall comply with standards commonly used in the pale ontological industry. 85. Landscaping plans for the units shall comply with the City's Water Efficient Landscaping Ordinance for this project and as approved by the Planning Commission. Said landscaping plans shall include a complete irrigation system showing location and size of water lines, valves, clock timers, type of sprinklers, etc. Prior to the issuance of any building permits the landscape plans shall also be approved by the Coachella Valley Water District before final approval by the Community Development Department. 86. The proposed recreation lot, shown as Lot "S" on the tentative map, shall be appropriately landscaped and improved with recreational amenities. The proposed landscaping and amenity plans shall be prepared based on the direction of the Community Development and Community Services Departments, subject to review by the ALRC and approval by the Planning Commission. FIRE DEPARTMENT 87. Fire Department plan check is to run concurrent with the City plan check. Specific fire protection measures will be determined at the time of plan check. SHERIFF DEPARTMENT 88. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. �., ..22 4 f 4 R� I fin 00 fimm g�FF-- t 66@ sw mq s sbt>0I FZx 11,10H J� ,fill ATTACHMENT 1 i F b PW 3 ATTACHMENT 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 25, 2006 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Quill who asked Commissioner Alderson to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, and Chairman Paul Quill. It was moved and seconded by Commissioners Daniels/Barrows to excuse Commissioner Engle. Unanimously approved. C. Election of Chair. It was moved and seconded by Commissioners Alderson/Barrows to elect Paul Quill as Chair. There being no further nominations, Paul Quill was elected as Chair. D. Election of Vice Chair. It was moved and seconded by Commissioners Daniels/Barrows to elect Ed Alderson as Vice Chair. There being no further nominations, Ed Alderson was elected Vice Chair. E. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Planning Manager Les Johnson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of the July 11, 2006 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: None. A. Tentative Tract Map 31910, Extension #1; a request of Desert Elite, Inc. for consideration of a one-year extension of time for a subdivision of approximately 38 acres into 130 single-family lots and other common lots for the property located on the west side of Monroe Street, north f�.,�,, Avenue 58. 310 G:\WPDOCS\PC Minutes\2006\7-25-06.doc Planning Commission Minutes July 25, 2006 1. Chairman Quill opened the public hearing and asked for the staff report. Community Development Director Doug Evans presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if time extensions could be streamlined to allow staff to approve them if there are no changes. Assistant City Attorney Michael Houston stated the Subdivision Map Act gives the life of a tentative tract a life of two years. It also allows an applicant to seek up to five years. The City's Zoning Code allows one year or more if the decision law so desires. Could this be done administratively, the Map Act could allow it, but the City's Subdivision Ordinance probably requires the Commission to allow the extension, because the Planning Commission and City Council approved it originally. Commissioner Daniels asked if there are no changes, could it be approved administratively. Community Development Director Doug Evans stated there are provisions in the Code for certain permits to be approved administratively. The practice in La Quinta is for them to go before the Commission and Council. Staff will review the Code and report back at the next meeting. 3. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. John Pedalino, representing the applicant, stated the off -site sewer and water have been completed. The precise grading has been approved and once the extension is approved they are prepared to take the final map forward for approval. 4. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 5. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2006-027, recommending approval of Tentative Tract Map 31910, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, and Chairman Quill. NOES: None. ABSENT: Commissioner Engle. ABSTAIN: None. 4 7 2 Tjhf 4 4 a" I : BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: COUNCIL/RDA MEETING DATE: May 16, 2006 PUBLIC HEARING: ITEM TITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approval an Agreement to Sell Real Property Located at 53-925 Avenida Martinez By and Between the La Quinta Redevelopment Agency and Cynthia R. Guevara RECOMMENDATION: Approve the Agreement to sell real property located at 53-925 Avenida Martinez to Cynthia R. Guevara to maintain an affordable housing unit for a purchase price of $165,000. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $68,000 from sale proceeds. The Agency would also provide a $96,000 silent second trust deed loan to insure that the dwelling is affordable to a very -low income household for 45 years. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Prior to the bankruptcy, the Agency invested $1 .0 million to maintain the dwellings as very low income rental units. Since then, the Agency has substantially rehabilitated these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very -low income households. The proposed sale is the twenty-fourth (24th) unit to be sold; thirteen (13) of these units were sold to existing, tenants and eleven (1 1) to non -tenant households. The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-295 Avenida Martinez within La Quinta Redevelopment Project Area No. 1 ("Property"). The proposed purchaser has taken the required actions to qualify for a first trust deed loan, and qualifies in the very -low income category. The sale transaction would be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for $165,000, with the buyer funding a 3% down payment and a private lender originating an $64,050 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $96,000 of its equity in the property into a silent second trust deed loan. A Summary Report is provided. (Attachment 1) This unit has been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Agreement to sell real property located at 53-925 Avenida Martinez to Cynthia R. Guevara to maintain an affordable housing unit for a purchase price of $165,000 and authorize the Executive Director to execute the necessary documents; or 2. Do not approve an Agreement to sell real property located at 53-925 Avenida Martinez to Cynthia R. Guevara; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R vans Commu ' y Development Director Approved for submission by: l Thomas P. Genovese, City Manager Attachment: 1. Summary Report 4 7 3 Attachment 1 SUMMARY REPORT FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CYNTHIA R. GUEVARA September 19, 2006 INTRODUCTION This document is the Summary Report ("Report") for the proposed Sale Agreement ("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Cynthia R. Guevara ("Buyer"). The Agreement facilitates the sale of an Agency owned single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code (California Community Redevelopment Law) and presents the following: • A summary of the proposed transaction. • The cost of the sale to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. The Subject Property The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-925 Avenida Martinez within La Quinta Redevelopment Project Area No. 1 ("Property"). In August, 1995, the Agency acquired 50 single family homes to remove them from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Known as the La Quinta Rental Housing Program, these dwellings were rented to very low income Section 8 households. In February 1998, the Agency directed staff to sell two units per year first to qualified tenants, and second, to other eligible very low income households. Since 1998, the Agency has also been substantially rehabilitating these units in order to count them towards that Agency's affordable housing production requirements. State law requires that an existing dwelling be substantially rehabilitated (wherein the rehabilitation costs are 4SO 25% or greater than current market value) in order to count them as part of the Agency's affordable housing production efforts. Property rehabilitation costs have been funded from rental income. The existing tenant recently vacated the property and per Agency policy, staff initiated the sale of this unit to a very low income household. A SUMMARY OF THE PROPOSED TRANSACTION The Agreement facilitates the sale of the Property to the Buyer, who will occupy the dwelling. The $165,000 sales price will be funded through a combination of the Buyer's 3% down payment, a $64,050 first trust deed mortgage, and $96,000 of the Agency's equity that will be converted into a silent second trust deed loan. This second trust deed loan will include covenants to insure that the Property will remain affordable to very low income -household for 45 years. THE COST OF THE SALE TO THE AGENCY The Agency has invested $127,750 in the Property through a combination of the $86,500 initial purchase cost and $41,250 of expenses related to substantially rehabilitating the dwelling. Since 1998, the Agency has been substantially rehabilitating the Rental Housing Program units in order to count them towards the Agency's affordable housing production requirements. State law requires that existing dwellings be substantially rehabilitated (wherein the rehabilitation costs are 25% or greater than current market value) in order to count them as part of the Agency's affordable housing production efforts. Property rehabilitation costs were funded from rental income. Per the Agreement the Agency will sell the Property for $165,000; of this amount the Agency will receive $68,000 in sale proceeds and convert $96,000 of its. equity into a silent second trust deed mortgage loan of $96,000 in order to insure that the annual costs are affordable to very low income households. The Agency will recover 41 % of its investment to date from the sale proceeds. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USES PERMITTED BY THE AGENCY'S REDEVELOPMENT PLAN The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. Current residential property sales for like dwellings in the Cove market area indicate values of $290,000 to $325,000 for three bedroom, two bath single family dwellings in good condition. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED DETERMINED BY THE USE, AND WITH THE CONDITIONS, COVENANTS The Agreement provides that the Property will be sold for $165,000. This value was selected in order to facilitate the sale at a cost affordable to a very low income household. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE -ELIMINATION OF BLIGHT The Agreement does not eliminate blight in that it does not facilitate a transaction that remedies blight. Instead the Agreement expands the supply of affordable ownership housing in the Project Area. Prior to the sale, the Agency substantially rehabilitated the Property to extend the Property's economic life, to reduce the maintenance burdens for the family that will occupy this unit, and to improve operating efficiencies by installing low water landscaping and efficient heating, air conditioning and water heating devices. The Agreement includes covenants that require the dwelling to remain affordable to very low income households for a 45 year period. This effort not only preserved housing that was affordable to very low income households but will also insure that this dwelling remains affordable for the longest feasible time. 482