The URL can be used to link to this page

2020 08 04 Council CITY COUNCIL AGENDA 1 AUGUST 4, 2020 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, AUGUST 4, 2020 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION ****************************** SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, and N-35-20, executed by the Governor of California in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this meeting by teleconference. Members of the public wanting to listen to the open session of this meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live. Members of the public wanting to address the City Council during the open session, either for public comment or for a specific agenda item, or both, may do so in person or via teleconference by sending an email notification to the La Quinta City Clerk’s Office at CityClerkMail@LaQuintaCA.gov, and specifying the following information: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written or Verbal Comments The email “subject line” must clearly state “Written Comments” or “Verbal Comments.” City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA 2 AUGUST 4,2020 Verbal public comments via teleconference – requests to speak must be emailed to the City Clerk no later than 3:00 p.m. on the day of the meeting; the City will facilitate the ability for a member of the public to be audible to the City Council and general public for the item(s) by contacting him/her via phone and queuing him/her to speak during the discussion. Only one person at a time may speak by telephone and only after being recognized by the Mayor. Written public comments must be received by the City Clerk’s Office no later than 3:00 p.m. on the day of the meeting, and will be distributed to the City Council, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request. ****************************** CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957. CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY 2.CONTINUED FROM JULY 21, 2020 – ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER RECESS TO CLOSED SESSION CITY COUNCIL AGENDA 3 AUGUST 4,2020 RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS - NONE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF JULY 21, 2020 9 2. AWARD CONTRACT TO BUNKER CONSTRUCTION, INC FOR CONSTRUCTION OF THE FRITZ BURNS PARK SIDEWALK AND PARKING PROJECT NO. 2017-22, LOCATED ON THE NORTH SIDE OF FRANCIS HACK LANE ADJACENT TO THE SKATE PARK, AND APPROPRIATE RELATED FUNDING 19 3. AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE WASHINGTON STREET PAVEMENT REHABILITATION PROJECT FROM CALLE TAMPICO TO SAGEBRUSH AVENUE (PROJECT NO. 2020-04) 25 4. AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE TRIPLE LEFT TURN PROJECT (PROJECT NO. 2017-01) 31 5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC. FOR POOL AND WATER FEATURE MAINTENANCE (PROJECT NO. 2020-11) 39 6. APPROVE AMENDMENT NO. 5 TO AB 2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM 77 CITY COUNCIL AGENDA 4 AUGUST 4, 2020 7. APPROVE CHANGE ORDER NO. 11 TO CONTRACT WITH URBAN HABITAT FOR THE SILVERROCK PARK VENUE PROJECT NO. 2016-08 FOR IRRIGATION POINT OF CONNECTION MODIFICATION, SEWER LINE MODIFICATION, RESTROOM CIRCUIT BREAKER PANEL, AND REPLACE STOLONS WITH HYDROSEED 83 8. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE CODORNIZ RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 32070) LOCATED ON THE SOUTHEAST CORNER OF AVENUE 52 AND JEFFERSON STREET 103 9. ACCEPT THE ELECTRIC VEHICLE CHARGING STATIONS PROJECT LOCATED AT LA QUINTA PARK AND THE NORTHEAST CORNER OF WASHINGTON STREET AND HIGHWAY 111 (PROJECT NO. 2019-12) 107 10. ADOPT RESOLUTION TO APPROVE TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2017-0012, INCLUDING SITE PLAN, ARCHITECTURAL DESIGN AND LANDSCAPING FOR PLANNING AREA 2 OF THE CENTRE AT LA QUINTA SPECIFIC PLAN; LOCATION: SOUTHWEST CORNER OF AUTO CENTER DRIVE AND LA QUINTA DRIVE; CEQA: REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 2017-0009 AND NO FURTHER REVIEW IS REQUIRED [RESOLUTION NO. 2020-028] 113 11. APPROVE DEMAND REGISTERS DATED JULY 17 AND 24, 2020 215 BUSINESS SESSION PAGE 1. CONTINUED FROM JULY 21, 2020 ADOPT RESOLUTION GRANTING ESSI ENGINEERING A WAIVER OF UNDERGROUNDING UTILITY LINES IN ASSOCIATION WITH DESERT CLUB APARTMENT DEVELOPMENT LOCATED AT 51480 DESERT CLUB DRIVE (PROJECT NO. UW 2020- 0001) [RESOLUTION NO. 2020-029] 233 2. APPROVE FISCAL YEAR 2020/21 MARKETING STRATEGIES AND MEDIA PLAN 251 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH BANK OF NEW YORK MELLON TRUST COMPANY, N.A. FOR CUSTODY SERVICES 261 STUDY SESSION PAGE 1. DISCUSS PROPOSED UPDATES TO GOLF CART PROGRAM AND MAP 281 CITY COUNCIL AGENDA 5 AUGUST 4, 2020 PUBLIC HEARINGS – after 5:00 p.m. For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. PAGE 1. ADOPT RESOLUTION TO APPROVE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE 2020/21 PROPERTY TAX ROLL [RESOLUTION NO. 2020-030] 293 DEPARTMENTAL REPORTS 1. CITY MANAGER – COVID-19 EMERGENCY ECONOMIC RELIEF PROGRAM UPDATE 301 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES – COMMUNITY PROGRAMS AND WELLNESS, LIBRARY, MUSEUM AND CODE COMPLIANCE 303 5. DESIGN AND DEVELOPMENT – STVR PROGRAM ENFORCEMENT SUBCOMMITTEE REPORT 307 6. FINANCE 7. PUBLIC WORKS 8. POLICE – QUARTERLY REPORT APRIL – JUNE 2020 309 9. FIRE – QUARTERLY REPORT APRIL – JUNE 2020 311 MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Peña) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 10. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi) CITY COUNCIL AGENDA 6 AUGUST 4, 2020 11. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 13. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 14. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 15. CVAG PUBLIC SAFETY COMMITTEE (Peña) 16. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 17. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 18. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña) 26. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Peña) 19. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD HOC COMMITTEE (Peña and Radi) 20. CVAG TRANSPORTATION COMMITTEE (Radi) 21. SUNLINE TRANSIT AGENCY (Radi) 22. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez) 24. ANIMAL CAMPUS COMMISSION (Sanchez) 25. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE (Sanchez) 27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on September 15, 2020 at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on July 31, 2020. DATED: July 30, 2020 MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL AGENDA 7 AUGUST 4, 2020 Public Notices  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777- 7092, twenty-four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at (760) 777-7092. A one (1) week notice is required.  If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting.  Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL MINUTES Page 1 of 10 JULY 21, 2020 CITY COUNCIL MINUTES TUESDAY, JULY 21, 2020 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. This meeting provided teleconference accessibility pursuant to Executive Orders N-25-20, N-29-20, N-33-20, and N-35-20, executed by the Governor of California in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions of the Ralph M. Brown Act (Government Code §54950 et seq.). PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Deputy City Clerk Romane, Planning Manager Flores, Senior Planner Flores, Design and Development Director Castro, Public Works Director/City Engineer McKinney, and Management Specialist Kinley. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke in opposition of Council’s deliberations related to Closed Session Item No. 1 on the Agenda relating to the threat to public services or facilities; expressed the importance of governmental transparency; suggested that information related to threat to public services or facilities be discussed in an open forum for community input; and recommended detailed minutes be kept of closed session deliberations as a best practice. City Attorney Ihrke said pursuant to the Ralph M. Brown Act (Government Code §54950 et seq.) minutes for closed session deliberations are not required, and if minutes were kept, they would be exempt from disclosure. CONFIRMATION OF AGENDA Mayor Pro Tem Peña said he will recuse himself from discussion and vote on Business Session Item No. 1 due to a potential conflict of interest stemming from real property interest. CONSENT CALENDAR ITEM NO. 1 9 CITY COUNCIL MINUTES Page 2 of 10 JULY 21, 2020 Councilmembers Fitzpatrick and Radi said they would like to comment on Consent Calendar Item No. 4. Council concurred. CLOSED SESSION 1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957. CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY 2. ANNUAL PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY 3. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION – CITY MANAGER 4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:06 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code §54950 et seq. (Brown Act): CLOSED SESSION ITEM NO. 1 – The City Council continued the discussion of the status of state and local emergencies caused by the threat of the spread of novel coronavirus disease 2019 (COVID-19) and unanimously consented to ratify Executive Order No. 9 governing the use and occupation of short-term vacation rentals (STVR); and Round III COVID-19 Small Business Emergency 10 CITY COUNCIL MINUTES Page 3 of 10 JULY 21, 2020 Economic Relief Program modifications, which Council will consider as Business Session Item No. 2 on tonight’s Agenda. Council will recess back to Closed Session to consider Closed Session Item Nos. 2, 3, and 4 after the open session portion of the meeting. Council provided comments related to the STVR restrictions imposed by Executive Order No. 9, including the increase of complaints from residents stemming from STVR-related disturbances; importance to maintain La Quinta’s quality of life and the fabric of the community; implementing potential modifications based on recommendations provided by the City’s STVR Program Ad-Hoc Committee (Committee) following their review and evaluation of the STVR program; noted the large majority of STVR owners and operators actively manage rental activities to ensure compliance; a small number STVR properties are not able to comply with the applicable regulations; importance in finding the balance between preserving the viability of the program while protecting the community; assess the need for a 90-day moratorium on STVR licenses; directed City staff to reach out to the few problem properties’ owners and notify them that the lack of action is unacceptable, and they must ensure that guests are in compliance; excessive noise that is detrimental to the quality of life for neighbors; balancing ability to utilize STVRs and ensuring compliance with state orders restricting gatherings; noted the diverse make-up of the Committee’s membership, and requested the Committee comprehensively discuss these issues, evaluate expanding accountability to renters, and acknowledged that changes need to be made to the program. A video was played capturing amplified and excessive noise from a STVR property, which was recorded from the adjacent resident’s home. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA Mayor Evans said the following WRITTEN PUBLIC COMMENTS were received as of 3:00 p.m., which were distributed to Council, and incorporated into the agenda packet and public record of the meeting:  Greg Parker, La Quinta – related to STVR restrictions  Kimberly Estrada, La Quinta – related to STVR restrictions PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Paula Simonds, La Quinta – thanked Council and the City for providing childcare programming services 11 CITY COUNCIL MINUTES Page 4 of 10 JULY 21, 2020 at the La Quinta Museum for essential workers; and relayed the community’s gratitude for the support during these difficult times. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Brad Anderson, Rancho Mirage – spoke in opposition of City Council not documenting minutes of closed session deliberations; and expressed concerns about the mitigation services provided by the Coachella Valley Mosquito and Vector Control District. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Eddy Estrada, La Quinta – thanked the Council for their leadership; suggested the City restrict the number of STVR guests allowed in the rentals to avoid large gatherings; and spoke about his experience with false reporting’s of STVR violations, and the lack of penalties for persons who report false complaints. Council discussed that the suggestions received by Mr. and Mrs. Estrada would be submitted to the Committee for review and consideration; occupancy restrictions on STVR are already in place; issues with false reports; and importance of community input in order to improve the program. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. CERTIFICATES OF RECOGNITION COMMENDING RIVERSIDE COUNTY SHERIFF’S DEPARTMENT SERGEANT DAVID ALDRICH, DEPUTY STEVEN HUYLER, DEPUTY JAVIER PRECIADO, WITH THE LA QUINTA SPECIAL ENFORCEMENT TEAM, AND DEPUTY KEVIN MOORE, WITH THE TRAFFIC ENFORCEMENT TEAM, FOR THEIR DEDICATED PUBLIC SERVICE, BRAVERY, AND HEROIC RESPONSE TO RESIDENTIAL FIRE Mayor Evans, on behalf of the City Council presented Certificates of Recognition to Riverside County Sheriff’s Department Sergeant David Aldrich, Deputy Steven Huyler, and Deputy Javier Preciado, with the La Quinta Special Enforcement Team, and Deputy Kevin Moore, with the Traffic Enforcement Team, and expressed their gratitude for their dedicated public service, and commended them for their bravery and heroic response to a local residential fire, and successfully saving of life. 2. AMERICAN PLANNING ASSOCIATION INLAND EMPIRE CHAPTER 2020 COMPREHENSIVE PLAN-SMALL JURISDICTION AWARD HONORING THE HIGHWAY 111 CORRIDOR PLAN FOR EXCELLENCE IN PLANNING Mayor Evans, on behalf of the City Council presented Design and Development Director Castro, Planning Manager Flores, Senior Planner Flores, and Associate 12 CITY COUNCIL MINUTES Page 5 of 10 JULY 21, 2020 Planner Fernandez with the American Planning Association Inland Empire Chapter 2020 Comprehensive Plan-Small Jurisdiction award; and commended Staff and the community for their collaboration, engagement, and efforts throughout the development process of the Highway 111 Corridor Plan. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: David Dinnel, La Quinta – said 90% of guests fully comply and follow the guidelines provided by STVR owners and operators, and 10% try to deviate and require interference and monitoring by the owners and operators; expressed concerns about the adverse financial effects of the COVID-19 pandemic, and the lack of any financial assistance to STVR business-owners; and spoke in opposition of the City imposing a moratorium on STVR. CONSENT CALENDAR 1. APPROVE MINUTES DATED JUNE 16, 2020 2. APPROVE MINUTES DATED JULY 7, 2020 3. ADOPT RESOLUTION TO APPROVE MODIFICATIONS TO CODORNIZ MAINTENANCE ASSOCIATION FEE AND FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATION OF EASEMENTS [RESOLUTION NO. 2020-026] 4. AWARD CONTRACT TO URBAN HABITAT FOR CONSTRUCTION OF THE LA QUINTA LANDSCAPE RENOVATION IMPROVEMENTS PROJECT LOCATED AT LA QUINTA RANCHO OCOTILLO DEVELOPMENT, ON THE SOUTH SIDE OF FRED WARING DRIVE AND EAST SIDE OF ADAMS STREET (PROJECT NO. 2016-03E) 5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2020 6. APPROVE DEMAND REGISTERS DATED JULY 3 AND 10, 2020 MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 3 adopting Resolution No. 2020-026, respectively. Motion passed unanimously. 13 CITY COUNCIL MINUTES Page 6 of 10 JULY 21, 2020 CONSENT CALENDAR ITEM NO. 4 Councilmember Fitzpatrick commended staff for their quick and efficient progress on the citywide La Quinta Landscape Renovation Projects, and said she looks forward to having the project completed in five years instead of 10. Councilmember Radi thanked the La Quinta community for the passing of Measure G in 2016 approving a 1% Sales and Use Tax, and noted that the City is able to continue to invest in capital improvement projects and maintain the City’s infrastructure quality because of Measure G revenues. Mayor Pro Tem Peña echoed the comments noted above, and expressed Council’s gratitude to former Councilmembers’ efforts related to Measure G. BUSINESS SESSION 1. ADOPT RESOLUTION GRANTING ESSI ENGINEERING A WAIVER OF UNDERGROUNDING UTILITY LINES IN ASSOCIATION WITH DESERT CLUB APARTMENT DEVELOPMENT LOCATED AT 51480 DESERT CLUB DRIVE (PROJECT NO. UW 2020-0001) [RESOLUTION NO. 2020-027] MAYOR PRO TEM PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 1 DUE TO POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF REAL PROPERTY TO THE PROJECT SITE AND LEFT THE DAIS Mayor Evans said La Quinta resident Philip Bettencourt submitted WRITTEN PUBLIC COMMENTS expressing his disappointment that the project would not be built-out as the design was originally intended and approved. Senior Planner Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed that granting this waiver would waive the Condition of Approval requiring that utility lines be undergrounded and the poles would remain as they currently exist; and this could potentially result in a decrease of available parking. PUBLIC SPEAKER: Robert Capetz, Property Owner with Nispero Properties, Inc. – spoke on behalf of the applicant, ESSI Engineering – said not undergrounding the utility poles will not decrease the project’s number of parking; noted the project cannot move forward unless a waiver to undergrounding the utility lines is granted; explained that IID would need to install six poles instead of four if the utilities are undergrounded due to the complex network of connection at the project site; and noted that 14 CITY COUNCIL MINUTES Page 7 of 10 JULY 21, 2020 undergrounding the utility lines would be more effective if it is considered comprehensively for the entire area surrounding the project. General discussion followed whether the presence of the utility poles would have an adverse financial effect on the project; and potential to replace the existing ones with more aesthetically pleasing poles. PUBLIC SPEAKER: Travis Maston, Project Manager with Imperial Irrigation District (IID) – said the circumstances as presented by Staff and the Applicant are correct; explained the large network of connections both overhead and underground at the project’s site; and noted if the poles are undergrounded IID would have to install six instead of the existing four to maintain its ability to provide power to the adjacent parcels; and indicated the existing poles can be replaced with more appealing ones. General discussion followed about the challenges of installing additional poles when the City is trying to encourage undergrounding; the existing overhead lines and poles feed in all directions at this location and there is a complicated combination of overhead and underground primary and secondary feeds; potential impacts on the City, Developer, and the project; inefficiencies with removing and undergrounding only certain poles; the undergrounding utilities should be considered comprehensively for the entire area, inclusive of the surrounding properties in all directions; allow the developer and Staff to work with IID to identify alternatives, specific to construct underground conduits within the project site so that utility infrastructure is in place for future undergrounding; ability to impose conditions on granting the waiver; the City has conducted a city-wide undergrounding study which indicated it would be a costly project; possibility to collect in-lieu development impact fees and is it feasible to impose them; plans for city-wide undergrounding would need to be engineered, drawn, and approved by IID, the City, and phone/cable companies; IID’s ability to draft a conduit plan for future undergrounding; advised having a meeting with Applicant and IID to outline the expectations related to the project; Staff’s ability to have this item ready for re- consideration at the next regular Council meeting. Council noted that the Applicant and IID could provide alternatives for consideration, such as draft conduit installation specifications for future undergrounding; the waiver should be conditioned to require that conduits be installed on the project site; and reached a consensus to continue this item to the next regular Council meeting of August 4, 2020. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to continue consideration of this item to the next regular City Council meeting of August 4, 2020, in connection with a proposed condition 15 CITY COUNCIL MINUTES Page 8 of 10 JULY 21, 2020 of approval to be attached to the waiver related to a requirement to prepare the site for future utility lines undergrounding by trenching and installing conduit. Motion passed: ayes 4, noes 0, absent 1 (Peña). MAYOR PRO TEM PEÑA RETURNED TO THE DAIS FOR THE REMAINDER OF THE MEETING PUBLIC HEARINGS – After 5:00 p.m. – Item taken out of Agenda order 1. ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2020-028] City Clerk Radeva introduced President and CEO Terry Madsen with ClearSource Financial Services who presented the staff report, which is on file in the Clerk’s Office. General discussion followed regarding the different definitions and parameters of what constitutes a ‘housing project’ under Senate Bill 330. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:10 P.M. PUBLIC SPEAKER: James Brownyard, Vice President of Legislative Affairs with the Desert Valley Builders Association (DVBA) – spoke in support of the proposed updates to the master fee schedule; and thanked Council and Staff for allowing the DVBA to be a part of the process. PUBLIC SPEAKER VIA TELEPHONIC ACCESSIBILITY: Gretchen Gutierrez, CEO with the DVBA – spoke in support of the proposed updates to the master fee schedule; and thanked the City and Council for the collaboration with the DVBA and the support to the development community by not increasing development-related fees. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:17 P.M. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adopt Resolution No. 2020-028 to update the City’s current user and regulatory Master Fee Schedule: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES Motion passed unanimously. 16 CITY COUNCIL MINUTES Page 9 of 10 JULY 21, 2020 BUSINESS SESSION – Continued 2. APPROVE MODIFIED ROUND III COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM FOR LA QUINTA BUSINESSES IMPACTED BY CORONAVIRUS DISEASE AND RELATED BUDGET ADJUSTMENT Management Specialist Kinley presented the staff report, which is on file in the Clerk’s Office. Council discussed California Governor’s state mandate to close all indoor operations for potentially up to five weeks, and the detrimental effects this closure would have on small businesses; importance of supporting and providing financial assistance to small businesses during the closure through this mortgage/lease and utilities reimbursement program; time restraints on the reporting period to the state in order to secure the CARES Act funds; number of eligible businesses who are encouraged to apply for the program to receive a maximum of $10,000; CARES Act funding would be utilized to fund this program; business application deadline for reimbursement requests is August 31st for allowable expenses through July 31st; and directed Staff to monitor the program and evaluate the need to modify the deadline for allowable expenses if funds are still available. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to approve modified Round III COVID-19 Small Business Emergency Economic Relief Program as follows:  Offer one-time 100% one-month rent/mortgage and utility reimbursement to other La Quinta businesses, in addition to restaurants with a physical storefront, consisting of nail salons; facial and esthetician service;, shaving; waxing and threading; massage therapy; body art, tattoo and piercing; fitness centers; hair salons and barbershop;, impacted by California state mandate to cease indoor operation, for a total not to exceed amount of $10,000. Motion passed unanimously. STUDY SESSION – NONE DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS – None 17 CITY COUNCIL MINUTES Page 10 of 10 JULY 21, 2020 REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2020, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  COACHELLA VALLEY MOUNTAINS CONSERVANCY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 6:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:22 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke said the City Council continued consideration of the remaining Closed Session items and reported the following pursuant to Government Code Section 54950 et seq. (Brown Act): CLOSED SESSION ITEM NO. 2 – Council completed the City Attorney’s annual performance evaluation and reaffirmed his appointment. CLOSED SESSION ITEM NO. 3 – Council continued the City Manager’s annual performance evaluation until the August 4, 2020 regular City Council meeting. CLOSED SESSION ITEM NO. 4 – There were no actions that require reporting. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Peña to adjourn at 8:23 p.m. Motion passed unanimously. Respectfully submitted, NICHOLE ROMANE, Deputy City Clerk City of La Quinta, California 18 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO BUNKER CONSTRUCTION, INC FOR CONSTRUCTION OF THE FRITZ BURNS PARK SIDEWALK AND PARKING PROJECT NO. 2017-22, LOCATED ON THE NORTH SIDE OF FRANCIS HACK LANE ADJACENT TO THE SKATE PARK, AND APPROPRIATE RELATED FUNDING RECOMMENDATION Award a contract to Bunker Construction, Inc. in the amount of $77,585 to construct the Fritz Burns Park Sidewalk and Parking Project No. 2017-22; authorize the City Manager to execute the contract; and appropriate $17,000 from the Park Facility Development Impact Fee and Park Equipment and Facility Funds. EXECUTIVE SUMMARY •This project is located on the north side of Francis Hack Lane adjacent to the skate park (Attachment 1). •The project includes the removal of the existing temporary island, construction of sidewalk to the park, and striping of diagonal parking in front of the skate park. •Bunker Construction, Inc. of Indio, California, submitted the lowest responsible and responsive bid at $77,585 (Attachment 2). FISCAL IMPACT The adjusted budget is $94,000 from the following sources: Fund Name Account Number Original Budget Revised Budget Park Facility Development Impact Fee Fund 256-0000-99900 $5,600 Park Equipment and Facility Fund 503-0000-99900 $77,000 $88,400 Total $77,000 $94,000 CONSENT CALENDAR ITEM NO. 2 19 The following table presents the project budget: Original Budget Adjusted Budget Professional/Design: $ 6,000 $ 6,000 Inspection/Testing/Survey: $ 5,000 $ 5,000 Construction: $ 60,000 $ 77,585 Contingency: $ 6,000 $ 5,415 Total Budget: $ 77,000 $ 94,000 BACKGROUND/ANALYSIS The skate park was constructed in 2018 in the smaller existing parking lot located on the southeast side of the park after the original skate park location was re-purposed for additional tennis courts. This project will provide parking for the skate park and other park amenities. On June 18, 2020 staff solicited construction bids from qualified contractors. The City received 7 bids on July 16, 2020. Bunker Construction, Inc. of Indio, California, submitted the lowest responsible and responsive bid of $77,585. The bids came in higher than the engineer’s estimate. The shortfall is contributed to the engineer’s estimate not fully accounting for the premium placed on smaller quantities and the increase in cost to purchase bollards. Contingent upon award of the project on August 4, 2020, the following is the project schedule: Council Considers Project Award August 4, 2020 Execute Contract and Mobilize August 4 to August 28, 2020 Construction (20 Working Days) August to September, 2020 Accept Improvements October 2020 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachments: 1.Project Vicinity Map 2.Bid Comparison Summary 20 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend Notes Located at Fritz Burns Park REPORT PRINTED ON...2/7/2019 11:38:16 AM Vicinity Map Fritz Burns Park Sidewalk and Parking (2017-22) 0 12,0376, 019 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 21 ATTACHMENT 1 2017-22 FRITZ BURNS PARK SIDEWALK AND PARKING Work Area Legend 2017-22 Site 300 ft N➤➤N © 2020 Google © 2020 Google © 2020 Google 22 Bid Opening Date: 7/16/20 Bid Comparison Fritz Burns Sidewalk and Parking Lot City Project No. 2017-22 ATTACHMENT 2 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 5,000.00$ 5,000.00$ 9,900.00$ 9,900.00$ 3,250.00$ 3,250.00$ 5,519.40$ 5,519.40$ 6,500.00$ 6,500.00$ 24,362.00$ 24,362.00$ 5,870.00$ 5,870.00$ 4,309.54$ 4,309.54$ 2 Traffic Control LS 1 3,000.00$ 3,000.00$ 4,400.00$ 4,400.00$ 3,500.00$ 3,500.00$ 15,283.38$ 15,283.38$ 6,000.00$ 6,000.00$ 1,064.00$ 1,064.00$ 27,000.00$ 27,000.00$ 9,309.00$ 9,309.00$ 3 Remove Existing 6” Asphalt Curb and Dirt Fill LS 1 3,000.00$ 3,000.00$ 3,300.00$ 3,300.00$ 6,000.00$ 6,000.00$ 6,981.54$ 6,981.54$ 3,300.00$ 3,300.00$ 3,086.00$ 3,086.00$ 5,000.00$ 5,000.00$ 6,754.82$ 6,754.82$ 4 Remove Existing AC Pavement and Base SF 2,100 3.50$ 7,350.00$ 3.50$ 7,350.00$ 4.00$ 8,400.00$ 3.63$ 7,623.00$ 3.50$ 7,350.00$ 2.83$ 5,943.00$ 4.20$ 8,820.00$ 5.34$ 11,214.00$ 5 Remove Existing Concrete Sidewalk and Ramps SF 72 15.00$ 1,080.00$ 15.00$ 1,080.00$ 7.50$ 540.00$ 28.61$ 2,059.92$ 12.00$ 864.00$ 10.00$ 720.00$ 10.00$ 720.00$ 53.876$ 3,879.07$ 6 Remove Existing Curb, Curb & Gutter, and Ribbon Gutter LF 28 35.00$ 980.00$ 40.00$ 1,120.00$ 32.00$ 896.00$ 29.28$ 819.84$ 50.00$ 1,400.00$ 26.00$ 728.00$ 30.00$ 840.00$ 171.21$ 4,793.88$ 7 Construct 3” AC over 4.5” AB, CLQ STD. 195 SF 1,060 $ 7.50 $ 7,950.00 $10.00 $10,600.00 $11.00 $11,660.00 $10.59 $11,225.40 $14.00 $14,840.00 $14.00 $14,840.00 $8.50 $9,010.00 $10.22 10,833.20$ 8 2” Grind and Overlay SF 1,008 5.00$ 5,040.00$ 6.00$ 6,048.00$ 6.80$ 6,854.40$ 4.52$ 4,556.16$ 8.00$ 8,064.00$ 16.50$ 16,632.00$ 4.50$ 4,536.00$ 5.75$ 5,796.00$ 9 Construct 4-6” Curb, Retaining Curb, and 6” Curb & Gutter Per City of La Quinta STD 201 and 210 LF 222 30.00$ 6,660.00$ 36.00$ 7,992.00$ 45.00$ 9,990.00$ 29.35$ 6,515.70$ 57.00$ 12,654.00$ 34.00$ 7,548.00$ 42.00$ 9,324.00$ 43.10$ 9,568.20$ 10 Construct Sidewalk per City of La Quinta STD 240 Mod.SF 760 10.00$ 7,600.00$ 9.00$ 6,840.00$ 7.25$ 5,510.00$ 9.26$ 7,037.60$ 11.00$ 8,360.00$ 7.00$ 5,320.00$ 8.00$ 6,080.00$ 9.88$ 7,508.80$ 11 Construct Concrete Curb Ramp per City of La Quinta STD 250 Mod.EA 1 1,800.00$ 1,800.00$ 1,900.00$ 1,900.00$ 4,800.00$ 4,800.00$ 3,671.01$ 3,671.01$ 5,950.00$ 5,950.00$ 4,416.00$ 4,416.00$ 6,000.00$ 6,000.00$ 8,979.30$ 8,979.30$ 12 Furnish and Install Fixed Bollard EA 22 200.00$ 4,400.00$ 550.00$ 12,100.00$ 500.00$ 11,000.00$ 330.40$ 7,268.80$ 800.00$ 17,600.00$ 1,277.00$ 28,094.00$ 1,000.00$ 22,000.00$ 906.96$ 19,953.12$ 13 Furnish and Install Removable Bollard EA 2 250.00$ 500.00$ 1,200.00$ 2,400.00$ 700.00$ 1,400.00$ 1,462.71$ 2,925.42$ 2,450.00$ 4,900.00$ 1,255.00$ 2,510.00$ 2,500.00$ 5,000.00$ 998.15$ 1,996.30$ 14 Furnish and Install 3/8” Decomposed Granite (2” Thick)SF 150 15.00$ 2,250.00$ 2.50$ 375.00$ 4.25$ 637.50$ 16.09$ 2,413.50$ 10.00$ 1,500.00$ 7.24$ 1,086.00$ 20.00$ 3,000.00$ 7.46$ 1,119.00$ 15 Furnish and Install PVC Pipe LF 18 40.00$ 720.00$ 10.00$ 180.00$ 30.00$ 540.00$ 59.63$ 1,073.34$ 105.00$ 1,890.00$ 14.00$ 252.00$ 100.00$ 1,800.00$ 59.89$ 1,078.02$ 16 Signing and Striping, Including All Incidentals LS 1 2,100.00$ 2,100.00$ 2,000.00$ 2,000.00$ 4,500.00$ 4,500.00$ 2,220.00$ 2,220.00$ 4,888.00$ 4,888.00$ 2,507.00$ 2,507.00$ 8,000.00$ 8,000.00$ 16,090.51$ 16,090.51$ 59,430.00$ 77,585.00$ 79,477.90$ 87,194.01$ 106,060.00$ 119,108.00$ 123,000.00$ 123,182.76$ * Error in Calculation United Paving Co. Total Base Bid: C.S. Legacy Construction, Inc.Onyx Paving Company, Inc. Bunker Construction Universal Construction and Engineering LC Paving & Sealing, Inc. Three Peaks Corp. Engineer's Estimate - Base Bid ATTACHMENT 223 24 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE WASHINGTON STREET PAVEMENT REHABILITATION PROJECT FROM CALLE TAMPICO TO SAGEBRUSH AVENUE (PROJECT NO. 2020-04) RECOMMENDATION Award a contract to Onyx Paving Company, Inc. in the amount of $720,000 for the Washington Street Pavement Rehabilitation Project from Calle Tampico to Sagebrush Avenue; and authorize the City Manager to execute the contract. EXECUTIVE SUMMARY •The Fiscal Year 2020/21 Pavement Management Plan (PMP) improvements include over 310,000 square feet of pavement rehabilitation on Washington Street between Calle Tampico to 500 feet north of Sagebrush Avenue (Attachment 1). o Grinding the existing pavement and installing a new layer of pavement is the pavement rehabilitation method. o Non-compliant Americans with Disabilities Act (ADA) curb ramps within the project vicinity will be reconstructed. •Onyx Paving Company, Inc. of Anaheim, California, submitted the lowest responsible and responsive bid at $720,000 (Attachment 2). Additive Alternates 1-5 are recommended for award. FISCAL IMPACT Fiscal Year 2020/21 Capital Improvement Program allocates $1,000,000 from the General Fund with $715,000 in carry-over. The following is the project budget: Total Budget FY 2020/21 Improvement Project Professional: $ 95,000 $ 10,000 Design: $ 124,000 $ 40,000 Inspection/Testing/Survey: $ 119,000 $ 80,000 Construction: $ 1,220,000 $ 720,000 Contingency: $ 157,000 $ 110,000 Total Budget: $ 1,715,000 $ 960,000 CONSENT CALENDAR ITEM NO. 3 25 Staff anticipates approximately $43,800 in utility adjustment reimbursables. BACKGROUND/ANALYSIS The PMP funds improvements to maintain and upgrade City roadways. The PMP is divided into phases and the City typically implements PMP projects during the summer, when traffic congestion is less. The FY 2019/20 project is now complete. This upcoming fiscal year’s improvements will rehabilitate over 310,000 square feet of pavement and include minor pothole hole repair and minor striping improvements. This is the last project in the current 5-year PMP. Staff is currently working to update the PMP for Council consideration. On July 8, 2020 staff solicited construction bids from qualified contractors. The City received 9 bids on July 29, 2020. Onyx Paving Company, Inc. of Anaheim, California, submitted the lowest responsible and responsive bid of $720,000. Contingent upon award of the project on August 4, 2020, the following is the project schedule: Council Considers Project Award August 4, 2020 Execute Contract and Mobilize August 4 to August 28, 2020 Construction (20 Working Days) August to September, 2020 Accept Improvements October 2020 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1.Project Vicinity Map 2.Bid Comparison Summary 26 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Feet Legend Notes Washington Street From Calle Tampico to Avenida Montero 0 REPORT PRINTED ON...2/21/2019 2:50:13 PM Vicinity Map FY 20/21 PMP 3,009 6,019 Blueline Streams City Areas World Street Map ATTACHMENT 1 27 28 Bid Opening Date: 7/29/20 Bid Comparison Washington Street Pavement Rehabilitation City Project No. 2020-04 ATTACHMENT 2 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 30,000.00$ 30,000.00$ 27,000.00$ 27,000.00$ 98,000.00$ 98,000.00$ 37,500.00$ 37,500.00$ 56,000.00$ 56,000.00$ 16,400.00$ 16,400.00$ 80,000.00$ 80,000.00$ 38,860.00$ 38,860.00$ 20,000.00$ 20,000.00$ 4,309.54$ 4,309.54$ 2 Traffic Control LS 1 33,000.00$ 33,000.00$ 43,000.00$ 43,000.00$ 36,000.00$ 36,000.00$ 34,600.00$ 34,600.00$ 38,000.00$ 38,000.00$ 87,044.40$ 87,044.40$ 50,000.00$ 50,000.00$ 54,843.25$ 54,843.25$ 40,002.05$ 40,002.05$ 42,392.20$ 42,392.20$ 3 Dust Control LS 1 5,000.00$ 5,000.00$ 10,599.82$ 10,599.82$ 820.98$ 820.98$ 1,783.00$ 1,783.00$ 12,400.00$ 12,400.00$ 5,500.00$ 5,500.00$ 1,500.00$ 1,500.00$ 2,500.00$ 2,500.00$ 500.00$ 500.00$ 4,298.34$ 4,298.34$ 4 2” Grind and Overlay SF 360,479 1.40$ 504,670.60$ 1.17$ 421,760.43$ 1.08$ 389,317.32$ 1.28$ 461,413.12$ 1.22$ 439,784.38$ 1.20$ 432,574.80$ 1.30$ 468,622.70$ 1.35$ 486,646.65$ 1.55$ 558,742.45$ 1.52$ 547,928.08$ 5 Continue to Full Depth Asphalt Concrete Grind (3.5”±), Compact Existing Aggregate Base, and 5.5” Asphalt Concrete Overlay to Bottom of Final Lift SF 1,275 5.00$ 6,375.00$ 7.50$ 9,562.50$ 5.20$ 6,630.00$ 7.85$ 10,008.75$ 5.60$ 7,140.00$ 5.70$ 7,267.50$ 4.40$ 5,610.00$ 3.80$ 4,845.00$ 20.00$ 25,500.00$ 3.046$ 3,883.65$ 6 Remove and Construct 5.5” AC over 6.5” AB, CLQ STD. 195 SF 321 25.00$ 8,025.00$ 24.00$ 7,704.00$ 18.00$ 5,778.00$ 15.10$ 4,847.10$ 24.55$ 7,880.55$ 25.00$ 8,025.00$ 45.00$ 14,445.00$ 17.00$ 5,457.00$ 27.00$ 8,667.00$ 6.35$ 2,038.35$ 7 Remove Existing Concrete Sidewalk, Ramps, and Cross-Gutters SF 5,105 $ 3.00 $ 15,315.00 $3.45 $17,612.25 $3.00 $15,315.00 $2.90 $14,804.50 $5.00 $25,525.00 $7.00 $35,735.00 $3.30 $16,846.50 $6.00 30,630.00$ $4.00 20,420.00$ $3.83 19,552.15$ 8 Remove Existing Curb and Curb & Gutter (Regardless of Height)LF 307 15.00$ 4,605.00$ 20.00$ 6,140.00$ 7.00$ 2,149.00$ 11.50$ 3,530.50$ 15.75$ 4,835.25$ 27.00$ 8,289.00$ 15.00$ 4,605.00$ 20.00$ 6,140.00$ 21.00$ 6,447.00$ 17.96$ 5,513.72$ 9 Crack Seal and Type II Slurry Seal SF 11,157 2.00$ 22,314.00$ 2.00$ 22,314.00$ 1.60$ 17,851.20$ 1.46$ 16,289.22$ 2.15$ 23,987.55$ 2.40$ 26,776.80$ 2.70$ 30,123.90$ 2.30$ 25,661.10$ 2.50$ 27,892.50$ 1.66$ 18,520.62$ 10 Construct Curb & Gutter per City of La Quinta Std. Dwg. 201 and 202 (Regardless of Height)LF 307 30.00$ 9,210.00$ 32.00$ 9,824.00$ 22.00$ 6,754.00$ 43.00$ 13,201.00$ 75.00$ 23,025.00$ 54.00$ 16,578.00$ 35.00$ 10,745.00$ 66.00$ 20,262.00$ 80.00$ 24,560.00$ 41.92$ 12,869.44$ 11 Construct Sidewalk per City of La Quinta Standard 240 Mod.SF 615 10.00$ 6,150.00$ 10.00$ 6,150.00$ 10.00$ 6,150.00$ 9.70$ 5,965.50$ 12.00$ 7,380.00$ 8.30$ 5,104.50$ 9.00$ 5,535.00$ 10.00$ 6,150.00$ 7.40$ 4,551.00$ 5.99$ 3,683.85$ 12 Construct Concrete Curb Ramps per City of La Quinta Standard 250 Mod.EA 9 3,500.00$ 31,500.00$ 3,737.00$ 33,633.00$ 5,300.00$ 47,700.00$ 4,265.00$ 38,385.00$ 5,100.00$ 45,900.00$ 4,700.00$ 42,300.00$ 2,900.00$ 26,100.00$ 3,000.00$ 27,000.00$ 3,200.00$ 28,800.00$ 3,435.87$ 30,922.83$ 13 Construct Portion of Cross-Gutter per City of La Quinta STD 230 Mod. and 231 Mod.SF 735 20.00$ 14,700.00$ 20.00$ 14,700.00$ 15.50$ 11,392.50$ 22.65$ 16,647.75$ 16.50$ 12,127.50$ 19.00$ 13,965.00$ 17.00$ 12,495.00$ 12.00$ 8,820.00$ 16.00$ 11,760.00$ 19.16$ 14,082.60$ 14 Lower and Raise Drainage Manhole to Grade EA 1 3,000.00$ 3,000.00$ 2,000.00$ 2,000.00$ 1,200.00$ 1,200.00$ 1,957.00$ 1,957.00$ 1,200.00$ 1,200.00$ 1,220.00$ 1,220.00$ 1,200.00$ 1,200.00$ 1,150.00$ 1,150.00$ 1,150.00$ 1,150.00$ 3,592.52$ 3,592.52$ 15 Striping and All Incidentals LS 1 40,000.00$ 40,000.00$ 37,000.00$ 37,000.00$ 54,000.00$ 54,000.00$ 3,800.00$ 3,800.00$ 38,600.00$ 38,600.00$ 39,220.00$ 39,220.00$ 38,000.00$ 38,000.00$ 45,000.00$ 45,000.00$ 35,000.00$ 35,000.00$ 65,961.31$ 65,961.31$ 733,864.60$ 669,000.00$ 699,058.00$ 664,732.44$ 743,785.23$ 746,000.00$ 765,828.10$ 763,965.00$ 813,992.00$ 779,549.20$ Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Sewer Manhole per CVWD Standards EA 9 800.00$ 7,200.00$ 600.00$ 5,400.00$ 605.00$ 5,445.00$ 836.00$ 7,524.00$ 614.00$ 5,526.00$ 621.00$ 5,589.00$ 600.00$ 5,400.00$ 585.00$ 5,265.00$ 450.00$ 4,050.00$ 2,217.35$ 19,956.15$ 2 Raise Sewer Manhole per CVWD Standards EA 9 800.00$ 7,200.00$ 600.00$ 5,400.00$ 605.00$ 5,445.00$ 1,121.00$ 10,089.00$ 614.00$ 5,526.00$ 621.00$ 5,589.00$ 600.00$ 5,400.00$ 585.00$ 5,265.00$ 700.00$ 6,300.00$ 3,175.14$ 28,576.26$ 14,400.00$ 10,800.00$ 10,890.00$ 17,613.00$ 11,052.00$ 11,178.00$ 10,800.00$ 10,530.00$ 10,350.00$ 48,532.41$ Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Water Valve per CVWD Standards EA 19 500.00$ 9,500.00$ 500.00$ 9,500.00$ 490.00$ 9,310.00$ 696.00$ 13,224.00$ 500.00$ 9,500.00$ 505.00$ 9,595.00$ 480.00$ 9,120.00$ 475.00$ 9,025.00$ 250.00$ 4,750.00$ 1,579.64$ 30,013.16$ 2 Raise Water Valve per CVWD Standards EA 19 1,000.00$ 19,000.00$ 1,000.00$ 19,000.00$ 850.00$ 16,150.00$ 934.00$ 17,746.00$ 870.00$ 16,530.00$ 875.00$ 16,625.00$ 820.00$ 15,580.00$ 825.00$ 15,675.00$ 500.00$ 9,500.00$ 2,537.36$ 48,209.84$ 28,500.00$ 28,500.00$ 25,460.00$ 30,970.00$ 26,030.00$ 26,220.00$ 24,700.00$ 24,700.00$ 14,250.00$ 78,223.00$ Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Irrigation Valve per CVWD Standards EA 3 500.00$ 1,500.00$ 500.00$ 1,500.00$ 490.00$ 1,470.00$ 696.00$ 2,088.00$ 500.00$ 1,500.00$ 505.00$ 1,515.00$ 480.00$ 1,440.00$ 475.00$ 1,425.00$ 250.00$ 750.00$ 1,553.13$ 4,659.39$ 2 Raise Irrigation Valve per CVWD Standards EA 3 1,000.00$ 3,000.00$ 1,000.00$ 3,000.00$ 850.00$ 2,550.00$ 934.00$ 2,802.00$ 870.00$ 2,610.00$ 875.00$ 2,625.00$ 820.00$ 2,460.00$ 825.00$ 2,475.00$ 500.00$ 1,500.00$ 2,368.29$ 7,104.87$ 4,500.00$ 4,500.00$ 4,020.00$ 4,890.00$ 4,110.00$ 4,140.00$ 3,900.00$ 3,900.00$ 2,250.00$ 11,764.26$ Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Lower Frontier Manhole with Vehicle Traffic Rated Cap EA 1 1,200.00$ 1,200.00$ 2,200.00$ 2,200.00$ 700.00$ 700.00$ 4,735.00$ 4,735.00$ 710.00$ 710.00$ 715.00$ 715.00$ 650.00$ 650.00$ 2,000.00$ 2,000.00$ 450.00$ 450.00$ 3,648.10$ 3,648.10$ 1,200.00$ 2,200.00$ 700.00$ 4,735.00$ 710.00$ 715.00$ 650.00$ 2,000.00$ 450.00$ 3,648.10$ Item Item Description Unit Quanitity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 2" Grind and Overlay with Pavement Fabric SF 504 20.00$ 10,080.00$ 8.00$ 4,032.00$ 5.50$ 2,772.00$ 21.00$ 10,584.00$ 24.00$ 12,096.00$ 20.00$ 10,080.00$ 12.00$ 6,048.00$ 45.00$ 22,680.00$ 14.00$ 7,056.00$ 31.57$ 15,911.28$ 2 Replace obliterated striping, pavement markings, and pavement markers in 2” Grind and Overlay with Pavement Fabric construction area.LS 1 5,000.00$ 5,000.00$ 968.00$ 968.00$ 3,100.00$ 3,100.00$ 516.00$ 516.00$ 525.00$ 525.00$ 600.00$ 600.00$ 200.00$ 200.00$ 225.00$ 225.00$ 500.00$ 500.00$ 269.77$ 269.77$ 15,080.00$ 5,000.00$ 5,872.00$ 11,100.00$ 12,621.00$ 10,680.00$ 6,248.00$ 22,905.00$ 7,556.00$ 16,181.05$ 797,544.60$ 720,000.00$ 746,000.00$ 734,040.44$ 798,308.23$ 798,933.00$ 812,126.10$ 828,000.00$ 848,848.00$ 937,898.02$ * Error in Calculation ATP General Engineering Contractors Granite Construction Company United Paving Co. Sub-Total Base Bid: Hardy & Harper, Inc. Hazard Construction Company Onyx Paving Company, Inc. Matich Company All American Asphalt Vance Corporation Engineer's Estimate - Base Bid Bid Alternate No. 1 Sub-Total Bid Alternate No. 1: Bid Alternate No. 2 Sub-Total Bid Alternate No. 2: Grand Total Base Bid Including Alternate Nos. 1 - 5: Bid Alternate No. 4 Sub-Total Bid Alternate No. 4: Bid Alternate No. 3 Sub-Total Bid Alternate No. 3: Bid Alternate No. 5 Sub-Total Bid Alternate No. 5:ATTACHMENT 229 30 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE TRIPLE LEFT TURN PROJECT (PROJECT NO. 2017-01) RECOMMENDATION Award a contract to Onyx Paving Company, Inc. in the amount of $1,276,000 for the Washington Street intersection with Fred Waring Drive Triple Left Turn Project; and authorize the City Manager to execute the contract contingent on the property owner’s acceptance of right-of-way offers. EXECUTIVE SUMMARY •The project will construct triple left turn lanes on all four approaches to the Washington Street and Fred Waring Drive intersection through a cooperative agreement with Coachella Valley Association of Governments (CVAG) and the Cities of Palm Desert and Indian Wells (Attachment 1). •The City pre-purchased the signal poles and mast arms which have been delivered to the City Yard. •CVAG is funding 75% of the project costs. The remaining 25% will be split as follows: La Quinta will pay 50% of the local agency cost and Palm Desert and Indian Wells, will split the other 50%. •Onyx Paving Company, Inc. of Anaheim, California, submitted the lowest responsible and responsive bid at $1,276,000 (Attachment 2). FISCAL IMPACT This project is allocated in the 2017/18 Capital Improvement Program (CIP). The City’s share is budgeted in the Capital Improvement Program using Measure A funds. The following is the funding breakdown: CONSENT CALENDAR ITEM NO. 4 31 Agency Project Percentage Share Project Cost Share CVAG 75% $1,395,555 La Quinta 12.5% $232,595 Palm Desert 6.25% $116,297 Indian Wells 6.25% $116,297 The following is the project budget: Total Budget Professional: $ 70,000 Design: $ 157,013 Inspection/Testing/Survey: $ 60,000 Construction: $ 1,276,000 Land Acquisition: $ 30,000 Signal Pole Purchase Order: $ 121,409 Contingency: $ 146,322 Total Budget: $ 1,860,744 BACKGROUND/ANALYSIS The project will create triple left turn lanes on all four approaches to the Washington Street and Fred Waring Drive intersection. The work will include modifying the median curb locations and reconstructing the curb, gutter and sidewalks at the intersection corners. In April 2018, Council approved a reimbursement agreement with CVAG. This Agreement provides the reimbursement terms with the cities of Palm Desert and Indian Wells. Right-of-way negotiations were delayed due to COVID-19 complications. Negotiations are near completion and are anticipated to be finished shortly after Council takes summer break. Staff recommends moving forward with award and authorizing the City Manager to execute the contract after the properties are in escrow. On July 8, 2020 staff solicited construction bids from qualified contractors. The City received 4 bids on July 29, 2020. Onyx Paving Company, Inc. of Anaheim, California, submitted the lowest responsible and responsive bid of $1,276,000. Contingent upon award of the project on August 4, 2020, the following is the project schedule: Council Considers Project Award August 4, 2020 Right-of-way offers accepted August 5, 2020 to August 12, 2020 Execute Contract, Mobilize, Escrow August 12 to September 14, 2020 Construction (65 Working Days) September to December, 2020 Accept Improvements December 2020 32 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachments: 1.Project Vicinity Map 2.Bid Comparison Summary 33 34 Vicinity Map Washington Street Intersection with Fred Waring Drive Triple Left Turn Lanes Fred Waring Drive Miles Avenue Highway 111 Hovely Lane Washington Street Adams Street Project Location ATTACHMENT 1 ATTACHMENT 135 36 Bid Opening Date: 7/29/20 Bid Comparison Washington Street at Fred Waring Drive - Triple Left Turn Lanes City Project No. 2017-01 ATTACHMENT 2 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization, Demobilization, Insurance, Bonds, Permits & Miscellaneous LS 1 75,000.00$ 75,000.00$ 43,000.00$ 43,000.00$ 99,000.00$ 99,000.00$ 93,795.00$ 93,795.00$ 140,000.00$ 140,000.00$ 2 Traffic Control and Safety LS 1 75,000.00$ 75,000.00$ 96,000.00$ 96,000.00$ 70,000.00$ 70,000.00$ 50,000.00$ 50,000.00$ 120,000.00$ 120,000.00$ 3 Dust Control LS 1 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 23,815.00$ 23,815.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 4 Clearing and Grubbing LS 1 40,000.00$ 40,000.00$ 69,691.60$ 69,691.60$ 20,736.00$ 20,736.00$ 50,000.00$ 50,000.00$ 30,000.00$ 30,000.00$ 5 Remove Existing Sidewalk, Ramps, and Driveway SF 13,660 3.50$ 47,810.00$ 3.45$ 47,127.00$ 2.75$ 37,565.00$ 2.75$ 37,565.00$ 1.25$ 17,075.00$ 6 Remove Existing Curb & Gutter LF 2,800 14.00$ 39,200.00$ 13.50$ 37,800.00$ 13.45$ 37,660.00$ 20.00$ 56,000.00$ 7.00$ 19,600.00$ 7 Construct 8'' Curb & Gutter per Detail on Plans LF 2,051 $ 35.00 $ 71,785.00 $24.00 $49,224.00 $31.55 $64,709.05 $45.00 $92,295.00 $37.00 $75,887.00 8 Construct Sidewalk SF 9,510 7.00$ 66,570.00$ 4.20$ 39,942.00$ 6.50$ 61,815.00$ 8.00$ 76,080.00$ 9.00$ 85,590.00$ 9 Remove AC Pavement and Base SF 5,400 2.50$ 13,500.00$ 2.00$ 10,800.00$ 5.50$ 29,700.00$ 8.00$ 43,200.00$ 5.00$ 27,000.00$ 10 Construct 5.5'' AC Pavement over 6.5” Crushed Aggregate Base per City of La Quinta Std. Plan No. 195 SF 15,390 7.50$ 115,425.00$ 6.96$ 107,114.40$ 7.10$ 109,269.00$ 8.00$ 123,120.00$ 7.20$ 110,808.00$ 11 2'' Grind and Overlay SF 2,800 5.00$ 14,000.00$ 4.00$ 11,200.00$ 7.80$ 21,840.00$ 8.00$ 22,400.00$ 7.10$ 19,880.00$ 12 Construct Driveway per Detail “C” on Sheet 3.LS 1 10,000.00$ 10,000.00$ 16,000.00$ 16,000.00$ 7,270.00$ 7,270.00$ 15,000.00$ 15,000.00$ 20,000.00$ 20,000.00$ 13 Remove Catch Basin and Deck EA 2 3,000.00$ 6,000.00$ 3,000.00$ 6,000.00$ 2,274.00$ 4,548.00$ 2,350.00$ 4,700.00$ 10,000.00$ 20,000.00$ 14 Construct Catch Basin No. 1 per RCFC Std. Dwg. No. CB100 EA 2 8,000.00$ 16,000.00$ 8,000.00$ 16,000.00$ 7,442.00$ 14,884.00$ 7,500.00$ 15,000.00$ 25,000.00$ 50,000.00$ 15 Construct Local Depression No. 2 Case B per RCFC Std. Dwg No. LD201 EA 2 1,200.00$ 2,400.00$ 2,000.00$ 4,000.00$ 1,860.00$ 3,720.00$ 2,000.00$ 4,000.00$ 3,000.00$ 6,000.00$ 16 Construct Curb Ramp Case A per City of La Quinta Std. Plan No. 250 EA 2 4,000.00$ 8,000.00$ 4,300.00$ 8,600.00$ 4,737.00$ 9,474.00$ 5,000.00$ 10,000.00$ 7,500.00$ 15,000.00$ 17 Construct Curb Ramp Case B per County of Riverside Std. No. 403 EA 2 4,000.00$ 8,000.00$ 4,300.00$ 8,600.00$ 2,796.00$ 5,592.00$ 5,000.00$ 10,000.00$ 5,000.00$ 10,000.00$ 18 Construct Under Sidewalk Drain per Detail ''A'' on Sheet 2 and size per plan EA 4 2,000.00$ 8,000.00$ 4,500.00$ 18,000.00$ 5,478.00$ 21,912.00$ 5,500.00$ 22,000.00$ 3,500.00$ 14,000.00$ 19 Construct Type A-6'' Curb and Gutter per County of Riverside Std. No. 200 LF 680 30.00$ 20,400.00$ 23.00$ 15,640.00$ 30.80$ 20,944.00$ 45.00$ 30,600.00$ 35.00$ 23,800.00$ 20 Crack Seal and Type II Slurry Seal SF 120,000 0.28$ 33,600.00$ 0.60$ 72,000.00$ 0.35$ 42,000.00$ 0.50$ 60,000.00$ 0.54$ 64,800.00$ 21 Relocate Existing Pull Box EA 4 1,000.00$ 4,000.00$ 4,000.00$ 16,000.00$ 3,509.00$ 14,036.00$ 2,200.00$ 8,800.00$ 2,000.00$ 8,000.00$ 22 Protect in Place/Adjust to Grade Existing Pull Box or Vault, As Noted EA 4 1,000.00$ 4,000.00$ 1,500.00$ 6,000.00$ 204.00$ 816.00$ 800.00$ 3,200.00$ 1,000.00$ 4,000.00$ 23 Construct Driveway per Detail ''B'' on Sheet 3 LS 1 10,000.00$ 10,000.00$ 16,000.00$ 16,000.00$ 4,762.00$ 4,762.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 24 Construct Retaining Curb per Detail "E" on sheet 3 LF 447 110.00$ 49,170.00$ 123.00$ 54,981.00$ 172.00$ 76,884.00$ 110.00$ 49,170.00$ 360.00$ 160,920.00$ 25 Construct Curb Transition per Detail “F” on sheet 3 LF 10 60.00$ 600.00$ 100.00$ 1,000.00$ 55.60$ 556.00$ 75.00$ 750.00$ 50.00$ 500.00$ 26 Remove/Replace Turf, Landscaping and Irrigation SF 4,550 10.00$ 45,500.00$ 10.00$ 45,500.00$ 13.00$ 59,150.00$ 7.50$ 34,125.00$ 14.00$ 63,700.00$ 27 Existing Manhole, Adjust Frame and Cover to Grade EA 1 900.00$ 900.00$ 3,000.00$ 3,000.00$ 4,777.00$ 4,777.00$ 2,500.00$ 2,500.00$ 3,500.00$ 3,500.00$ 28 Existing Valve, Adjust to Grade EA 1 750.00$ 750.00$ 2,000.00$ 2,000.00$ 3,185.00$ 3,185.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 29 Remove existing PCC Bus Turnout (Pad)EA 1 8,000.00$ 8,000.00$ 10,000.00$ 10,000.00$ 10,222.00$ 10,222.00$ 8,000.00$ 8,000.00$ 7,500.00$ 7,500.00$ 30 Construct PCC Bus Turnout per County of Riverside Standards No. 814 SF 1,210 15.00$ 18,150.00$ 18.00$ 21,780.00$ 15.30$ 18,513.00$ 20.00$ 24,200.00$ 25.00$ 30,250.00$ 31 Grading of Slope and Basin (SWC) LS 1 10,000.00$ 10,000.00$ 13,000.00$ 13,000.00$ 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 20,000.00$ 20,000.00$ 32 Abandon Existing IID Vault LS 1 6,500.00$ 6,500.00$ 6,000.00$ 6,000.00$ 5,478.00$ 5,478.00$ 5,000.00$ 5,000.00$ 7,500.00$ 7,500.00$ 33 Construct Metal Handrail LS 1 8,000.00$ 8,000.00$ 10,000.00$ 10,000.00$ 11,000.00$ 11,000.00$ 12,000.00$ 12,000.00$ 15,000.00$ 15,000.00$ 34 Signing and Striping (removals, refreshing, markings, markers, relocations and new signs) LS 1 31,800.00$ 31,800.00$ 37,000.00$ 37,000.00$ 30,800.00$ 30,800.00$ 30,000.00$ 30,000.00$ 32,000.00$ 32,000.00$ 35 Traffic Signal and Lighting Equipment & Installation LS 1 335,000.00$ 335,000.00$ 333,000.00$ 333,000.00$ 315,820.00$ 315,820.00$ 350,000.00$ 350,000.00$ 350,351.00$ 350,351.00$ 36 Pull back fiber optic cable and reroute conduit at NWC due to conflict with proposed catch basin and/or proposed signal foundations (Additive/Deletive Item) LS 1 8,000.00$ 8,000.00$ 9,000.00$ 9,000.00$ 7,582.00$ 7,582.00$ 2,500.00$ 2,500.00$ 4,000.00$ 4,000.00$ 37 Pull back fiber optic cable and reroute conduit at SWC due to conflict with proposed signal foundations (Additive/Deletive Item)LS 1 8,000.00$ 8,000.00$ 10,000.00$ 10,000.00$ 7,582.00$ 7,582.00$ 2,500.00$ 2,500.00$ 4,000.00$ 4,000.00$ 1,229,060.00$ 1,276,000.00$ 1,287,616.05$ 1,385,000.00$ 1,612,161.00$ Total Base Bid: Onyx Paving Company All American Asphalt Hardy & Harper, Inc. Granite Construction Company Engineer's Estimate - Base Bid TRAFFIC SIGNAL AND LIGHTING INSTALLATION SIGNING AND STRIPING ATTACHMENT 237 38 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC FOR POOL AND WATER FEATURE MAINTENANCE (PROJECT NO. 2020-11) RECOMMENDATION Approve an Agreement for Contract Services with Ocean Springs Tech, Inc. in the amount not to exceed $65,100 for Pool and Water Feature Maintenance (Project No. 2020-11); and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •The City contracts pool and water feature maintenance services for Fritz Burns pool (pool), and the La Quinta park splash pad (splash pad). •Staff solicited a Request for Qualifications and Proposal (RFQ/RFP) for Pool and Water Feature Maintenance on June 15, 2020; two proposals were received. •Ocean Springs Tech Inc. was selected based on their qualifications and staff recommends approval of the Agreement for Contract Services (Attachment 1). FISCAL IMPACT The cost for maintenance services for seven days per week is not to exceed $65,100 from September 1, 2020 to June 30, 2021 and is included in the 2020/21 FY parks budget. Due to COVID-19, service is currently three days per week at $27,000 annually. The contract amount would vary based on when normal operations resume. Location: Account: Cost: Fritz Burns Pool 101-3005-60184 $ 48,600 La Quinta Park Splash Pad 101-3005-60554 $ 16,500 Service at 7 days per week Total: $65,100 Location: Account: Cost: Fritz Burns Pool 101-3005-60184 $ 19,500 La Quinta Park Splash Pad 101-3005-60554 $ 7,500 Service at 3 days per week Total: $27,000 CONSENT CALENDAR ITEM NO. 5 39 BACKGROUND/ANALYSIS The pool and water feature maintenance services are provided seven days a week during the season and three days per week in off season. Due to COVID- 19, the pool and splash pad are currently closed and are serviced three days a week. An RFQ/RFP for Pool and Water Feature Maintenance was posted on the City website on June 5, 2020. A mandatory pre-proposal walk was held on June 24, 2020. Two proposals were received and reviewed by the committee; Ocean Springs and Service First. Ocean Springs was selected based on their qualifications. The contract includes an initial ten-month term, September 1, 2020 through June 30, 2021, with an option of four (4) one-year extensions that may be renewed each fiscal year through 2024/25 based on the contractor’s satisfactory performance. ALTERNATIVES Council may direct staff to prepare new specifications and re-advertise for Pool and Water Feature Services. However, that may cause a disruption in services. Prepared by: Dianne Hansen, Management Analyst Approved by: Bryan McKinney, Public Works/ City Engineer Director Attachment: 1. Pool and Water Feature Maintenance Contract 40 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Ocean Springs Tech Inc. (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to maintenance of Pool and Water Feature Maintenance, Project No. 2020-11 as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by th is Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, ATTACHMENT 1 41 -2- employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written 42 -3- change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount of Sixty-Five Thousand, One Hundred Dollars ($65,100) (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, 43 -4- Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party 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. The contract sum shall be paid to Contracting Party monthly in accordance with the amount identified in the Contracting Party’s schedule of Compensation “Exhibit B” Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer , or assigned designee, pursuant to Section 1.7 of this Agreement. 3.PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 44 -5- 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer , or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of th is agreement shall commence on September 1, 2020 and terminate June 30, 2021 (“Initial Term”). This Agreement may be extended for four (4) additional year(s) upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Name: Armando Rodriguez Tel No. 760-329-8933 E-mail: oceansprings@hotmail.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be 45 -6- assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officers”, otherwise known as Alfred Berumen, Management Analyst (Fritz Burns Pool) and Dianne Hansen, Management Analyst (La Quinta Park Water Feature) or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer , or assigned designee. Unless otherwise specified herein, any approval of City require d hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. 46 -7- Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 47 -8- 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its so le cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer , or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 48 -9- 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contra cting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. 49 -10- Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer , or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 50 -11- by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim, therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 51 -12- 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold 52 -13- any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whethe r legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer , or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association 53 -14- in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claimi ng under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney Public Works/Engineering Director 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: OCEAN SPRINGS TECH, INC. Attention: Armando Rodriguez Project Manager 12526 Palm Drive Desert Hot Springs, CA 92240 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 54 -15- 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver 55 -16- this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 56 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation Jon McMillen, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name:_Armando Rodriguez_____ Title: _Project Manager_____ ATTEST: MONIKA RADEVA, City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 57 Exhibit A Page 1 of 6 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: Pool maintenance for pool located at Fritz Burns Park, 78080 Frances Hack Lane. SPLASH PAD MAINTENANCE located at La Quinta Park, 79120 Blackhawk Way. 58 Exhibit A Page 2 of 6 2. Performance Standards: 59 Exhibit A Page 3 of 6 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to Californi a Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY - 60 Exhibit A Page 4 of 6 FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated 61 Exhibit A Page 5 of 6 damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in w ork of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, 62 Exhibit A Page 6 of 6 bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 63 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Sixty-Five Thousand, One Hundred Dollars ($65,100) (“Contract Sum”) in the 2020/21 Fiscal Year. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Item No.Location Services 7-Days per Week Monthly Price Annual Price 10-Month Term 1 Fritz Burns Park 78080 Frances Hack Lane Pool 4,860.00$ 48,600.00$ 2 La Quinta Park 79120 Black Hawk Way Splash Pad Water Feature 1,650.00$ 1,950.00$ Annual Cost:65,100.00$ Item No.Location Services 3-Days per Week Monthly Price Annual Price 10-Month Term 1 Fritz Burns Park 78080 Frances Hack Lane Pool 1,950.00$ 16,500.00$ 2 La Quinta Park 79120 Black Hawk Way Splash Pad Water Feature 750.00$ 750.00$ Annual Cost:27,000.00$ 64 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. The pool and splash pad are to be serviced seven (7) days per week during normal working operations, and serviced three (3) days per week when the pool and splash pad are closed for use. 65 Exhibit D Page 1 of 1 Exhibit D Special Requirements Preventative maintenance programs for sand filters and heaters are not included in this contract. Periodic maintenance will be performed as needed and paid as “extra” work on approval of the contract manager. 66 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commer cial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting 67 Exhibit E Page 2 of 6 Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate 68 Exhibit E Page 3 of 6 policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorseme nt 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. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 69 Exhibit E Page 4 of 6 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain a ny insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non -contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during t he term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, 70 Exhibit E Page 5 of 6 the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expir ation. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 71 Exhibit E Page 6 of 6 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 72 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 73 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be requir ed to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to 74 Exhibit F Page 3 of 3 those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 75 76 City of La Quinta CITY COUNCIL MEETING: STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 5 TO AB 2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM RECOMMENDATION Approve Amendment No. 5 to AB 2766 Memorandum of Understanding between the Coachella Valley Association of Governments and Member Jurisdictions to maintain contributions from the cities and the County at 75% to provide sustainable funding of the Regional PM10 Street Sweeping Program, through June 30, 2024; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •Since the early 1990s, the Coachella Valley Association of Governments (CVAG) and its member agencies have cooperated on a Regional PM10 Street Sweeping Program through a Memorandum of Understanding (MOU). •The street sweeping program is currently funded by three main sources: 1.Reallocation of a portion of Assembly Bill (AB) 2766 funds dispersed to individual jurisdictions based on vehicle license plate renewals; 2. Grant funding from the South Coast Air Quality Management District (SCAQMD); and 3. The Coachella Valley Air Quality Enhancement Fund managed by Riverside County, also known as Colmac funds. •Amendment No. 4 to the MOU between CVAG and member jurisdictions expired June 30, 2020. •Amendment No. 5 maintains same jurisdictional contribution at 75% for the next four years, through June 30, 2024. FISCAL IMPACT Adequate funding for the Regional PM-10 Street Sweeping Program is dependent upon all three funding streams – AB 2766, SCAQMD grant, and the Colmac allocation. CONSENT CALENDAR ITEM NO. 6 77 BACKGROUND/ANALYSIS Coachella Valley and the Salton Sea Air Basin are designated non-attainment areas for PM10, or air particulate matter less than 10 microns. The primary source of PM10 is dust-generating activities like vehicles traveling over paved or unpaved streets and through construction zones. Since the early 1990s, CVAG and its member agencies have cooperated on a Regional PM10 Street Sweeping Program – one of the most significant air quality control measures that can be taken to reduce PM10 throughout our region. This program has the added benefit of keeping all major streets in the Coachella Valley clean at a low per-mile cost due to economies of scale. The street sweeping program is currently funded by three main sources: (1) Reallocation of a portion of AB 2766 funds dispersed to individual jurisdictions based on vehicle license plate renewals; (2) Grant funding from the SCAQMD; and (3) Colmac funds. The SCAQMD grant, in the amount of $1,150,000, provides approximately $220,000 for each of five years for the street sweeping program. While the first year of funding was guaranteed, the remaining four years are pending a study of the street sweeping program’s efficiency and effectiveness, also funded by the grant. The grant was initially awarded to make up for a funding shortfall after funding from SCAQMD’s Mobile Air Source Pollution Reduction Review Committee ended in 2018. The Colmac funds received by the County are associated with mitigating air pollution impacts from a power plant. Since July 2010, the County has set aside $150,000 each year for the regional street sweeping program. The current term runs through FY19/20, and CVAG is working with the County to request an additional five-year extension. The remaining AB 2766 funding sent to cities and counties by the SCAQMD is generated by a surcharge on annual DMV fees and must be used to reduce air pollution generated by motor vehicles. In previous years when funding from other sources tended to fluctuate, AB 2766 contributions from CVAG member jurisdictions also ranged from 33% to 100%. In 2016, the fourth amendment to the MOU for this reallocation requested that 75% of AB 2766 funds be directed toward the regional street sweeping program. The term of the fourth amendment expired on June 30, 2020. With this fifth amendment, CVAG requests that the jurisdictional contribution level remains at 75% for the next four years, through June 30, 2024. One hundred percent of all funding goes toward the street sweeping program, currently operated by CVAG under contract with M&M Sweeping, Inc. from Thousand Palms. Amendment Five was approved by the CVAG Executive Committee on June 8, 2020 This recommendation was also reviewed and supported by the CVAG Energy & Environment Committee on May 14, 2020 Identical MOU Amendments are being circulated to all participating member agencies for approval by their respective governing bodies. 78 ALTERNATIVES Staff does not recommend an alternative, as the MOU allows the City to maintain PM10 requirements while providing economies of scale. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1.Amendment No. 5 to AB 2766 Memorandum of Understanding 79 80 AMENDMENT FIVE TO AB 2766 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND CVAG MEMBER JURISDICTIONS JULY 1, 2020 The AB 2766 Memorandum of Understanding (MOU) is made and entered into by and between the Coachella Valley Association of Governments (CVAG) and the CVAG member jurisdictions. The parties acknowledge that this Amendment shall be for the period starting July 1, 2020 and shall bind the parties hereunder for the entire term of the four-year amendment; through June 30, 2024. The AB 2766 MOU is hereby amended through this Amendment Five as follows: 1)At their June 8, 2020 meeting, the Executive Committee approved to maintain CVAG’s AB 2766 formula at 75% to provide sustainable funding of the Regional PM10 Street Sweeping Program and related activities starting July 1, 2020 through June 30, 2024; 2)All other terms and conditions shall remain the same. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By:____________________________________________________ Title: Jeff Grubbe, CVAG Chair Date: __________________________ CITY (COUNTY) OF __________________________________ _ By:_____________________________ Title: ________________________ _ Date: _________________________ _ ATTACHMENT 1 81 82 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: APPROVE CHANGE ORDER NO. 11 TO CONTRACT WITH URBAN HABITAT FOR THE SILVERROCK PARK VENUE PROJECT NO. 2016-08 FOR IRRIGATION POINT OF CONNECTION MODIFICATION, SEWER LINE MODIFICATION, RESTROOM CIRCUIT BREAKER PANEL, AND REPLACE STOLONS WITH HYDROSEED RECOMMENDATION Approve Change Order No. 11 in the amount of $60,602, to Contract with Urban Habitat for the SilverRock Park Venue project irrigation point of connection modification, sewer line modification, restroom circuit breaker panel, and replace stolons with hydroseed; and authorize the City Manager to execute the change order. EXECUTIVE SUMMARY •On August 6, 2019, a contract was awarded to Urban Habitat (Contractor) for the construction of the La Quinta SilverRock Park Venue Project (Project) (Attachment 1) and construction began in September 2019. •Change Order No. 11 (Attachment 2) includes improvements for irrigation point of connection modifications in the amount of $78,485 to add a second pump at the existing lake on-site to provide water for the irrigation system. This change order also includes improvements for sewer line modifications in the amount of $5,712 to modify the point of connection to the restroom building. •Change Order No. 11 includes the addition of a 3-phase 30 circuit electric panel attached to the restroom in the amount of $760. The change order also includes a credit for replacing stolons with hydroseed in the amount of $24,356. FISCAL IMPACT There are sufficient funds in the project budget (Account No. 401-0000-60188, Project No. 2016-08) for the irrigation point of connection modification, sewer line modification, and circuit breaker panel in the amount of $60,602. This change order amount also accounts for a credit for replacing stolons with hydroseed. The following table shows the projects budgeted revenue sources: CONSENT CALENDAR ITEM NO. 7 83 Budget Arts in Public Spaces $ 300,000 Measure G Funding $ 1,621,900 Park & Rec DIF Fund $ 2,400,000 Quimby Funding $ 2,000,000 Total Budget: $ 6,321,900 The following is a list of all change orders to date: Total Contract Original Contract Amount: $ 4,218,880 Contract Change Order No. 1: $ 5,630 Contract Change Order No. 2: $ 8,759 Contract Change Order No. 3: $ 42,996 Contract Change Order No. 4: $ 35,195 Contract Change Order No. 5: $ 209,856 Contract Change Order No. 6: $ 321,900 Contract Change Order No. 7: $ 3,563 Contract Change Order No. 8: $ (14,695) Contract Change Order No. 9: $ 98,161 Contract Change Order No. 10: $ 30,345 This Contract Change Order No. 11 $ 60,602 Final Contract Amount: $ 5,021,192 BACKGROUND/ANALYSIS Proposed Change Order No. 11 is recommended for approval in the amount of $60,602 for the following: Irrigation point of connection modification and sewer line modification in the amount of $78,485. The irrigation point of connection needs to be modified because the original point of connection location could not be found. Adding a second pump to pull water directly from the existing lake was determined to be the most cost-efficient option to provide irrigation water to the site. Staff is currently coordinating with the Coachella Valley Water District to ultimately convert the lake water on the Venue Site from well water to canal water. Once this coordination is completed, Staff will bring this option for Council’s consideration. The sewer line alignment at the restroom, in the amount of $5,712, is recommended to be modified for functionality to reduce the amount of joints in the line, which will help with maintenance in the future. The addition of a 3-phase 30-circuit electric panel attached to the restroom, in the amount of $760, is recommended to have a safer system with the ability to expand in the future. The panel provided with the restroom building does 84 not contain enough breaker spaces for all the circuits indicated on the drawings, or for any future loads. The proposed Change Order No. 11 also accounts for a credit in the amount of $24,356 for replacing stolons with hydroseed. Aside from receiving a credit to change material, hydroseed was also chosen to replace stolon because it will cover the area better and there will be less labor involved. Staff does not recommend approval of adding irrigation and soil preparation for the overflow parking lot at this time. ALTERNATIVES Council may elect to not approve the change order or approve only parts of the change order. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1.Project Vicinity Map 2. Change Order No. 11 85 86 13187 88 Sheet 1 of 13 CONTRACT: SilverRock Park Venue PROJECT NO. 2016-08 CONTRACTOR: Urban Habitat PO Box 1177 La Quinta, CA 92247 CONTRACT CHANGE ORDER NO. 11 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for Restroom Sewer Realignment (2d) Total $ 5,712.40 This Contract Change Order allows for a Second Pump at the existing lake on-site (10d) Total $ 78,485.40 This Contract Change Order allows for Restroom 3-phase 30-circuit Panel (0d) Total $ 759.59 This Contract Change Order is a credit for replacing solons with hydroseed (0d) Total $(24,355.52) By reason of this contract change order the time of completion is adjusted as follows: - 12 - days added to contract time. The contract completion date shall be: 9/8/2020 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: Date: Previous Contract Amount Through CCO #10 $4,960,589.71 Add This Change Order No. 11 $60,601.87 Revised Contract Total $5,021,191.58 ATTACHMENT 2 89 CHANGE ORDER PROJECT: SILVERROCK PARK VENUE CONTRACTOR: URBAN HABITAT OWNER: CITY OF LA QUINTA CHANGE ORDER NUMBER: DATE: PROJECT NO.: ~4 7/29/20 2016-08 CO NTRACT DATE: CONTRACT FOR: Urban Habitat The Contract is changed as follows: Restroom Sewer Realignment (per the attached) $5,712.40 Not valid until si ned b the Owner, Architect and Contractor. The original Contract Sum was Net change by previously authorized Change orders The Contract Sum prior to this Change order was The Contract Sum will be amended by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be amended by The date of Substantial Completion as of the date of this Change Order therefore is $ 4,218,879.75 $ 741,709.71 $ 4,960,589.46 $5,712.40 $ 4,966,301.86 2 days N/A Urban Habitat City of La Quinta SUBCONTRACTO R CONTRACTOR OWNER PO Box 11771 La Quinta, CA92247 Address "]\uJ\ ~ Address BY BY BY~ iM. DATE DATE ili~~l~<),Q DATE AIA Form G701 90 Q ty Units Name Cost Cost Tax Subtotal Labor Material/ Subtotal Bonding Grand Total Each Markup Equipment Markup Takeoff Item: 6" Sewerline 5-7 feet deep Material 66 LF PIPESDR 6" SOR 35 PVC GSKT PIPE SOLID (20 FT) $2.66 $175.56 $15.36 $190.92 $28.64 $219.56 $4.39 $223.95 Material 66 LF #10 Tracer Wire $0.35 $23.10 $2.02 $25.12 $3.77 $28.89 $0.58 $29.47 Material 3 CY Pea Gravel $24.00 $72.00 $6.30 $78.30 $11.75 $90.05 $1.80 $91.85 Labor 8 HR Foreman Labor 6" Sewerline 5- 7 feet deep $80.46 $643.68 $643.68 $160.92 $804.60 $16.09 $820.69 Labor 8 HR Drainage Labor 6" Sewerline 5-7 feet deep $53.26 $426.08 $426.08 $106.52 $532.60 $10.65 $543.25 Labor 8 HR Equipment Operator Labor 6" Sewerline 5-7 feet deep $89.55 $716.40 $716.40 $179.10 $895.50 $17.91 $913.41 Equipment 8 HRS BackHoe 6" Sewerline 5-7 feet deep $49.79 $398.32 $34.85 $433.17 $64.98 $498.15 $9.96 $508.11 Equipment 8 HRS Lazer Level 6" Sewerline 5-7 feet deep $10.00 $80.00 $7.00 $87.00 $13.05 $100.05 $2.00 $102.05 Takeoff Item : Add 6" SDR-35 Cap 4' deep Material 1 EA FTGSWDRN 6" PVC SDR35 CAP (Hub) $8.50 $8.50 $0.74 $9.24 $1.39 $10.63 $0.21 $10.84 Labor 1 HR Drainage Labor Add 6" SDR-35 Cap 4' deep $53.26 $53.26 $53.26 $13.32 $66.58 $1.33 $67.91 Takeoff Item: Excavate and Remove 6" Sewerline- 4' deep Labor 5 HR Foreman Labor Excavate and Remove 6" Sewerline- 4' deep $80.46 $402.30 $402.30 $100.58 $502.88 $10.06 $512.93 Labor 5 HR Drainage Labor Excavate and Remove 6" Sewerline- 4' deep $53.26 $266.30 $266.30 $66.58 $332.88 $6.66 $339.53 Labor 6 HR Equipment Operator Labor Excavate and Remove 6" Sewerline- 4' deep $89.55 $537.30 $537.30 $134.33 $671.63 $13.43 $685.06 Equipment 6 HRS BackHoe Excavate and Remove 6" Sewerline- 4' deep $49.79 $298.74 $26.14 $324.88 $48.73 $373.61 $7.47 $381.08 Takeoff Item : Install new 6" SDR35 wye to Existing sewerline 6.5' deep Material 4 EA FTGSWDRN 6" PVC WYE (Hubx Hub x Hub) $35.78 $143.12 $12.52 $155.64 $23.35 $178.99 $3.58 $182.57 Material 1 EA 6" Fernco $22.00 $22.00 $1.93 $23.93 $3.59 $27.51 $0.55 $28.06 Labor 4 HR Drainage Labor Install new 6" SDR35 wye to Existing sewerline 6.5' deep $53.26 $213.04 $213.04 $53.26 $266.30 $5.33 $271.63 To tal: $5,712.40 91 CHANGE ORD ER PROJECT: SIL VERROCK PARK VENUE CONTRA CTOR: URBAN HABITAT OWNER: CITY OF LA QUINTA CHANGE ORDER NUMB ER: DATE: PROJECT NO.: 35 7/29/20 2016-08 CO NTRACT DATE: CONTRACT FOR: Urban Habitat The Contract is changed as follows: Pump Station (per the attached) $66,758.26 Subcontractor Brudvik Grand Total $ 10,452.00 Markup $ 1,045.20 Subtotal $ 11,497.20 Bonding $ 229.94 Total $ 11,727.14 $ 78,485.40 Not valid until si ned b the 0-.vner, Architect and Contractor. The original Contract Sum was Net change by previously authorized Change orders The Contract Sum prior to this Change order was The Contract Sum will be amended by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be amended by The date of Substantial Completion as of the date of this Change Order therefore is $ 4,218,879.75 $ 741,709.71 $ 4,960,589.46 $78,485.40 $ 5,039,074.86 10 days N/A Urban Habitat City of La Quinta SUBCONTRACTO R CO NTRACTOR OWNER Address Address BY BY DATE DATE AIA Form G701 92 Qty Units Nam e Cost Cost Tax Subotal Labor M aterial Subtotal Bonding Grand Total Each M arkup Equip. M ark up Takeoff Item : 6" Concret e Slab fo r Pum p Ba se- Sub Contract or Subcontract 31 SQ Fr 6" Concrete Slab for Pump Base- Sub Contractor SF $22.00 $682.00 $682.00 $682.00 $13.64 $695.64 Takeoff Item: 6" DUCTILE IRON GATE W/2" OPERATING NUT LEEMCO Material 1 EA 6" Cast Iron Flanged Gate Valve $285.53 $285.53 $24.98 $310.51 $46.58 $357.09 $7.14 $364.23 Material 1 EA TORO 10" ROUND VALVE BOX WI TH BLACK LID $9.56 $9.56 $0.84 $10.40 $1.56 $11.96 $0.24 $12.20 Material 2 LF ft. 8" PVC SDR35 SEWE R PIPE Slee ve $3.81 $7.62 $0.67 $8.29 $1.24 $9.53 $0.19 $9.72 Material 1 EA PURPLE RECLAIMED WATER TAG $2.44 $2.44 $0.21 $2.65 $0.40 $3.05 $0.06 $3.11 Material 2 EA 6" HDPE Flange Adapter DR9 machined to DR11 / Resin 4710 $19.61 $39.22 $3.43 $42.65 $6.40 $49.05 $0.98 $50.03 Material 2 EA NBG Kit 6" STAI NLESS STEEL BO LTS $48.16 $96.32 $8.43 $104.75 $15.71 $120.46 $2.41 $122.87 Material 2 EA Back Up Rings 6" DR7 EPOXY COATED $13.29 $26.58 $2.33 $28.91 $4.34 $33.24 $0.66 $33.91 La bor 1 HR IRRIGATI ON LA BOR 6" DUCTILE IRON GATE W/2" OPERATING NUT LEEMCO $53.26 $53.26 $53.26 $13.32 $66.58 $1.33 $67.91 Takeoff Item : 6"- 45 deg Sch 80 Solvent Weld Material 6 EA 6" 45 ELL, SXS SCH 40 PVC $22.53 $135.18 $11.83 $147.01 $22.05 $169.06 $3.38 $172.44 Material 12 EA NBG Kit 6" STAINLESS STEEL BOLTS $48.16 $577.92 $50.57 $628.49 $94.27 $722.76 $14.46 $737.22 Labor 6 HR Irrigation Labor 6"- 45 deg Sch 80 Solvent Weld $53.26 $319.56 $319.56 $79.89 $399.45 $7.99 $407.44 Takeoff Item : 6" PVC C-900 Irrigation Line and conduit Material 180 Fr 6" CL235 DR 18 PVC PIPE, AWWA C900-07, 20' LENGTHS $4.71 $847.80 $74.18 $921.98 $138.30 $1,060.28 $21.21 $1,081.4~ Material 180 Fr 3" DETECTABLE TAPE IRRIGATION BLUE 1000' ROLL $0.05 $9.00 $0.79 $9.79 $1.47 $11.26 $0.23 $11.48 Material 340 Fr 2" GREY SCH 40 PVC CONDUIT BE, 20' LENGTH $0.68 $231.20 $20.23 $251.43 $37.71 $289.14 $5.78 $294.93 Labor 9 HR Irrigation Labor 6" PVC C-900 Irrigation Line and conduit $53.26 $479.34 $479.34 $119.84 $599.18 $11.98 $611.16 Labor 9 HR Irrigation Labor 6" PVC C-900 Irrigation Line and conduit $53.26 $479.34 $479.34 $119.84 $599.18 $11.98 $611.16 Labor 9 HR Irrigation Labor 6" PVC C-900 Irrigation Line and conduit $80.46 $724.14 $724.14 $181.04 $905.18 $18.10 $923.28 Labor 9 HR Equipment Operator Labor 6" PVC C-900 Irrigation Line and conduit $89.55 $805.95 $805.95 $201.49 $1,007.44 $20.15 $1,027.5~ Equipment 9 HRS BackHoe 6" PVC C-900 Irrigation Line and conduit $49.79 $448.11 $39.21 $487.32 $73.10 $560.42 $11.21 $571.63 Takeoff Item : 6" PVC C-900 Irrigation Line- FILL Line to new POC by Pump Material 260 Fr 6" CL235 DR 18 PVC PIPE, AWWA C900-07, 20' LENGTHS $4.71 $1,224.60 $107.15 $1,331.75 $199.76 $1,531.52 $30.63 $1,562.1~ Material 253 Fr 3" DETECTABLE TAPE IRRIGATION BLUE 1000' ROLL $0.05 $12.65 $1.11 $13.76 $2.06 $15.82 $0.32 $16.14 Labor 13 HR Irrigation Labor 6" PVC C-900 Irrigation Line- FILL Line to new POC by Pump $53.26 $692.38 $692.38 $173.10 $865.48 $17.31 $882.78 La bor 13 HR Irrigation Labor 6" PVC C-900 Irrigation Line- FILL Line to new POC by Pump $53.26 $692.38 $692.38 $173.10 $865.48 $17.31 $882.78 La bor 13 HR Fo reman Labo r 6" PVC C-900 Irrigation Line- FILL Line to new POC by Pump $80.46 $1,045.98 $1,045.98 $261.50 $1,307.48 $26.15 $1,333.6, Labor 13 HR Equipment Operator Labor 6" PVC C-900 Irrigation Line- FILL Line to new POC by Pump $89.55 $1,164.15 $1,164.15 $291.04 $1,455.19 $29.10 $1,484.2~ Equipment 13 HRS BackHoe 6" PVC C-900 Irrigation Line- FILL Line to new POC by Pump $49.79 $647.27 $56.64 $703.91 $105.59 $809.49 $16.19 $825.68 Takeoff Item : 6" PVC SCH Fill line (in Lake) Material 40 Fr 6" CL235 DR 18 PVC PIPE, AWWA C900-07, 20' LENGTHS $4.71 $188.40 $16.49 $204.89 $30.73 $235.62 $4.71 $240.33 Labor 3 HR Foreman Labor 6" PVC SCH RII line (in Lake) $80.46 $241.38 $241.38 $60.35 $301.73 $6.03 $307.76 Labor 3 HR Equipment Operator Labor 6" PVC SCH Fill line (in Lake) $89.55 $268.65 $268.65 $67.16 $335.81 $6.72 $342.53 Equipment 3 HRS BackHoe 6" PVC SCH Fill line (in Lake) $49.79 $149.37 $13.07 $162.44 $24.37 $186.81 $3.74 $190.54 93 Takeoff Item : Concrete Th rust Blocks $0.00 Material 7 EA Concrete Thrust Blocks $15.00 $105.00 $9.19 $114.19 $17.13 $131.32 $2.63 $133.94 La bor 6 HR Irrigation Labo r Concre te Thrust Blocks $53.26 $319.56 $319.56 $79.89 $399.45 $7.99 $407.44 Takeoff Item: Lake Pump- Enclosure Assembly, Skid and Enclosure (Flange to Flange) Material 1 EA La ke Pump- Enclos ure Assembly, Skid and Enclosure (Flange to Flange) $30,857.00 $30,857.00$2,699.99$33,556.99 $5,033.55 $38,590.54 $771.81 $39,362.35' La bor 24 HR Fo reman Labo r La ke Pump- Enclosure Assembly, Skid and Enclosure (Flange to Flange) $80.46 $1,931.04 $1,931.04 $482.76 $2,413.80 $48.28 $2,462.08 La bor 24 HR Irrigation Labo r La ke Pump- Enclosure Assembly, Skid and Enclosure (Flange to Flange) $53.26 $1,278.24 $1,278.24 $319.56 $1,597.80 $31.96 $1,629.76 Labor 24 HR Equipment Operator Labor Lake Pump- Enclosure Assembly, Skid and Enclosure (Flange to $89.55 $2,149.20 Flange) $2,149.20 $537.30 $2,686.50 $53.73 $2,740.2:!i Equipment 8 HRS 10 Ton Lift Lake Pump- Enclosure Assembly, Skid and Enclosure (Flange to Range) $100.00 $800.00 $8.75 $808.75 $121.31 $930.06 $18.60 $948.66 Takeoff Item : Pump suction Line and Strainer Material 12 EA Masonry Blocks $2.25 $27.00 $2.36 $29.36 $4.40 $33.77 $0.68 $34.44 Material 1 EA 6" Pump Suction Screen and Foot Valve $175.00 $175.00 $15.31 $190.31 $28.55 $218.86 $4.38 $223.24 Material 2 EA 5' long x 2" wide Stainless Steel Clamps $125.00 $250.00 $21.88 $271.88 $40.78 $312.66 $6.25 $318.91 Material 10 EA Bags of Grout/Epoxy Bond $15.00 $150.00 $13.13 $163.13 $24.47 $187.59 $3.75 $191.35 Labor 8 HR Irrigation Labor Pump suction Line and Strainer $53.26 $426.08 $426.08 $106.52 $532.60 $10.65 $543.25 Labor 8 HR Foreman Labor Pump suction Line and Strainer $80.46 $643.68 $643.68 $160.92 $804.60 $16.09 $820.69 Takeoff Item : Repair and Replace Existing Irrigation system and Transplant Shrubs Material 1 EA Repair and Replace Existing Irrigation system and Transplant Shrubs $100.00 $100.00 $8.75 $108.75 $16.31 $125.06 $2.50 $127.56 Labor 8 HR Irrigation Labor Repair and Replace Existing Irrigation system and Transplant Shrubs $53.26 $426.08 $426.08 $106.52 $532.60 $10.65 $543.25 Takeoff Item: Rock Base for Pump Pad Material 2 TON Rock Base for Pump Pad $40.00 $80.00 $7.00 $87.00 $13.05 $100.05 $2.00 $102.05 Labor 1 HR Landscape Labor Rock Base for Pump Pad $53.26 $53.26 $53.26 $13.32 $66.58 $1.33 $67.91 Labor 1 HR Landscape Labor Rock Base for Pump Pad $53.26 $53.26 $53.26 $13.32 $66.58 $1.33 $67.91 Labor 1 HR Equipment Operator Labor Rock Base for Pump Pad $89.55 $89.55 $89.55 $22.39 $111.94 $2.24 $114.18 Equipment 1 HRS T300 Bobcat Skid Steer Rock Base for Pump Pad $35.00 $35.00 $35.00 $5.25 $40.25 $0.81 $41.06 Total $66,758.26 94 B ru d v ik , In c . 600 Eugene Road Palm Springs, CA 92264 Phone: (760) 320-4429 Fax: (760) 323-3302 License #482623 CHANGE ORDER REQUEST To: Urban Habitat Date: 7/28/2020 Attn: ---,-~---------- Project: LQ Silverrock Park Venue Job# _ COR# 6R Description of Work: Provide and install a 125-amp 3-pole breaker in main service panel, provide and install feeder conductors, and terminate line voltage conductors to lake pump. Also includes connections to controls provided with packaged pump station. Excludes trenching, conduit, and conduit installation. Price this Request $10,452.00 Signed: Larry "Bo" Ford Brudvik, Inc. Date: 7/28/2020 Accepted: _ Date: _ 95 P r ic e S u mm a r y R e p o rt La Quinta Silverrock Park Venue Add 125-amp circuit for lake booster pump and connect controls Materials $ 4,96 9.68 Sales Tax 9.25% $ 459.70 Subtotal $ 5,429.3 8 Markup 15.00% $ 814.4 1 $ 6,243.78 Supplier Quotes $ Sales Tax 9.25% $ Subtotal $ Markup 15.00% $ $ Subcontractor $ Sales Tax 0.00% $ Subtotal $ Markup 10 .00% $ $ Rental Equipment $ Sales Tax 9.25% $ Subtotal $ Markup 15.00% $ $ Labor Rate Hours $72 .8 7 X 46.2 1 $ 3,367.3 2 Markup 25.0 0% $ 841.83 $ 4,209.15 Subtotal $ 10,452.94 ~ Bond $ 10,452.94 lsell Pric e 10,452.00 I $ 96 Ext Price Labor Unit Ext Labor Item # Item Nam e Q uantity Price Unit Unit Unit 40 12 THHN STR CU BLK 500 W IRE 948.00 $0.265 $251.67 0.006 5.69 43 6 THH N STR CU BLK 2000R W IRE 21 0.00 $1.145 $240.38 0.010 2.20 48 1/0 THH N STR CU BLK 500R WI RE 630.00 $3.704 $2,333.76 0.021 13.23 72 5 1 AL LB Condulet Body 2.00 $11.528 $23.06 0.3 75 0.75 72 7 1-1/2 AL LB Condulet Body 2.00 $23.974 $47.95 0.525 1.05 810 1 AL Condulet Body Cover 2.00 $2.998 $6.00 0.375 0.75 812 1-1/2 AL Condulet Body Cover 2.00 $4.4 70 $8.94 0.000 0.00 823 1 Condulet Body Gasket 2.00 $1.910 $3.82 0.375 0.75 825 1-1/2 Condulet Body Gasket 2.00 $2.224 $4.4 5 0.000 0.00 1,078 3/4" X 12" NIPPLE GRC 2.00 $12.474 $24.95 0.180 0.36 1,089 1" X 12" NIPPLE GRC 4.00 $17.154 $68.62 0.225 0.90 1,10 8 1-1/2"X 6" NIPPLE GRC 2.00 $12.834 $25.67 0.240 0.4 8 1,111 1-1/2"X 12" NIPPLE GRC 4.00 $25.623 $102.4 9 0.240 0.96 1,502 3/4 Locknut 2.00 $0.202 $0.4 0 0.015 0.03 1,503 1 Locknut 4.00 $0.334 $1.3 3 0.023 0.09 1,505 11/2 Locknut 4.00 $0.670 $2.68 0.023 0.09 1,566 3/4 Insul Grn d Bushing-D ie Cast 2.00 $4.630 $9.26 0.270 0.54 1,567 1 Insul Grn d Bushing-D ie Cast 4.00 $4.831 $19.33 0.300 1.20 1,569 11/2 Insul Grn d Bushing-D ie Cast 4.00 $6.590 $26.36 0.3 75 1.50 2,702 3/4 PVC Sch 40 90-degree Elbow 3.00 $0.858 $2.57 0.150 0.4 5 2,703 1 PVC Sch 40 90-degree elbow 4.00 $1.299 $5.20 0.150 0.60 2,705 11/2 PVC Sch 40 90-degree Elbow 4.00 $2.591 $10 .36 0.225 0.90 2,945 3/4 PVC CO UPLI N G 3.00 $0.310 $0.93 0.023 0.07 2,946 1 PVC CO UPLI N G 4.00 $0.4 70 $1.88 0.023 0.09 2,948 11/2 PVC CO UPLI N G 4.00 $0.876 $3.50 0.030 0.12 2,967 3/4 PVC FEM A LE AD PT 2.00 $0.597 $1.1 9 0.2 25 0.45 2,968 1 PVC FEM A LE AD PT 2.00 $0.813 $1.63 0.3 00 0.60 2,970 11/2 PVC FEM A LE AD PT 4.00 $1.292 $5.17 0.375 1.50 3,277 3/4 FLEX W P 6.00 $1.877 $11.2 6 0.075 0.4 5 3,278 1 FLEX W P 10.00 $2.826 $28.26 0.045 0.45 3,280 11/2 FLEX W P 10.00 $4.505 $45.05 0.075 0.75 3,301 3/4 LT Flex Conn-Steel-Str-Jns Thrt 2.00 $10 .539 $21.08 0.13 5 0.27 3,302 1 LT Flex Conn-Steel-Str-Jns Thrt 4.00 $20.711 $82.85 0.150 0.60 3,304 11/2 LT Flex Conn-Stl-Str-Jns Thrt 4.00 $42.325 $169.3 0 0.210 0.84 11 ,844 lG W P BLAN K 1.00 $2.090 $2.09 0.075 0.08 12,289 lG BELL BO X 4HU BS 3/4" 1.00 $15.764 $15.76 0.375 0.38 60,051 Ex cavate Pull Box 1.00 $0.000 $0.00 1.500 1.50 97 60,052 Pull Box Gravel 1.00 $22.500 $22.50 1.050 1.05 60,053 Brick 2.00 $3.750 $7.50 0.000 0.00 60,054 Concrete Pull Box 1.00 $54.000 $54.00 1.500 1.50 60,13 8 125/3 Add-to-Existing w/Hardware 1.00 $1,276.500 $1,276.50 3.000 3.00 ~4 969.68 46.21 98 CHANGE ORDER PROJECT: SILVERROCK PARK VENUE CONTRACTOR: URBAN HABITAT OWNER: CITY OF LA QUINTA CHANGE ORDER NUMBER: DATE: PROJECT NO.: 36 7/29/20 2016-08 CO NTRACT DATE: CO NTRACT FOR: Urban Habitat The Contract is changed as follows: Provide a 3-phase 30-circuit panel with main circuit breaker and distribution breakers in the restroom building Brudvik $677.00 Subcontractor Markup $67.70 Subtotal $744.70 Bonding $14.89 Grand Total $759.59 Not valid until si ned b the Owner Architect and Contractor. The original Contract Sum was Net change by previously authorized Change orders The Contract Sum prior to this Change order was The Contract Sum will be amended by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be amended by The date of Substantial Completion as of the date of this Change Order therefore is $ 4,218,879.75 $ 741,709.71 $ 4,960,589.46 $759.59 $ 4,961,349.05 0 NIA Urban Habitat City of La Quinta SUBCONTRACTOR CO NTRACTOR OWNER Address Address BY BY DATE DATE AIA Form G701 99 Brudvik, Inc. 600 Eugene Road Palm Springs, CA 92264 Phone: (760) 320-4429 Fax: (760) 323-3302 License #482623 CHANGE ORDER REQUEST To: Urban Habitat Date: 7/17/2020 Attn: --------------- Project: LQ Silverrock Park Venue Job# _ COR# 5 Description of Work: Provide a 3-phase 30-circuit panel with main circuit breaker and distribution breakers in the restroom building. Price this Request $677 .00 Signed: Larry "Bo" Ford Brudvik, Inc. Date: 7/17/2020 Accepted: _ Date: ---- 100 CHANGE ORDER PROJECT: SILVERROCK PARK VENUE CONTRACTOR: URBAN HABITAT OWNER: CITY OF LA QUINTA CHANGE ORDER NUMBER: DATE: PROJECT NO.: 37 7/29/20 2016-08 CONTRACT DATE: CONTRACT FOR: Urban Habitat The Contract is changed as follows: Per COR 22, 209,600 square feet of sod was to be replaced with stolons. This change order would change the installation to hydroseed (at a cost of $0.748 per squarefoot, resulting in a furthe credit of $0.1162 per square foot ($24,355.52). 209,600 square feet of hydroseed in lieu of stolons Overflow parking 81,920 squarefeet hydroseeded Credit for Overflow parking soil stabilizer: $0.035/sqft installed Soil prep for overflow parking area Irrigation for overflow parking area Maintenance for overflow parking area Total: $ (24,355.52) $ 6,127.62 $ (2,867.20) $ 10,610.16 $ 41,005.95 $ 3,933.25 $ 34,454.26 Not valid until si ned b the Owner, Architect and Contractor. The original Contract Sum was Net change by previously authorized Change orders The Contract Sum prior to this Change order was The Contract Sum will be amended by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be amended by The date of Substantial Completion as of the date of this Change Order therefore is $ 4,218,879.75 $ 741,709.71 $ 4,960,589.46 $ 34,454.26 $ 4,995,043.72 15 days N/A Urban Habitat City of La Quinta SUBCONTRACTOR CONTRACTOR OWNER Address Address BY BY DATE DATE AIA Form G701 101 102 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE CODORNIZ RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 32070) LOCATED ON THE SOUTHEAST CORNER OF AVENUE 52 AND JEFFERSON STREET RECOMMENDATION Accept the off-site and on-site improvements associated with Tract Map No. 32070, Codorniz; authorize staff to release performance securities; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements. EXECUTIVE SUMMARY •Codorniz is a residential project located on the southeast corner of Avenue 52 and Jefferson Street (Attachment 1). •RJT Homes-Codorniz, LLC (Developer) has requested release of the performance, labor and materials securities. •Since all off-site and on-site improvements have been completed, staff recommends acceptance, and release of the performance, labor and materials securities. FISCAL IMPACT This action will require the City to maintain four storm drain catch basins on Avenue 52 and Jefferson Street fronting the project after the one-year warranty period. The maintenance operating budget will not be affected since catch basins are maintained by City maintenance staff. BACKGROUND/ANALYSIS The Developer has completed all off-site and on-site improvements required by Tract Map No. 32070. The improvements include pavement, curb and gutter, curb ramps, signing and striping, storm drains, catch basins, water and sewer improvements, landscaping, and survey monumentation. Staff inspected the improvements and verified they meet City-approved plans and standards. CONSENT CALENDAR ITEM NO. 8 103 ALTERNATIVES Accepting improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 104 V I C I N I T Y M A P NOT TO SCALE TM 32070 – Codorniz ATTACHMENT 1 105 106 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: ACCEPT THE ELECTRIC VEHICLE CHARGING STATIONS PROJECT LOCATED AT LA QUINTA PARK AND THE NORTHEAST CORNER OF WASHINGTON STREET AND HIGHWAY 111 (PROJECT NO. 2019-12) RECOMMENDATION Accept the Electric Vehicle Charging Stations Project as 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 $2,738, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY •The Electric Vehicle Charging Stations project installed electric vehicle charging stations and Americans with Disabilities Act (ADA) ramps at La Quinta Park and the northeast corner of Washington Street and Highway 111. •The work is complete and Council acceptance will close the contract and allow final payment. FISCAL IMPACT The City received a Mobile Source Air Pollution Reduction (MSRC) grant in the amount of $51,780. The City’s required 25% match is $17,000 and allocated from AB 2766 Funds. The following is the financial accounting for Project No. 2019-12: Original Contract Amount $46,053 Contract Change Order No. 1 $5,500 Contract Change Order No. 2 $3,200 Contract Change Order No. 3 $3,972 Final Contract Amount $58,725 Project Budget $ 68,780 Final Contract Amount ($58,725) Inspection, Survey, Plans, & Other Construction Costs ($5,881) Anticipated Funds Remaining* $4,174 CONSENT CALENDAR ITEM NO. 9 All costs to date have been accounted for and no further costs are anticipated.* 107 There are adequate funds to close this project; the final retention amount of $2,737.63 will be paid from account number 235-0000-20600. Remaining funds will be recognized as budgetary savings. BACKGROUND/ANALYSIS In December 2019, the City solicited bids for this Project; one response was received by Creative Lighting & Electrical, Inc. On February 18, 2020, the City executed a contract with Creative Lighting & Electrical, Inc., in the amount of $46,053, to install electric vehicle charging stations and construct new ADA ramps at the northeast corner of Washington Street and Highway 111 and in La Quinta Park. On February 27, 2020, a Notice to Proceed was issued with a 15-working day completion time starting on March 2, 2020 and ending on March 20, 2020. The project was deemed substantially complete on April 10, 2020. No liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued for concrete work quantity adjustments for demo, sidewalk, and curb. Contract Change Order No. 2 was issued for the removal and restoration of a panel in the sidewalk to run conduit. Contract Change Order No. 3 was issued for quantity adjustments for conduit and wire inside of the park building. The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 108 BLACKHAWK WAY La Quinta Park 0 40 80 12020FeetÜSITE PLAN - LA QUINTA PARK ^_ LEGENDCONSTRUCTION NOTES PROPOSEDSTALLLOCATION ^_ ^_ PROPOSEDPEDESTALLOCATIONS EXISTINGMETERLOCATION ATTACHMENT 1 109 WASHINGTON ST·|}þ1 1 1 AAA-Automobile Clubof Southern California 0 40 80 12020FeetÜSITE PLAN - ONE ELEVEN LQ ^_ LEGENDCONSTRUCTION NOTES PROPOSEDSTALLLOCATION ^_ ^_ PROPOSEDPEDESTALLOCATIONS EXISTINGMETERLOCATION 110 One Eleven LQ La Quinta Park H i g hw a y 1 1 1Washington StreetAdams Street111 112 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2017-0012, INCLUDING SITE PLAN, ARCHITECTURAL DESIGN AND LANDSCAPING FOR PLANNING AREA 2 OF THE CENTRE AT LA QUINTA SPECIFIC PLAN; LOCATION: SOUTHWEST CORNER OF AUTO CENTER DRIVE AND LA QUINTA DRIVE; CEQA: REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 2017-0009 AND NO FURTHER REVIEW IS REQUIRED RECOMMENDATION Adopt a Resolution to approve time extension for Site Development Permit 2017-0012 to July 3, 2022, including site plan, architectural design and landscaping for Planning Area 2 of the Centre at La Quinta Specific Plan located at the southwest corner of Auto Center Drive and La Quinta Drive ; and under the requirements of the California Environmental Quality Act no further review is required. EXECUTIVE SUMMARY •SLF-Adams Street La Quinta, LLC (Applicant) has requested a two-year extension for the Site Development Permit (SDP) originally approved in 2018. This will be the first extension. •The SDP was approved for 131-residential condominiums in Planning Area 2 of the Centre at La Quinta project. •Applicant states that the project has not progressed due to current economic conditions. •Revisions to the conditions of approval are limited to changes in codes, procedures, and other requirements resulting from updates. The Applicant has accepted the updated conditions of approval. FISCAL IMPACT - None BACKGROUND/ANALYSIS The SDP approves 131-detached residential condominiums in Planning Area 2 of the Centre at La Quinta Specific Plan located on the southwest corner of Auto Center Drive and La Quinta Drive. The architectural and landscaping plans for the project were originally approved on July 3, 2018 by the City Council. On CONSENT CALENDAR ITEM NO. 10 113 June 9, 2019, the Applicant applied for its first extension. The Applicant states that due to the current economic conditions, it has been difficult to find the correct building partner to successfully execute the project and that ongoing discussions with multiple builders are occurring. Therefore, the applicant is requesting a two-year extension. The Council may grant an extension to the period of validity for up to two years if it finds that such an extension is justified by the circumstances of the project. If approved, the SDP will be extended to July 3, 2022. The architectural design of the condominiums is a mix of Spanish modern architecture of three styles: desert contemporary, abstract mission, and transitional Spanish . The units will be flat-roofed, all but one plan will be two- story and some units will include roof decks. The architecture includes strong vertical planes, limited ornamentation, and color blocking using three color schemes. There are no proposed changes to the project at this time. Staff-recommended revisions to the conditions of approval are minimal and limited to updates based on changes in codes and procedures. The Applicant accepts the updated conditions of approval. ENVIRONMENTAL REVIEW The proposed project was reviewed under the requirements of the California Environmental Quality Act (CEQA). The Design and Development Department determined that the application is a “project” as defined by CEQA. However, they also found that the currently proposed project is consistent with Environmental Assessment 2017-0009 reviewed for the Centre at La Quinta Specific Plan Amendment No. 5 and approved in 2018. ALTERNATIVES Council may approve the time extension request and add conditions of approval or deny the request. Prepared by: Sijifredo Fernandez, Associate Planner Approved by: Danny Castro, Design and Development Director Attachments: 1.Vicinity Map 2.Justification Letter 3.Site Development Permit Plan Set 114 RESOLUTION 2020 – XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FIRST TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2017-0012 FOR CONSTRUCTION OF 131 HOUSING UNITS WITHIN THE CENTRE AT LA QUINTA, LOCATED AT THE SOUTHWEST CORNER OF AUTO CENTER DRIVE AND LA QUINTA DRIVE CASE NUMBER: SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012, EXTENSION 1) APPLICANT: SLF-ADAMS STREET LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 4th day of August, 2020, consider a request by SLF-Adams Street La Quinta, LLC, for the Site Development Permit (SDP), originally approved in 2018, generally located at the southwest corner of Auto Center Drive and La Quinta Drive, more particularly described as: APN: 600-340-049, 600-340-050, 600-340-051 and 600-340-052 WHEREAS, the City Council of the City of La Q uinta, California did, on the 3rd day of July, 2018, hold a duly noticed Public Hearing to consider SDP 2017-0012, EA 2017-0009, GPA 2017-0001, SP 2017-0003, TTM 2017-0007 and approved said applications; and, WHEREAS, the applicant, on the 9th day of June 2020, did apply for a first time extension for SDP 2017-0012; and, WHEREAS, the Design and Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2017-0009 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was adopted on July 3, 2018. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the finding that the time extension is justified by the circumstances of 115 City Council Resolution 2020 - XXX Site Development Permit 2020-0003 (SDP2017-0012, Extension 1) Adopted: August 4, 2020 Page 2 of 3 the project, pursuant to Section 9.200.080(D) of the Municipal Code, that current economic conditions have affected the applicant’s ability to find a suitable builder; and, WHEREAS, said time extension is consistent with the findings of SDP 2017-0012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. SECTION 2. That the SDP extension is consistent with the Mitigated Negative Declaration and associated Mitigation Monitoring Program (Environmental Assessment 2017-0009) for the project, adopted on July 3, 2018, and no changed circumstances or conditions are proposed, nor has any new information been submitted, which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. That it does hereby grant a first time extension to July 3, 2022, for Site Development Permit 2020-0003 (SDP 2017-0012, Extension 1), 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 City of La Quinta City Council, held on this the 4th day of August 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 116 City Council Resolution 2020 - XXX Site Development Permit 2020-0003 (SDP2017-0012, Extension 1) Adopted: August 4, 2020 Page 3 of 3 ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: __________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta 117 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 1 of 26 GENERAL 1.The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2.Site Development Permit 2020-0003 (SDP 2017-0012 Time Extension) shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 2017-0009 Tentative Tract Map 2017-0001 Specific Plan 2017-0003 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Manager shall adjudicate the conflict by determining the precedence. 3.The Site Development Permit shall expire two years from City Council approval and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 4.Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: •Riverside County Fire Marshal •La Quinta Development Services Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) •La Quinta Planning Division •Riverside Co. Environmental Health Department •Desert Sands Unified School District (DSUSD) •Coachella Valley Water District (CVWD) •Imperial Irrigation District (IID) •California Regional Water Quality Control Board (CRWQCB) •State Water Resources Control Board 118 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 2 of 26 •SunLine Transit Agency (SunLine) •South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5.Coverage under the State of California General Construction Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharger Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6.The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7- 2013-0011 and the State Water Resources Control Board’s Order No. 2012- 0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant 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. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1)Temporary Soil Stabilization (erosion control). 2)Temporary Sediment Control. 119 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 3 of 26 3)Wind Erosion Control. 4)Tracking Control. 5)Non-Storm Water Management. 6)Waste Management and Materials Pollution Control. D. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. E. The inclusion in the Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post- construction BMPs as required. 7.Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 8.Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9.Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 10.Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 11.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 120 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 4 of 26 irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 12.Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13.The applicant shall offer for dedication all public street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14.The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1)Adams Street – No additional right of way dedication is required. 2)La Quinta Drive – No additional right of way dedication is required. 15.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. 16.When the City Engineer determines that access rights to the proposed street rights-of-way shown on the approved Site Development Permit are necessary prior to approval of the improvements dedicating such rights-of- way, the applicant shall grant the necessary rights-of-way within 60 days of a written request by the City. 17.Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 18.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. 121 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 5 of 26 19.Direct vehicular access to Adams Street and La Quinta Drive is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 20.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. STREET AND TRAFFIC IMPROVEMENTS 21.The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 22.Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 23.The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF-SITE STREETS 1)Adams Street a.The applicant shall pay his fair-share (67.6% calculated in the Traffic Impact Analysis, Table 1-6) towards the design and construction of a northbound deceleration/right turn only lane on Adams Street at Auto Center Drive. The amount of the applicant’s fair share for the above- mentioned improvements shall be as approved by the City Engineer. b.Widen the east side of the street along frontage as necessary in order to accommodate a deceleration/right turn only lane serving the main entrance to the project. 122 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 6 of 26 c.Reconstruct the existing landscaped median to provide the left turn in with physical left turn out restriction and restore the median landscaping. 2)La Quinta Drive a.The applicant shall pay the City to restripe dual northbound left turn lanes and a through/right turn lane with modification made to the traffic signal detection zones at the intersection of Highway 111. 3)Auto Center Way South a.The applicant shall construct curb, gutter, and 6-foot wide sidewalk on the east side. 4)Auto Center Drive and Auto Center Way – The applicant shall reconstruct the roundabout to include a truck apron. Other required improvements in the right-of-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. The applicant is responsible for construction of all improvements mentioned above. The applicant shall extend improvements beyond the project 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). B. INTERNAL STREETS 1)Construct internal streets per the approved Site Development Permit Preliminary Grading Plan and/or as approved by the City Engineer. Minimum street width shall be 25 feet except at the entry accessway. On-street parking shall be prohibited except in designated parking stall areas. The applicant shall make provisions for perpetual enforcement of the “No Parking” restrictions. 2)The location of driveways shall not be located within the curb 123 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 7 of 26 return and away from intersections, when possible. 24.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: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c /5.5" c.a.b. Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials per the City Engineer. 25.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. 26.All gated entries shall provide for a three-car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn-around outlet for non-accepted vehicles or as approved by the City Engineer. 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 (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn-around opening provided. 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. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. 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. 124 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 8 of 26 27.General access points and turning movements of traffic are limited to the following: Adams Street (Primary Entry): Right turn in, right turn out, and left turn in movements are permitted. Left turn movements out are prohibited. La Quinta Drive (Secondary Entry): Full turn movements in and out are allowed. 28.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. 29.Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 30.Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. PARKING and ACCESS POINTS 31.The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 28 feet or as approved by the City Engineer. 125 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 9 of 26 Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 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. 32.Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 33.The following improvement plans shall be prepared and submitted for review and approval by the Development Services Division. 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. PM10 Plan 1” = 40’ Horizontal C. Erosion Control Plan 1” = 40’ Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. Off-Site Street Improvement/Storm Drain Plan 1" = 40' Horizontal, 1" = 4' Vertical F. Off-Site Signing & Striping Plan 1” = 40’ Horizontal The Off-Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, 126 CITY COUNCIL RESOLUTION 2020-XXX CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 10 of 26 mounding, and berming design in the combined parkway and landscape setback area. G. On-Site Precise Grading Plan 1” = 30’ Horizontal H. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical NOTE: E through H to be submitted concurrently. (Separate Storm Drain Plans if applicable) Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2016 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Division. “On-Site Precise Grading” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 127 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 11 of 26 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Design and Development Department at the City website (www.la-quinta.org). Please navigate to the Design and Development Department home page and look for the Standard Drawings hyperlink. 35. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 36. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 37. Prior to constructing any off-site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off-site improvements, or as approved by the City Engineer. 38. 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. 39. 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, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. 128 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 12 of 26 Improvements and obligations required of each subsequent phase shall either be completed, or secured, 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. 40. Depending on the timing of the development of this Site Development Permit, 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 Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. 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 Site Development Permit, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 41. 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 as approved by the City Engineer. 129 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 13 of 26 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. GRADING 42. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 43. 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. 44. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by a n engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. WQMP prepared by an appropriate professional registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 130 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 14 of 26 45. 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. 46. 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 modifi ed by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 47. 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, or as approved by the City Engineer. 48. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. 49. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 50. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevations shown on the approved Site Development Permit, the applicant shall submit the proposed grading changes to the City Engineer for a substantial conformance review. 51. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, 131 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 15 of 26 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. DRAINAGE 52. Stormwater handling shall conform with the approved hydrology and drainage report for the Centre at La Quinta project (TTM 37359 and SDP2017-0012), or as approved by the City Engineer. Nuisance water shall be disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 53. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 54. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06 -16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 55. 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 and as approved by the City Engineer. 56. 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. 57. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 58. For on-site above ground common retention basins, retention depth shall be 132 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 16 of 26 according to Engineering Bulletin No. 06 -16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems, unless otherwise approved by the City Engineer. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 59. 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 str eet right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 60. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 61. 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. 62. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 63. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be 133 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 17 of 26 provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 64. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 65. 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. 66. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. The 92 KV transmission power poles and all existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 67. 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 com paction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 68. 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 134 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 18 of 26 thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 69. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 70. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 71. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 72. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Manager for his approval. Exterior lighting shall be consistent with LQMC Section 9.100.150 (Outdoor Lighting). All freestanding lighting shall not exceed 18 feet in height, and shall be fitted with a visor if deemed necessary by staff to minimize trespass of light off the property. 73. All water features shall be designed to minimize “splash”, and use high efficiency pumps and lighting to the satisfaction of the Design Development Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 74. All rooftop mechanical equipment shall be completely screened from view. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 75. The applicant shall submit the final landscape plans for review, processing and approval to the Planning Division, in accordance with the Final Landscape Plan application process. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justifies an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the 135 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 19 of 26 appropriate City official, including the Planning Manager and/or City Engineer. 76. The applicant or his agent has the r esponsibility for proper sight distance requirements per guidelines in the AASHTO “A Policy on Geometric Design of Highways and Streets, 5th Edition” or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 77. The final design of the perimeter landscaping, particularly the perimeter wall, shall be included with the Final Landscape Plan submittal. PUBLIC SERVICES 78. The applicant shall provide public transit improvements if required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 79. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 80. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, common areas, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 81. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. FIRE DEPARTMENT 82. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 2-hour duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the 136 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 20 of 26 construction site. 83. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 84. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 85. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 86. Residential fire sprinklers are required in all one and two family dwellings per the California Residential Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. 87. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06 -05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 88. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 89. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 137 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 21 of 26 BUILDING DIVISION 90. Building Plans prepared for permitting shall meet applicable California Building Codes effective at the time of submittal. MISCELLANEOUS 91. If the City or Applicant receive the right to maintain the landscaped parkway on the east side of Adams Street, from the project entrance south to the southern project boundary, the applicant or Homeowners’ Association if responsible, shall be responsible for maintenance, and shall enter into an Agreement with the City to maintain the parkway in perpetuity. 92. The applicant shall record Conditions, Covenants, and Restrictions (CC&Rs) on the Property. The CC&Rs shall (1) require minimum cov enants for satisfactory, perpetual maintenance obligations on the Property; (2) name the City of La Quinta as an express third party beneficiary; (3) be reviewed and approved by the City Attorney’s Office prior to recordation; and (4) state that the CC&Rs cannot be amended without prior written consent of the City. 93. The Recreation Center and all associated facilities, including the pool, picnic areas, etc. represented in the Site Development Permit on sheet L2, Community Club, shall be completed and open for use prior to the occupancy of the 20th residential unit. The developer shall bond for the full value of improvements for the Community Club prior to the issuance of the 1st building permit. 94. All mitigation measures contained in Environmental Assessment 201 7-0009 shall be implemented. MM AIR-1 During site preparation and grading activities, all off‐road construction equipment greater than 150 horsepower (>150 HP) shall be ARB certified Tier 3 or better. MM BIO‐1 To be in compliance with the MBTA and the California Fish and Game Code, and to avoid and reduce direct and indirect impacts on migratory non-game breeding birds, and their nests, young, and eggs to less than significant levels, the following measures shall be implemented. ▪ All ground-disturbing activities, including removal of vegetation, that would remove or disturb potential nest sites 138 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 22 of 26 shall be scheduled outside the breeding bird season, if feasible. The breeding bird nesting season is typically from January 15 through September 15, but can vary slightly from year to year, usually depending on weather conditions. Removing all physical features that could potentially serve as nest sites outside of the breeding bird season also would help to prevent birds from nesting within the project site during the breeding season and during construction activities. ▪ If project activities that would remove or disturb potential nest sites cannot be avoided during January 15 through September 15, a qualified biologist shall conduct a pre- construction clearance and nesting bird survey to search for all potential nesting areas, breeding birds, and active nests or nest sites within the limits of project disturbance up to seven days prior to mobilization, staging and other disturbances. The survey shall end no more than three days prior to vegetation, substrate, and structure removal and/or disturbance. ▪ If no breeding birds or active nests are observed during the pre-construction survey, or if they are observed and would not be disturbed, then project activities may begin and no further mitigation would be required. ▪ If an active bird nest is located during the pre-construction survey and potentially would be disturbed, a no-activity buffer zone shall be delineated on maps and marked (flagging or other means) up to 500 feet for special-status avian species and raptors, or 75 feet for non-special status avian species, at the discretion of the qualified biologist. The limits of the buffer shall be demarcated so as to not provide a specific indicator of the location of the nest to predators or people. Materials used to demarcate the nests would be removed as soon as work is complete or the fledglings have left the nest. Buffer zones shall not be disturbed until a qualified biologist determines that the nest is inactive. ▪ Birds or their active nests shall not be disturbed, captured, handled or moved. Inactive nests may be moved by a qualified biologist, if necessary, to avoid disturbance by project activities. MM CUL‐1 Prior to any ground-disturbing activities, the applicant shall retain the services of a qualified archaeologist and Tribal 139 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 23 of 26 Monitor. Copies of contracts with monitoring archaeologists and Tribal Monitors shall be provided to the City prior to the issuance of any ground-disturbing permit. Full‐time archaeological monitoring shall be conducted by a qualified archaeologist for excavations that will exceed 3 feet in depth. In the event that buried cultural resources are discovered during construction, the archaeologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant’s representative shall immediately notify the City. The archaeologist shall determine whether the find requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA criteria. The archaeologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM CUL‐2 Prior to any ground-disturbing activities, the applicant shall retain the services of a qualified geologist or paleontologist. Full-time monitoring shall be conducted for all excavations that will exceed 3 feet in depth. In the event that paleontological resources are discovered during construction, the paleontologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant’s representative shall immediately notify the City. The paleontologist shall determine whether the find requires further study. The Applicant shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The paleontologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with the Society of Vertebrate Paleontology Guidelines. Any fossils recovered during mitigation shall be deposited in an accredited and permanent scientific institution. 140 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 24 of 26 The paleontologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM CUL-3 In the event of the accidental discovery of any human remains on the project, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; and Public Resources Code (PRC) Sections 5097.94 and 5097.98 must be followed. If during the course of project development there is accidental discovery of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resource Code Section 5097.98, Environmental Issues. MM NOI‐1 The project shall supply an alternate mechanical ventilation system for all proposed residential units that will permit windows to remain closed for prolonged periods of time. MM TRANS‐1 Curb‐and‐gutter and sidewalk improvements are in place but shall be modified accordingly, based on proposed driveway locations. The project shall construct curb‐and‐gutter and sidewalk improvements along the project’s western boundary along the southern extension of Auto Center Way. • Adams Street & Driveway 1—Modify the raised median to provide the following storage lengths: Southbound Left‐Turn Lane: Improve the raised median to 141 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 25 of 26 provide a pocket length of 100 feet to meet City standards for deceleration lanes and to allow right-in/right-out and left-in access only. • Auto Center Way & Driveway 2—Construct the intersection with the following: Construct east leg to facilitate ingress and egress access to the proposed hotel. • Driveway 3 & Auto Centre Drive—Construct the intersection with the following: Construct south leg to facilitate ingress and egress access to the proposed hotel. Westbound left‐turn lane: provide a minimum of 50 feet of storage within the existing two‐way‐left turn lane (painted median). • La Quinta Drive & Driveway 4—Construct the intersection with the following: Construct west leg to facilitate ingress and egress access to the proposed residential use. Northbound left‐turn lane: provide a minimum of 50 feet of storage within the existing two‐way‐left turn lane (painted median). MM TCR‐1 Prior to any ground-disturbing activities, the applicant shall retain the services of a qualified archaeologist and Tribal Monitor. Copies of contracts with monitoring archaeologists and Tribal Monitors shall be provided to the City prior to the issuance of any ground-disturbing permit. Full-time archaeological monitoring shall be conducted by a qualified archaeologist for excavations that will exceed 3 feet in depth. In the event that buried cultural resources are discovered during construction, the archaeologist shall be permitted to stop construction operations within 50 feet of the find and the Applicant and/or the Applicant’s representative shall immediately notify the City. The archaeologist shall determine whether the find requires further study. The Applicant shall include a standard inadvertent discovery clause in every 142 CITY COUNCIL RESOLUTION 2020- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2020-0003 (SDP 2017-0012 TIME EXTENSION) THE CENTRE AT LA QUINTA EXPIRES: JULY 3, 2022 Page 26 of 26 construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource(s), including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated for significance in terms of CEQA criteria. The archaeologist shall provide the City with a report of all monitoring activities within 30 days of completion of these activities. MM TCR‐2 In the event of the accidental discovery of any human remains on the project, CEQA Guidelines Section 15064.5; Health and Safety Code Section 7050.5; and Public Resources Code (PRC) Sections 5097.94 and 5097.98 must be followed. If during the course of project development there is accidental discovery of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resource Code Section 5097.98, Environmental Issues. 95. No signage is permitted with this approval. A separate permit from the Design and Development Department is required for any temporary or permanent signs. 143 So urce: ESRI Im agery ·|}þ111Washington St Avenue 48 DunePalmsRdAdams St Blackhawk Wy Rancho laQuinta Country Club One ElevenLa Quinta ShoppingCenter La Quinta High School La Quinta Park LaQuintaCenterDrAuto CentreDr I Legend Project Site Vicinity Map ATTACHMENT 1 144 www.shopoff.com │ Tel: 949-417-1396 │ Fax: 949-417-1399 │ info@shopoff.com │ 2 Park Plaza, Suite 700, Irvine, CA 92614 June 8, 2020 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Tract no. 37359 – Site Development Permit 2017-0012 Time Extension To Whom It May Concern: Since obtaining project approval, SLF-Adams Street La Quinta, LLC. has invested significant resources for engineering, architecture, city plan check fees, etc. to advance the project. We have also been looking for a builder to partner with in order to complete this project. Due to the current economic conditions it has been difficult to find the correct builder partner that can successfully execute this project. We are have ongoing discussions with multiple builders and need your approval of the time extension. Feel free to call or email if you have any questions or comments. Sincerely, James M. O’Malley Vice President Development Shopoff Realty Investments 949-422-3818 JOMalley@shopoff.com CC: Siji Fernandez – Associate Planner Carlos Flores – Senior Planner ATTACHMENT 2 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 City of La Quinta CITY COUNCIL MEETING: August 04, 2020 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JULY 17 AND 24, 2020 RECOMMENDATION Approve demand registers dated July 17 and 24, 2020. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 3,644,673.39$ Successor Agency of RDA -$ Housing Authority 94,817.17$ 3,739,490.56$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for July 17 and 24, 2020. Warrants Issued: 202341-202398 296,116.33$ 202399-202457 2,049,906.93$ Wire Transfers 1,115,143.01$ Payroll Tax Transfers 54,682.18$ Payroll Dir Dep & Check 37602 223,642.11$ 3,739,490.56$ CONSENT CALENDAR ITEM NO. 11 215 The most significant expenditures on the demand register are: Account Name Amount Riverside County Various 1,712,282.16$ May-June 2020 Sheriff Dept Police Services Riverside County Sheriff-Other 103,657.00$ FY 19/20 CLETS Svcs & Sheriff Dept Cal-ID Member Assess Coachella Valley Homelessness 83,333.00$ FY 19/20 Homeless Assoc of Govt Assistance Services Funding NAI Consulting Various 55,848.75$ Jun 2020 Professional Engineering Services Acorn Technology Consultants 25,315.00$ Jul 2020 IT Services Services PurposeVendor Wire Transfers: Eight transfers totaled $1,115,143. Of this amount, $979,441 was for PERS and $131,845 for Landmark. (See Attachment 2 for a full listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report. Transaction Issuer Type Par Value Settle Date Coupon Rate Maturity First Bank of Highland CD 240,000$ 7/13/20 1.750% ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Bernice Choo, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments:1. Demand Registers 2.Wire Transfers 216 7/16/2020 8:12:31 PM Page 1 of 7 Demand Register City of La Quinta Packet: APPKT02461 - BC 07/17/2020 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 220.00Blood/Alcohol Testing06/15/20 - BLOOD/ALCOHOL ANALYSIS202342AMERICAN FORENSIC NURSES …101-2001-60174 220.00Blood/Alcohol Testing06/30/20 - BLOOD/ALCOHOL ANALYSIS202342AMERICAN FORENSIC NURSES …101-2001-60174 136.67PM 10 - Dust Control07/06-08/02/20 - PM10 ANSWERING SERV…202343ANSAFONE CONTACT CENTERS 101-7006-60146 92.35Travel & Training06/02/20 - COUNCIL MTG202344BANK OF THE WEST 101-1001-60320 43.60Travel & Training06/03/20 - COUNCIL MTG202344BANK OF THE WEST 101-1001-60320 36.75Travel & Training06/18/20 - COUNCIL MTG202344BANK OF THE WEST 101-1002-60320 137.99Office Supplies06/05/20 - OFFICE DOOR R CAMARENA202344BANK OF THE WEST 101-1002-60400 189.04Administration06/30/20 - BANK FEES202344BANK OF THE WEST 101-1006-60102 25.00Administration06/15/20 - LATE FEES202344BANK OF THE WEST 101-1006-60102 88.37Coronavirus Expenses05/31/20 - SUPPLIES FOR CH202344BANK OF THE WEST 101-1007-60195 18.57Coronavirus Expenses06/02/20 - SUPPLIES FOR CH202344BANK OF THE WEST 101-1007-60195 699.65Coronavirus Expenses06/16-07/15/20 - ZOOM202344BANK OF THE WEST 101-1007-60195 58.08Coronavirus Expenses06/05/20 - HAND SANITIZER FOR CH202344BANK OF THE WEST 101-1007-60195 6.19Coronavirus Expenses06/02/20 - SUPPLIES FOR CH202344BANK OF THE WEST 101-1007-60195 -619.84Coronavirus Expenses06/04/20 - RETURNS202344BANK OF THE WEST 101-1007-60195 84.99Membership Dues06/08/20 - MAILCHIMP 06/2020202344BANK OF THE WEST 101-3007-60351 14.99Marketing & Tourism Promoti…06/11/20 - APPLE MUSIC 06/2020202344BANK OF THE WEST 101-3007-60461 25.00Over Payments, AR Policy06/18/20 - LIC-0102076 REFUND BL FEES202345BRILLIANT POOLS 101-0000-20330 1,060.31Coronavirus Expenses07/01/20 - CH AUTOMATIC FLUSHER & S…202346BRUINSMA, LEW 101-1007-60195 150.00Membership Dues10/01/20-09/30/21 - MEMBERSHIP M CA…202347CALIFORNIA PARK & RECREAT…101-3002-60351 8,959.83Dental Insurance Pay06/2020 - DENTAL INSURANCE202348CIGNA HEALTH CARE 101-0000-20943 8,741.66Dental Insurance Pay07/2020 - DENTAL INSURANCE202348CIGNA HEALTH CARE 101-0000-20943 250.00PM 10 - Dust Control06/30/20 - WATER SERVICE202349COACHELLA VALLEY WATER DI…101-7006-60146 1,747.45Water -Pioneer Park - Utilities06/30/20 - WATER SERVICE202349COACHELLA VALLEY WATER DI…101-3005-61207 2,422.25Water -Fritz Burns Park - Utiliti…06/30/20 - WATER SERVICE202349COACHELLA VALLEY WATER DI…101-3005-61204 612.71Water - Utilities06/30/20 - WATER SERVICE202349COACHELLA VALLEY WATER DI…101-3008-61200 125.00Citywide Conf Room Supplies06/2020 - COFFEE EQPT202350DAIOHS FIRST CHOICE SERVICES 101-1007-60403 861.33Administrative Citation Services02/2020 - POLICE CITATION PROCESSING202351DATA TICKET, INC.101-6004-60111 845.29Administrative Citation Services03/2020 - POLICE CITATION PROCESSING202351DATA TICKET, INC.101-6004-60111 200.00Administrative Citation Services05/2020 - CODE CITATION PROCESSING202351DATA TICKET, INC.101-6004-60111 445.00Administrative Citation Services06/2020 - CODE CITATION PROCESSING202351DATA TICKET, INC.101-6004-60111 355.62Administrative Citation Services06/2020 - POLICE CITATION PROCESSING202351DATA TICKET, INC.101-6004-60111 950.00Maintenance/Services06/30/20 - LQ PARK WELDER SVCS202352DESERT CONCEPTS CONSTRUC…101-3005-60691 4,844.14School Officer07/01/19-04/22/20 - BP#1-11 ADJ SCHOOL…202353DESERT SANDS UNIFIED SCHO…101-2001-60168 1,432.57School Officer04/23-05/20/20 - BP#12 SCHOOL RESOUR…202353DESERT SANDS UNIFIED SCHO…101-2001-60168 84.65Cable - Utilities06/22-07/21/20 - EOC CABLE202354DISH NETWORK 101-2002-61400 414.00TOT - Short Term Vac. Rentals06/25/20 - REFUND TOT (3) CANCELLED202357FELD, TOM 101-0000-41401 2,100.00Coronavirus Expenses06/2020 COVID-19 EMERGENCY MEETINGS202358FISHER INTEGRATED INC 101-1007-60195 6,365.00Buildings05/31/20 SRR EVENT SITE DESIGN SVCS202360HERMANN DESIGN GROUP INC 101-1007-71050 7,397.50Buildings06/30/20 SRR EVENT SITE DESIGN SVCS202360HERMANN DESIGN GROUP INC 101-1007-71050 975.00Plan Checks06/30/20 ON-CALL PLAN REVIEW202361HR GREEN PACIFIC INC 101-6003-60118 0.12Electric - Monticello Park - Utili…06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 101-3005-61102 300.36Electric - Community Park - Util…06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 101-3005-61109 13.52Electric - Velasco Park - Utilities06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 101-3005-61111 22.11Electric - Eisenhower Park - Util…06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 101-3005-61113 0.12Electric - Desert Pride - Utilities06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 101-3005-61114 27.72Electricity - Utilities06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 101-3008-61101 651.41Electricity - Utilities06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 101-2002-61101 2,225.00Plan Checks05/2020 ON-CALL BUILDING PLAN CHECK …202364INTERWEST CONSULTING GR…101-6003-60118 206.61Safety Gear07/09/20 - SAFETY BOOTS A CABRERA202366JERNIGAN'S, INC 101-3005-60427 168.55Safety Gear07/09/20 - SAFETY BOOTS A RODRIGUEZ202366JERNIGAN'S, INC 101-3005-60427 400.00Advertising07/09/20 - ELECTIONS AD202368LA PRENSA HISPANA 101-1005-60450 17,000.00Professional Services06/10/20 MATRIX FIRE SERVICE DELIVERY …202370MATRIX CONSULTING GROUP 101-2002-60103 ATTACHMENT 1 217 Demand Register Packet: APPKT02461 - BC 07/17/2020 7/16/2020 8:12:31 PM Page 2 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 7,470.00Professional Services06/09/20 LA QUINTA JOINT POLICE CONT…202370MATRIX CONSULTING GROUP 101-2001-60103 8,174.48Janitorial06/2020 JANITORIAL SERVICES CH WC PA…202371MERCHANTS BUILDING MAINT…101-3008-60115 7,952.19Janitorial05/2020 JANITORIAL SERVICES CH WC PA…202371MERCHANTS BUILDING MAINT…101-3008-60115 2,396.85Maintenance/Services02/21/20 - CITY HALL BOOSTER SYSTEM202372MULTI W SYSTEMS INC 101-3008-60691 925.00Sheriff - Other06/2020 CITYWIDE CAMERA PROJECT202373NAI CONSULTING INC 101-2001-60176 330.00Consultants06/2020 SB1 LLP GRANT RESEARCH202373NAI CONSULTING INC 101-7006-60104 165.00Consultants06/2020 DBE (9B) QAP/ADA/ CAL TRANS E…202373NAI CONSULTING INC 101-7006-60104 1,320.00Consultants06/2020 CALTRANS INCURRED COST AUDIT202373NAI CONSULTING INC 101-7006-60104 22.29Operating Supplies07/02/20 - OP SUPPLIES ELECTIONS202374OFFICE DEPOT 101-1005-60420 76.76LQ Police Volunteers06/18/20 - COFFEE COPS202374OFFICE DEPOT 101-2001-60109 32.22Office Supplies06/18/20 - OFFICE SUPPLIES CODE202374OFFICE DEPOT 101-6004-60400 50.72Office Supplies06/18/20 - OFFICE SUPPLIES FIRE MARSHAL202374OFFICE DEPOT 101-2002-60400 31.54Coronavirus Expenses06/19/20 - BATTERIES CH THERMOMETERS202374OFFICE DEPOT 101-1007-60195 7,200.00Marketing & Tourism Promoti…07/01/20-06/30/21 DIGITAL MEDIA PHOT…202375PIXLEE INC 101-3007-60461 582.29Membership Dues07/16/20 - REIMB NOTARY RENEWAL202378RADEVA, MONIKA 101-1005-60351 253.43Sheriff - Other05/25-06/30/20 - COPS FUEL202380RIVERSIDE COUNTY SHERIFF D…101-2001-60176 1,775.00Maintenance/Services06/26/20 - SPORTS COMPLEX GATE202381SAM'S FENCE COMPANY 101-3005-60691 150.00Sexual Assault Exam Fees06/22/20 - EXAM FEES LA201640042202382SINATRA, BARBARA CHILDREN'…101-2001-60193 150.00Sexual Assault Exam Fees06/19/20 - EXAM FEES LA201640042202382SINATRA, BARBARA CHILDREN'…101-2001-60193 1,000.00Sexual Assault Exam Fees06/12/20 - EXAM FEES LA201640042202382SINATRA, BARBARA CHILDREN'…101-2001-60193 683.46Materials/Supplies06/10/20 - MATERIALS202383SMITH PIPE & SUPPLY CO 101-3005-60431 240.78Materials/Supplies06/11/20 - MATERIALS202383SMITH PIPE & SUPPLY CO 101-3005-60431 166.42Materials/Supplies06/15/20 - MATERIALS202383SMITH PIPE & SUPPLY CO 101-3005-60431 23.91Office Supplies07/09/20 - OFFICE SUPPLIES202384STAPLES ADVANTAGE 101-1004-60400 106.60Escheated Outstanding Checks06/30/20 - REFUND BUSINESS LICENSE202385STEVE ZABALA 101-0000-20267 66.55Gas - Utilities05/27-06/25/20 - FS #93 GAS SVC202387THE GAS COMPANY 101-2002-61100 34.91Materials/Supplies07/08/20 - KEYS202388THE LOCK SHOP, INC 101-3005-60431 114.22Cable - Utilities06/24-07/23/20 FS #93 CABLE (2415)202390TIME WARNER CABLE 101-2002-61400 89.99Cable - Utilities07/03-08/02/20 - FS #93 INTERNET (3514)202390TIME WARNER CABLE 101-2002-61400 89.99Cable - Utilities06/29-07/28/20 - FS #32 INTERNET (6491)202390TIME WARNER CABLE 101-2002-61400 72.00United Way DeductionsCONTRIBUTION202393UNITED WAY OF THE DESERT 101-0000-20981 788.45Materials/Supplies06/23/20 - MATERIALS- TIFT94 SOD202396WEST COAST TURF 101-3005-60431 15,637.50Contract Traffic Engineer05/01-05/29/20 ON-CALL TRAFFIC ENGIN…202397WILLDAN 101-7006-60144 Fund 101 - GENERAL FUND Total:132,004.78 Fund: 201 - GAS TAX FUND 21.78Paint/Legends07/08/20 - PAINT LEGENDS202389THE SHERWIN-WILLIAMS CO.201-7003-60433 569.80Traffic Control Signs07/07/20 - TRAFFIC CONTROL SIGNS202391TOPS' N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:591.58 Fund: 202 - LIBRARY & MUSEUM FUND 1,392.05Janitorial06/2020 JANITORIAL SERVICES LIBRARY202371MERCHANTS BUILDING MAINT…202-3004-60115 698.50Janitorial06/2020 JANITORIAL SERVICES MUSEUM202371MERCHANTS BUILDING MAINT…202-3006-60115 1,582.64Janitorial05/2020 JANITORIAL SERVICES LIBRARY202371MERCHANTS BUILDING MAINT…202-3004-60115 698.50Janitorial05/2020 JANITORIAL SERVICES MUSEUM202371MERCHANTS BUILDING MAINT…202-3006-60115 Fund 202 - LIBRARY & MUSEUM FUND Total:4,371.69 Fund: 215 - LIGHTING & LANDSCAPING FUND 12,686.17Water - Medians - Utilities06/30/20 - WATER SERVICE202349COACHELLA VALLEY WATER DI…215-7004-61211 228.68Water - Medians - Utilities06/30/20 - WATER SERVICE202349COACHELLA VALLEY WATER DI…215-7004-61211 156.03Electric - Utilities06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 215-7004-61116 246.02Electric - Medians - Utilities06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 215-7004-61117 51.90Electric - Utilities06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 215-7004-61116 26.57Electric - Medians - Utilities06/30/20 - ELECTRICITY SERVICE202362IMPERIAL IRRIGATION DIST 215-7004-61117 4,203.42Administration07/01-09/30/20 WILLDAN FINANCIAL SER…202398WILLDAN FINANCIAL SERVICES 215-7004-60102 Fund 215 - LIGHTING & LANDSCAPING FUND Total:17,598.79 Fund: 241 - HOUSING AUTHORITY 138.75Professional Services03/06/19 - ASSESSMENT #1 MAINT ASSOC202356DUNE PALMS MAINTENANCE …241-9101-60103 Fund 241 - HOUSING AUTHORITY Total:138.75 Fund: 247 - ECONOMIC DEVELOPMENT FUND 150.00Marketing & Tourism Promoti…06/01-06/06/20 - COVID FB BOOST202344BANK OF THE WEST 247-0000-60461 4.19Marketing & Tourism Promoti…05/26/20 - COVID FB BOOST202344BANK OF THE WEST 247-0000-60461 218 Demand Register Packet: APPKT02461 - BC 07/17/2020 7/16/2020 8:12:31 PM Page 3 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 150.00Marketing & Tourism Promoti…06/06-06/12/20 - COVID FB BOOST202344BANK OF THE WEST 247-0000-60461 10,000.00Small Bus.Emer. Econ. Relief P…07/15/20 – COVID-19 EMERG ECON RELIEF…202365JAK BURGERS LLC 247-0000-60510 10,000.00Small Bus.Emer. Econ. Relief P…07/15/20 – COVID-19 EMERG ECON RELIEF…202367LA BRASSERIE LLC 247-0000-60510 4,693.87Small Bus.Emer. Econ. Relief P…07/15/20 – COVID-19 EMERG ECON RELIEF…202369LA QUINTA BREWING CO.247-0000-60510 5,226.28Small Bus.Emer. Econ. Relief P…07/15/20 – COVID-19 EMERG ECON RELIEF…202377PRIETO ENT INC 247-0000-60510 10,000.00Small Bus.Emer. Econ. Relief P…07/15/20 – COVID-19 EMERG ECON RELIEF…202379RD RNNR LLC 247-0000-60510 10,000.00Small Bus.Emer. Econ. Relief P…07/15/20 – COVID-19 EMERG ECON RELIEF…202386STUFT PIZZA BAR & GRILL 247-0000-60510 7,181.66Small Bus.Emer. Econ. Relief P…07/15/20 – COVID-19 EMERG ECON RELIEF…202392TQLAS INC 247-0000-60510 8,162.32Small Bus.Emer. Econ. Relief P…07/15/20 – COVID-19 EMERG ECON RELIEF…202395VU FAMILY INC.247-0000-60510 Fund 247 - ECONOMIC DEVELOPMENT FUND Total:65,568.32 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 507.50Technical05/30-06/30/20 PALEONTOLOGICAL MON…202355DUDEK & ASSOCIATES INC 401-0000-60108 155.00Professional Services06/2020 AVENIDA BERMUDAS ADA IMPR…202373NAI CONSULTING INC 401-0000-60103 620.00Professional Services06/2020 RETENTION BASIN (DPLM AT W…202373NAI CONSULTING INC 401-0000-60103 1,587.50Professional Services06/2020 NORTH LA QUINTA PARKWAY TU…202373NAI CONSULTING INC 401-0000-60103 52.50Professional Services06/2020 DUNE PALMS ROAD STREET IMP…202373NAI CONSULTING INC 401-0000-60103 1,027.50Professional Services06/2020 FIRE STATION 70 REVITALIZATION202373NAI CONSULTING INC 401-0000-60103 310.00Professional ServicesFRITZ BURNS PARK - SIDEWALK & PARKING202373NAI CONSULTING INC 401-0000-60103 3,122.50Professional Services06/2020 WASHINGTON ST AT FRED WARI…202373NAI CONSULTING INC 401-0000-60103 310.00Professional Services06/2020 EISENHOWER DRAINAGE IMPRO…202373NAI CONSULTING INC 401-0000-60103 598.75Professional Services06/2020 HSIP TRAFFIC SIGNAL INTERCON…202373NAI CONSULTING INC 401-0000-60103 1,432.50Professional Services06/2020 AVE 50 BRIDGE SPANNING EVAC …202373NAI CONSULTING INC 401-0000-60103 657.50Professional Services06/2020 JEFFERSON STREET AT AVENUE 5…202373NAI CONSULTING INC 401-0000-60103 3,851.25Professional Services06/2020 HIGHWAY 111 CORRIDOR202373NAI CONSULTING INC 401-0000-60103 202.50Professional Services06/2020 REGIONAL SCOUR ANALYSIS202373NAI CONSULTING INC 401-0000-60103 1,587.50Professional Services06/2020 SILVERROCK RESORT INFRASTRU…202373NAI CONSULTING INC 401-0000-60103 7,256.25Professional Services06/2020 DUNE PALMS BRIDGE IMPROVE…202373NAI CONSULTING INC 401-0000-60103 465.00Professional Services06/2020 REGIONAL SKATE AND BMX PARK202373NAI CONSULTING INC 401-0000-60103 3,588.75Professional Services06/2020VILLAGE COMPLETE STREETS202373NAI CONSULTING INC 401-0000-60103 3,621.25Professional Services06/2020 EISENHOWER RETENTION BASIN …202373NAI CONSULTING INC 401-0000-60103 1,980.00Professional Services06/2020 PAVEMENT MANAGEMENT PLAN202373NAI CONSULTING INC 401-0000-60103 37.50Professional Services06/2020 COVE PUBLIC RESTROOM202373NAI CONSULTING INC 401-0000-60103 19,255.00Professional Services06/2020FY 1920 PAVEMENT MANAGEME…202373NAI CONSULTING INC 401-0000-60103 1,390.00Professional Services06/2020 SILVERROCK PARK VENUE SITE202373NAI CONSULTING INC 401-0000-60103 172.99Construction07/10/20 - WASH & FRED WARING TRIPLE…202376PLANIT REPROGRAPHICS SYST…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:53,789.24 Fund: 501 - FACILITY & FLEET REPLACEMENT 2,015.38Furniture06/12/20 - STORAGE CHEST SPORTS COM…202344BANK OF THE WEST 501-0000-71020 2,871.00Machinery & Equipment06/16/20 - LOCKERS FOR CY-PW TRAILER202344BANK OF THE WEST 501-0000-80100 Fund 501 - FACILITY & FLEET REPLACEMENT Total:4,886.38 Fund: 502 - INFORMATION TECHNOLOGY 4,175.59Consultants04/21/20 KNOWBE4 SEC AWARENESS TRA…202341ACORN TECHNOLOGY SERVICES 502-0000-60104 1,926.25Consultants06/2020 KNOWBE4 DATA SECURITY PLUS202341ACORN TECHNOLOGY SERVICES 502-0000-60104 0.99Software Licenses06/14-07/15/20 - ICLOUD STOR M GRAH…202344BANK OF THE WEST 502-0000-60301 19.99Software Licenses06/13/20 - ANNUAL ADOBE EXPORT SOF…202344BANK OF THE WEST 502-0000-60301 33.48Machinery & Equipment06/12/20 - USB CHARGER CABLE202344BANK OF THE WEST 502-0000-80100 220.40Machinery & Equipment05/31/20 - IT SUPPLIES202344BANK OF THE WEST 502-0000-80100 800.00Consultants06/2020 COUNCIL MTG MEDIA RECORD, …202358FISHER INTEGRATED INC 502-0000-60104 85.98Cable - Utilities06/25-07/24/20 - CITY HALL INTERNET202359FRONTIER COMMUNICATIONS…502-0000-61400 91.86Cable - Utilities06/26-07/25/20 - CITY HALL DSL202359FRONTIER COMMUNICATIONS…502-0000-61400 985.74Copiers04/01-06/30/20 FY 19/20 COPIER OVERA…202363INNOVATIVE DOCUMENT SOL…502-0000-60662 168.14Cable - Utilities07/2020 - CITY HALL CABLE (4625)202390TIME WARNER CABLE 502-0000-61400 249.50Cable - Utilities06/24-07/23/20 - WC CABLE (4601)202390TIME WARNER CABLE 502-0000-61400 7,201.76Comm. Resources, Software E…07/01/20-06/30/21 ANNUAL MAINT - WC …202394VERMONT SYSTEMS INC 502-0000-71043 Fund 502 - INFORMATION TECHNOLOGY Total:15,959.68 219 Demand Register Packet: APPKT02461 - BC 07/17/2020 7/16/2020 8:12:31 PM Page 4 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 503 - PARK EQUIP & FACILITY FUND 1,207.12Parks06/12/20 - STORAGE CHEST SPORTS COM…202344BANK OF THE WEST 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:1,207.12 Grand Total:296,116.33 220 Demand Register Packet: APPKT02461 - BC 07/17/2020 7/16/2020 8:12:31 PM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 132,004.78 201 - GAS TAX FUND 591.58 202 - LIBRARY & MUSEUM FUND 4,371.69 215 - LIGHTING & LANDSCAPING FUND 17,598.79 241 - HOUSING AUTHORITY 138.75 247 - ECONOMIC DEVELOPMENT FUND 65,568.32 401 - CAPITAL IMPROVEMENT PROGRAMS 53,789.24 501 - FACILITY & FLEET REPLACEMENT 4,886.38 502 - INFORMATION TECHNOLOGY 15,959.68 503 - PARK EQUIP & FACILITY FUND 1,207.12 Grand Total:296,116.33 Account Summary Account Number Account Name Expense Amount 101-0000-20267 Escheated Outstanding C…106.60 101-0000-20330 Over Payments, AR Policy 25.00 101-0000-20943 Dental Insurance Pay 17,701.49 101-0000-20981 United Way Deductions 72.00 101-0000-41401 TOT - Short Term Vac. Ren…414.00 101-1001-60320 Travel & Training 135.95 101-1002-60320 Travel & Training 36.75 101-1002-60400 Office Supplies 137.99 101-1004-60400 Office Supplies 23.91 101-1005-60351 Membership Dues 582.29 101-1005-60420 Operating Supplies 22.29 101-1005-60450 Advertising 400.00 101-1006-60102 Administration 214.04 101-1007-60195 Coronavirus Expenses 3,442.87 101-1007-60403 Citywide Conf Room Suppl…125.00 101-1007-71050 Buildings 13,762.50 101-2001-60103 Professional Services 7,470.00 101-2001-60109 LQ Police Volunteers 76.76 101-2001-60168 School Officer 6,276.71 101-2001-60174 Blood/Alcohol Testing 440.00 101-2001-60176 Sheriff - Other 1,178.43 101-2001-60193 Sexual Assault Exam Fees 1,300.00 101-2002-60103 Professional Services 17,000.00 101-2002-60400 Office Supplies 50.72 101-2002-61100 Gas - Utilities 66.55 101-2002-61101 Electricity - Utilities 651.41 101-2002-61400 Cable - Utilities 378.85 101-3002-60351 Membership Dues 150.00 101-3005-60427 Safety Gear 375.16 101-3005-60431 Materials/Supplies 1,914.02 101-3005-60691 Maintenance/Services 2,725.00 101-3005-61102 Electric - Monticello Park -…0.12 101-3005-61109 Electric - Community Park …300.36 101-3005-61111 Electric - Velasco Park - Uti…13.52 101-3005-61113 Electric - Eisenhower Park …22.11 101-3005-61114 Electric - Desert Pride - Uti…0.12 101-3005-61204 Water -Fritz Burns Park - …2,422.25 101-3005-61207 Water -Pioneer Park - Utili…1,747.45 101-3007-60351 Membership Dues 84.99 101-3007-60461 Marketing & Tourism Pro…7,214.99 101-3008-60115 Janitorial 16,126.67 101-3008-60691 Maintenance/Services 2,396.85 101-3008-61101 Electricity - Utilities 27.72 101-3008-61200 Water - Utilities 612.71 101-6003-60118 Plan Checks 3,200.00 221 Demand Register Packet: APPKT02461 - BC 07/17/2020 7/16/2020 8:12:31 PM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 101-6004-60111 Administrative Citation Se…2,707.24 101-6004-60400 Office Supplies 32.22 101-7006-60104 Consultants 1,815.00 101-7006-60144 Contract Traffic Engineer 15,637.50 101-7006-60146 PM 10 - Dust Control 386.67 201-7003-60429 Traffic Control Signs 569.80 201-7003-60433 Paint/Legends 21.78 202-3004-60115 Janitorial 2,974.69 202-3006-60115 Janitorial 1,397.00 215-7004-60102 Administration 4,203.42 215-7004-61116 Electric - Utilities 207.93 215-7004-61117 Electric - Medians - Utiliti…272.59 215-7004-61211 Water - Medians - Utilities 12,914.85 241-9101-60103 Professional Services 138.75 247-0000-60461 Marketing & Tourism Pro…304.19 247-0000-60510 Small Bus.Emer. Econ. Rel…65,264.13 401-0000-60103 Professional Services 53,108.75 401-0000-60108 Technical 507.50 401-0000-60188 Construction 172.99 501-0000-71020 Furniture 2,015.38 501-0000-80100 Machinery & Equipment 2,871.00 502-0000-60104 Consultants 6,901.84 502-0000-60301 Software Licenses 20.98 502-0000-60662 Copiers 985.74 502-0000-61400 Cable - Utilities 595.48 502-0000-71043 Comm. Resources, Softwa…7,201.76 502-0000-80100 Machinery & Equipment 253.88 503-0000-71060 Parks 1,207.12 Grand Total:296,116.33 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**200,347.53**None****None** 091004P 52.50Professional Expense Dune Palms Road Street Improvements 111205P 7,256.25Professional Expense Dune Palms Bridge Imp/BRLKS-5433(014) 141513P 1,587.50Professional Expense SilverRock Way Infra/Street Improvements 151603P 3,588.75Professional Expense La Quinta Village Complete St-ATPSBIL-5433(020) 151609P 465.00Professional Expense La Quinta X Park 151612P 930.00Professional Expense Citywide Drainage Enhancements 1920PMPP 19,255.00Professional Expense FY19/20 Pavement Management Plan 201602P 598.75Professional Expense HSIP Traffic Signal Interconnect/HSIPL-5433(017) 201603P 1,587.50Professional Expense La Quinta Landscape Renovation Improvement 201608P 1,390.00Professional Expense SilverRock Event Space 201608T 507.50Technical Expense SilverRock Event Space 201701CT 172.99Construction Expense Washington Street at Fred Waring Drive 201701P 3,122.50Professional Expense Washington Street at Fred Waring Drive 201704P 3,621.25Professional Expense Eisenhower Retention Basin Landscape Improvements 201709P 657.50Professional Expense Ave 53 Jefferson St.Roundabout 201722P 310.00Professional Expense Fritz Burns Parks Sidewalk and Parking Lot Improve 201801P 37.50Professional Expense Cove Public Restroom 201806D 13,762.50Design Expense SilverRock Event Space Modular Building 201902P 1,432.50Professional Expense Avenue 50 Bridge Spanning the Evacuation Channel 201905P 3,851.25Professional Expense Highway 111 Corridor Area Plan Implementation 201907P 1,027.50Professional Expense Fire Station 70 Revitalization 201909P 155.00Professional Expense Citywide Miscellaneous ADA Improvements 201919P 202.50Professional Expense Regional Scour Analysis 201924P 1,980.00Professional Expense 5 Year Pavement Management Plan CORONAMISC 1,003.84MiscellaneousCorona Virus Emergency Response 222 Demand Register Packet: APPKT02461 - BC 07/17/2020 7/16/2020 8:12:31 PM Page 7 of 7 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name CORONAMS 643.22Corona Materials & Supplies Corona Virus Emergency Response CORONAP 2,100.00ContractsCorona Virus Emergency Response MATRIXE 24,470.00Police Matrix Study Expense Police Matrix Study Grand Total:296,116.33 223 7/23/2020 6:36:20 PM Page 1 of 7 Demand Register City of La Quinta Packet: APPKT02469 - BC 07/24/2020 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 1,724.11Medical InsuranceAUG'20 REIMB COBRA PER SEVERANCE A…202400AMBRIZ JR, ROBERT 101-3002-50221 -21.87Sales Taxes Payable06/09/20 - AUTO SOAP DISP (10) SALES T…202402BANK OF THE WEST 101-0000-20304 -16.30Employee Computer Loan06/01/20 - COMPUTER LOAN PGM RETURN202402BANK OF THE WEST 101-0000-20915 39.00Travel & Training06/11/20 - CAPPO WEBINAR D ARMENDA…202402BANK OF THE WEST 101-1006-60320 -7.06Coronavirus Expenses06/05/20 - AMAZON CREDIT202402BANK OF THE WEST 101-1007-60195 271.77Coronavirus Expenses06/09/20 - AUTO SOAP DISP (10)202402BANK OF THE WEST 101-1007-60195 30.05Coronavirus Expenses06/15/20 - SUPPLIES TO REOPEN WC202402BANK OF THE WEST 101-1007-60195 55.14Coronavirus Expenses06/18/20 - HAND SANITIZER202402BANK OF THE WEST 101-1007-60195 489.27Coronavirus Expenses06/23/20 - HAND SANITIZER202402BANK OF THE WEST 101-1007-60195 -783.00Coronavirus Expenses06/25/20 - ITEM CANCELLED202402BANK OF THE WEST 101-1007-60195 -228.30Coronavirus Expenses06/29/20 - ITEMS NOT RECEIVED202402BANK OF THE WEST 101-1007-60195 -195.60Coronavirus Expenses06/29/20 - MASKS REFUND202402BANK OF THE WEST 101-1007-60195 595.00Tools/Equipment06/05/20 - TOOLS/EQPT202402BANK OF THE WEST 101-3005-60432 350.00Membership Dues06/25/20 - IEDC AWARD SUBMISSIONS202402BANK OF THE WEST 101-6002-60351 1,043.74Travel & Training06/19/20 - ICC TRAINING BOOKS202402BANK OF THE WEST 101-6003-60320 402.46Travel & Training06/18/20 - BOOKS FOR TRAINING202402BANK OF THE WEST 101-6003-60320 244.19Subscriptions & Publications06/01/20 - CAL/OSHA CONST SAFETY ORD…202402BANK OF THE WEST 101-7006-60352 455.00Membership Dues06/08/20 - FY 20/21 IEDC MEMBERSHIP202402BANK OF THE WEST 101-1002-60351 1,188.00Membership Dues06/06/20 -FY 20/21 ANNUAL SPROUT SOC…202402BANK OF THE WEST 101-3007-60351 0.99Marketing & Tourism Promoti…06/22-07/21/20 - ICLOUD STOR K CAMAR…202402BANK OF THE WEST 101-3007-60461 163.11Materials/Supplies06/01/20 - ICE MAKER DRIP PAN202402BANK OF THE WEST 101-3008-60431 1,601.40Professional Services06/30/20 ON CALL STORMWATER COMPL…202406CASC ENGINEERING & CONSU…101-7002-60103 1,118.18Professional Services06/2020 STVR ADD'L MIN202407CENTRAL COMMUNICATIONS 101-6004-60103 515.00Professional Services07/2020 STVR HOTLINE202407CENTRAL COMMUNICATIONS 101-6004-60103 792.72Water - Utilities07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…101-2002-61200 2,769.39Water -Monticello Park - Utiliti…07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…101-3005-61201 88.42Water -Fritz Burns Park - Utiliti…07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…101-3005-61204 19.05Water -Seasons Park - Utilities07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…101-3005-61208 159.29Water -Community Park - Utilit…07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…101-3005-61209 110.67Water - Utilities07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…101-3008-61200 1,001.62Water -Desert Pride - Utilities06/30/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…101-3005-61206 39.55PM 10 - Dust Control07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…101-7006-60146 20,133.20Animal Shelter Contract Service05/2020 - ANIMAL SERVICES202413DEPARTMENT OF ANIMAL SER…101-6004-60197 35.00Blood/Alcohol Testing06/2020 - BLOOD/ALCOHOL ANALYSIS202414DEPARTMENT OF JUSTICE 101-2001-60174 350.00Annual Permits/Inspections07/16/20 - EPA FEE PW YARD WASTE REC…202415DEPARTMENT OF TOXIC SUBS…101-3008-60196 63.52Subscriptions & Publications08/2020 - CITY HALL NEWSPAPER202416DESERT SUN, THE 101-6001-60352 33.00Over Payments, AR Policy07/10/20 - LIC-768825 REFUND BL FEE202417ECONO FENCE INC.101-0000-20330 165.00Consultants05/19/20 - PHYSICAL202418EISENHOWER OCCUPATIONAL…101-1004-60104 47.15Telephone - Utilities07/2020 - LQ PARK PHONE202421FRONTIER COMMUNICATIONS…101-3005-61300 164.94Supplies - Field06/09/20 - CODE PEPPER SPRAY & HOLST…202422GALLS LLC 101-6004-60425 384.27Uniforms06/15/20 - CODE UNIFORMS202422GALLS LLC 101-6004-60690 107.99Uniforms06/22/20 - CODE UNIFORMS202422GALLS LLC 101-6004-60690 158.33Uniforms06/30/20 - CODE UNIFORMS202422GALLS LLC 101-6004-60690 8.45Uniforms07/06/20 - CODE UNIFORMS202422GALLS LLC 101-6004-60690 174.16Materials/Supplies07/14/20 - MATERIALS202423HIGH TECH IRRIGATION INC 101-3005-60431 300.00Consultants06/22/20 - TRANS TAX MEASURE G202424HINDERLITER DE LLAMAS & AS…101-1006-60104 455.00Plan Checks01/31/20 ON-CALL PLAN REVIEW202425HR GREEN PACIFIC INC 101-6003-60118 8,023.00Map/Plan Checking06/30/20 ON-CALL ENG PLAN CHECK SVCS…202425HR GREEN PACIFIC INC 101-7002-60183 163.11Safety Gear07/02/20 - SAFETY BOOTS O VARGAS202427JERNIGAN'S, INC 101-3008-60427 217.49Safety Gear07/02/20 - SAFETY BOOTS J VIZCARRA202427JERNIGAN'S, INC 101-3008-60427 103.30Safety Gear07/14/20 - SAFETY BOOTS D PECINA202427JERNIGAN'S, INC 101-3008-60427 1,275.00Marketing & Tourism Promoti…07/2020 DIGITAL/RETAINER202428JNS MEDIA SPECIALISTS 101-3007-60461 1,025.92Marketing & Tourism Promoti…06/30/20 - CORONAVIRUS CAMPAIGN202428JNS MEDIA SPECIALISTS 101-3007-60461 224 Demand Register Packet: APPKT02469 - BC 07/24/2020 7/23/2020 6:36:20 PM Page 2 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 5.10HVAC07/08/20 - HVAC FILTERS202429JOHNSTONE SUPPLY 101-3008-60667 195.57HVAC07/08/20 - HVAC FILTERS202429JOHNSTONE SUPPLY 101-3008-60667 37.07HVAC07/08/20 - HVAC FILTERS202429JOHNSTONE SUPPLY 101-3008-60667 22.20Maintenance/Services07/08/20 - FS #32 HVAC FILTERS202429JOHNSTONE SUPPLY 101-2002-60691 58.06Maintenance/Services07/08/20 - FS #70 HVAC FILTERS202429JOHNSTONE SUPPLY 101-2002-60691 47.09Maintenance/Services07/08/20 - FS #93 HVAC FILTERS202429JOHNSTONE SUPPLY 101-2002-60691 8.54HVAC07/08/20 - HVAC FILTERS202429JOHNSTONE SUPPLY 101-3008-60667 25.80HVAC07/08/20 - PW YARD HVAC FILTERS202429JOHNSTONE SUPPLY 101-3008-60667 190.20HVAC07/08/20 - WC HVAC FILTERS202429JOHNSTONE SUPPLY 101-3008-60667 33.82Coronavirus Expenses06/22/20 - SPRAY BOTTLES202430LOWE'S HOME IMPROVEMENT…101-1007-60195 48.19Materials/Supplies06/23/20 - MATERIALS202430LOWE'S HOME IMPROVEMENT…101-3005-60431 97.07Materials/Supplies06/18/20 - CITY HALL MAT'LS202430LOWE'S HOME IMPROVEMENT…101-3008-60431 350.89Materials/Supplies06/18/20 - CITY HALL MAT'LS202430LOWE'S HOME IMPROVEMENT…101-3008-60431 22.77Materials/Supplies05/27/20 - CTIY HALL MAT'LS202430LOWE'S HOME IMPROVEMENT…101-3008-60431 20.63Materials/Supplies06/16/20 - PW YARD MAT'LS202430LOWE'S HOME IMPROVEMENT…101-3008-60431 19.34Materials/Supplies05/27/20 - CTIY HALL MAT'LS202430LOWE'S HOME IMPROVEMENT…101-3008-60431 9.08Materials/Supplies06/24/20 - PW YARD MAT'LS202430LOWE'S HOME IMPROVEMENT…101-3008-60431 139.79Tools/Equipment06/16/20 - CHAIN LOOP GREEN202431MOWERS PLUS INC 101-7003-60432 663.35Medical InsuranceAUG'20 REIMB COBRA PER SEVERANCE A…202432NIETO, PAM 101-1004-50221 59.84Postage06/27/20 - OVERNIGHT MAIL202433ONTRAC 101-1007-60470 3,611.75Professional Services06/25/20 MUNI CODE SUPPLEMENT SERV…202436QUALITY CODE PUBLISHING 101-1005-60103 61,559.00Sheriff - Other07/01/19-06/30/20 - CLETS SERVICE202437RIVERSIDE COUNTY SHERIFF D…101-2001-60176 42,098.00Sheriff - Other07/01/20-06/30/21 - CAL-ID MEMBER ASS…202437RIVERSIDE COUNTY SHERIFF D…101-2001-60176 957,933.04Sheriff Patrol05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60161 23,726.09Police Overtime05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60162 338,743.49Target Team05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60163 98,208.45Community Services Officer05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60164 20,272.20Gang Task Force05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60166 20,272.20Narcotics Task Force05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60167 94,571.62Motor Officer05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60169 60,151.52Dedicated Sargeants05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60170 32,032.77Dedicated Lieutenant05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60171 55,034.09Sheriff - Mileage05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60172 11,336.69Special Enforcement Funds05/21-06/30/20 - BP13 POLICE SERVICE202438RIVERSIDE COUNTY SHERIFF D…101-2001-60175 664.35Medical InsuranceAUG'20 REIMB COBRA PER SEVERANCE A…202439SCOTT, ANGELA 101-1004-50221 14.90Coronavirus Expenses06/26/20 - CABLE TIES PLAYGROUND EQPT202440SMITH PIPE & SUPPLY CO 101-1007-60195 13.64Annual Permits/Inspections06/16/20 - WC EMMISSIONS LATE FEE202441SOUTH COAST AIR QUALITY M…101-3008-60196 144.51Annual Permits/Inspections07/2019-06/2020 - AQMD FEE (CH 104937)202442SOUTH COAST AIR QUALITY M…101-3008-60196 421.02Annual Permits/Inspections06/16/20 - WC DIESEL FEES G42712202443SOUTH COAST AIR QUALITY M…101-3008-60196 122.82Materials/Supplies07/14/20 - CA GOLD FINES202444SOUTHWEST BOULDER & STO…101-3005-60431 264.13Materials/Supplies07/15/20 - 3/4" CRUSHED202444SOUTHWEST BOULDER & STO…101-3005-60431 221.86Operating Supplies06/17/20 - DRINKING WATER202445SPARKLETTS 101-7003-60420 183.00Operating Supplies07/10/20 - DRINKING WATER202445SPARKLETTS 101-7003-60420 99.45Citywide Conf Room Supplies07/10/20 - CITYWIDE DRINKING WATER202445SPARKLETTS 101-1007-60403 152.24Coronavirus Expenses06/05/20 - OXIVIR 1 BUCKETS202446STAPLES ADVANTAGE 101-1007-60195 279.49Coronavirus Expenses07/07/20 - DISPOSABLE FACE MASKS202446STAPLES ADVANTAGE 101-1007-60195 57.38Office Supplies07/09/20 - OFFICE SUPPLIES202446STAPLES ADVANTAGE 101-7003-60400 39.14Coronavirus Expenses07/09/20 - CLOROX WIPES202446STAPLES ADVANTAGE 101-1007-60195 32.56Coronavirus Expenses07/11/20 - CLOROX WIPES202446STAPLES ADVANTAGE 101-1007-60195 53.28Citywide Conf Room Supplies07/16/20 - CITYWIDE CUPS202446STAPLES ADVANTAGE 101-1007-60403 -152.24Coronavirus Expenses06/30/20 - OXIVIR 1 BUCKETS CREDIT202446STAPLES ADVANTAGE 101-1007-60195 35.53Office Supplies07/17/20 - OFFICE SUPPLIES202446STAPLES ADVANTAGE 101-3001-60400 13.03Coronavirus Expenses07/18/20 - LARGE GLOVES202446STAPLES ADVANTAGE 101-1007-60195 926.25Developer DepositsTRAVERTINE PEER REVIEW TN1198125T 0…202447TERRA NOVA PLANNING & RE…101-0000-22810 4,058.09Professional Services06/01-06/30/20 ON-CALL PLANNING SERV…202447TERRA NOVA PLANNING & RE…101-6002-60103 134.15Materials/Supplies07/17/20 - PW YARD LOCK & MAT'LS202448THE LOCK SHOP, INC 101-3008-60431 438.16Operating Supplies06/30/20 - BL DECALS202449THE PRINTING PLACE 101-6006-60420 163.13Maintenance/Services04/20/20 - TENNIS COURTS SIGNS MAINT202450TOP OF THE LINE SIGNS 101-3005-60691 47.00Pest Control06/01/20 - PW YARD PEST CONTROL202453TRULY NOLEN INC 101-3008-60116 72.00United Way DeductionsCONTRIBUTION202454UNITED WAY OF THE DESERT 101-0000-20981 225 Demand Register Packet: APPKT02469 - BC 07/24/2020 7/23/2020 6:36:20 PM Page 3 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 30.71Materials/Supplies07/15/20 - MATERIALS202456VINTAGE ASSOCIATES 101-3005-60431 Fund 101 - GENERAL FUND Total:1,877,537.71 Fund: 201 - GAS TAX FUND 396.50Safety Gear07/10/20 - SAFETY PPE202412CRAFCO, INC 201-7003-60427 163.11Safety Gear07/09/20 - SAFETY BOOTS R SEVILLA202427JERNIGAN'S, INC 201-7003-60427 206.61Safety Gear07/13/20 - SAFETY BOOTS S HAMILTON202427JERNIGAN'S, INC 201-7003-60427 179.43Safety Gear07/13/20 - SAFETY BOOTS J PALAFOX202427JERNIGAN'S, INC 201-7003-60427 179.43Safety Gear07/15/20 - SAFETY BOOTS B GONZALES202427JERNIGAN'S, INC 201-7003-60427 30.75Materials/Supplies06/08/20 - CONCRETE MAT'LS202430LOWE'S HOME IMPROVEMENT…201-7003-60431 136.90Materials/Supplies07/13/20 - CLASS II BASE202444SOUTHWEST BOULDER & STO…201-7003-60431 186.23Traffic Control Signs07/13/20 - TRAFFIC CONTROL SIGNS202451TOPS' N BARRICADES INC 201-7003-60429 277.86Traffic Control Signs07/13/20 - TRAFFIC CONTROL SIGNS202451TOPS' N BARRICADES INC 201-7003-60429 136.63Traffic Control Signs07/15/20 - TRAFFIC CONTROL SIGNS202451TOPS' N BARRICADES INC 201-7003-60429 657.23Traffic Control Signs07/16/20 - TRAFFIC CONTROL SIGNS202451TOPS' N BARRICADES INC 201-7003-60429 268.50Traffic Control Signs07/17/20 - TRAFFIC CONTROL SIGNS202451TOPS' N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:2,819.18 Fund: 202 - LIBRARY & MUSEUM FUND 180.20Water - Utilities07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…202-3006-61200 121.28HVAC07/08/20 - LIBRARY HVAC FILTERS202429JOHNSTONE SUPPLY 202-3004-60667 57.40HVAC07/08/20 - MUSEUM HVAC FILTER202429JOHNSTONE SUPPLY 202-3006-60667 12.35Maintenance/Services06/17/20 - MUSEUM MAT'LS202430LOWE'S HOME IMPROVEMENT…202-3006-60691 49.00Pest Control06/12/20 - MUSEUM PEST CONTROL202453TRULY NOLEN INC 202-3006-60116 125.00HVAC07/21/20 - LQ LUMBER YARD202457VINTAGE E & S INC 202-3006-60667 Fund 202 - LIBRARY & MUSEUM FUND Total:545.23 Fund: 215 - LIGHTING & LANDSCAPING FUND 726.71Water - Medians - Utilities06/30/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…215-7004-61211 2,331.24Water - Medians - Utilities07/20/20 - WATER SERVICE202409COACHELLA VALLEY WATER DI…215-7004-61211 163.94Materials/Supplies07/14/20 - MATERIALS202423HIGH TECH IRRIGATION INC 215-7004-60431 1.75Electric - Utilities06/30/20 - ELECTRICITY SERVICE202426IMPERIAL IRRIGATION DIST 215-7004-61116 212.05Safety Gear07/13/20 - SAFETY BOOTS B TELLEZ202427JERNIGAN'S, INC 215-7004-60427 288.24Operating Supplies05/26/20 - TRUCK TOOL BOX202430LOWE'S HOME IMPROVEMENT…215-7004-60420 25.96Materials/Supplies06/23/20 - MATERIALS202430LOWE'S HOME IMPROVEMENT…215-7004-60431 433.56Materials/Supplies06/26/20 - MATERIALS202440SMITH PIPE & SUPPLY CO 215-7004-60431 20.47Materials/Supplies07/15/20 - MATERIALS202456VINTAGE ASSOCIATES 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:4,203.92 Fund: 243 - RDA LOW-MOD HOUSING FUND 83,333.00Homelessness Assistance06/30/20 - FY 19/20 HOMELESS SERVICES …202408COACHELLA VALLEY ASSOC OF…243-0000-60532 Fund 243 - RDA LOW-MOD HOUSING FUND Total:83,333.00 Fund: 247 - ECONOMIC DEVELOPMENT FUND 150.00Marketing & Tourism Promoti…06/24-06/29/20 - COVID FB BOOST202402BANK OF THE WEST 247-0000-60461 150.00Marketing & Tourism Promoti…06/17-06/24/20 - COVID FB BOOST202402BANK OF THE WEST 247-0000-60461 150.00Marketing & Tourism Promoti…06/11-06/18/20 - COVID FB BOOST202402BANK OF THE WEST 247-0000-60461 9,693.91Marketing & Tourism Promoti…07/20/20 CALLE TAMPICO SIGN MONUM…202404BEST SIGNS INC 247-0000-60461 Fund 247 - ECONOMIC DEVELOPMENT FUND Total:10,143.91 Fund: 270 - ART IN PUBLIC PLACES FUND 100.00APP Maintenance06/29/20 - REPLACE PLATES "GALAXY OF …202434OSBORNE, JANICE 270-0000-60683 Fund 270 - ART IN PUBLIC PLACES FUND Total:100.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 2,490.00Professional Services06/30/20 REGIONAL SCOUR ANALYSIS202403BENGAL ENGINEERING INC 401-0000-60103 4,509.60DesignJUNE 2020 DUNE PALMS BRIDGE LOW W…202403BENGAL ENGINEERING INC 401-0000-60185 2,588.25Construction04/28/20 2018-01 COVE TRAILHEAD SIGN202404BEST SIGNS INC 401-0000-60188 3,527.55Design07/15/20 - PLAN CHECK FEE202410COACHELLA VALLEY WATER DI…401-0000-60185 445.00Technical03/28-04/24/20 PROF SVCS 2018-01 COVE…202411CONVERSE CONSULTANTS 401-0000-60108 1,115.00Technical03/28-04/24/20 PROF SVCS 2016-08 SILV…202411CONVERSE CONSULTANTS 401-0000-60108 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:14,675.40 Fund: 501 - FACILITY & FLEET REPLACEMENT 172.43Vehicle Repair & Maintenance07/13/20 - VEHICLE BATTERY202401AUTOZONE 501-0000-60676 17,222.52Vehicles, Rentals & Leases07/2020 - FLEET LEASE202419ENTERPRISE FM TRUST 501-0000-71030 226 Demand Register Packet: APPKT02469 - BC 07/24/2020 7/23/2020 6:36:20 PM Page 4 of 7 AmountVendor Name Payment Number Description (Item)Account Name Account Number 85.00Vehicle Repair & Maintenance06/17/20 - TOW202435PLAZA TOWING 501-0000-60676 2,845.07Fuel & Oil06/01-06/15/20 - VEHICLE FUEL202452TOWER ENERGY GROUP 501-0000-60674 2,011.64Fuel & Oil06/16-06/30/20 - VEHICLE FUEL202452TOWER ENERGY GROUP 501-0000-60674 Fund 501 - FACILITY & FLEET REPLACEMENT Total:22,336.66 Fund: 502 - INFORMATION TECHNOLOGY 25,315.00Consultants07/2020 IT SERVICES NETWORK ADMIN C…202399ACORN TECHNOLOGY SERVICES 502-0000-60104 50.00Software Licenses06/13-7/13/20 - BASECAMP202402BANK OF THE WEST 502-0000-60301 157.03Machinery & Equipment06/24/20 - DUAL MOUNT ARM202402BANK OF THE WEST 502-0000-80100 65.24Machinery & Equipment06/24/20 - PROTECTOR CASE202402BANK OF THE WEST 502-0000-80100 1,793.99Copiers07/2020 CITY PRINTERS202405CANON FINANCIAL SERVICES, …502-0000-60662 847.82Copiers06/2020 CITY PRINTERS USAGE202405CANON FINANCIAL SERVICES, …502-0000-60662 214.40Cable - Utilities07/04-08/03/20 - DSL SERVICE202421FRONTIER COMMUNICATIONS…502-0000-61400 1,270.57Cell/Mobile Phones06/02-07/01/20 - CITY CELL IPADS (5587)202455VERIZON WIRELESS 502-0000-61301 2,626.92Cell/Mobile Phones06/02-07/01/20 - CITY CELL SVC (5496)202455VERIZON WIRELESS 502-0000-61301 Fund 502 - INFORMATION TECHNOLOGY Total:32,340.97 Fund: 504 - INSURANCE FUND 663.35Medical InsuranceAUG'20 REIMB COBRA PER SEVERANCE A…202432NIETO, PAM 504-1010-50221 Fund 504 - INSURANCE FUND Total:663.35 Fund: 601 - SILVERROCK RESORT 652.00Repair & Maintenance07/13/20 - SILVERROCK HVAC SVCS202420FIRST CHOICE A/C & HEATING …601-0000-60660 453.00Repair & Maintenance07/13/20 - SILVERROCK HVAC SVCS202420FIRST CHOICE A/C & HEATING …601-0000-60660 13.51Repair & Maintenance07/08/20 - SILVERROCK HVAC FILTERS202429JOHNSTONE SUPPLY 601-0000-60660 18.15Repair & Maintenance07/08/20 - SILVERROCK HVAC FILTERS202429JOHNSTONE SUPPLY 601-0000-60660 24.72Repair & Maintenance06/02/20 - SILVERROCK MAT'LS202430LOWE'S HOME IMPROVEMENT…601-0000-60660 46.22Repair & Maintenance06/05/20 - SILVERROCK MAT'LS202430LOWE'S HOME IMPROVEMENT…601-0000-60660 Fund 601 - SILVERROCK RESORT Total:1,207.60 Grand Total:2,049,906.93 227 Demand Register Packet: APPKT02469 - BC 07/24/2020 7/23/2020 6:36:20 PM Page 5 of 7 Fund Summary Fund Expense Amount 101 - GENERAL FUND 1,877,537.71 201 - GAS TAX FUND 2,819.18 202 - LIBRARY & MUSEUM FUND 545.23 215 - LIGHTING & LANDSCAPING FUND 4,203.92 243 - RDA LOW-MOD HOUSING FUND 83,333.00 247 - ECONOMIC DEVELOPMENT FUND 10,143.91 270 - ART IN PUBLIC PLACES FUND 100.00 401 - CAPITAL IMPROVEMENT PROGRAMS 14,675.40 501 - FACILITY & FLEET REPLACEMENT 22,336.66 502 - INFORMATION TECHNOLOGY 32,340.97 504 - INSURANCE FUND 663.35 601 - SILVERROCK RESORT 1,207.60 Grand Total:2,049,906.93 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable -21.87 101-0000-20330 Over Payments, AR Policy 33.00 101-0000-20915 Employee Computer Loan -16.30 101-0000-20981 United Way Deductions 72.00 101-0000-22810 Developer Deposits 926.25 101-1002-60351 Membership Dues 455.00 101-1004-50221 Medical Insurance 1,327.70 101-1004-60104 Consultants 165.00 101-1005-60103 Professional Services 3,611.75 101-1006-60104 Consultants 300.00 101-1006-60320 Travel & Training 39.00 101-1007-60195 Coronavirus Expenses 45.21 101-1007-60403 Citywide Conf Room Suppl…152.73 101-1007-60470 Postage 59.84 101-2001-60161 Sheriff Patrol 957,933.04 101-2001-60162 Police Overtime 23,726.09 101-2001-60163 Target Team 338,743.49 101-2001-60164 Community Services Offic…98,208.45 101-2001-60166 Gang Task Force 20,272.20 101-2001-60167 Narcotics Task Force 20,272.20 101-2001-60169 Motor Officer 94,571.62 101-2001-60170 Dedicated Sargeants 60,151.52 101-2001-60171 Dedicated Lieutenant 32,032.77 101-2001-60172 Sheriff - Mileage 55,034.09 101-2001-60174 Blood/Alcohol Testing 35.00 101-2001-60175 Special Enforcement Funds 11,336.69 101-2001-60176 Sheriff - Other 103,657.00 101-2002-60691 Maintenance/Services 127.35 101-2002-61200 Water - Utilities 792.72 101-3001-60400 Office Supplies 35.53 101-3002-50221 Medical Insurance 1,724.11 101-3005-60431 Materials/Supplies 640.01 101-3005-60432 Tools/Equipment 595.00 101-3005-60691 Maintenance/Services 163.13 101-3005-61201 Water -Monticello Park - …2,769.39 101-3005-61204 Water -Fritz Burns Park - …88.42 101-3005-61206 Water -Desert Pride - Utili…1,001.62 101-3005-61208 Water -Seasons Park - Util…19.05 101-3005-61209 Water -Community Park -…159.29 101-3005-61300 Telephone - Utilities 47.15 101-3007-60351 Membership Dues 1,188.00 101-3007-60461 Marketing & Tourism Pro…2,301.91 101-3008-60116 Pest Control 47.00 228 Demand Register Packet: APPKT02469 - BC 07/24/2020 7/23/2020 6:36:20 PM Page 6 of 7 Account Summary Account Number Account Name Expense Amount 101-3008-60196 Annual Permits/Inspectio…929.17 101-3008-60427 Safety Gear 483.90 101-3008-60431 Materials/Supplies 817.04 101-3008-60667 HVAC 462.28 101-3008-61200 Water - Utilities 110.67 101-6001-60352 Subscriptions & Publicati…63.52 101-6002-60103 Professional Services 4,058.09 101-6002-60351 Membership Dues 350.00 101-6003-60118 Plan Checks 455.00 101-6003-60320 Travel & Training 1,446.20 101-6004-60103 Professional Services 1,633.18 101-6004-60197 Animal Shelter Contract S…20,133.20 101-6004-60425 Supplies - Field 164.94 101-6004-60690 Uniforms 659.04 101-6006-60420 Operating Supplies 438.16 101-7002-60103 Professional Services 1,601.40 101-7002-60183 Map/Plan Checking 8,023.00 101-7003-60400 Office Supplies 57.38 101-7003-60420 Operating Supplies 404.86 101-7003-60432 Tools/Equipment 139.79 101-7006-60146 PM 10 - Dust Control 39.55 101-7006-60352 Subscriptions & Publicati…244.19 201-7003-60427 Safety Gear 1,125.08 201-7003-60429 Traffic Control Signs 1,526.45 201-7003-60431 Materials/Supplies 167.65 202-3004-60667 HVAC 121.28 202-3006-60116 Pest Control 49.00 202-3006-60667 HVAC 182.40 202-3006-60691 Maintenance/Services 12.35 202-3006-61200 Water - Utilities 180.20 215-7004-60420 Operating Supplies 288.24 215-7004-60427 Safety Gear 212.05 215-7004-60431 Materials/Supplies 643.93 215-7004-61116 Electric - Utilities 1.75 215-7004-61211 Water - Medians - Utilities 3,057.95 243-0000-60532 Homelessness Assistance 83,333.00 247-0000-60461 Marketing & Tourism Pro…10,143.91 270-0000-60683 APP Maintenance 100.00 401-0000-60103 Professional Services 2,490.00 401-0000-60108 Technical 1,560.00 401-0000-60185 Design 8,037.15 401-0000-60188 Construction 2,588.25 501-0000-60674 Fuel & Oil 4,856.71 501-0000-60676 Vehicle Repair & Mainte…257.43 501-0000-71030 Vehicles, Rentals & Leases 17,222.52 502-0000-60104 Consultants 25,315.00 502-0000-60301 Software Licenses 50.00 502-0000-60662 Copiers 2,641.81 502-0000-61301 Cell/Mobile Phones 3,897.49 502-0000-61400 Cable - Utilities 214.40 502-0000-80100 Machinery & Equipment 222.27 504-1010-50221 Medical Insurance 663.35 601-0000-60660 Repair & Maintenance 1,207.60 Grand Total:2,049,906.93 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**2,031,182.75**None****None** 229 Demand Register Packet: APPKT02469 - BC 07/24/2020 7/23/2020 6:36:20 PM Page 7 of 7 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name 111205D 8,037.15Design Expense Dune Palms Bridge Imp/BRLKS-5433(014) 18-002E 926.25TRAVERTINE CORPORATION EXP TRAVERTINE CORPORATION 201608T 1,115.00Technical Expense SilverRock Event Space 201801CT 2,588.25Construction Expense Cove Public Restroom 201801T 445.00Technical Expense Cove Public Restroom 201919E 2,490.00Regional Scour Analysis Expense Regional Scour Analysis CORONAMISC 1,475.92MiscellaneousCorona Virus Emergency Response CORONAMS 45.21Corona Materials & Supplies Corona Virus Emergency Response CSA152E 1,601.40CSA 152 Expenses CSA 152 Project Tracking Grand Total:2,049,906.93 230 City of La Quinta Bank Transactions 07/11 – 07/24/2020 Wire Transaction Listed below are the wire transfers from 07/11 – 07/24/2020 Wire Transfers: 07/15/2020 - WIRE TRANSFER - ICMA 100.00$ 07/17/2020 - WIRE TRANSFER - PERS 920,425.00$ 07/17/2020 - WIRE TRANSFER - PERS 18,787.00$ 07/17/2020 - WIRE TRANSFER - PERS 807.00$ 07/22/2020 - WIRE TRANSFER - LANDMARK 131,844.65$ 07/24/2020 - WIRE TRANSFER - PERS 39,422.07$ 07/24/2020 - WIRE TRANSFER - ICMA 3,325.29$ 07/24/2020 - WIRE TRANSFER - LQCEA 432.00$ TOTAL WIRE TRANSFERS OUT 1,115,143.01$ ATTACHMENT 2 231 232 City of La Quinta CITY COUNCIL: August 4, 2020 STAFF REPORT AGENDA TITLE: CONTINUED FROM JULY 21, 2020 ADOPT RESOLUTION GRANTING ESSI ENGINEERING A WAIVER OF UNDERGROUNDING UTILITY LINES IN ASSOCIATION WITH DESERT CLUB APARTMENT DEVELOPMENT LOCATED AT 51480 DESERT CLUB DRIVE (PROJECT NO. UW 2020-0001) RECOMMENDATION Adopt a resolution granting Essi Engineering a waiver of undergrounding utility lines in association with Desert Club Apartments development located at 51480 Desert Club Drive (Project No. Undergrounding Waiver 2020-0001). EXECUTIVE SUMMARY •On June 11, 2019, the Planning Commission approved a Site Development Permit (SDP) and Conditional Use Permit (CUP) to allow construction of 16 apartments on 1.3 acres on 51480 Desert Club Drive. The SDP and CUP included undergrounding all four (4) utility poles on the site, as is required in the La Quinta Municipal Code (LQMC). •The applicant is now requesting a waiver for this requirement after new complications arose from communications with Imperial Irrigation District (IID). •On July 21, 2020, the City Council considered this item and directed the applicant, owner, and IID to explore possibility of installing conduits on the site to prepare it for possible future undergrounding. FISCAL IMPACT – None BACKGROUND/ANALYSIS The vacant 1.3-acre site is located immediately north of the existing Arnold Palmer’s Restaurant driveway. The property consists of two lots and has SDP approval for a 16-unit apartment project inclusive of two buildings of eight (8) units each and parking (Attachment 1). The apartments will be located immediately adjacent to the sidewalk and will include second floor units with BUSINESS SESSION ITEM NO. 1 233 balconies overlooking the street. The four (4) utility poles currently at the project site were proposed to be undergrounded as part of the SDP in accordance with LQMC Section 8.03.020 (Attachment 2). Subsequent to the SDP approval, IID communicated that the existing overhead lines and poles feed in all directions at this location and there is a complicated combination of overhead and underground primary and secondary feeds; if these four (4) utility poles are removed and overhead lines are undergrounded, IID would need to install six (6) new poles. The applicant, owner, IID and Staff had subsequent meetings exploring multiple options but found complications of undergrounding any of the lines and poles. Thus, the applicant requests the undergrounding requirement under the SDP be waived, as allowed by LQMC Section 8.03.020 and to keep all existing utility poles unchanged (Attachment 3). Per LQMC, the Council may approve a waiver “after making a finding that the application of the specific provision in question would be unreasonable, impractical and cause undue hardship to the Applicant or the general public” (Attachment 4). Council considered this waiver request on July 21, 2020 and heard justification and elaboration provided by the property owner and IID representative. The IID representative stated that undergrounding utilities would require a more comprehensive plan as it would affect and involve surrounding properties in all directions. Council asked that IID and the owner explore the option to construct underground conduits within the project site so that the utility infrastructure is in place for future undergrounding. IID has provided a letter outlining a plan for underground conduits within the site (Attachment 5). Pursuant to this plan, a condition of granting the waiver can be added as follows: “The applicant shall install two 6-inch conduits behind the curb along Desert Club Drive at a depth resulting in 48 inches of cover. The conduits will extend north and south to the perimeter of the property with proper stub out markings for future accessibility and will be concrete encased per IID standards. IID will also require two 5-inch conduits extending east and west along the northern perimeter of the property with the same depth and encasement considerations per IID standards. The installation will be included in the service plan to provide service to the apartment complex which will include additional conduit, subsurface structures, cabling and metering. The additional conduits noted above will be used for the undergrounding of the existing electrical facilities in the future”. A condition will also be added requiring applicant to install conduits for future undergrounding of cable, telephone, and any other associated lines. Staff recommends that the Council make this finding, with the condition of approval attached to the Resolution. 234 ALTERNATIVES Council may elect the following: 1)Grant the waiver without imposing any conditions 2)Not grant the waiver 3)Impose additional reasonable conditions on said grant in the interest of protecting and preserving the public health, safety, and general welfare; or 4)May request additional information and request a continuance of its consideration Prepared by: Carlos Flores, Senior Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Desert Club Apartments SDP Renderings 2.Project Site Photos 3.Proposed Updated Plan 4. LQMC Section 8.03.020 5. IID e-mail 235 CITY COUNCIL RESOLUTION 2020 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING ESSI ENGINEERING A WAIVER OF UNDERGROUNDING UTILITY LINES IN ASSOCIATION WITH DESERT CLUB APARTMENTS DEVELOPMENT, CONSISTING OF 16 APARTMENTS IN TWO BUILDINGS LOCATED AT 51480 DESERT CLUB DRIVE CASE NUMBER: UNDERGROUNDING WAIVER 2020-0001 APPLICANT: ESSI ENGINEERING WHEREAS, the City Council of the City of La Quinta, California did, on the 21st day of July, 2020 and 4th of August, 2020, have regular meetings and did consider a request by Essi Engineering for a waiver of undergrounding of utility lines for development of a new apartment project consisting of 16 apartments in two buildings at 51-480 Desert Club Drive, more particularly described as: APNs 770-156-009 & 770-156-010 WHEREAS, on the 11th day of June 2019, the Planning Commission of the City of La Quinta, California, did hold a public hearing to consider Site Development Permit 2018-0004 and upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did approve Site Development Permit 2018-0004; and WHEREAS, at the regular meeting of the City Council on the 4th day of August, 2020, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory finding pursuant to Section 8.03.020 of the Municipal Code to justify granting of the waiver: 1.The application of the specific provision in question, undergrounding of the utility lines, would be unreasonable, impractical and cause undue hardship to the Applicant or the general public, because of the complicated combination overheard and underground primary and secondary feeds. Undergrounding of the utility lines would result in the installation of two more utility poles, increasing the number of 236 City Council Resolution 2020 - 027 Site Development Permit 2018-0004 – Waiver of Underground Utility Lines Desert Club Apartments August 4, 2020 Page 2 of 3 utility poles from 4 to 6. The utility poles and lines on the project site feed provide connection to multiple residents and businesses in all directions, leading to underground obstacles and natural conditions that would make the underground installation unreasonable at this time, without a comprehensive undergrounding plan or project for the surrounding properties. The underground conditions make it as such that undergrounding the poles would lead to additional poles being installed and also create power outages for the commercial and residential occupants throughout construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case; SECTION 2. That it does grant the request to waive the requirement to underground utility lines for the reasons set forth in this Resolution, subject to the attached conditions of approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this the 4th day of August 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________ LINDA EVANS, Mayor City of La Quinta, California 237 City Council Resolution 2020 - 027 Site Development Permit 2018-0004 – Waiver of Underground Utility Lines Desert Club Apartments August 4, 2020 Page 3 of 3 MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: _________________________ WILLIAM IHRKE, City Attorney City of La Quinta, California ATTEST: _______________________ 238 CITY COUNCIL RESOLUTION 2020-027 CONDITIONS OF APPROVAL - RECOMMENDED UNDERGROUNDING WAIVER 2020-0001 DESERT CLUB APARTMENTS ADOPTED: Page 1 of 1 GENERAL 1.The applicant shall install two 6-inch conduits behind the curb along Desert Club Drive at a depth resulting in 48 inches of cover. These conduits shall extend north and south to the perimeter of the property with proper stub out markings for future accessibility and shall be concrete encased per IID standards. The applicant also shall install two 5-inch conduits extending east and west along the northern perimeter of the property with the same depth and encasement requirements set forth in this condition per IID standards. The conduit installations shall be included in the service plan to provide service to the apartment complex, which will include additional conduit, subsurface structures, cabling and metering. The additional conduits to be installed under this condition shall be used for the undergrounding of the existing electrical facilities in the future. 2.The applicant shall coordinate with other utilities (cable and phone) for construction of necessary conduit infrastructure for future undergrounding of cable, phone, or any other affected lines. This conduit construction shall occur at same time as construction of conduits as described in condition #1. 239 ATTACHMENT 1 240 ATTACHMENT 1 241 ATTACHMENT 2242 ATTACHMENT 3ATTACHMENT 3243 244 245 246 247 ATTACHMENT 4 248 249 ATTACHMENT 5250 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: APPROVE FISCAL YEAR 2020/21 MARKETING STRATEGIES AND MEDIA PLAN RECOMMENDATION Approve fiscal year 2020/21 marketing strategies and media plan. EXECUTIVE SUMMARY The 2020/21 Marketing Strategies and Media Plan (Plan) are focused on economic development, tourism, and enriching community outreach. Staff has worked with several key partners to develop strategies that allow for the ability to change course based on impacts from COVID-19. Staff will continue to work with JNS Next on digital media and public relations, as well as concepts and creative outreach and marketing efforts. FISCAL IMPACT The marketing budget (101-3007-60461) is $600,000 which is a decrease of $44,000 from 2019/20 budget; the components entail: Media Buy (Print, TV, radio, digital, social media, graphic design, and public relations) - $384,800 Chamber of Commerce Contract (The Gem and special events) - $95,200 Palms to Pines Promotional Items - $15,000 Airgriculture Drone Footage - $10,000 Miscellaneous Marketing Efforts (Economic Development, photography, pole banners, signage, advertising sponsorships) - $95,000 BUSINESS SESSION ITEM NO. 2 251 BACKGROUND/ANALYSIS The Plan is focused on economic development, tourism, evolving the City brand, internal marketing plan, and an enhanced focus on community outreach through: Digital and mobile ads focused on overall City brand and lifestyle Continued enhancement of COVID-19 microsite educating and informing the community on updates and information regarding the novel coronavirus Instant creation of alternative branded messages in response to possible outcomes of COVID-19 through digital platforms Improved communication to businesses in the form of a stylized newsletter Continued collaboration with the Greater Coachella Valley Chamber of Commerce and Greater Palm Springs Convention and Visitors Bureau Due to the impacts novel coronavirus has made on the tourism industry, staff has created a media outline that allows the ability to change direction quickly and efficiently. This outline has been shaped by the result of continued education of staff and participation in marketing conference calls and webinars with Visit California, CalTravel and the Greater Palm Springs Convention and Visitors Bureau. All concepts originate in-house with creative assets produced through collaboration with graphic design. Various alternatives will be available should the need arise based on state mandates. The Plan has been designed to respond swiftly and allow for alternatives for different scenarios. Some of those are as follows: Decrease of print publications Change vinyl or static billboards to digital billboards Increase digital and mobile ads by more than 50% Increase in local media partners for stronger community outreach Collaborate with print media vendors on the ability to shift to digital if needed ALTERNATIVES Council may elect not to approve or amend FY 2020/21 Marketing Strategies and Media Plan. Prepared by: Marcie Graham, Marketing Manager Approved by: Jon McMillen, City Manager Attachment: 1. 2020/21 Marketing Strategies and Media Plan 252 ATTACHMENT 1 253 254 255 256 257 258 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Totals Ad Size and NotesPrintOrange County$2,500 Los Angeles$2,500 San Diego$2,500 So Cal Life Magazine$2,500$5,000$2,500$10,000Half Page Ads (Oct & April) 2-page spread (Jan)Print Total$20,000TelevisionKTLA$37,000Cable TV (4,000) :30 spotsKTLA (120) :60 spotsKTLA (420) :30 spotsTelevision Totals$37,000Digital MarketingSocial Media Boost $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500$500 $6,000 Social media boosts on FacebookGoogle Search - SEM and Display Banners $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $36,000SEM and Display - Paid search ads with keywords relevant to your destination to help get your site in front of prospective travelers as they search.Programmatic Digital Marketing Banner and Video AdsHoliday GetawayTarget - SoCal$7,500$54,000 Contextual, Behavioral Display & Video adsThese will be multiple campaigns targeted to drive markets (eventually fly markets Seattle, Portland SF), with specific messaging/pillars. Ie. Family, Couple, Outdoors, Health/Wellness, Food, etc.Re-targeting site users from campaign ads.Facebook & Instagram CPC$1,500$12,000Facebook and Instagram campaigns - Click to site and Remarketing. (Instant Experience ads built in)Nativo - Content travel stories across top websites$40,000Native Stories with strong reporting. Stories across prominent travel websites (Travel + Leisure, Forbes, USA Today, Food Network, etc.)Locale Magazine- Digital$2,500 $2,500 $2,500 $2,500 $2,500 $12,500Digital ads and newslettersAssets TBDConde Nast Network & Meredith Travel Group$12,000Online Display banners RON (Conde's full RON site list: Vogue, VanityFair, Glamour, Brides, Self, GQ, GQStyle, TheNewYorker, CondéNastTraveler, Allure, ArchitecturalDigest, BonAppétit, Epicurious, Wired, W, GolfDigest, GolfWorld, TeenVogue) Meredith (Travel+Leisure, Southern Living, Coastal Living, People, Food & Wine, etc.)Website Landing Page Design and Development and Content$1,500 $1,500 $1,500 $1,500 $1,500 $7,500Building out campaign landing pages with custom HTML on PlayInLaQuinta.com for traffic.Digital Totals$180,000$237,000Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Totals Ad Size and NotesMedia OutletDesert Health News $736 $736 $736 $736 $736 $736 $736 $736 $5,888 Full page Palm Springs Life $5,000 $5,000 $2,095 $2,095 $14,1904 Pg. Advertorial (Vision) CVB Visitors Guide1/2 Page Lamar PSP Airport - Diorama$0 $1,200 $1,200 $1,200 $1,500 $1,500 $1,500 $2,100 $2,100 $2,100 $2,100 $2,100 $18,600DioramaSpectrum Cable$0$0$0$0$0$0$0$01,540 :30 spots (220 per month)Travel Host$780 $780 $780 $780 $780 $780$4,680Half Page ads promoting shopping, eating and playing in La QuintaAMEX ProgramX$0LQAC ProgramX$01/2 Page NCM Theater $1,603 $1,603 $1,603 $1,603 $1,603$1,603 $1,603 $1,603 $1,603 $1,603 $1,603 $1,603 $19,236Digital Networ / On Screen :30 Commercial Alpha Media$2,000 $2,000 $2,000$2,000 $2,000 $2,000 $2,000 $2,000$16,000:30 radio spots w/ (4) Live Remotes to help with eventsLocal Digital Marketing Banner Ad Campaigns$6,960 Dates/Content flexibleLocal Marketing TOTALS$85,554Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun TotalsAd Size and NotesOver Runs- Insert (Locale)$22,000$22,000 Guide & 5,000 Addt'l Over RunsWebsite maintenance/hosting$400 $400 $400 $400 $400 $400 $400 $400 $400 $400 $400 $400 $4,800JNS Next - Website Maintenance & hostingPublic Relations$875 $875 $875 $875 $875 $875 $875 $875 $875 $875$875 $875 $10,500 JNS Next - Blogs & PR pieces$37,300CONTINGENCY$25,000TBDTOTAL BUDGET$384,854$3,000Production & Retainers TOTALSProduction and Retainers$4,000Holiday Getaway (Banner Ads)Target - SoCal$4,000Hiking and Wellness (Banner Ads)Target - SoCal, Seattle, Portland, SF$4,000Regional Marketing TOTALSSupport Local Businesses$2,000Local Holiday Shopping Campaign$2,000Enjoy local hiking and outdoors$2,000Hiking and Wellness Message$960Local MarketingHoliday Getaway - Drive Market$15,000Hiking and Wellness - Drive and Flight$15,000A short drive away. Get ready for summer.$10,000$1,500$3,000$3,000City of La Quinta2020-2021 Media PlanLocale Magazine Regional Marketing$10,000Full Page ads / Sponsorships TBDHoliday GetawaySan Diego$2,500 Hiking and WellnessSummer Campaign Video $12,000Campaign - A short drive away.Contextual and Behavior Categories -Family Vacation, Hiking and Wellness, Foodies, Romantic GetawayRetargeting Site UsersTargeting - SoCal$15,000Fall CampaignTargeting - SoCal$7,500Hiking and Wellness Targeting - SoCal, Seattle and Portland$15,000Campaign - A short drive away | A short flight awayTargeting - SoCal, Seattle and Portland$15,000Fall Campaign Video$25,000 Co-OpSummer Campaign VideoComp259 260 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH BANK OF NEW YORK MELLON TRUST COMPANY, N.A. FOR CUSTODY SERVICES RECOMMENDATION Approve Agreement for Contract Services with Bank of New York Mellon Trust Company N.A. for custody services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •The City has three approved Investment Brokers and Staff recommends having one custody services agreement. •Four banks responded to the solicitation for custody services. •Staff recommends Bank of New York Mellon Trust Company N.A. (BNY Mellon). FISCAL IMPACT Transaction fees are paid at the time of executing investment transactions, and administration fees based on the total market value of assets are paid quarterly at a rate of 0.75 Basis Points (0.000075) for the first $50 million and 0.50 Basis Points (0.000050) for funds held over $50 million (based on total market value of assets in arrears on a quarterly billing cycle). An annual audit confirmation fee of $50 and a per wire fee of $20 is also applicable. Based on an investment portfolio of $80 million, 100 trades per year, 20 wires, and one audit confirmation; the total annual fees are anticipated to be $8,150. The initial term of the contract is five years with an option to extend for an additional two years. Using the same investment portfolio assumptions, the total estimated cost for up to seven years is $57,050. BACKGROUND/ANALYSIS As of October 2019, the City has three approved broker/dealers; Stifel, Nicholas & Company, Inc., Higgins Capital Management, and Great Pacific Securities. As a matter of best practice and financial due diligence, it is in the City’s best interest to have multiple broker/dealers from which to choose. However, at this time investment transactions are limited to Stifel because the City has a brokerage account with Stifel, but not a custody account which allows for deposits from multiple broker/dealers. BUSINESS SESSION ITEM NO. 3 261 To execute investment trades securely and efficiently with the three brokers, the City should establish one custody service account to maintain books and records, safeguard funds and securities, control the receipt and delivery of funds and securities, and issue statements. During the Winter of 2019-20, Staff solicited proposals from reputable financial institutions providing custody services. The City received four proposals (from BNY Mellon, US Bank, Union Bank, and Bank of the West). Service fees, financial institution structure, online reporting, ongoing administration, accessibility, and services were evaluated. Based on this evaluation, Staff recommends BNY Mellon. BNY Mellon has offered trust and custody services since 1922 and is the largest custodian with $35 trillion in assets under custody. The Bank has experienced staff members and transitional expertise with a dedicated corporate trust client service team working exclusively with municipalities and not-for-profit organizations. Current investment funds are held in a Pershing, LLC trust and custody account. If approved, these funds would be transferred to BNY Mellon. ALTERNATIVES Council may not approve the recommendation and request Staff reevaluate alternative trust and custody services. Prepared by: Rosemary Hallick, Financial Services Analyst Karla Romero, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1.Agreement for Contract Services 262 CUSTODY AGREEMENT (Public Finance) AGREEMENT, dated as of August 4, 2020, between City of La Quinta ("Customer") and The Bank of New York Mellon Trust Company, N.A., as custodian ("Custodian"). This Agreement covers all investments under the direct authority of the City Council including the Successor Agency to the City of La Quinta Redevelopment Agency, the Housing Authority, and Finance Authority. ARTICLE I DEFINITIONS Whenever used in this Agreement, the following words shall have the meanings set forth below: 1."Authorized Person" shall be any person, whether or not an officer or employee of Customer, duly authorized by Customer to give Written Instructions on behalf of Customer with respect to one or more accounts, such persons to be designated in a Certificate of Authorized Persons (in the form attached hereto or such other form acceptable to Custodian) which contains a specimen signature of such person. 2."BNYM Affiliate" shall mean any office, branch or subsidiary of The Bank of New York Mellon Corporation. 3. "Book-Entry System" shall mean the Federal Reserve/Treasury book entry system for receiving and delivering securities, its successors and nominees. 4."Business Day" shall mean any day on which Custodian and relevant Depositories are open for business. 5.“Depository" shall include the Book-Entry System, the Depository Trust Company, and any other book-entry system, securities depository or clearing agency (and their respective successors and nominees) authorized to act as a book-entry system, securities depository or clearing agency pursuant to applicable law and identified to Customer from time to time. 6."Electronic Means" shall mean the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Custodian, or another method or system specified by the Custodian as available for use in connection with its services hereunder. 7."Securities" shall include, without limitation, common stock and other equity securities, mutual funds, bonds, debentures and other debt securities, notes, mortgages or other obligations, and any instruments representing rights to receive, purchase, or subscribe for the same, or representing any other rights or interests therein (whether represented by a certificate or held in a Depository or on the books of the issuer). 8."Written Instructions" shall mean written communications actually received by Custodian by letter or Electronic Means. ATTACHMENT 1 263 -2- Revised 07-28-2020 ARTICLE II APPOINTMENT OF CUSTODIAN; ACCOUNTS; REPRESENTATIONS AND WARRANTIES 1.Customer hereby appoints Custodian as custodian of all Securities and cash at any time delivered to Custodian during the term of this Agreement and authorizes Custodian to hold Securities in registered form in its name or the name of its nominees. Custodian hereby accepts such appointment and agrees to establish and maintain one or more securities accounts and cash accounts in the name of Customer in which it will hold Securities and cash as provided herein. Such accounts (each, an "Account"; and collectively, the "Accounts") shall be in the name of Customer. The term of this Agreement shall commence on August 4, 2020, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”). 2.Customer hereby represents and warrants, which representations and warranties shall be continuing and shall be deemed to be reaffirmed upon Written Instruction given by Customer, that: (a) Customer is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) This Agreement has been duly authorized, executed and delivered by Customer, constitutes a valid and legally binding obligation of Customer, enforceable in accordance with its terms, and no statute, regulation, rule, order, judgment or contract binding on Customer prohibits Customer's execution or performance of this Agreement; and (c) Either Customer owns the Securities in the Account free and clear of all liens, claims, security interests and encumbrances (except those granted herein) or, if the Securities are owned beneficially by others, Customer has the right to pledge such Securities to the extent necessary to secure Customer's obligations hereunder, free of any right of redemption or prior claim by the beneficial owner. Custodian's security interest pursuant to Article V hereof shall be a first lien and security interest subject to no setoffs, counterclaims or other liens prior to or on a parity with it in favor of any other party (other than specific liens granted preferred status by statute), and Customer shall take any and all additional steps which are required to assure Custodian of such priority and status, including (i) notifying third parties or obtaining their consent to Custodian's security interest, (ii) prohibiting transfer of any interest in a Security from the nominee name in which such investment is registered without the express written consent of Custodian and (iii) insuring it does not take any other action that would cause Custodian’s first lien and security interest hereunder to be adversely affected. ARTICLE III CUSTODY AND RELATED SERVICES 1.Subject to the terms hereof, Customer hereby authorizes Custodian to hold any Securities received by it from time to time for Customer's account. Custodian shall be entitled to utilize Depositories to the extent possible in connection with its performance hereunder. Securities and cash deposited by Custodian in a Depository will be held subject to the rules, terms and conditions of such Depository. 2.Custodian shall furnish Customer with a monthly summary of all account transfers and activity. Although Customer recognizes that it may obtain a broker confirmation or written statement containing comparable information at no additional cost, Customer hereby agrees that confirmations of investments are not required to be issued by Custodian for each month in which a monthly statement is rendered. No 264 -3- Revised 07-28-2020 statement need be rendered for an Account if no activity occurred in such Account during such month. Customer may elect to receive advices, confirmations, reports or statements electronically through the Internet to an e-mail address specified by it for such purpose. By electing to use the Internet for this purpose, Customer acknowledges that such transmissions are not encrypted and therefore are insecure. Customer further acknowledges that there are other risks inherent in communicating through the Internet such as the possibility of virus contamination and disruptions in service, and agrees that Custodian shall not be responsible for any loss, damage or expense suffered or incurred by Customer or any person claiming by or through Customer as a result of the use of such methods. 3.With respect to all Securities held in an Account, Custodian shall, unless otherwise instructed to the contrary: (a) Receive all income and other payments and advise Customer as promptly as practicable of any such amounts due but not paid; (b) Present for payment and receive the amount paid upon all Securities which may mature and advise Customer as promptly as practicable of any such amounts due but not paid; (c) Forward to Customer all information or documents that it may receive from an issuer of Securities which, in the opinion of Custodian, are intended for the beneficial owners of U.S. Securities; (d) Execute, as custodian, any certificates of ownership, affidavits, declarations or other certificates under any tax laws now or hereafter in effect in connection with the collection of bond and note coupons; (e) Hold directly, or through a Depository, all rights and similar Securities issued with respect to any Securities credited to an Account hereunder; and (f) Endorse for collection checks, drafts or other negotiable instruments. 4.(a) Custodian shall notify Customer of such rights or discretionary actions or of the date or dates by when such rights must be exercised or such action must be taken provided that Custodian has received, from the issuer or the relevant Depository or a nationally or internationally recognized bond or corporate action service to which Custodian subscribes, timely notice of such rights or discretionary corporate action or of the date or dates such rights must be exercised or such action must be taken. Absent actual receipt of such notice, Custodian shall have no liability for failing to so notify Customer and Custodian shall follow timely directions received in writing through one of the Communication processes so specified by the Custodian. (b) Whenever Securities (including, but not limited to, warrants, options, tenders, options to tender or non-mandatory puts or calls) confer optional rights on Customer or provide for discretionary action or alternative courses of action by Customer, Customer shall be responsible for making any decisions relating thereto and for directing Custodian to act. In order for Custodian to act, it must receive Customer's Written Instructions at Custodian's offices, addressed as Custodian may from time to time request, not later than noon (eastern standard time) at least two (2) Business Days prior to the last scheduled date to act with respect to such Securities (or such earlier date or time as Custodian may notify Customer). Absent Custodian's timely receipt of such Written Instructions, Custodian shall not be liable for failure to take any action relating to or to exercise any rights conferred by such U.S. Securities. 5.Custodian will make available to Customer proxy voting services upon the request of, and for the jurisdictions selected by, Customer in accordance with terms and conditions to be mutually agreed upon by Custodian and Customer. 6.Custodian shall promptly advise Customer upon its notification of the partial redemption, partial payment or other action affecting less than all Securities of the relevant class. If Custodian or Depository holds 265 -4- Revised 07-28-2020 any such Securities in which Customer has an interest as part of a fungible mass, Custodian or such Depository may select the Securities to participate in such partial redemption, partial payment or other action in any non-discriminatory manner that it customarily uses to make such selection. 7.Custodian shall not under any circumstances accept bearer interest coupons which have been stripped from United States federal, state or local government or agency securities unless explicitly agreed to by Custodian in writing. 8.Customer shall be liable for all taxes, assessments, duties and other governmental charges, including any interest or penalty with respect thereto ("Taxes"), with respect to any cash or Securities held on behalf of Customer or any transaction related thereto. Customer shall indemnify Custodian for the amount of any Tax that Custodian or any other withholding agent is required under applicable laws (whether by assessment or otherwise) to pay on behalf of, or in respect of income earned by or payments or distributions made to or for the account of Customer (including any payment of Tax required by reason of an earlier failure to withhold). Custodian shall, or shall instruct the applicable withholding agent to, withhold the amount of any Tax which is required to be withheld under applicable law upon collection of any dividend, interest or other distribution made with respect to any Security and any proceeds or income from the sale, loan or other transfer of any Security. In the event that Custodian is required under applicable law to pay any Tax on behalf of Customer, Custodian is hereby authorized to withdraw cash from any cash account in the amount required to pay such Tax and to use such cash for the timely payment of such Tax in the manner required by applicable law. If the aggregate amount of cash in all cash accounts is not sufficient to pay such Tax, Custodian shall promptly notify Customer of the additional amount of cash (in U.S. Dollars) required, and Customer shall directly deposit such additional amount in the appropriate cash account promptly after receipt of such notice, for use by Custodian as specified herein. In the event that Custodian reasonably believes that Customer is eligible, pursuant to applicable law or to the provisions of any tax treaty, for a reduced rate of, or exemption from, any Tax which is otherwise required to be withheld or paid on behalf of Customer under any applicable law, Custodian shall, or shall instruct the applicable withholding agent to, either withhold or pay such Tax at such reduced rate or refrain from withholding or paying such Tax, as appropriate; provided that Custodian shall have received from Customer all documentary evidence of residence or other qualification for suc h reduced rate or exemption required to be received under such applicable law or treaty. In the event that Custodian reasonably believes that a reduced rate of, or exemption from, any Tax is obtainable only by means of an application for refund, Custodian shall have no responsibility for the accuracy or validity of any forms or documentation provided by Customer to Custodian hereunder. Customer hereby agrees to indemnify and hold harmless Custodian in respect of any liability arising from any underwithholding or underpayment of any Tax which results from the inaccuracy or invalidity of any such forms or other documentation, and such obligation to indemnify shall be a continuing obligation of Customer, its successors and assigns, notwithstanding the termination of this Agreement. 9.For the purpose of settling Securities and foreign exchange transactions, Customer shall provide Custodian with sufficient immediately available funds for all transactions by such time and date as conditions in the relevant market dictate. As used herein, "sufficient immediately available funds" shall mean either (i) sufficient cash denominated in the currency of Customer's home jurisdiction to purchase the necessary foreign currency, or (ii) sufficient applicable foreign currency to settle the transaction. Custodian shall provide Customer with immediately available funds each day which result from the actual settlement of all sale transactions, based upon advices received by Custodian from its Depositories. Such funds shall be in the currency of Customer's home jurisdiction or such other currency as Customer may specify to Custodian. 10.Any foreign exchange transaction effected by Custodian in connection with this Agreement may be entered with Custodian or a BNYM Affiliate acting as principal or otherwise through customary banking channels. Customer may issue standing Written Instructions with respect to foreign exchange transactions but Custodian may establish rules or limitations concerning any foreign exchange facility made available to Customer. Customer shall bear all risks of holding cash denominated in a foreign currency. Without limiting the foregoing, Customer shall bear the risks that rules or procedures imposed by Depositories, exchange controls, asset freezes or other laws, rules, regulations or orders shall prohibit or impose burdens or costs on the 266 -5- Revised 07-28-2020 transfer to, by or for the account of Customer of property held outside Customer's jurisdiction or denominated in a currency other than its home jurisdiction or the conversion of cash from one currency into another currency. Custodian shall not be obligated to substitute another currency for a currency whose transferability, convertibility or availability has been affected by such law, regulation, rule or procedure. Custodian shall not be liable to Customer for any loss resulting from any of the foregoing events. 11.To the extent that Custodian has agreed to provide pricing or other information services in connection with this Agreement, Custodian is authorized to utilize any vendor (including brokers and dealers of Securities) reasonably believed by Custodian to be reliable to provide such information. Customer understands that certain pricing information with respect to complex financial instruments (e.g., derivatives) may be based on calculated amounts rather than actual market transactions and may not reflect actual market values, and that the variance between such calculated amounts and actual market values may or may not be material. Where vendors do not provide information for particular Securities or other property, an Authorized Person may advise Custodian regarding the fair market value of, or provide other information with respect to, such Securities or property as determined by it in good faith. Custodian shall not be liable for any loss, damage or expense incurred as a result of errors or omissions with respect to any pricing or other information utilized by Custodian hereunder. 12.As an accommodation to Customer, Custodian may provide consolidated recordkeeping services pursuant to which Custodian reflects on Account statements Securities not held in Custodian’s vault or for which Custodian or its nominee is not the registered owner ("Non-Custody Securities"). Non-Custody Securities shall be designated on Custodian's books as "shares not held" or by other similar characterization. Customer acknowledges and agrees that it shall have no security entitlement against Custodian with respect to Non-Custody Securities, that Custodian shall rely, without independent verification, on information provided by Customer regarding Non-Custody Securities (including but not limited to positions and market valuations) and that Custodian shall have no responsibility whatsoever with respect to Non-Custody Securities or the accuracy of any information maintained on Custodian's books or set forth on account statements concerning Non- Custody Securities. 13. With respect to Securities issued in the United States, the Shareholders Communications Act of 1985 (the "Act") requires Custodian to disclose to the issuers, upon their request, the name, address and securities position of its customers who are (a) the "beneficial owners" (as defined in the Act) of the issuer’s Securities, if the beneficial owner does not object to such disclosure, or (b) acting as a "respondent bank" (as defined in the Act) with respect to the Securities. (Under the Act, "respondent banks" do not have the option of objecting to such disclosure upon the issuers' request.) The Act defines a "beneficial owner" as any person who has, or shares, the power to vote a security (pursuant to an agreement or otherwise), or who directs the voting of a security. The Act defines a "respondent bank" as any bank, association or other entity that exercises fiduciary powers which holds securities on behalf of beneficial owners and deposits such securities for safekeeping with a bank, such as Custodian. Under the Act, Customer is either the "beneficial owner" or a "respondent bank." [X] Customer is the "beneficial owner," as defined in the Act, of the Securities to be held by Custodian hereunder. [ ] Customer is not the beneficial owner of the Securities to be held by Custodian, but is acting as a “respondent bank,” as defined in the Act, with respect to the Securities to be held by Custodian hereunder. IF NO BOX IS CHECKED, CUSTODIAN SHALL ASSUME THAT CUSTOMER IS THE BENEFICIAL OWNER OF THE SECURITIES. For beneficial owners of the Securities only: [ X ] Customer objects [ ] Customer does not object 267 -6- Revised 07-28-2020 to the disclosure of its name, address and securities position to any issuer which requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer. IF NO BOX IS CHECKED, CUSTODIAN SHALL RELEASE SUCH INFORMATION UNTIL IT RECEIVES A CONTRARY WRITTEN INSTRUCTION FROM CUSTOMER. 14.The Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the “BNY Mellon Group”). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the “Centralized Functions”), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding Customer (which, for purposes of this provision, includes the name and business contact information for the Customer’s employees and representatives) and the accounts established pursuant to this Agreement (“Customer Information”) and (ii) use third party service providers to store, maintain and process Customer’s Information (“Outsourced Functions”). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, Customer consents to the disclosure of, and authorize BNY Mellon to disclose, Customer’s Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of Customer’s Information. In addition, the BNY Mellon Group may aggregate Customer Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies Customer Information with Customer specifically. Customer represents that Customer is authorized to consent to the foregoing and that the disclosure of Customer’s Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. Customer also consents to the disclosure of Customer’s Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law. ARTICLE IV PURCHASE AND SALE OF U.S. SECURITIES; CREDITS TO ACCOUNT 1.Promptly after each purchase or sale of Securities by Customer, an Authorized Person shall deliver to Custodian Written Instructions specifying all information necessary for Custodian to settle such purchase or sale. Custodian shall account for all purchases and sales of Securities on the actual settlement date unless otherwise agreed by Custodian. 2.Customer understands that when Custodian is instructed to deliver Securities against payment, delivery of such Securities and receipt of payment therefore may not be completed simultaneously. Customer assumes full responsibility for all credit risks involved in connection with Custodian's delivery of Securities pursuant to instructions of Customer. 3.Custodian may, as a matter of bookkeeping convenience or by separate agreement with Customer, credit the Account with the proceeds from the sale, redemption or other disposition of Securities or interest, dividends or other distributions payable on Securities prior to its actual receipt of final payment therefor. All such credits shall be conditional until Custodian's actual receipt of final payment and may be reversed by Custodian to the extent that final payment is not received. Payment with respect to a transaction will not be "final" until Custodian shall have received immediately available funds which under applicable law or rule are irreversible and not subject to any security interest, levy or other encumbrance, and which are specifically applicable to such transaction. 268 -7- Revised 07-28-2020 ARTICLE V OVERDRAFTS OR INDEBTEDNESS 1.If Custodian in its sole discretion advances funds to Customer or there shall arise for whatever reason an overdraft in the Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions or funds transfers) or if Customer is for any other reason indebted to Custodian, Customer agrees to repay Custodian on demand the amount of the advance, overdraft or indebtedness plus accrued interest at a rate ordinarily charged by Custodian to its institutional custody customers. 2.In order to secure repayment of Customer's obligations to Custodian hereunder, Customer hereby pledges and grants to Custodian a continuing lien and security interest in, and right of set-off against, all of Customer’s right, title and interest in and to the Accounts and the Securities, money and other property now or hereafter held in the Accounts (including proceeds thereof), and any other property at any time held by it for the account of Customer. In this regard, Custodian shall be entitled to all the rights and remedies of a pledgee and secured creditor under applicable laws, rules or regulations as then in effect. ART ICLE VI CONCERNING CUSTODIAN 1. (a) Except as otherwise expressly provided herein, Custodian shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees (collectively, "Losses"), incurred by or asserted against Customer, except those Losses arising out of the negligence or willful misconduct of Custodian. Custodian shall have no liability whatsoever for the action or inaction of any Depository or issuer of Securities. In no event shall Custodian be liable to Customer or any third party for special, indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement. (b) Custodian may enter into subcontracts, agreements and understandings with any BNYM Affiliate, whenever and on such terms and conditions as it deems necessary or appropriate to perform its services hereunder. No such subcontract, agreement or understanding shall discharge Custodian from its obligations hereunder. (c) Customer agrees to indemnify, save and hold Custodian harmless from and against any and all Losses sustained or incurred by or asserted against Custodian by reason of or as a result of any action or inaction, or arising out of Custodian's performance hereunder, including reasonable fees and expenses of counsel incurred by Custodian in a successful defense of claims by Customer; provided, that Customer shall not indemnify Custodian for those Losses arising out of Custodian's negligence or willful misconduct. This indemnity shall be a continuing obligation of Customer, its successors and assigns, notwithstanding the termination of this Agreement. 2.Without limiting the generality of the foregoing, Custodian shall be under no obligation to inquire into, and shall not be liable for, any losses incurred by Customer or any other person as a result of the receipt or acceptance of fraudulent, forged or invalid U.S. Securities, or Securities which are otherwise not freely transferable or deliverable without encumbrance. 3.Custodian may, with respect to questions of law specifically regarding the Account, obtain the advice of counsel and shall be fully protected with respect to anything done or omitted by it in good faith in conformity with such advice. 4.Custodian shall be under no obligation to take action to collect any amount payable on Securities in default, or if payment is refused after due demand and presentment. 269 -8- Revised 07-28-2020 5.Custodian shall have no duty or responsibility to inquire into, make recommendations, supervise, or determine the suitability of any transactions affecting any Account. 6.Customer shall pay to Custodian the fees and charges quarterly as may be specifically agreed upon from time to time and such other fees and charges at Custodian's standard rates for such services as may be applicable. Customer shall reimburse Custodian for all costs associated with the conversion of Customer's Securities hereunder and the transfer of Securities and records kept in connection with this Agreement in accordance with “Exhibit A” (the Schedule of Compensation”). Customer shall also reimburse Custodian for out of pocket expenses which are a normal incident of the services provided hereunder. Custodian may debit any Account for amounts payable hereunder which remain in arrears for over 60 days. 7.In addition to the rights of Custodian under applicable law and other agreements, at any time when Customer shall not have honored any and all of its obligations to Custodian, whether or not relating to or arising under this Agreement, Custodian shall have the right without notice to Customer to retain or set-off, against such obligations of Customer, any Securities or cash Custodian or a BNYM Affiliate may directly or indirectly hold for the account of Customer, and any obligations (whether matured or unmatured) that Custodian or a BNYM Affiliate may have to Customer. Any such asset of, or obligation to, Customer may be transferred to Custodian and any BNYM Affiliate in order to effect the above rights. 8.(a) Subject to the terms below, Custodian shall be entitled to rely upon any Written Instructions actually received by Custodian and reasonably believed by Custodian to be duly authorized and delivered. (b) [If Custodian receives Written Instructions which appear on their face to have been transmitted by an Authorized Person via (Electronic Means, Customer understands and agrees that Custodian cannot determine the identity of the actual sender of such Written Instructions and that Custodian shall conclusively presume that such Written Instructions have been sent by an Authorized Person. Customer shall be responsible for ensuring that only Authorized Persons transmit such Written Instructions to Custodian and that all Authorized Persons treat applicable user and authorization codes, passwords and/or authentication keys with extreme care.] The Custodian shall have the right to accept and act upon instructions, including funds transfer instructions ("Instructions") given pursuant to this Agreement and delivered using Electronic Means; provided, however, that the Customer shall provide to the Custodian a Certificate of Authorized Persons, which Certificate of Authorized Persons shall be amended by the Customer whenever a person is to be added or deleted from the listing. If the Customer elects to give the Custodian Instructions using Electronic Means and the Custodian in its discretion elects to act upon such Instructions, the Custodian’s understanding of such Instructions shall be deemed controlling. The Customer understands and agrees that the Custodian cannot determine the identity of the actual sender of such Instructions and that the Custodian shall conclusively presume that Instructions that purport to have been sent by an Authorized Person listed on the Certificate of Authorized Persons provided to the Custodian have been sent by such Authorized Person. The Customer shall be responsible for ensuring that only Authorized Persons transmit such Instructions to the Custodian and that the Customer and all Authorized Persons are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Customer. The Custodian shall not be liable for any losses, costs or expenses arising directly or indirectly from the Custodian’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Customer agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Custodian, including without limitation the risk of the Custodian acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Custodian and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Customer; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Custodian immediately upon learning of any compromise or unauthorized use of the security procedures. 270 -9- Revised 07-28-2020 (c) If Customer elects to transmit Written Instructions through an on-line communication system offered by Custodian, Customer's use thereof shall be subject to any terms and conditions contained in a separate written agreement. If Customer elects (with Custodian’s prior consent) to transmit Written Instructions through an on-line communications service owned or operated by a third party, Customer agrees that Custodian shall not be responsible or liable for the reliability or availability of any such service. 9.Upon reasonable request and provided Custodian shall suffer no significant disruption of its normal activities, Customer shall have access to Custodian's books and records relating to the Account during Custodian's normal business hours. Upon reasonable request, copies of any such books and records shall be provided to Customer at Customer's expense. 10.It is understood that Custodian is authorized to supply any information regarding the Account which is required by any law, regulation or rule now or hereafter in effect. 11.Custodian shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage; epidemics; riots; interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications service; accidents; labor disputes; acts of civil or military authority or governmental actions; it being understood that Custodian shall use commercially reasonable efforts to resume performance as soon as practicable under the circumstances. 12.Custodian shall have no duties or responsibilities whatsoever except such duties and responsibilities as are specifically set forth in this Agreement, and no covenant or obligation shall be implied against Custodian in connection with this Agreement. ARTICLE VII TERMINATION Either party may terminate this Agreement by giving to the other party a notice in writing specifying the date of such termination, which shall be not less than ninety (90) days after the date of such notice. Upon termination hereof, Customer shall pay to Custodian such compensation as may be due to Custodian, and shall likewise reimburse Custodian for other amounts payable or reimbursable to Custodian hereunder. Custodian shall follow such reasonable Written Instructions concerning the transfer of custody of records, Securities and other items as Customer shall give; provided, that (a) Custodian shall have no liability for shipping and insurance costs associated therewith, and (b) full payment shall have been made to Custodian of its compensation, costs, expenses and other amounts to which it is entitled hereunder. If any Securities or cash remain in the Account, Custodian may deliver to Customer such Securities and cash. Upon termination of this Agreement, except as otherwise provided herein, all obligations of the parties to each other hereunder shall cease. ARTICLE VIII MISCELLANEOUS 1.Customer agrees to furnish to Custodian a new Certificate of Authorized Persons in the event of any change in the then present Authorized Persons. Until such new Certificate is received, Custodian shall be fully protected in acting upon Written Instructions of such present Authorized Persons. 2.Any notice or other instrument in writing, authorized or required by this Agreement to be given to Custodian, shall be sufficiently given if addressed to Custodian and received by it at its offices at _10161 Centurion Parkway N, Jacksonville FL, 32226_ or at such other place as Custodian may from time to time designate in writing. 271 -10- Revised 07-28-2020 3.Any notice or other instrument in writing, authorized or required by this Agreement to be given to Customer shall be sufficiently given if addressed to Customer and received by it at its offices at _78495 Calle Tampico, La Quinta, CA 92253 or at such other place as Customer may from time to time designate in writing. 4.Each and every right granted to either party hereunder or under any other document delivered hereunder or in connection herewith, or allowed it by law or equity, shall be cumulative and may be exercised from time to time. No failure on the part of either party to exercise, and no delay in exercising, any right will operate as a waiver thereof, nor will any single or partial exercise by either party of any right preclude any other or future exercise thereof or the exercise of any other right. 5.In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected thereby. This Agreement may not be amended or modified in any manner except by a written agreement executed by both parties. This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided however, that this Agreement shall not be assignable by either party without the written consent of the other. 6.(a) This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California, without regard to conflict of law principles. 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 Custodian covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. (b) The parties hereto agree that the establishment and maintenance of the Account, and all interests, duties and obligations with respect thereto, shall be governed by the laws of the State of California. (c) For Governmental Entities: To the extent that in any jurisdiction Customer may now or hereafter be entitled to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, Customer irrevocably agrees not to claim, and it hereby waives, such immunity, to the extent permitted by applicable law. 7.The parties hereto agree that in performing hereunder, Custodian is acting solely on behalf of Customer and no contractual or service relationship shall be deemed to be established hereby between Custodian and any other person. 8.Customer hereby acknowledges that Custodian is subject to federal laws, including the Customer Identification Program (CIP) requirements under the USA PATRIOT Act and its implementing regulations, pursuant to which Custodian must obtain, verify and record information that allows Custodian to identify Customer. Accordingly, prior to opening an Account hereunder Custodian will ask Customer to provide certain information including, but not limited to, Customer's name, physical address, tax identification number and other information that will help Custodian to identify and verify Customer’s identity such as organizational documents, certificate of good standing, license to do business, or other pertinent identifying information. Customer agrees that Custodian cannot open an Account hereunder unless and until the Custodian verifies the Customer's identity in accordance with its CIP. If Customer is a hedge fund or other type of collective investment vehicle (i) Customer has established and presently maintains an anti-money laundering program (the "Program") reasonably designed to prevent Customer from being used as a conduit for money laundering or other illicit purposes or the financing of terrorist activities, (ii) it is in compliance with the Program and all anti-money laundering laws, regulations and rules now or hereafter in effect that are applicable to it, (iii) it has verified the identity of each of its investors and documented the origin of the assets funding each investor’s account with Customer, (iv) it can represent and warrant that, to the best of its knowledge, no investor has invested in Customer for money laundering or other illicit purposes; and (v) it shall promptly notify Custodian in writing if any of the foregoing representations and warranties are no longer true. 272 -11- Revised 07-28-2020 9.In the event The Bank of New York Mellon Trust Company, N.A. becomes subject to a proceeding under a U.S. special resolution regime, the transfer of this Agreement (and any interest and obligation in or under, and any property securing, this Agreement) from The Bank of New York Mellon Trust Company, N.A.] will be effective to the same extent as the transfer would be effective under the U.S. special resolution regime if this Agreement (and any interest and obligation in or under, and any property securing, this Agreement) were governed by the laws of the United States or a state of the United States. In the event The Bank of New York Mellon Trust Company, N.A. or any of its affiliates becomes subject to a proceeding under a U.S. special resolution regime, default rights with respect to this Agreement that may be exercised against The Bank of New York Mellon Trust Company, N.A. are permitted to be exercised to no greater extent than the default rights could be exercised under the U.S. special resolution regime if this Agreement were governed by the laws of the United States or a state of the United States. 10.This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but such counterparts shall, together, constitute only one instrument. 11. Prior to the beginning of any services under this Agreement and throughout the duration of the term of this Agreement, Custodian shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit B” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 273 -12- Revised 07-28-2020 IN WITNESS WHEREOF, Customer and Custodian have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the day and year first above written. ___JON MCMILLEN_______________________ Customer Name ________________________________________ Authorized Signature __City Manager____________ __________ Title Date ATTEST: ________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: _________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California The Bank of New York Mellon Trust Company, N.A. ________________________________________ Authorized Signature __________________________ __________ Title Date 274 -13- Revised 07-28-2020 CERTIFICATE OF AUTHORIZED PERSONS (Customer - Written Instructions) The undersigned hereby certifies that he/she is the duly elected and acting agent of City of La Quinta, CA (the "Customer"), and further certifies that the following officers or employees of the Customer have been duly authorized in conformity with the Customer's [Articles of Incorporation and By-Laws/Creation/Authorization Information] to deliver Written Instructions to The Bank of New York Mellon Trust Company, N.A. ("BNYM") pursuant to the Custody Agreement between the Customer and BNYM dated August 4, 2020, and that the signatures appearing opposite their names are true and correct: _Jon McMillen___ _City Manager____ __________________ _760-777-7100__ Name Title Signature Phone Number _Karla Romero__ _Finance Director_ __________________ _760-777-7073__ Name Title Signature Phone Number _Rosemary Hallick_ _Financial Services Analyst_ __________________ _760-777-7058__ Name Title Signature Phone Number ______________ ________________ __________________ _______________ Name Title Signature Phone Number ______________ ________________ __________________ _______________ Name Title Signature Phone Number ______________ ________________ __________________ _______________ Name Title Signature Phone Number ______________ ________________ __________________ _______________ Name Title Signature Phone Number ______________ ________________ __________________ _______________ Name Title Signature Phone Number ______________ ________________ __________________ _______________ Name Title Signature Phone Number This certificate supersedes any certificate of authorized individuals you may currently have on file. [corporate ___________________________________________ seal] Name: Jon McMillen Title: City Manger Date: August 4, 2020 275 -14- Revised 07-28-2020 Exhibit A Schedule of Compensation With the exception of out of pocket expenses provided for in Article VI Section 6 of this Agreement, fees and charges shall be paid to Custodian in installment payments made on a quarterly basis and in an amount identified in Custodian’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Custodian in conformance with Article III of this Agreement. 276 -15- Revised 07-28-2020 Exhibit B Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Custodian shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Custodian’s acts or omissions rising out of or related to Custodian’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 Custodian’s performance hereunder and neither Customer nor its insurers shall be required to contribute to any such loss. Custodian 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 Custodian, its officers, any person directly or indirectly employed by Custodian, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Custodian’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 Custodian’s performance hereunder and neither Customer nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Custodian 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. 277 -16- Revised 07-28-2020 Custodian 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. Custodian shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. If coverage is maintained on a claims-made basis, Custodian shall maintain such coverage for an additional period of three (3) years following termination of the contract. Custodian shall provide written notice to Customer within twenty (20) working days if: (1) any of the required insurance policies are terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Custodian shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance certificates evidencing the same shall not be construed as a limitation of Custodian’s obligation to indemnify Customer, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies Customer may have if Custodian fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer 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 Custodian to stop work under this Agreement and/or withhold any payment(s) which become due to Custodian hereunder until Custodian 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 Customer may have. The above remedies are not the exclusive remedies for Custodian’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 Custodian may be held responsible for payments of damages to persons or property resulting from Custodian’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Custodian. Custodian and Customer agree to the following with respect to insurance provided by Custodian: 278 -17- Revised 07-28-2020 1. No liability insurance coverage provided to comply with this Agreement shall prohibit Custodian, or Custodian’s employees, or agents, from waiving the right of subrogation prior to a loss. Custodian agrees to waive subrogation rights against Customer regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 2. All insurance coverage and limits provided by Custodian 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 Customer or its operations limits the application of such insurance coverage. 3. 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 Customer and approved of in writing. 4. 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. 5. All coverage types and limits required are subject to approval, modification and additional requirements by the Customer, as the need arises. Custodian shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect Customer’s protection without Customer’s prior written consent. 6. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required. 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, Customer 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 Customer shall be charged to and promptly paid by Custodian or deducted from sums due Custodian, at Customer option. 7. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Custodian 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 Customer. 8. Custodian agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Custodian, provide the same minimum insurance coverage required of Custodian. Custodian 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. Custodian agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to Customer for review. 9. 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. 10. Custodian acknowledges and agrees that any actual or alleged failure on the part of Customer to inform Custodian of non-compliance with any insurance requirement in no way imposes any additional obligations on Customer nor does it waive any rights hereunder in this or any other regard. 11. Custodian will renew the required coverage annually as long as Customer , or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until Customer executes a written statement to that effect. 279 -18- Revised 07-28-2020 12.Custodian 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. 13.The provisions of any workers’ compensation or similar act will not limit the obligations of Custodian under this agreement. Custodian expressly agrees not to use any statutory immunity defenses under such laws with respect to Customer, its employees, officials, and agents. 14.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. 15.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. 16.The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 17.Custodian 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 Customer or Custodian for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to Customer. It is not the intent of Customer to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against Customer for payment of premiums or other amounts with respect thereto. 18.The Customer shall receive from Custodian an annual listing of all BNY Mellon Insurance Coverages. 280 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: DISCUSS PROPOSED UPDATES TO GOLF CART PROGRAM AND MAP RECOMMENDATION Discuss proposed updates to the Golf Cart Program and Map. EXECUTIVE SUMMARY •The City’s Golf Cart Program (Program) was initiated in July of 2007 and Ordinance No. 474 outlines the Program regulations. •As part of recent Capital Improvement Program (CIP) projects, staff has added golf cart routes as part of the striping improvements, when feasible. •Staff seeks direction on several modifications to the Program and Golf Cart Map (Map) proposed by the Traffic Engineer. FISCAL IMPACT None at this time, however, additional golf cart routes and paths could be included as part of Capital Improvement Program (CIP) projects in the future, and associated costs would be identified during the scoping and budgeting process for the CIP. BACKGROUND/ANALYSIS The City’s Program was initiated in July of 2007. The Program requirements, are based on the regulations contained in the California Motor Vehicle Code. The State Code specifically requires a golf cart be designed to carry golf equipment and no more than two people, including the driver. The La Quinta program is consistent with these regulations. The basis for La Quinta’s Program was first established with the adoption of the 2002 General Plan and the 2035 General Plan continues this program. Attachment 2 shows the routes currently identified in the General Plan that are planned as Class 1, Class 2 and Class 3 routes. STUDY SESSION ITEM NO. 1 281 Proposed modifications to the current Program include: •All streets citywide that are 25 mph or less will be allowed to use golf carts without the need to post individual streets or segments; •No sidewalks will be allowed for golf cart use unless they are approved by the City Council and signed as such; •Streets with speeds greater than 25 mph would be required to have 8 feet or wider bike/golf cart lanes (including any buffer zones, if any), and will be posted as a “golf cart lane”, allowing golf carts on those streets, unless approved otherwise by the City Engineer. A proposed revised Map with new golf cart routes included in various recent CIP projects is identified in Attachment 3. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Ordinance 474 2. Current Golf Cart Map 3. Proposed Updated Golf Cart Map 282 ATTACHMENT 1 283 284 285 286 287 288 ATTACHMENT 2 289 290 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS, AeroGRID, IGN, and the GIS User Community, Esri, HERE, Garmin, (c)OpenStreetMap contributors, and the GIS user community Avenue 50 Avenue 52 Eisenhower DriveCalle Tampico Avenida BermudasPark AvenueWashington StreetGolf Cart Routes Class I Class II Class III Not Permitted SilverRock Resort Sports Complex ATTACHMENT 3 291 Avenue 50 Avenue 52 Eisenhower DriveCalle Tampico Avenida BermudasPark AvenueWashington StreetGolf Cart Routes Class I Class II Class III Not Permitted SilverRock Resort Sports Complex 292 City of La Quinta CITY COUNCIL MEETING: August 4, 2020 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE PLACEMENT OF PUBLIC NUISANCE ABATEMENT ASSESSMENTS ON THE 2020/21 PROPERTY TAX ROLL RECOMMENDATION Adopt a resolution approving placement of public nuisance abatement assessments on the 2020/21 Property Tax Roll. EXECUTIVE SUMMARY •City Code Compliance pursues public nuisance cases to maintain public safety and quality of life. •Code Compliance must abate properties that are considered a public nuisance after the property owner fails to voluntarily clean their property. •The City may recover cost associated with the abatement. If the property owner fails to reimburse the City, a tax assessment may be placed on the property. •Council must hold a public hearing and solicit public comment in support or opposition prior to assessing properties. FISCAL IMPACT The City may recover $12,480.00 in abatement expenses; funds received will be deposited into the General Fund. BACKGROUND/ANALYSIS The Code Compliance Division is responsible for monitoring the condition of properties within the City. At times, there are properties that are not well maintained and become a public nuisance. If a property is declared a public nuisance due to overgrown vegetation, trash or other unsafe conditions, a notice is posted at the location and mailed to the owner. The notice allows the property owner to act and bring the property up to city standards. If the owner fails to respond and the conditions at the property don’t improve, the City may secure a contractor to abate the property. Once the abatement work is completed, the City can request reimbursement for the cost of the abatement. PUBLIC HEARING ITEM NO. 1 293 If the owner does not reimburse the City within 30 days, the property is subject to a special tax assessment. Listed below are seven properties that were abated by the City and the costs have not been recovered. Therefore, staff requests Council approval to place assessments on these properties to recover the cost of abatement, plus a 25% administration fee. Riverside County will collect the assessment and reimburse the City. AGENCY AND PUBLIC REVIEW Public Notice A public hearing notice was advertised in The Desert Sun newspaper on July 23, 2020 (Attachment 1). ALTERNATIVES Council may elect not to assess these properties or reduce the assessment amount. Prepared by: Martha Mendez, Public Safety Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1.Public Notice -Desert Sun published July 23, 2020. 294 RESOLUTION NO. 2020 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PLACING A SPECIAL ASSESSMENT AND PROVIDING FOR COLLECTION ON TAX ROLLS OF CERTAIN PROPERTIES FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE WHEREAS, Chapter 11.72 of the La Quinta Municipal Code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls via a special assessment; and WHEREAS, in accordance with said abatement procedures, the Community Resources Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Community Resources Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council; and WHEREAS, on the 4th day of August, 2020, the City Council of the City of La Quinta, California, did hold a duly noticed public hearing on said report and a special assessment of said costs against said properties, and upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, if any, the City Council did approved said report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby finds, determines, and declares that the City has abated a public nuisance on each of the following described premises, and on August 4th, 2020, held a public hearing on special assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to special assessment of said costs by any interested party. SECTION 2. The City Council hereby finds, determines, and orders that the report of the Community Resources Director relative to special assessment of costs is hereby approved and the City Council hereby orders that the 295 Resolution No. 2020 – xxx Fund Number 101-6004-60120/Nuisance Abatement Adopted: August 4, 2020 Page 2 of 3 following costs are hereby placed as a special assessment against the following properties and the amount of said special assessments shall be collected at the time and in the manner of ordinary property taxes. SECTION 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each special assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of August, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California (CITY SEAL) 296 Resolution No. 2020 – xxx Fund Number 101-6004-60120/Nuisance Abatement Adopted: August 4, 2020 Page 3 of 3 APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 297 298 ATTACHMENT 1 299 300 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Doug Kinley III, Management Specialist DATE: August 4, 2020 SUBJECT: COVID-19 EMERGENCY ECONOMIC RELIEF PROGRAM FOR SMALL BUSINESSES UPDATE – CARES ACT FUND EXPENDITURES On July 21, 2020, the COVID-19 Emergency Economic Relief Program for Small Businesses (Program) expanded to use CARES Act Funds to provide a one-time reimbursement for July 2020 lease/mortgage and June 2020 utilities for businesses impacted by the State’s July 13, 2020 Mandate to cease indoor activities. The program began accepting applications online, Friday, July 24, 2020 at 8:00 a.m. As of July 30, 2020, staff is providing the following update: •19 Businesses - new applications in progress •20 Businesses - completed applications ready for processing: o 15 (75%) - Beauty-Related Businesses o 5 (25%) - Fitness Centers o $110,000 is anticipated to be awarded •Approximately $300,000 could be expended if all applications are submitted and approved. o $202,034 would remain of the $502,034 CARES Act Funds allocated Staff will continue to monitor the program and provide an update at the September 15, 2020 Council meeting. CARES Act funds not fully expended through this Business Relief Program can be applied toward other eligible expenses staff is currently monitoring. DEPARTMENTAL REPORT ITEM NO. 1 301 302 COMMUNITY RESOURCES QUARTERLY REPORT April 1, 2020 – June 30, 2020 Public Safety DEPARTMENTAL REPORT ITEM NO. 4 In response to local declaration and other State and County orders,the department shifted roles to provide COVID-19 related Public Safety and Social Service needs. 162 305 165275 1391 520 Cases Inspections Complaints Jan-March April - June Code is experiencing a significant increase in calls for service due STVR executive orders,there are some delays in returning calls, but Code staff is working diligently to investigate every request received.Code Officers are patrolling closed businesses for signs of vandalism,break-ins etc.and will notify Police and the business owner of any issues. Short Term Vacation Rentals (STVR) •New cases opened this quarter: 310 last quarter: 67 •STVR Citations: 31 •Suspensions this quarter: 9 last quarter: 0 •Suspensions YTD: 11 •One-Year Suspensions: 4 STVR complaints received during the months of April to June increased by 267%compared to the previous quarter. Complaints ranged from STVRs operating when prohibited,noise and over occupancy.Noise continues to be the top concern. 22 65 100 174 102 223 January February March April May June Hotline Calls 303 452 273 445 1068 1017 675 January February March April May June Site Inspections* Code Compliance Top Code Violations: •STVR Violations -110 •Trash Containers -29 •Landscaping -31 *Site inspections to observe reported code issues. False Alarms •$83,438 fees collected to date. •13% decline compared to same quarter last year •Continued outreach with excessive business violators of 5 or more false alarms •Businesses with excessive false alarms this quarter: 22; prior quarter: 14 195 194 194 87 201 217 Apr May Jun False Alarms 2019 2020 Site inspections increased by 236% compared to the previous quarter,which was pre-COVID-19. These inspections are required to confirm violations and include all types of inspections,including COVID-19 and regular code complaints (e.g.trash containers, landscaping,property maintenance issues, etc.). Due to the COVID-19 emergency, non-essential businesses were mandated to close on March 19,2020.With the closure of businesses,false alarms did drop in April.However,as the economy started to reopen on May 8,2020,there was a considerable increase in false alarms both in businesses and homes. 304 5 12 6 15 5 1 1 Outcomes Adoption Transferred to Adoption Partner Returned to Owner Euthanized Untreatable In Foster Home RCDAS Community Cat Program Dead 4731 6 2 Impounds Stray Stray-Dead Confiscated Missing, Returned to Owner Animal Control Update 78 24158 152 Licensing Statistics New Renewed Closed Not Renewed Riverside County Animal Services Due to COVID-19, shelters are open to pet adoption by appointment only.In the event of a pet emergency or animal control question or if you are interested in adopting, fostering or rescuing,please call 951-358-7387. Potential adopters,fosters or rescues can also send an email to shelterinfo@rivco.org or visit their website at:https://www.rcdas.org/ 305 Social Services FIND Food Distribution & Wellness Center •Distributed food to 2,500+ persons at Coral Mountain,Hadley Villas, Washington Street Apartments and Wolff Waters . •FIND provided mobile pantries for food distribution five times per month at La Quinta High School and La Quinta Community Fitness Center &Park. •Wellness Center establish a Friendly Caller program and assisted with 250+calls regarding available tax services, grocery store hours, COVID-19 questions,and monitored tennis/pickleball play at Fritz Burns Park. Library/Museum/Creation Station Makerspace •Library offered digital services,virtual storytime,and provided express services to 200+ persons.The contactless curbside pickup service had 258 items requested for June. •Museum had virtual exhibit offerings and the facility was used for childcare services offered by the Family Desert YMCA. •Creation Station Makerspace became a PPE producer for needed masks and headbands.They produced over 1,260 pieces and worked with local hospitals and police agencies. •SCRAP Gallery provided digital instruction for at home art projects. 306 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Chris Escobedo, Community Resources Director Danny Castro, Design & Development Director DATE: August 4, 2020 SUBJECT: DISCUSS SHORT-TERM VACATION RENTAL PROGRAM SUBCOMMITTEE ENFORCEMENT RECOMMENDATIONS AND UPDATE On November 19, 2019, Council approved the formation of a Short-Term Vacation Rental Program (STVRP) Ad-Hoc Committee (Committee) to evaluate and make recommendations regarding the STVRP. The recruitment period was open from November 19, 2019 through January 15, 2020. On February 3, 2020, the Council appointed 15 individuals out of 60 who applied to serve on this Committee. The Committee has held three meetings to review the STVRP, receive data, and discuss a variety of ways to refine the it. During the COVID-19 pandemic, vacation rental stays have increased when compared to this time last year resulting in rising complaints of noise, debris, and over-occupancy of short-term rentals. As a result of extensive community feedback, the Committee approved the creation of a five-member Enforcement Subcommittee (Subcommittee) to work with staff to formulate STVRP compliance enforcement recommendations for the Committee to discuss at their August 6, 2020 regular meeting. The Subcommittee will present these recommendations to Council on August 4, 2020 for input prior to discussing with the Committee. The following are the next series of milestones for the Committee’s work: •August 4, 2020 – Subcommittee presentation of enforcement recommendations to Council; •August 6, 2020 – Subcommittee presentation of enforcement recommendations to the Committee; •September 15, 2020 – report back on the Committee’s STVRP recommendations for Council to consider; •October 6 and/or 13, 2020 – present additional STVRP recommendations and Municipal Code regulations revisions for Council to consider. DEPARTMENTAL REPORT ITEM NO. 5 307 308 LA QUINTA SHERIFF’S STATION QUARTERLY REPORT April 1, 2020 – June 30, 2020 Statistics Priority 1 –Involve circumstances that pose a clearly defined threat to human life or property; Priority 2 –Involve circumstances of an urgent but not life-threatening nature (e.g. minor assaults and batteries); Priority 3 –Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace); Priority 4 –Incidents occurring in the past or “cold” calls. 6.04 12.2 18.8 25.84 7.73 11.58 18.51 19.38 5.83 13.25 18.59 22.23 Priority 1: Average Response Priority 2: Average Response Priority 3: Average Response Priority 4: Average Response Average Response Time April May June 15 368 397 253 22 420 370 237 18 444 478 312 Priority 1: Calls for Service Priority 2: Calls for Service Priority 3: Calls for Service Priority 4: Calls for Service Number of Calls for Service April May June DEPARTMENTAL REPORT ITEM NO. 8 309 0 0 2 66 1 13 4 13 0 0 4 44 2 8 8 12 1 0 0 50 1 6 10 Rape Homicide Aggravated Assault Larceny Robbery Burglary Vehicle Theft Simple Assault Crime Statistics April May June Special Enforcement Team & Business District •Actions: 322 •Property Recovered: $67,134.00 •Narcotics Seized:139g /0 pills Traffic Team •Actions: 3,126 Community Service Officers & Crime Prevention Specialists •Actions: 1,421 •Community Meetings & Trainings: 0 due to COVI-19 restrictions. 38 743 955 141 1096 Citations Seat Belt Citations Excessive Speed Citations Other Hazard Citations Other Non- Hazard Citations Citations Other 7 5 33 89 29 Collisions DUI Collisions DUI Injury Collision DUI Arrest Traffic Collisions Traffic Injury Collision School Resource Officers •Actions: 0 (COVID-19 restrictions) Narcotics Task Force •Actions in La Quinta: 37 •Narcotics Seized: 3,391.5 g (11.963 oz) / 8 pills / 3 pounds (Meth) Gang Task Force •Actions in La Quinta: 290 •Narcotics Seized: 12g Citizens on Patrol & Office Volunteers •Actions & hours donated: 0 due to COVID-19 restrictions. Actions by Teams: 310 FIRE DEPARTMENT QUARTERLY REPORT April 1, 2020 – June 30, 2020 Incident Response Activity Incident Type # Medical 837 Public Service Assistance 67 False Alarm 63 Traffic Collision 38 Other Fire 12 Standby 9 Ringing Alarm 9 Residential Fire 4 Rescue 2 Vehicle Fire 2 Wildland Fire 1 Commercial Fire 1 Haz Mat 1 Other Miscellaneous 1 Incident Total In La Quinta 1047 Average Enroute to On-Scene Time Enroute Time: When a unit has been acknowledged as responding. On-scene Time: When a unit has been acknowledged as being on-scene. <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average Min.% 0 to 5 Min. 934 660 99 6 5.17 58.59 Truck Report Truck 86 recorded 23 responses and Truck 33 recorded 1 response in La Quinta during this quarter. DEPARTMENTAL REPORT ITEM NO. 9 Mutual Aid LQ Resources Responding in LQ 969 LQ Resources Aiding Other Jurisdictions 612 Resources Aiding LQ 327 311 Significant Incidents 1.On April 15,2020,Firefighters were dispatched to a reported hiker down in the area of Trilogy Country Club.The first arriving engine was able to make cell phone contact with the parties but were having a difficult time locating the patients. A request for CHP Helicopter H60 was made and they were able to locate the patient.AMR Transported one male patient with a minor to moderate head injury to a local area hospital. 2.On April 15,2020,Firefighters responded to a residential structure fire.Engine 93 arrived on scene to find a single-story single-family dwelling with light smoke coming from the front of the residence.Firefighters were able to quickly extinguish a large fire in the kitchen.Due to the amount of smoke damage,Red Cross was requested to provide shelter for the 4 displaced residents.There were no injuries to firefighters or civilians. Damage was estimated at roughly $50,000 with a saved amount of $600,000. 3.On May 29,2020,Firefighters were dispatched to a residential structure fire with a potential burn victim.First arriving Engine Company reported a large single-story single- family dwelling.Upon further investigation firefighters found a fire in the attic as well as one victim that sustained burns.AMR arrived on scene and was assigned patient care of the burn victim while firefighters worked on extinguishing the fire in the attic space. Value of the home was estimated at $1,800,000.00 with a rough estimate of damage at $50,000.00. 4.On May 31,2020,CAL FIRE/Riverside County Fire units responded to a commercial strip mall,where at 1:30 AM, security notified owners of activities in front of their store front. A subsequent video revealed an unidentified male subject breaking the windows of the business with a baseball bat then throwing a lit Molotov Cocktail through the window, igniting a small two foot by four-foot section of the carpeted floor on fire.The fire was out upon arrival and CAL FIRE Arson Investigators were summoned to assist RSO with the investigation.No injuries were reported. 5.On June 20,2020,Firefighters responded to a reported hiker down in the La Quinta Cove on the Cove to Lake Trail .Firefighters made contact and found an elderly female patient in critical condition that was unconscious and unresponsive.ALS Intervention was immediately rendered.Firefighters utilized Riverside County Sheriff’s Star 9 Helicopter to hoist the patient.The female patient was transported by AMR to a nearby hospital with assistance of Engine 55's staff. Fire Inspection Report Updates: Due to the COVID-19 pandemic,Office of the Fire Marshal (OFM)staff continue to maintain modified level of services.Remote video inspection operations, along with telecommuting operations, which include one or more days each week to handle field inspections. Activities: A strong effort was put forward to attempt to complete initial inspections of all outstanding State Fire Marshal Mandated facilities within the City.This primarily included hotels, apartment complexes and residential care facilities.These actions were impacted over the past year due to increased work loads and minimal staffing,and more recently by the impacts of COVID-19 and restrictions for standard-style fire inspections.312 Fire Inspection Report Quarterly Statistics –Office of the Fire Marshal: •Development Plan Reviews –118 •Planning Case Reviews – 8 •Construction Inspections –189 •Facility Inspections -10 Plan Reviews: SilverRock project continues with the plan review process.All phases have now been submitted and have undergone initial and secondary reviews.Increased communication with the Project Management team and the various designers has been coordinated in an attempt to have all issues and concerns addressed in an orderly and timely manner.The SilverRock project has submitted 7 separate Alternative Materials &Methods Requests for the various development areas.These requests can be proposed and must be evaluated for reasonable compliance with life and fire safety provisions.These requests often include increased mitigating measures and must be approved by the Fire Chief.La Quinta Office of the Fire Marshal staff has preliminarily reviewed these submittals and forwarded through department management with initial comments.Approval by the Fire Chief on 1 or more proposal is still pending. Construction Inspections: •Residence Inn by Marriott –Rough piping and wiring for Fire Sprinkler and Fire Alarm Systems •Tradition Golf Clubhouse renovations •Cart Mart •Trilogy Clubhouse renovations •New Starbucks –Hwy 111 •La Quinta Resort –Bungalow (Retail) •Residential Tract and Estate fire sprinkler system inspections –Griffin Ranch, Hideaway, Traditions, Madison Club, Andalusia and the Cove area. 313 314 POWER POINTS CITY COUNCIL MEETING AUGUST 4, 2020 CITY COUNCIL MEETING AUGUST 4, 2020 1 City Council Meeting August 4, 2020 City Council Meeting August 4, 2020 Closed Session In Progress 1 2 CITY COUNCIL MEETING AUGUST 4, 2020 2 City Council Meeting August 4, 2020 B1 – Undergrounding Waiver Request Background •Desert Club Apartments SDP and CUP approved in 2019 •New construction requires underground wiring 3 4 CITY COUNCIL MEETING AUGUST 4, 2020 3 Background Waiver Request •After entitlement, IID communicated that undergrounding overhead power lines would require installation of 6 new poles •Applicant requesting Council grant waiver to underground 5 6 CITY COUNCIL MEETING AUGUST 4, 2020 4 Waiver Request •Council reviewed on July 21 and asked if underground conduit can be installed at site for future undergrounding of all overheard utilities; •IID and owner agreed that underground conduit installation at site can be done; added as a condition Waiver Request 7 8 CITY COUNCIL MEETING AUGUST 4, 2020 5 Waiver Request Waiver Request •May be granted if it is “unreasonable, impractical and cause undue hardship” •Staff recommends approval with following conditions: 1) Installation of conduits for future undergrounding of electrical 2) Installation of conduits for cable, telephone, and associated lines 9 10 CITY COUNCIL MEETING AUGUST 4, 2020 6 Waiver Request •Alternatives: –Approve without conditions –Approve with conditions –Not grant waiver –Request additional items and continue 11 12 CITY COUNCIL MEETING AUGUST 4, 2020 7 City Council Meeting August 4, 2020 B2 – Marketing Strategies and Media Plan FY 2020/21 MARKETING STRATEGIES AND MEDIA PLAN 2020/21 CITY OF LA QUINTA 13 14 CITY COUNCIL MEETING AUGUST 4, 2020 8 PURPOSE • Create a strategic plan focused on economic development, tourism, evolving the City brand, internal marketing, and enhanced focus on community outreach. WEBSITE ANALYTICS 15 16 CITY COUNCIL MEETING AUGUST 4, 2020 9 LAQUINTACA.GOV NEW/UNIQUE USERS Up: 36.27% PAGE VIEWS BOUNCE RATE Up: 18.65% Up: 5.7% PLAYINLAQUINTA.COM NEW/UNIQUE VIEWS Up: 9.78% PAGE VIEWS BOUNCE RATE Up: 29.09% Down: 8.47% 17 18 CITY COUNCIL MEETING AUGUST 4, 2020 10 SOCIAL MEDIA 9,639 ‐87 198,944 5,145 2,161 1,347,624 60,531 29 6,138,386 FOLLOW US FACEBOOK TWITTER INSTAGRAM Audience Published Post Impressions New Audience Growth @CITYOFLAQUINTA 19 20 CITY COUNCIL MEETING AUGUST 4, 2020 11 COVID-19 OUTREACH COVID-19 OUTREACH DIGITAL BILLBOARDS 9 rotating digital billboards throughout Coachella Valley with 1.2 million impressions weekly ALPHA MEDIA (RADIO) 2,400 (:30) radio spots on five radio stations airing throughout the day around the Coachella Valley DIGITAL ADVERTISEMENTS 1,363,941 digital impressions on COVID-19 information and education throughout the Coachella Valley 21 22 CITY COUNCIL MEETING AUGUST 4, 2020 12 COVID-19 MICROSITE 17,588 since April 1st PAGE VIEWS AVG. ITEM VIEWS PER DAY 45.32 COVID-19 ON SOCIAL MEDIA FACEBOOK # of Published Posts 498 (164 COVID-19) PAID BOOSTS Impressions 3,409,823 (3,202,723 COVID-19) BOOSTS Average Click Through Rate (CTR) 3% (4.1% COVID-19) 23 24 CITY COUNCIL MEETING AUGUST 4, 2020 13 2020/21 MEDIA PLAN MEDIA PLAN Fiscal Year 2020/21 DIGITAL 70% digital advertisements allowing the ability to change message and creative within 24 hours. SEO Enhanced SEO campaigns with the ability to target local and drive markets. SOCIAL Increase in paid social media campaigns through Facebook and Instagram with the ability to push out messaging to a targeted audience. PRINT Decrease in print media with a start later in the fiscal year. 25 26 CITY COUNCIL MEETING AUGUST 4, 2020 14 CREATIVE GRAPHIC DESIGN •Craft messaging based on COVID-19 tourism guidelines •Focus on community outreach for local advertisements •Strategic lifestyle/tourism focus for regional advertisements •Develop alternative messaging for all ad platforms 2020/21 DIRECT MARKETING BUDGET BREAKDOWN MEDIA BUY $384,800 GCVCC $95,200 MISC. MARKETING $95,000 PALMS TO PINES $15,000 AIRGRICULTURE DRONE $10,000 27 28 CITY COUNCIL MEETING AUGUST 4, 2020 15 Questions? 29 30 CITY COUNCIL MEETING AUGUST 4, 2020 16 City Council Meeting August 4, 2020 B3 – Agreement for Contract Services with Bank of New York Mellon Trust Background •Oversight provided by the FAC and City Council •Regulated by State guidelines, externally audited, and disclosed in financial statements Investments are internally managed •Stifel, Nicholas & Co., Higgins Capital Management, and Great Pacific Securities Investment Policy allows for use of 3 approved brokers •One statement with all City investments •One fee structure with economies of scale One Custody account is recommended 31 32 CITY COUNCIL MEETING AUGUST 4, 2020 17 Proposed Changes Monetary • Current brokerage account is with Stifel, movement of funds to BNY Mellon Custody account • Fees will be incurred to have one Custody account • Anticipated annual fees are $8,200 (up to $57,400 over 7 years) Procedural • Ability to transact with all brokers • Wider selection of investments and competitive price points How a Custody Account Works? Bank of the West – City Bank Account Great Pacific Securities Stifel, Nicholas & Co. Higgins Capital Mgmt. BNY Mellon Custody Account Authorized LQ Staff •Initiate & confirm wires •Provide investment options •Adhere to City Investment Policy •Daily market & economic updates •Select investments •Securely hold all investment funds •Confirm investment transactions •Provide statements •Send funds for purchases •Receive interest funds •Reconcile statements •Report on investments All parties are subject to external auditing. 33 34 CITY COUNCIL MEETING AUGUST 4, 2020 18 Why BNY Mellon ? •Solicitated proposal, received 4 responses •Lowest fees •Robust & secure online reporting •Dedicated client service team for municipalities •Operating since 1922, global custodian with $35 trillion in assets under custody Discussion & Questions 35 36 CITY COUNCIL MEETING AUGUST 4, 2020 19 City Council Meeting August 4, 2020 S1 – Golf Cart Program Updates and Map 37 38 CITY COUNCIL MEETING AUGUST 4, 2020 20 Program Background •Golf Cart Program initiated in July 2007 •Current Ordinance 474 outlines regulations •Golf cart routes added as part of striping improvements for recent CIP Projects •Staff proposing modifications to Golf Cart Program Proposed Modifications •Streets 25 mph or less allowed to use golf carts without need to post individual streets or segments •No sidewalks allowed for golf cart use unless approved by Council and signed as such •Streets >25 mph must have minimum 8 ft or wider bike/golf cart lanes to be posted as “golf cart lane” unless approved by City Engineer 39 40 CITY COUNCIL MEETING AUGUST 4, 2020 21 Previous Golf Cart Map •South La Quinta Previous Golf Cart Map •North La Quinta 41 42 CITY COUNCIL MEETING AUGUST 4, 2020 22 Updated Golf Cart Map •Includes new routes constructed with recent CIP projects –Avenida Bermudas –Avenue 52 –Madison Street –Calle Tampico –Calle Sinaloa 43 44 CITY COUNCIL MEETING AUGUST 4, 2020 23 45 46 CITY COUNCIL MEETING AUGUST 4, 2020 24 City Council Meeting August 4, 2020 PH1 – Public Nuisance Abatement on Tax Roll 47 48 CITY COUNCIL MEETING AUGUST 4, 2020 25 Background •Code Compliance pursues public nuisance casesto maintain public safety and quality of life •Code must abate properties considered a publicnuisance after the property owner fails tovoluntarily clean their property •City may recover cost associated with theabatement Abated Properties Approve placement of public nuisance abatement assessments on 2020/21 Property Tax Roll Name Assessor Parcel Number Cost of Abatement Administrative Fee Total Moosley 773-285-011 $475 $119 $594 Lam 774-132-001 $400 $100 $500 Shippey (Payment Received)773-234-014 $650 $163 $813 Lopp 774-141-005 $400 $100 $500 Stamko 600-340-029 $2,572 $643 $3,215 Clarke, Collett, Popelar 600-340-047 $2,572 $643 $3,215 Clarke, Collett, Popelar 600-340-046 $2,915 $729 $3,644 49 50 CITY COUNCIL MEETING AUGUST 4, 2020 26 Questions? 51 52 CITY COUNCIL MEETING AUGUST 4, 2020 27 City Council Meeting August 4, 2020 D5 – STVR Program Subcommittee Enforcement Recommendations / Update Subcommittee on Enforcement •Restricted to examining issues related only to enforcement •Stakeholders represented: Residents Owners, Non-Resident Owners, Neighbors •Provide recommendation to the parent Committee for consideration 53 54 CITY COUNCIL MEETING AUGUST 4, 2020 28 Framing The Issues After the enforcement event Issues before an enforcement event The enforcement event itself •Communicating with the City •STVR homeowner not registering with the City •STVR owner not aware of the rules •Renters not aware of the rules •Neighbors (or Community) not aware of the rules •No contact with owner / representative •Verifying the complaint •Noise / behavior / party events •Occupancy limit violations •Parking •Trash •Repeat offenders •3 strikes Three Main Enforcement Perspectives Resources Stakeholder Education Preservation of the Community Environment Issues before an enforcement event The enforcement event itself After the enforcement event 55 56 CITY COUNCIL MEETING AUGUST 4, 2020 29 Recommendations Resources: –At least two additional trained, dedicated field enforcement personnel –Enhanced complaint hotline •Live person during peak times •Familiar with La Quinta geography and STVR density •Empowered to initiate immediate response •Ability to accumulate statistical data –Dynamic management of hotline and field staff •Availability during peak times Recommendations Stakeholder Education –Education available for all stakeholders: resident and non- resident owners, property managers, neighbors, tenants/renters •Tutorial videos available on the website –Mandatory training for STVR applicants and property managers •Prerequisite for getting a license •Open to the public so neighbors and others can optionally attend –Notifications to all neighbors surrounding a rental property •Provide them with the same documentation as the renters 57 58 CITY COUNCIL MEETING AUGUST 4, 2020 30 Recommendations Preservation of the Community Environment –Quiet hours between 10:00 p.m. and 8:00 a.m. –No amplified noise from 8:00 p.m. to 8:00 a.m. –Reduce current owner/manager response time requirement from 45 minutes to 30 minutes –Reduce current 3-strike rule to 2-strike rule for noise and personal conduct violations –Prepare and distribute plain language documents demystifying technical terms and requirements (“Quiet Time”, noise levels, etc.) –Parking – limit street parking to 3 vehicles & identify vehicles owned by renters –Implement moratorium on new STVR licenses until enforcement measures can be implemented Thank You Thank you City staff for assistance and expertise provided to the subcommittee: Chris Escobedo Danny Castro Martha Mendez Tommi Sanchez Kevin Meredith Subcommittee Members: Michele McDonough Sally Shelton Mary Caldwell Gavin Schultz Malia Munroe 59 60 CITY COUNCIL MEETING AUGUST 4, 2020 31 City Council Meeting August 4, 2020 Closed Session In Progress 61 62 CITY COUNCIL MEETING AUGUST 4, 2020 32 Adjournment Council reconvened from Closed Session at 8:28 p.m. Report Out from Closed Session: Council completed the City Manager’s annual evaluation and re-affirmed his appointment MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to adjourn this meeting at 8:29 p.m. Motion passed unanimously. 63 64 WRITTEN PUBLIC COMMENTS & HAND-OUTS CITY COUNCIL MEETING AUGUST 4, 2020 1 From:Arlene Gotshalk Sent:Monday, August 03, 2020 3:06 PM To:City Clerk Mail Subject:Verbal Public Comments at City Council Meeting Attachments:STVRs [7-30-20].docx Follow Up Flag:Follow up Flag Status:Completed EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. NAME: Arlene Gotshalk PHONE: CITY OF RESIDENCE: La Quinta VERBAL PUBLIC COMMENTS SUBJECT: Short Term Vacation Rentals I am including a letter that I sent to Lori Lorett, Administrative Assistant Design and Development. Please enter my letter into public record for the August 4, 2020 City Council Meeting. Thank you, Arlene Please acknowledge receipt of this email. ‐‐ _________________________________________________________ "Keep your face to the sunshine and you cannot see a shadow". Helen Keller Arlene Gotshalk CareGiving Toolkit PO Box 643, La Quinta, CA 92247 www.caregivingtoolkit.com CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT ARLENE GOTSHALK PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR What do all these things have in common?  Many discussions about a neighborhood problem on Next Door’s website  Real estate marketing advertisement using code words  Coachella Valley cities updating their ordinances What they all have in common is they are talking about Short Term Vacation Rentals. I just read the following advertisement for a home for sale in the Cove: “No rental restrictions in La Quinta Cove, just add cosmetic touches to make this home all that it has to offer!” This is code for – This house would be great for a Short Term Vacation Rental. I have never seen this kind of wording to describe a house for sale in a quiet residential area! Why is Cathedral City moving to phase out vacation rentals? As stated in The Desert Sun by a council member a few days ago, “allowing vacation rentals has amounted to "mini hotels" in neighborhoods”. Vacationing people in our community is good. But it just that … PEOPLE ON VACATION. Vacationers are here to have FUN and at all hours – from early morning until late at night. People in STVRs are often LOUD ‐ talking, laughing, and partying. Their entertainment systems blare late into the night, cars overflow parking places, and trash is deposited in garbage bags in the street and in neighbors’ yards. And it is not clear how and where to submit complaints and then response time is often slow. I am extremely concerned about the quickly growing number of short term vacation rentals in the Cove. It is not uncommon for there to be 4 or 5 VRs on a single block and they are having a negative impact as they change the nature of our neighborhood from a family friendly, safe environment to a CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT ARLENE GOTSHALK PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR loud, invasive party zone. It is very important that La Quinta responds to these STVR problems before the situation explodes. I recommend that we address the issue now as a community and suggest that a process such as the following be implemented:  Immediate moratorium on issuing permits  Convene public meetings to hear and investigate concerns of LQ residents  Explore why other cities in the Valley have halted or limited permits  Identify the kind of tourist that adds to our community and our economy and the best way to house these tourists  And finally, Develop new guidelines and ordinances for La Quinta regarding STVRs I think it is important that we move forward NOW with respect and transparency. Thank you for the opportunity to express my concerns and talk with you today. CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT ARLENE GOTSHALK PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR To: Lori Lorett llorett@laquintaca.gov Design and Development, Community Development I am writing because I am very concerned about the burgeoning number of short term vacation rentals in the Cove. In the two years that I have been living in the Cove, I have noticed an increase in STVRs and the negative impact that this has created in our community. The nature of the neighborhood is changing from a family friendly, safe environment to a loud, invasive party zone. I am shocked at what I just read!! I have a friend visiting who is thinking of moving to the Cove. While looking at some listings of houses for sale, we read the following in the property description of a house in MLS #219046749: “No rental restrictions in La Quinta Cove, just add cosmetic touches to make this home all that it has to offer!” I have never seen this kind of wording to describe a house for sale in a quiet residential area. This is code for – This house would be great for a Short Term Vacation Rental. There are reasons that most of the cities in the Coachella Valley have updated their STVR ordinances and/or have declared a moratorium on permits until they review their policies and ordinances. In fact, headlining in The Desert Sun this morning is: Cathedral City moves to phase out vacation rentals ‐ One council member said allowing vacation rentals has amounted to "mini hotels" in neighborhoods. People who come to vacation in our community and stay in STVR are just that … ON VACATION. They are here to enjoy the area and to have fun. Oftentimes, there is a large group of people engaged in FUN at all hours – from early morning until late at night. They are laughing loudly, playing loud music at all hours, TVs are blaring movies late into the night, etc. There are many cars that overflow their parking places, and trash is deposited wherever is convenient rather than in the proper way or place. I have many years of experience with STVR and how they are regulated. I moved here a couple of years ago from another town, Santa Cruz, CA. Like La Quinta, Santa Cruz also relies heavily on tourism to support their local economy. Santa Cruz noticed the changing dynamics in the quality of life of its residents and responded by making changes to their ordinances regarding STVRs. Here are some of the issues that they were considering and solutions that they made for the health of their community. 1. Hosted rentals. Many people needed the income from hosted rentals. Hosted rentals often are longer than a weekend and do not seem to bring much change to the nature of the neighborhood or greatly impact the footprint of the community. CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT ARLENE GOTSHALK PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR In Santa Cruz county (population approx. 250,000), they capped the number of hosted rentals at 250. Short‐term rentals of one or two rooms in a home requires a Hosted Rental Permit per County Code. 2. Non‐Hosted rentals. June 2020 Santa Cruz County updated its ordinance regarding STVR. “Supervisor John Leopold, who helped craft the ordinance, said that the growing number of vacation and hosted rentals puts a burden on neighbors, who report loud parties, parking woes and other troubles at many properties. The increasing number of vacation rentals also reduces the number of available homes for county residents.” The new ordinance has designated a maximum number of permits for STVR by percentage of permits as follows: Under County Code, different areas of the county have a maximum of STVR permits ranging from 10%‐20% of total parcels. I know that there are many solutions that could be considered for our own unique and beautiful city. There are many residents who have voiced their concerns on Next Door regarding the growing number of STVRs in La Quinta. I have also heard neighbors having discussions that as STVRs increase, the problems that they create also increases. I feel that it is very important that La Quinta will respond to these concerns and problems before the situation grows exponentially. I recommend that we have a moratorium on STVR permits. Then, we as a community, can review our policies about STVR to see if La Quinta needs to update its STVR ordinances and/or if there needs to limit the number of permits issued. I think it is very important that we move forward with respect and transparency to La Quinta community members. I suggest that a process to address the issues of STVR be implemented such as:  Have an immediate moratorium on issuing STVR permits  Convene some public meetings to hear and explore concerns of residents  Explore and understand why other cities in the valley have halted STVR and have updated their STVR ordinances  Develop new guidelines and ordinances for La Quinta regarding STVRs Thank you for the opportunity to express my concerns. Sincerely, Arlene Gotshalk 54880 Avenida Alvarado, La Quinta CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT ARLENE GOTSHALK PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR 1 From:Eleazar Lua Sent:Tuesday, August 4, 2020 2:53 PM To:City Clerk Mail Subject:Comments ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** > Hello, > > My name is Eleazar Lua, I’m Co-owner of Vacay Stay Inc, in La Quinta. I’m writing in as a public comment regarding STVRs. > > As a Property Manager of a few STVR, I am aware of some of the concerns that the full time residents have, and understand them. We take many precautions to make sure that they are not bothered. One thing for example is our Noise Aware systems that we install at the properties to ensure the noise does not exceed levels that will cause a disturbance to surrounding residents. Also things like vetting the guest and sending them all the information to ensure that the follow the rules that the city of La Quinta has placed. We work very hard to ensure that our business and our guests bring the best to the city of La Quinta. We enjoy being part of the community and helping bring travelers to help our local small business like restaurants, shops, etc. Not to mention the income that we help our partners generate for their businesses. We enjoy being part of this community and want to be treated like partners to help this beautiful city benefit from STRVs. > > Thank you for your time! > CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY ELEAZAR LUA PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR 1 From:Marie Thompson Sent:Tuesday, August 04, 2020 7:57 AM To:City Clerk Mail Subject:STVR general comment for City Council Follow Up Flag:Follow up Flag Status:Completed EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Marie Thompson La Quinta, CA I would like to request ahold be set on any new STVR and have a community discussion on density in our residential neighborhoods. I would like for your new rules about fines and violations become standard and not just temporary. I think STVR have grown way to fast and you need to address how this is changing our neighborhood. When we bought our home in 2013 this was a residential neighborhood no vacation rentals. Today we have 4 just on our block. Since the lift from COVID‐19 the one across the street has a constant flow every week. Some are ok and others are just here to party. I do not think I should have to police my neighbors and have to report this every time we get a nuisance renter. Please consider a hold on any new STVR and review what is happening especially with Cathedral City changing their rules and regulations and quite possibly sending more people looking into investing (not living) in our community. I have sent this same note to the Adhoc committee but I feel this needs to be addressed by the Council. Thank you for your consideration, let’s keep La Quinta the “Gem” of the desert. ‐‐ Marie Thompson CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT MARIE THOMPSON PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - RELATED TO STVR 1 From:Edward Armendarez Sent:Tuesday, August 4, 2020 12:41 PM To:City Clerk Mail Subject:Verbal Comments and Written Comments Re: STVRs for City Council Meeting today 8/4/20 Attachments:STVRCity of La Quinta 842020.pdf ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Hi Monica. I would like to speak at the City Council meeting today, 8/4/20 regarding STVR regulation. This might be related to “Department Reports” item 5, “Design and Development - STVR Sub-Committee update.” I am also submitting the attached letter to Jon McMillen, Mayor Evans, and the City Council. Can you please distribute that to them prior the meeting? Thank you very much, Edward Edward Armendarez La Quinta Full-time La Quinta resident First moved here in 1995. CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT EDWARD ARMENDAREZ DEPARTMENT REPORT NO. 5 - STVR ENFORCEMENT SUB-COMMITTEE REPORT Dear Mr. McMillen, Mayor Evans and La Quinta City Council, I am a full-time resident of the Cove neighborhood and I support an immediate moratorium on STVRs and the implementation of a plan to eliminate all existing STVRs here. We are a residential neighborhood and not a commercial zone. STVRs have, in affect, turned residential zones into commercial zones, circumventing any due process, besides attaining a permit from the City. STVRs operate at the expense of the community for personal gain. There are developments in La Quinta that have housing which was developed and sold as STVR investments. Other gated communities with HOAs are ﬁne with STVRs and have their own agreements governing them. In the Cove, you are our HOA and we are behind the curve with STVR regulation. Many desert cities have already implemented regulations in response to the same grievances we are are suffering. In fact, because so many resort cities have enacted STVR legislation, we are now the wild west of STVR development, unprotected as we are. Courts have long been deciding cases in favor of cities that are eliminating and/or instituting strict regulations on STVRs. Way back in 1989 Carmel-by-the-Sea prohibited STVR’s in residential districts. There was a challenge by homeowners, and in 1991 the court rejected plaintiff’s claims and upheld the ordinance. The court determined: “… such rentals undoubtedly affect the essential character of a neighborhood and the stability of a community. Short-term tenants have little interest in public agencies or in the welfare of the citizenry. They do not participate in local government, coach little league, or join the hospital guild. They do not lead a scout troop, volunteer at the library, or keep an eye on an elderly neighbor. Literally, they are here today and gone tomorrow-without engaging in the sort of activities that weld and strengthen a community.” Last year, in October 2019, a three-judge panel of the U.S. 9th Circuit of Appeals rejected a class-action lawsuit against the city of Santa Monica, which had passed prohibitions on STVRs in 2015. The court agreed that STVRs “sometimes disrupt the quietude and residential character of the neighborhoods.” What about the investors that bought here as a STVR investment? They can still rent their properties for more than 30 days. Or sell. Right now, La Quinta real estate is fast moving. Well priced homes are selling in days. As people from urban areas realize that they can work from home anywhere, they are moving here. If someone wants to sell their home, it’s a sellers market and proﬁts can still be made. No one guaranteed a STVR owner the ability to operate a commercial establishment in perpetuity here. Airbnb and VRBO operators/investors know that there has been movement towards increasing regulation from cities like ours where a new idea turned out to have unfortunate consequences. STVR investment is a gamble, like many investments. Kona, HI just restricted STVRs to select commercial zones and instead of a glut of homes on the market, which real estate agents assumed would drive down prices, home values kept going up, like everywhere else. That will happen here too. What about the loss of TOT? La Quinta is ﬁnishing three new hotels and certainly more are on the way. Other communities in our city welcome STVRs and that won’t be lost. CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT EDWARD ARMENDAREZ DEPARTMENT REPORT NO. 5 - STVR ENFORCEMENT SUB-COMMITTEE REPORT Other cities realize there will always be bad actors and full time enforcement ofﬁcers are needed. Make the ﬁnes for violating rules signiﬁcant, just like other cities are, and help fund those positions with those fees. Carmel prohibited STVRs years ago, but they have allowed 24 permits in commercial zones. In fact, several California cities have allowed a set amount of STVRs in commercial zones. Density is of primary concern as well, so in these zones, there are only a certain amount within a set distance from each other. Home Sharing might be an option If we keep density in mind, providing they are at a distance from each other and the owner must always be present during rental periods. Santa Monica allows this to help alleviate housing shortages. The elimination of affordable housing is another example of how STVRs transform a community. Home prices and rents are affected. As investors drive up prices, opportunities for others will be lost. With Covid-19’s economic impact, more homes may be lost and come on the market, increasing the possibility of purchases for STVRs. There is an immediate threat to our public health, safety and welfare and I urge you to act now. I love the dark skies, the natural beauty and the quiet that (used) to exist here. Like many cities everywhere, it’s time to restore our communities to the neighborhoods they were. Thank you for your time and consideration, Edward Armendarez La Quinta, CA CITY COUNCIL MEETING - AUGUST 4, 2020 - PUBLIC COMMENT BY RESIDENT EDWARD ARMENDAREZ DEPARTMENT REPORT NO. 5 - STVR ENFORCEMENT SUB-COMMITTEE REPORT