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2003 11 04 CCCity Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, November 4, 2003 - 2:00 P.M. Beginning Resolution No. 2003-105 Ordinance No. 391 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.6(a); COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA; RIVERSIDE COUNTY SUPERIOR CASE NO. INC 0010827. T City Council Agenda 1 November 4, 2003 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54957, PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM WILLIAM MORROW, THE QUARRY AT LA QUINTA. 2. CORRESPONDENCE FROM THE HARVEST OF WELLNESS (H.O.W.) FOUNDATION. 3. CORRESPONDENCE FROM THE LAKE LA QUINTA HOMEOWNERS ASSOCIATION. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JOINT MEETING OF SEPTEMBER 30, 2003. 2. APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 21, 2003. 3. APPROVAL OF MINUTES OF SPECIAL MEETING OF OCTOBER 24, 2003. City Council Agenda 2 November 4, 2003 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 4, 2003. 2. ACCEPTANCE OF THE DESERT DOLMAN ART FEATURE. 3. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLTZ DESIGN FOR THE INTERACTIVE WATER FEATURE AT THE LA QUINTA PARK AND APPROPRIATION OF $15,000 FROM QUIMBY FUNDS. 4. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON FEBRUARY 11, APRIL 7, JUNE 16, AUGUST 11, OCTOBER 6, AND DECEMBER 1, 2004, 8:00 AM TO 7:00 PM. 5. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 24197-3, MONTICELLO, CENTURY HOMES, LLC. 6. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE FISCAL YEAR 2003/2004 MISCELLANEOUS STREET IMPROVEMENTS PROJECT NO. 2003-07. 7. APPROVAL OF FISCAL YEAR 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) ADVISORY BOARD'S RECOMMENDATION FOR EXPENDITURE OF GRANT FUNDS. 8. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 30651 - QUARRY RANCH, QUARRY RANCH, LLC. 9. APPROVAL OF PURCHASE OF HTE SOFTWARE LICENSES AND RELATED IMPLEMENTATION COSTS FOR PHASE II OF THE HTE, INC. INSTALLATION AS ADDENDUM TO CURRENT CONTRACT DOCUMENTS. BUSINESS SESSION 1. CONSIDERATION OF A MODIFICATION TO THE OPERATING AND USE AGREEMENT WITH THE LA QUINTA HISTORICAL SOCIETY TO OPERATE THE LA QUINTA MUSEUM. A. MINUTE ORDER ACTION City Council Agenda 3 November 4, 2003 2. CONSIDERATION OF ADOPTION OF THE COACHELLA VALLEY MODEL DUST CONTROL ORDINANCE, COACHELLA VALLEY DUST CONTROL HANDBOOK AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT. A. MOTION TO TAKE UP ORDINANCE NO. AND WAIVE FURTHER READING. B. READ BY TITLE AND NUMBER ONLY AND INTRODUCE ORDINANCE NO. ON FIRST READING. 3. CONSIDERATION OF FUNDING REQUEST FROM THE ADVISORY COUNCIL ON AGING. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A REQUEST FOR PROPOSALS FOR GOLF COURSE OPERATOR FOR SILVERROCK RANCH. A. MINUTE ORDER ACTION 5. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 390 AMENDING THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. A. ADOPT ORDINANCE NO. 390 ON SECOND READING. STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (PERKINS) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (OSBORNE) 5. COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) (ADOLPH) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY HENDERSON) City Council Agenda 4 November 4, 2003 1 1. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT (NONE) 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT A. REPORT ON ANNEXATION EFFORTS BY RESIDENTS OWNING PROPERTY EAST OF MONROE STREET, NORTH OF AIRPORT BOULEVARD, AND WEST OF VAN BUREN STREET. 6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - NONE 9. POLICE CHIEF'S MONTHLY REPORT - NONE 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. REQUEST FOR HUMANITARIAN SUPPORT IN THE AMOUNT OF $5,000 FOR VICTIMS OF THE RECENT FIRES IN SOUTHERN CALIFORNIA VIA A DONATION TO THE AMERICAN RED CROSS - REQUESTED BY COUNCIL MEMBER LEE OSBORNE. RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speaker's podium. ) City Council Agenda 5 November 4, 2003 PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any 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 Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-462, DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062, AND DEVELOPMENT PLANS FOR SITE DEVELOPMENT PERMIT 2002-754, SUBJECT TO FINDINGS AND CONDITIONS OF APPROVAL TO ALLOW A COMMERCIAL SHOPPING CENTER ON A 10.7-ACRE SITE, LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: JEFFERSON-WARING, LLC A. RESOLUTION ACTION(S) ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on November 18, 2003 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 6 November 4, 2003 6 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, November 4, 2003, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 1 1 1, on Friday, October 31, 2003. DATED: October 31, 2003 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 November 4, 2003 WRITTEN CORRESPONDENCE ITEM: z C413 A J rA� HE glUARRY A T L A Q_U I N T A October 22, 2003 Mr. Donald Adolph, Mayor City of La Quinta Box 1504 La Quinta, CA 92253 Dear Don, The purpose of this letter is to request the City of La Quinta to move forward on the full development of 5 8th Street from Madison Avenue to The Quarry, including paving, curbs and gutters. As you are aware this is not the first time that I have made this request to the City. At least once a year during the last five years I have had this discussion with yourself, the previous Mayor, John Pena or staff members. On more than one occasion I have been informed that work would be done as well as put .into the City budget. To date nothing has been done other than "minor" pot hole repairs. As you and most of your staff are aware The Quarry is a beautiful development that pays its fair share of taxes yet is not receiving in return its fair share of services. On more than one occasion The Quarry has lost prospective members/homeowners because it's just too difficult to get to due to poor road access. 5: 1 QUARRY LANE • LA QUINTA, CALIFORNIA 92253 760-777-1100 9 FAX 760-777-1107 For your information The Quarry received an award recently from Golf Digest declaring The Quarry as the "best conditioned" golf course in the United States. Isn't it Ironic our homeowners and guests have to come here on a "second rate road"? Don, we need the City's help. The Quarry needs a new road. The Quarry deserves a new road and we need it now. Please notify me promptly of the City's intention so that I can pass it on to the membership and homeowners before I have a rebellion. I�.� lei.• William M. Morrow President The Harvest of Wellness (H.O.W.) Foundation ce: "Wv., cr�j 4S-691 Monroe Street, Suite 10 • Indio, CA 92201 • (76( October 21, 2003 Don Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quinta, Ca. 92253 Dear Mr. Adolph, WRITTEN CORRESPONDENCE ITEM: �D OCr Z 3 M Ui E For the past year, I have been a board member on the Harvest of Wellness Foundation. The H.O.W. Foundation is a passion of mine, because as a full time police detective, investigating violent crimes for a local law enforcement agency, I see first hand the devastation that is experienced by the victims of sexual assault and child abuse. The H.O.W. Foundation helps people in crisis and now H.O.W is in a crisis situation. The Harvest of Wellness (H.O.W.) Foundation is a nonprofit organization that provides free services to violent crime victims in the Coachella Valley and Morongo Basin. Its programs include: • Rape Crisis Centers in the Coachella Valley and Morongo Basin, with 24-hour crisis hotlines, professional counseling, emotional support and many other services to rape survivors and their loved ones. • The Morongo Basin Children's Center, provides free professional therapy to abused children and their non -offending caretakers. • Violent Crime Response Program, offers a 24 hour crisis hotline, and counseling and support to victims of violent crimes in the Morongo Basin. • Child sexual abuse and sexual assault prevention education programs in public and private schools in the Coachella Valley and Morongo Basin. In 2002, this program provided over 1,000 educational presentations, reaching over 30,000 school children. The H.O.W. Foundation staff, Board and volunteers have focused their energies on providing services to children and adults who have been abused or assaulted, and to providing important community services, such as the prevention education programs. This service focus has been at the expense of ongoing fundraising activities and Office of Criminal Justice and Planning Grants. However, we have a large shortfall of funds, forcing us to temporarily layoff paid employees such as Program Directors, Clinical Counselors, Program Assistants and Advocacy Specialists. The H.O.W. Foundation has now reached a point at which we must receive immediate financial support from the communities they serve. The H.O.W Foundation Offices were forced to temporarily close their doors on September 30, 2003 because of a shortfall of funds. This forced us to suspend all program services, except the Rape Crisis Hotline, which is manned by volunteers who respond to the scene to provide support to rape victims. The need is critical, and the consequences of permanently cutting or closing these programs are equally severe. Children in the Coachella Valley and Morongo Basin will permanently lose sexual assault and child sexual abuse prevention education programs now in their classrooms. Abused children in the Morongo Basin will have no local access to free professional therapy and other services. The two rape crisis hotlines and support programs will cease to exist. Crisis and assistance programs to victims of violent crimes and their family members will permanently end. It is imperative that we raise at least $150,000.00 to reopen their doors. Please Help! Our Board of Directors members are willing to meet with your staff to explain our dire needs. Please contact me at anytime at (760) 861-0678. Pager (760) 773-8769. Thank you for your consideration. Our Federal I.D. # 95-3786723. Sincerely, Troy stillo Board Member 1i Oct 29 03 12:31p John Miller 760-564 4514 p.2 LAKE LA QUINTA HOMEOWNER ASSOCIATION c% J & W MANAGEMENT P.O. BOX 1398 PALM DESERT, CA 92261 (760) 568-0349 October 29, 2003 WRITTEN CORRESPONDENCE ITEM: .3 Dear Honorary Mayor Adolph, Please be advised that the Lake La Quinta Homeowner's Association is very concerned with the activity adjacent to our property. First, the Lake La Quinta HOA was advised that a six-foot wall would be built along our property and the senior housing project being built by Southern Presbyterian homes. We were never advised that the homes are being built three feet higher then the existing grade along Dulce Del Mar and the Lake La Quinta complex. We have met several times with Jerry Herman to discuss our concerns with this issue and see how we can have this problem solved We asked that they build the block wall on a three-foot berm to blend in with the existing wall along this street. He stated that he would look into the matter and get back with us. Jerry claimed that it was to late to have the project changed. We asked the he look into having the wall raised an additional two feet as the project was raised three feet higher then our existing grade. He once again he stated that he would look into the matter. We have been advised that nothing is going to be done. The Lake La Quinta Homeowners Association ask that either the City of La Quinta pay to have the block wall raised or split the cost with the builder. Secondly, your representatives have trespassed our land and placed a fence and screening on our property. That fence and your equipment have destroyed the existing landscaping and grass on our property, which we maintained. Third, your encroachment on our property has probably destroyed our water irrigation line that ran along the property line. We want to be a good neighbor, but this activity on your part, leaves us in a quandary. We would like to know what you propose to do in order to correct your encroachment and damaged to our property. Please respond in the next fourteen (14) days so that we can best evaluate our next course of action. 7hnn. ' Y� iller sent Lake La Quinta HOA 12 ATTACHMENT 1 T Ob j'A t 4 4v QdAra) COUNCIL/RDA MEETING DATE: NOVEMBER 4, 2003 ITEM TITLE: Demand Register Dated November 4, 2003 AGENDA C:A'1'E(iVKY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated November 4, 2003 BACKGROUND: Prepaid Warrants: 55896 - 55921 } 66,896.78 55922 - 559461 40,341.40 Wire Transfers} 533,841.42 P/R 31366 - 314481 124,113.10 P/R Tax Transfers} 339333.68 Payable Warrants: 55947 - 560561 303,650.15 $191029176.53 FISCAL IMPLICATIONS: Demand of Cash -City $532,583.19 Demand of Cash -RDA $56%593.34 . Falconer, Finanbe Director 13 CITY OF LA QUINTA BANK TRANSACTIONS 10/16/03 - 10/28/03 10/24/03 WIRE TRANSFER - ICMA $8,961.31 10/24/03 WIRE TRANSFER - CREDIT UNION $5,967.00 10/24/03 WIRE TRANSFER - PERS $14,137.12 10/13/03 WIRE TRANSFER - LAND PURCHASE $77,775.99 10/24/03 WIRE TRANSFER - LAND PURCHASE $293,000.00 10/24/03 WIRE TRANSFER - RDA ESCROW $40,000.00 10/28/03 WIRE TRANSFER - RDA ESCROW $94,000.00 TOTAL WIRE TRANSFERS OUT $533,841.42 214 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:52AM 10/28/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 55947 10/28/03 &02110 PATRICIA AIKEN 60.00 55948 10/28/03 &02111 GLADIZ ARMENTA 50.00 55949 10/28/03 &02112 ERNEST BASQUEZ 50.00 55950 10/28/03 &02113 BIRDIE HOMES III LLC 17.03 55951 10/28/03 &02114 RECHELLE HAWKINS 50.00 55952 10/28/03 &02115 KATHY LOUIS 40.00 55953 10/28/03 &02116 VERONICA MAC MILLAN 50.00 55954 10/28/03 &02117 BERT PETERS 50.00 55955 10/28/03 &02118 JENNIFER REYNOLDS 35.00 55956 10/28/03 &02119 FRANCOISE VAN DER LINDE 50.00 55957 10/28/03 ADT100 ADT SECURITY SVC INC 239.05 55958 10/28/03 AME175 AMERICAN FORENSIC NURSES 28.45 55959 10/28/03 AME200 AMERIPRIDE UNIFORM SVCS 171.96 55960 10/28/03 AVA100 AVAYA INC 1249.65 55961 10/28/03 BAN015 DAVE BANG ASSOCIATES INC 4833.58 55962 10/28/03 BRE020 BREEZE AIR CONDITIONING 5750.00 55963 10/28/03 CAD010 CADET UNIFORM SUPPLY 241.64 55964 10/28/03 CAL007 CALENDARS 11.14 55965 10/28/03 CAL033 CA PLANNING & DEVELOPMENT 249.00 55966 10/28/03 CAL237 CALIFORNIA OVERNIGHT 107.95 55967 10/28/03 CAP050 ROSMARY HEIM CAPUTO 252.00 55968 10/28/03 CAR070 CARDIFF LIMOUSINE INC 811.13 55969 10/28/03 CAR300 CARQUEST 164.06 55970 10/28/03 CDW050 CDW GOVERNMENT INC 456.36 55971 10/28/03 CHE050 CHECKMATE EXCHANGE 167.88 55972 10/28/03 CIT025 CITICORP VENDOR FINANCE 148.75 55973 10/28/03 CLE075 CLEAN ENERGY 77.07 55974 10/28/03 COA083 COACHELLA VALLEY WATER 25000.00 55975 10/28/03 COM030 COMSERCO 250.00 55976 10/28/03 CON010 CONRAD & ASSOCIATES 21282.00 55977 10/28/03 DDC100 DDC TRAINING SERVICES 161.45 55978 10/28/03 DES018 DESERT ELECTRIC SUPPLY 344.22 55979 10/28/03 DES060 DESERT SUN PUBLISHING CO 1801.50 55980 10/28/03 DES065 DESERT TEMPS INC 2448.03 55981 10/28/03 DES085 DESERT VIEW TREE SVC 525.00 55982 10/28/03 DIE050 DIETERICH POST .116.35 55983 10/28/03 DOD100 DODGE CITY 75.01 55984 10/28/03 DOU200 LES DOUGLAS 504.00 55985 10/28/03 DUD100 DUDEK & ASSOCIATES INC 6025.46 55986 10/28/03 ECO100 ECONOLITE CONTROL PRODUCT 710.00 55987 10/28/03 EVA050 DAVID EVANS & ASSOC INC 6283.92 55988 10/28/03 EXP050 EXPANETS 57.69 55989 10/28/03 EXP200 EXPRESS DETAIL 860.00 55990 10/28/03 FED010 FEDERAL EXPRESS CORP 306.59 55991 10/28/03 FIR017 FIRST CHOICE SERVICES 374.18 55992 10/28/03 FOR020 JOAN FOREST 84.71 55993 10/28/03 FOU100 FOUNDATION FOR RETARDED 40.95 15 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:52AM 10/28/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 55994 10/28/03 GCS010 GCS WESTERN POWER & EQUIP 85.24 55995 10/28/03 GMS100 GMSR 6.11 55996 10/28/03 GRA010 GRANITE CONSTRUCTION CO 25.78 55997 10/28/03 HEG050 HEGGE ELECTRICAL 110.00 55998 10/28/03 HIL150 HILTON FARNKOPF & 8329.98 55999 10/28/03 HOA010 HUGH HOARD INC 4463.07 56000 10/28/03 HOM030 HOME DEPOT 1096.01 56001 10/28/03 HOR100 DODIE HORVITZ 126.60 56002 10/28/03 HTE100 HTE INC 10234.19 56003 10/28/03 IIM050 IIMC 110.00 56004 10/28/03 INL200 INLAND POWER EQUIPMENT CO 59.14 56005 10/28/03 JIM050 JIM'S DESERT RADIATOR 436.61 56006 10/28/03 JPRO10 JP REPROGRAPHICS 9.70 56007 10/28/03 KIN200 KING ENVIROMENTAL PRODUCT 282.00 56008 10/28/03 KRI100 BRUCE KRIBBS CONSTRUCTION 8292.00 56009 10/28/03 LAN010 MARTIN LANGER 3000.00 56010 10/28/03 LAN220 LANDMARK GEO-ENGINEERS & 468.00 56011 10/28/03 LAQ030 LA QUINTA CAR WASH 25.90 56012 10/28/03 LEA020 LEAGUE OF CALIF CITIES 395.00 56013 10/28/03 LIP100 LORI LIPSMAN 191.80 56014 10/28/03 L00010 LOCK SHOP INC 102.36 56015 10/28/03 LOP050 RAY LOPEZ ASSOCIATES 3950.00 56016 10/28/03 LOW100 LOWE'$ COMPANIES INC 49.45 56017 10/28/03 MAG150 MARTIN MAGANA 154.80 56018 10/28/03 MDS100 MDS CONSULTING 1589.32 56019 10/28/03 NEX010 NEXTEL COMMUNICATIONS 132.40 56020 10/28/03 NNA100 NNA INSURANCE SVCS 99.00 56021 10/28/03 OFF005 OFFICE DEPOT INC 1520.62 56022 10/28/03 ORC100 OSCAR ORCI 56.24 56023 10/28/03 OVE050 OVERLAND PACIFIC & CUTLER 910.00 56024 10/28/03 OWE020 OWEN & BRADLEY 80.00 56025 10/28/03 PRE040 PREVENT CHILD ABUSE 250.00 56026 10/28/03 PRI020 THE PRINTING PLACE 237.05 56027 10/28/03 RAL050 RALPHS GROCERY CO 47.91 56028 10/28/03 RAS020 RASA - ERIC NELSON 2492.00 56029 10/28/03 RET050 RETIRED SENIOR VOLUNTEER 4043.00 56030 10/28/03 RIV077 RIVERSIDE COUNTY FLOOD 100.00 56031 10/28/03 RIV079 RIVERSIDE COUNTY GIS SVC 5000.00 56032 10/28/03 RIV110 RIVERSIDE COUNTY SHERIFFS 4747.20 56033 10/28/03 ROS010 ROSENOW SPEVACEK GROUP 40040.06 56034 10/28/03 RUT050 RUTAN & TUCKER 61606.85 56035 10/28/03 SAX100 SAXON ENGINEERING SERVICE 8785.00 56036 10/28/03 SMA010 SMART & FINAL 285.35 56037 10/28/03 SOCO10 THE SOCO GROUP INC 121.52 56038 10/28/03 SOL200 RICHARD J SOLTYS PROD 161.46 56039 10/28/03 SOU003 SOUND IMAGE 590.08 56040 10/28/03 SOU007 SOUTHWEST NETWORKS, INC 1040.00 56041 10/28/03 STA049 STAPLES BUSINESS ADVANTGE 1747.48 56042 10/28/03 STE003 M W STEELE GROUP INC 22928.46 16 4 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK NUMBER 56043 56044 56045 56046 56047 56048 56049 56050 56051 56052 56053 56054 56055 56056 CHECK DATE 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 10/28/03 CHECK REGISTER 08:52AM 10/28/03 BANK ID• DEF PAGE 3 VENDOR NO. NAME STE008 FRANK STEIN NOVELTY CO SUL100 SULMEYER, KUPETZ, BAUMANN TAI100 TAILORED GOLF INC TER100 TERRA'NOVA PLANNING & TRU010 TRULY NOLEN INC ULI100 ULINE UST050 U S TOY CO INC VAL005 VALLEY ANIMAL CLINIC VON010 VON'S C/O SAFEWAY INC WEC100 WECO WIR100 WIRELESS WEST WLC100 WLC ARCHITECTS INC YOU100 YOUNG ENGINEERING SERVICE ZUR050 ZUMAR INDUSTRIES INC CHECK TOTAL PAYMENT AMOUNT 31.14 160.66 680.00 8254.51 97.00 102.30 36.63 114.00 5.99 731.95 55.00 6958.56 ol 2765.00 379.91 303,650.15 H N M d' In h O 0% O H N M C' r{ ri '-i r 4 r-I z M 0 OD 04 o H x U ri W E N N N N N N N N N N N H N N r-4 (7 a' H H r-1 ri . 4 r 4 .4 -4 rA r-I E E 'A E E w rA E E E E E E E E E L O Co O M O O O O O O Ul) 0 0 O E-I O O O O O O O O O O O O O O z E z O O O h O O O O O M M M W ED tp to LO ri In c In Ln M Ln M h M r♦ a O O O m O O O O O O O O O O O O O O O O o co o o a o 0 0 o ui o kc O ul LO LO Ln M �n a w 0 0 E-H a H E H o a W 4 w a W a] E a a E 4 a a Q RC a 4 A 4 a+ Q H Q H 4 Q H O 0 0 vi O O O ( O vi O 0 0 O cn 0 4 O x O E r� E-I EE E W H E E a(Z E E WE-4 E W a W U U U IU-I a U a w a w a W a A a U a 0 a U-1 a U a A a 9> 9 O H O O O O O O O O O V) U) U) a Q 8 Q Q Q A Q A Q Q A A A A A Q A Q A A z U z z z z z z z z z z z z z z z z z z z z I H fn D W W ry > O W Ga > D W Gu > D W w 9 D W 44 9 D 64 W > D W Gu > D G4 W 9 O W Cs+ 9 D W G+ D N a a a a a a a� UW M r-I M fM Ln H A a LO LO > 1 > m M O O O lC V' O z z 2: N OD 00 O fr1 r-I m O O OD OD OD %D H A I --I D M 00 O V' M N m N M l0 w H z V' M V' Q N N N N N N N N N H .Yi a m w as a 1 O O rw H a o 0 0 0 0 0 0 0 0 o N o LO W o o O O O O o 0 0 o r4 aw h co o 0 0 o O o 0 0 0 0 110 %D In => OD M M Cf1 M h M h 00 M .-I Cll Cn z fn 1p l0 tD fM 1p M M to N O O w N N N N N C qw N ko w to E 'z, O O O O O O O O O O h N r 1 D O Co O O O O O O O O Ln O O O O O O Cl O O O O O O M N M U U r� r-I r-I H r-I H H .-+ r-I '-1 .--I r-I r-1 rC O O o O o 0 o O o o O o 0 r-I -4 .-4 ri - r-I 14 r-i ri r-I r-I w A U a z z z M a O cn a 0 1-4 1-4 A vi vi vi w H z E�+ w H te W H EA ° x O a' 94 aG a H a H a ,W� r� 0�0 W FC E-4 a uwi pq H H ' 0 H w o w a w w }� 01 H H Cl) H W >+ z H U fn W cn W A x W. 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O 0 0 0 O O O 0 0 H H H H H C H H H a z (� H a a z 0 O O �-+ 4 U U z H 3 w w W O U Cl) O D 0 H 0 O w w w 3 3 3 0 0 0 0 0 0 H H H 3 3 3 H W 3 W a a H 3 0 0 H a H 3 U z H H U W H H x U U a 3 0 0 H U a U U z z H H W U) H H a x E-H H W O O "J" z z H H FIM N N 0 0 U-) LO o O rz A4 N N H O �D M 0 M a H O H E-H z w a 19 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:43AM 10/23/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 55922 10/23/03 &02092 BLUE HAVEN POOLS 172.80 55923 10/23/03 CAL167 CALPERS LONG-TERM CARE 85.39 55924 10/23/03 CAM200 GERALD & VERA CAMPBELL 2120.00 55925 10/23/03 COA080 COACHELLA VALLEY WATER 9603.02 55926 10/23/03 DAN200 DANONE WATERS OF NORTH 658.87 55927 10/23/03 FRI045 FRIENDS OF DESERT MNTNS 30.00 55928 10/23/03 GAT030 GATEWAY COUNTRY 1460.01 55929 10/23/03 HEM300 FARIBA HEMSTREET 925.00 55930 10/23/03 HOM030 HOME DEPOT 1156.15 55931 10/23/03 IMPO10 IMPERIAL IRRIGATION DIST 202.74 55932 10/23/03 JON130 MARCIA JONASSON 516000 55933 10/23/03 LAQ050 LA QUINTA CITY EMPLOYEES 582.79 55934 10/23/03 PACO24- PACIFIC COAST ESCROW 9145.50 55935 10/23/03 RET050 RETIRED SENIOR VOLUNTEER 50.00 55936 10/23/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 55937 10/23/03 SAF020 SAFEGUARD HEALTH PLANS 5818.45 55938 10/23/03 SOU002 SOUL OF CHINA 272.91 55939 10/23/03 STA044 DARREN STANLEY 62.50 55940 10/23/03 -TIM075 TIME WARNER CABLE 184.65 55941 10/23/03 UNIO05 UNITED WAY OF THE DESERT 182.00 55942 10/23/03 USD050 US DEPT OF EDUCATION 170.83 55943 10/23/03 USP016 US POSTMASTER 2458.06 55944 10/23/03 VER200 VERIZON 1245.64 55945 10/23/03 VER210 VERIZON INTERNET SOLUTION 69.00 55946 10/23/03 WEL025 WELLS FARGO BANKCARD 2742.59 CHECK TOTAL 40,341.40 �n 4w 20 z 9O E4 z M O M � H x O w H a � N N 9 E-t W z E O >+ O a H a z A 0 w w H A a > I > H A H z A H x a w W w a I O O w a W E D z H z O U U 4 r--1 N M co V' In %D 1- O m O H H N r 4 m H V' H to H lD H r, r-I 00 '-1 0) r-I N r-I C7 C� C7 0, C7 C9 c7 C9 c7 C7 t7 t7 C7 C7 t7 C9 c7 C7 c7 t7 H H H E+ H E-I H E-t H E+ H H H H H H H H H E4 O O N O O W 01 M O O to -W O N N O -W O O N H r-I O O to lQ O O to to 1- -4 O to O O r1 O O O 1.0 r♦ O N 0; CM r-I (1 to M r4 O O C N O M O tD to N ri M N co N 0) M N 1, M 0) H r- OD H N 1-1 H r-1 O r 1 OD N Q' r i r-i N ri O OD 01 M O O N O [� OD O O r♦ O °° W a H N ko 0) W 0 OU4 I U H a H H E4 a E H a w a a a a a a 94 w a 4 w U. a 4 � a+ a FC w w U c7 0 H 0 a 1 H O z w H o H O H H a E+ 4 H H H 0 >+ H O 1: 0 H o z w Q A A E-I H 04 H H 3 3 S 3 3 H tY� H U H � a a ao ao a as a x w a U > U > U > U > U > U > U > a ch c� aa:: a w a w 0 0 0 v, v, U] O to Cl) (1) O z z z z z 0 A w W 0 A W >+ o A A A A z a z w A z w Vr z H z w a w x w 04 w 04 w a w C4 w 0z w A z w H x z Fi x z H x z H x z H x z z w > H z W O a z w z H w [:.t > i 4 \ > >> o H a H H E+ s H H H> H a H a H a H a H> s z> z w> E > o w w a 04 w a a E 3 3 3 3 3 3 3 A A A A A W z co M M `M OD M lD cM O O O O 1 m 1 to 1 O I to I M � dr O O 1 1 O 1 N O OD O O w w M w M w M w r- %D M 0 N tD ri w n1 00 IV qw� O '-I r-1 r-I H r 4 O O to to to r--I to H O O M M O M E-t Ol d' IV a Vw cw -W I%r a a I` O r- O r 0) r 0) r- 0) M rn r rn of o O o a r-I ri V-4 .-I r-I %D w to to to to to a O O O O .O O O N M to O O N N N [� O O to O O Cl CD O O O O M w W O O OD OD OD IV O O M O 0 0 0 O O o o %D W W 0 0 OD OD OD Do o O r-I O OD O Ol OD to r-•I r 4 r♦ r- 4 -1 r 4 r-I M M M M r-i to r 4 N rl m m m M M M M m M O O O O M M N 01 V' V V' N tD 1p W to w W %D w 1- 1- 1- r %D lD r-I lD O O O O m v cM C N N M M m M r 4 r-I O r1 O O O O .-I 0 to U) to to O o to to to to o O O O O O O O L` M -w C' V' qw N N r-I H r-I Vr M r-i O r H H H VA r-t r-I rl H rl r-I rl H H r-i H H r-1 r-•I H r-I O O O O O O O O O O O o O o 0 0 0 Co o 0 r-I r-I ri r-I �r r-I r--1 r-d r1 r-I r-I ri- r♦ r-I r-I r q r-I ri r--I ar w a a a x a 04 x a x x x x x z a w w w w w w w H H H H H E• W H H H H H H H a a x a a z U M a�� a 4 4 0 0 0 0 0 2: a 3 XXX 3 3 3 z z z z Z Vi W c/) >+ >I >+ >+ >+ >I >t 44 Cv Gw w w a H a a a w w w w w w w 0 0 0 0 o w w 0 0 o H w a a4 w a a a C7 AAAA a a a 0 0 w o m w H PG z w >>>>>>> w w w w w o z z w w z w O a > H H < H H a H C4 O O U F. w > > > a ka I w I w I w I� w w I� w w 3 :3: w w w x w A a x Q W A a x x x x x x x w z z z z z z s oa a a a 4 0 0 0 0 0 0 o a a pq oq oq U ch U U U U U U U A A A A A 44 (7 4+ N N N r O O Cl O O O O O O O O O O to O 01 tT 01 to O w w O w W w O O O O O O M l 3 O O O r-I N O O O O O O O N N N N N H H (QY` 0 0 0 64 0 0 0 0 0 0 0 a FC E w La rn w U U U U U U U U U A A A A A tra Ur x 21 z O .-4 N M C N W r N Q1 1O LA lC r ri M 00 N N N N N N N N Ln N M M M M M LO M aQ O H z M O M O N U C7 C7 (7 U' C7 C7 U' C7 U' Cn C1 C7 U' C7 C}1 Cll U' .--I W H E E C71 rn E rn rn rn W 0 rt: W W W W W W W W W rn M W W W rn H H E a pq H E+ HE-4 H H H H H H H H E� ° H H 04 N t0 r 0 C' N l0 0 M ri Cl ON O O O O LI) ri 0) 1 - H V' r Lo OD O1 %0 O Ln N O r U-) O O U'1 a' H z zCn N M N r O 61 N l0 ao N `,.D (14 N Q' .-1 0) O d' Olt O ri OD C' N N N e-1 OD r N N N N N r-I r-I to Ln r-1 L a 0 O Ln a O rn o 0 o In CD H r o r Lo o. 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A4 to O r r N U) r OD 0 0 0 > W U) t0 N r I V' N 0) r -W N N N W > I O ON Ol 0) r4 M N N O \0 lD l0 1 'A U) O M U) OD U) OD U) OD O H z (r) r to l0 �r r �r x o d' E A O r Ln Lo M r M D r+ wr VW H x a m w x rx O O w E a O O O O N O O O O O O O O O O O O O O O N O O O O O O w O O O O O O O (n O O O O OD O O O O O O U) O .�" ►J ri Ol U) H U) U) U) U) U) U) r-i Ol Ol r M r M r m z N O N N CD M M M M M O O l0 t0 tp l0 (V l0 N N %D l0 l0 l0 1p t0 W w E z O N O O M m M M .-1 ri M 1-1 N r-1 O N O N O D O O O O O to to U) U) O U) O M O U) rl rl .4 O O U) O O r-I H r1 r• N M q' U rl (N r1 .-i rl r-1 .•-I rl r•-1 r -I r1 r1 N O rl O r-4 O H O a O O O O O O O O O O O O to r-4 rt ri H LO rl H ri H r-4 H r-4 r-i rl r1 H 0 a H W H 0 0 Q O M U U U O W W w E-1 E `u4 A4 Ln o.4 E-4orz� U F4 O a w coo ao a w A fx w a O w H � u4 cn z C07 W E�• cn a4 3 o 4ru w w ,a H FC H H z z z z z z z z g A a to 0 0 0 0 0 0 0 O U) U) U) W W 94 Q N N N N N N N N a a w W W E A ou H H H H HHH a H a ►-1 a a 1 a g H V] a W a W a W x W x W a W W W W W W U) z A E A a a > > > > > > > > S S 3 .Hz 0 > d, U) U) O t0 O O O O O O O O �o O r O U) ri O O O O O O O H N N O N O N O O O O O O a N a N x N x N 04 N C4 N 04 N 04 x a a a U E E-' H H z A t/) W W W W W W W W W W W U w E+ D O A >>>>>>> > 3 3 3 23 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:25AM 10/17/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 55896 .10/17/03 BOB100 BILL BOBBITT 75.00. 55897 10/17/03 COA080 COACHELLA VALLEY WATER 7031.34 55898 10/17/03 CUN100 DENNIS CUNNINGHAM 75.00 55899 10/17/03 DAN125 RICHARD A DANIELS 100.00 55900 10/17/03 DEP035 DEPT OF INTERIOR BUREAU 200.00 55901 10/17/03 GAS010 GASCARD INC 2626.03 55902 10/17/03 HOR100 DODIE HORVITZ 37.00 55903 10/17/03 KIR010 TOM KIRK 200.00 55904 10/17/03 LAN010 MARTIN LANGER 6000.00 55905 10/17/03 MOU050 LESLIE MOURIQUAND 75.00 55906 10/17/03 PET005 CASH/PETTY CASH 233.68 55907 10/17/03 POW300 POWER PERSONNEL INC 2246.40 55908 10/17/03 PUE050 MARIA L PUENTE 75.00 55909 10/17/03 QUI020 PAUL D QUILL 200.00 55910 10/17/03 RIV077 RIVERSIDE COUNTY FLOOD 20.00 55911 10/17/03 SEE200 SANDRA SEELEY 27217.88 55912 10/17/03 SHA050 ARCHIE SHARP 75.00 55913 10/17/03 TH0200 DAVID THOMS 75.00 55914 10/17/03 TYL050 ROBERT T TYLER 200.00 55915 10/17/03 UNIO06 UNITED WAY OF THE DESERT 44.00 55916 10/17/03 VAS100 RUBEN VASQUEZ 19284.80 55917 10/17/03 VER050 FREDRICO VERDUGO 60.00 55918 10/17/03 VER200 VERIZON 295.65 55919 10/17/03 WEI030 HARRY WEINBERG 300.00 55920 10/17/03 WIL005 W ALLAN WILBUR 75.00 55921 10/17/03 WRI050 ROBERT S WRIGHT 75.00 CHECK TOTAL 66,896.78 24 r-i N Cl cn CN V' N LO N N N N N ri E0 O z M 0 C)H U 0 0 U 0 U C9 0 C7 U CD C7 0 C) C7 0 c� w w w w w w w w w W w w w w w £ a m E+ EE-4 E-4 EE+ E-+ E-E E-4 E 4 E-4 E-4+ E-4+ E-+ E-4+ E-4 E-4 N N O a0 V' N O O O O lD O O O O O O E1 O Cl O r-I H O O O r-1 OD O O O O O r I z E4 z U) 1: O r: Cl U) o O O 1` r O O U) lD w DO OD (14 r-IM r MC) O r1 Cl \D HO N O %D M N r-I -4 tD a 4 � o o 0 o M C) 0 0 0 o M o 0 0 0 0 0 0 0 H U) r 1 H U) O z o O O to to [� M Cl) 1- Cl O O N M O O z 1-C) W r•-I H N to N O O N x tD H 4 w w L) z U U z w a W Q a a Q a a a cn V) a w a a a w a H z a W w �aE-4a EE+ a Q a4 E-4 w GG z H O H O E+ o E-+ O O W E-4 cn 0 cn cn E-+ o E-r w 0 0 0 0 EE 0 a E+ x W U E-4 E-4 E+ U U U E4 U E-1 E i U E+ 0 E1 U E• U E-4 $ U E-4 H a U a > > > > a v ac 0 a k+ w 0� x a w ac U w a U a a O H W O (n cn In U) S w 0 z 0 A O O A A a A O a A H O > A z 0 H A E-r W 0 A + O LY, A U > z W U E+ A H z a s z z z E-4 A H Z H z z E-4 z z a z z z W z o z >+ H cn x w > W w w W W > x w > W R > x w > a a w > w w > w R > U o w > Ei w H > E-r w U) Q aUa Q 3 3 3 3 aUa�� �C a H o4 a 44 2 t> r z H a U x a W 6u U W o 0 0 0 0 H A aG 0 cn Cl) Cl) o 0 0 0 N N N N N > 1 > G[1 O O O o z H A z H z E-1 H H fx H a r-+ V EA LL E-4 W U) r r r E-H W E-4 Gu Z W Q Cl) > > > r-I U) cn r-I r-+ cn C/) H rYr a x w ao a 1 O o w E+ pC O N M O N O O O tp tD O O kD O O Ea O M O C) V' O O M O O CQ O W lD lD tD O O O W W O O Ln O O NC) ri r-i r 4 r-i C1 C1 U) ON C) r- m 01 Cl C� z O M M M M O O O H r-i M O O O fM Ln t0, w tD kD U) U) lD lD tD lD U) lD U) tD E+ z r-i V' W Vr Vr H ri M r-I r-4 r-i 1-4 -4 ri N 'J O U) U) U) U) O O N O O U) O U) O O O d' d' V' 1w U) U) N V' N Vr r-I U U2 r-i r-1 r-1 r q 14 r-4 r--1 r 4 r-I H H r-1 r I r i r-1 O 0 Cl 0 0 O O 0 0 0 O o O O O -4 r-I ri r1 H r 4 r-I V U) U) -4 r•-I r-/ -4 a M 3 3 3 3 a1 A Ln H a a a a a ya H w w a E-4 >>>> Z w w E�• a z H z H z H > W O >4 E• �ar «7 0 U)A WO pQp�� a A x H z W W �+ Ol x x x x H FC AC W a4 H H a a U U U U z Ea U U H E-4 a x w rC O a 4 a rC 4 z U vu cn cn cn cn a A H O O O O W H W 4 Q O O W 4 m z m U U U U Q a Q C7 cD A E-4 a U E-+ w w z 0 > o 0 0 0 0 Co an Ln o 0 0 0 o O Ln :D O w O CD w O N f'M r-I r-I O r-I 14 U) O 0 yl U E+ r 4 w O FC O FC O RC O Q r--1 z r i z O a O cn O cn r-1 aG O x O z O a O E4 , U H O O O O O O H O W a U ao U U U CJ U A 0 U C7 x x r 4 to r aD 01 O H N M c lD r O r-I Ql M OD LO ko H r . 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PAID NUMBER NAME DESCRIPTION 229.46 HOM010 HOMEBASE SUPPLIES 222.77 HOM010 HOMEBASE SUPPLIES 43.50 HOM010 HOMEBASE SUPPLIES 12.84 HOM010 HOMEBASE SUPPLIES 297.92 HOM010 HOMEBASE SUPPLIES 200.66 HOM010 HOMEBASE SUPPLIES 149.00 HOM010 HOMEBASE SUPPLIES 1,156.15 28 el A/P - AP6002 CHECKS TO BE VOIDED 4:23PM 10/22/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 55751 DEF 10/06/03 55751 DEF 10/06/03 55751 DEF 10/06/03 TOTAL VOIDED 115.20 &02092 BLUE HAVEN POOLS 36.00 &02092 BLUE HAVEN POOLS 21.60 &02092 BLUE HAVEN POOLS 172.80 INVOICE DESCRIPTION REFUND BLDG PERMIT REFUND BLDG PERMIT REFUND BLDG PERMIT 29 A/P - AP6002 CHECKS TO BE VOIDED 4:15PM 10/22/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 54160 DEF 05/27/03 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 250.00 PRE040 PREVENT CHILD ABUSE 250.00 INVOICE DESCRIPTION FUNDING 30 4 42) A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 55820 DEF 09/29/03 229.46 HOM010 HOMEBASE 55820 DEF 09/30/03 222.77 HOM010 HOMEBASE 55820 DEF 09/26/03 43.50 HOM010 HOMEBASE 55820 DEF 09/26/03 12.84 HOM010 HOMEBASE 55820 DEF 09/29/03 297.92 HOM010 HOMEBASE 55820 DEF 09/26/03 200.66 HOM010 HOMEBASE 55820 DEF 09/26/03 149.00 HOM010 HOMEBASE TOTAL VOIDED 1,156.15 INVOICE DESCRIPTION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES 4:26PM 10/22/03 PAGE 1 28 A/P - AP6002 CHECKS TO BE VOIDED 4:15PM 10/22/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 54160 DEF 05/27/03 VENDOR VENDOR AMT. PAID NUMBER NAME 250.00 PRE040. PREVENT CHILD ABUSE TOTAL VOIDED 250.00 INVOICE DESCRIPTION FUNDING 30 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 4, 2003 BUSINESS SESSION: ITEM TITLE: CONSENT CALENDAR: Acceptance of the Desert Dolmen Art Feature STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept the Desert Dolmen art feature as complete and authorize staff to issue final payment to the artist, Roger Hopkins. FISCAL IMPLICATIONS: None for this action. Funds from the Art in Public Places account were allocated for this art piece on January 7, 2003. By accepting the art feature as complete, final payment will be released to the artist as a condition of the Art Purchase Agreement. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 6, 2003, the City Council approved an Art Purchase Agreement with Roger Hopkins to produce the "Desert Dolmen" art feature to be located on the northeast corner of Washington Street and Lake La Quinta Drive. Mr. Hopkins has stated that he has completed the work on the art feature and it is ready to be accepted by the City as provided in Attachment 1. Attachment 2 provides the specific description of the art feature as stated in the Art Purchase Agreement. The specific items of inclusion of the art feature have been provided by the artist; therefore, the art feature is complete. 4 J FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the Desert Dolmen art feature as complete and authorize staff to issue final payment to the artist, Roger Hopkins; or 2. Do not accept the Desert Dolmen art feature as complete and authorize staff to issue final payment to the artist, Roger Hopkins; or 3. Provide staff with alternative direction. Respectfully submitted, M!AWL We -Horviiz,'Coknmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Notice from Roger Hopkins Regarding Completion 2. Portion of Art Purchase Agreement (Specific Items of Inclusion) with Roger Hopkins 116 ATTACHMENT 1 Dodie Horvitz From: Roger Hopkins [rhopkins@rogerhopkins.com] Sent: Thursday, October 23, 2003 2:40 PM To: Dodie Horvitz Subject: Completion Notice )ear Dodie, We have finished with Omri & Boni's Desert Dolmen art piece. I will hand deliver you a sketch of the wiring and naintenance tips. As long as I live in La Quinta, I will look to the maintenance myself at my own expense... barring a catastrophe. toger Hopkins )culptor & Stone Imports •4489 Town Center Way quite D 'aim Desert, California 92260 rww.rogerhopkins.com A7 3 10/27/2003 ATTACHMENT 2 Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Artist shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of: Three granite stones: (three) six feet high black granite boulders which will be rough on the outside surface and inside of the sculpture Sculpture will be structurally evaluated and plans signed by a structural engineer Upright stones will be pinned into a, concrete base Linkage will be provided by steel pins There will be a polished seating stone placed under the top stone Landscaping will be completed per conceptual plan All utilities to support the landscaping are included as part of the art work There will be a decomposed granite pathway leading to the art work, as provided in the conceptual plan S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement, Omri and Boni Restaurant.doc Page 15 of 19 COUNCIL/RDA MEETING DATE: November 4, 2003 ITEM TITLE: Approval of a Professional Services Agreement with David Volz Design for the Interactive Water Feature at the La Quinta Park and Appropriate $15,500 from Quimby Funds RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with David Volz Design for the design and construction management of the interactive water feature at the La Quinta Park and appropriate $15,500 from the Quimby account for this service. FISCAL IMPLICATIONS: The cost for a project designer and construction manager is $15,500, which can be funded from the Quimby account, which has a balance of approximately $190,000 as of September 30, 2003. CHARTER PITY IMPLICATIONS: None. BACKGRO!JND AND OVERVIEW: At the March 4, 2003 City Council meeting, the City Council approved issuance of a Request for Proposals (RFP) for an interactive water feature for the La Quinta Park. The location of the interactive water feature at the La Quinta Park is shown on Attachment 1. RFP's were sent to artists registered with the City as part of the Artist Bank, as well as those who requested an RFP in response to the information provided in the Desert Sun, La Quinta Chamber of Commerce Gem, the Riverside Arts Council publication and the A/E Consultants Information Network. 49 At the April 10, 2003 Cultural Arts Commission meeting, the Commission reviewed the only proposal received, "Water Dragon" submitted by Alber De Matteis. Mr. De Matteis has experience working with the City of La Quinta, as he is the artist who designed and installed the art work at Fritz Burns Park, which includes the spray towers, sidewalk mosaics and the gates at the pool house. The Cultural Arts Commission recommended the project for City Council consideration along with the proposed budget. At the May 6, 2003 City Council meeting, the City Council directed staff to contact the artist for redesign of the artwork to consist of water spraying up from the ground. Staff contacted the artist regarding the Council's desires. Mr. De Matteis stated that he was unable to produce such an art piece. Staff then contacted three water feature designers that produce the type of artwork the City Council desires for the La Quinta Park. On August 19, 2003, the City Council considered the interactive water feature for the La Quinta Park and directed staff to proceed with the design of an interactive water feature that incorporates a filtration system and regular flow nozzles and authorized a Request for Proposal to be issued for a project designer and construction manager, as provided in Attachment 2. Staff received two proposals from consultants interested in the La Quinta Park interactive water feature: David Volz Design and TKD and Associates. On October 131 2003, the two design firms were interviewed and the selection committee selected David Volz Design to begin negotiations on this project. Mr. Volz has experience in designing and installing several interactive water features similar to the La Quinta Park project. Attachment 3 provides the City's standard Professional Services Agreement between the City and David Volz Design. It is anticipated that once the Agreement is executed, it will take approximately 120 days to complete Mr. Volz will prepare three preliminary designs and the designs will be taken to the Community Services Commission for review and recommendation to the City Council. It is anticipated that Quimby funds or the City's Proposition 40 funds (approximately $325,000) will fund this project. Proposition 40 funds have not been allocated by the City Council as of this report. Staff will bring a Proposition 40 grant funding allocation for City Council consideration at a later date. It is anticipated the cost of the interactive water feature materials and installation will not exceed $80,000. However, once a design is selected by the City Council, the materials and installation budget can be finalized. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: i7 1. Approve a Professional Services Agreement with David Volz Design for the design and construction management of the interactive water feature at the La Quinta Park and appropriate $15,500 from the Quimby account for this service; or 2. Do not approve a Professional Services Agreement with David Volz Design for the design and/or construction management of the interactive water feature at the La Quinta Park and do not appropriate $15,500 from the Quimby account for this service; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz, Co unity Services Director Approved for submission by: i s homas' P. Genovese, City Manager Attachments: 1. Location Map 2. Minutes from the August 19, 2003 City Council Meeting 3. Professional Services Agreement with David Volz Design City Council Minutes 14 August 19 ATTACHMENT 2 In response to Council Member Henderson, Ms. Horvitz noted staff's recommendation includes authorization for an RFP for a landscape architect to design and coordinate this project. Council Member Osborne stated he supports going with the water treatment system. MOTION - It was moved by Council Members Osborne/Henderson to authorize the use of a filtration system and regular flow rate nozzles for the La Quinta Park interactive water feature, and authorize a Request for Proposals for a landscape architect to design and coordinate this project. Motion carried unanimously with Mayor Adolph ABSENT. MINUTE ORDER NO. 2003-84. 5. CONSIDERATION OF THE PAVEMENT MANAGEMENT PROGRAM AND SELECTION OF ANNUAL PAVEMENT PRESERVATION AND MAINTENANCE WORK PROGRAM. Public Works Director Jonasson presented the staff report. Council Member Perkins commented on the importance of maintaining the City streets. In response to Council Member Henderson, Consultant Nick Nickerson stated staff recommends a portion of -the $875,000 carry-over funds for slurry seal and striping be used for the slurry and preventative maintenance portion of this year's program, and appropriate capital money for the rehabilitation of the streets in Scenario #2. City Manager Genovese noted any unused portion of the $600,000 appropriated for the current fiscal year would be carried over to the following year. Council Member Henderson agreed with Council Member Perkins on the critical need to maintain the streets. In response to Council Member Osborne, Mr. Jonasson explained the $875,000 was ' previously designated for the slurry seal program but not used. Council Member Osborne agrees with maintaining the streets at the level recommended by staff but feels it's important to keep an eye on the budgeted amount and to reduce it if it's not being used. City Council Minutes 12 August 19, 2003 It was moved by Council Members Henderson/Perkins to adopt Resolution No. 2003-80 as submitted. Motion carried unanimously with Mayor Adolph ABSENT. BUSINESS SESSION ........... continued 4. CONSIDERATION OF AN INTERACTIVE WATER FEATURE FOR THE LA QUINTA PARK. Community Services Director Horvitz presented the staff report. In response to Council Member Perkins, Ms. Horvitz confirmed the water feature area will be ADA accessible. In response to Council Member Henderson, Ms. Horvitz advised the area is 80 feet in diameter. Council Member Henderson voiced concern about maintenance costs. Ms. Horvitz stated the cost for the proposal by Vortex, which is a one-time water -use system, is approximately $60,000 including equipment and installation. The cost of a water treatment system (recycled water) is approximately $25,000 more. Suzanne Rupp, 27464 Commerce Center Drive, Temecula, of Miracle Playground Sales, stated the upfront costs for a water treatment system is higher but the water cost is significantly lower. She stated it takes approximately five years to offset the cost of a water treatment system. She added the equipment is stainless steel and under warranty for 25 years, and the surface will be a rubberized material. In response to Council Member Henderson, Ms. Horvitz confirmed the water feature surface at Fritz Burns Park was replaced because of rodents but added this water feature will have a concrete base. She stated the rubberized surface is not included in the cost, and the City has applied for a grant to cover that cost. Ms. Rupp noted brushed concrete can be used in place of a rubberized surface. She indicated the various water features are intended to blend in with the environment and not be obtrusive. City Council Minutes 13 August 19, 2003 In response to Council Member Henderson, Ms. Horvitz stated an area 80 feet wide is needed to accommodate the number of water features in the preliminary plan unless the plan is scaled back. In response to Council Member Osborne, Ms. Rupp advised the time period the water features can be available are set through a control panel, and the individual water features are activated when the activation bollard is touched. Ms. Horvitz stated the outside wall is approximately 2 % feet high. A budget of $40,000 was discussed when the RFP was distributed but no funds have been allocated for this project. She confirmed there are sufficient funds in the Arts in Public Places Fund to cover the cost. Mayor Pro Tern Sniff spoke in support of the concept, and asked about the recirculation system. Ms. Rupp explained the water will drain to the center or outside edges of the area and go through a chemical filtering system before being sprayed again. The chemicals are regulated by the system, and the control panel can be located in a subterranean vault or in an enclosure. The system has approximately 10 water feature components with the palm tree -like feature being about 12 feet high. Council Member Perkins voiced concern about the rubberized surface being slippery, and commented on the need for the area to be -illuminated. Ms. Horvitz noted the same material, which is similar to cork, has been used at Fritz Burns Park without any complaints being filed. As for lighting, she noted the adjacent basketball court lighting will most likely illuminate the area. Ms. Rupp noted operation hours can be regulated through the control panel. Council Member Perkins voiced concern about pools or lakes that are not fenced. In response to Council Member Henderson, City Manager Genovese stated the maintenance will probably be contracted to the same company that maintains the City's fountains. �. Ms. Rupp recommended the water treatment system because it will provide better water pressure. �, J ATTACHMENT 3 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and David Volz Design ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to design and construction management of an interactive water feature for the La Quinta Park as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the S:\Community Services\Community Park\WATER FEATURE\Professional Services Agreement Volz..doc Page 1 of 8 _,, 01% v event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed twelve thousand dollars ($12,000) for Phase I (Design and Bid) and three thousand five hundred ($3,500) for Phase II (Construction Management) for a total of fifteen thousand five hundred Dollars ($15,500 total for both phases) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. S:\Community Services\Community Park\WATER FEATURE\Professional Services Agreement Volz..doc Page 2 of 8� y u I 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. David Volz It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Community Services Director or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and S:\Community Services\Community Park\WATER FEATURE\Professional Services Agreement Volz..doc Page 3 of 8 1 O naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, ACity indemnitees,- from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) (Aclaims-) and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the City indemnitees, or at the City=s option, reimburse the City indemnitees their costs of defense, including reasonable attorney=s fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgement or portion thereof rendered against the City indemnitees. S:\Community Services\Community Park\WATER FEATURE\Professional Services Agreement Volz..doc Page 4 of 8 r 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the I' activities of City, except as required by law or as authorized by City. S:\Community Services\Community Park\WATER FEATURE\Professional Services Agreement Volz..doc Page 5 of 8 ��, 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days, of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the S:\Community Services\Community Park\WATER FEATURE\Professional Services Agreement Volz..doc Page 6 of 8 a Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees, If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: David Volz Design Attention: David Volz 17050 Bushard Street Suite 300 Fountain Valley CA 92708 714-593-3300 e2 S:\Community Services\Community Park\WATER FEATURE\Professional Services Agreement Volz..doc Page 7 of 8 �� 14 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT By: Name: Title: 63 Date: S:\Community Services\Community Park\WATER FEATURE\Professional Services Agreement Volz..doc Page 8 of 8 r` i 5 Exhibit A Scope of Services The following identifies the major tasks: 1. Project organization 2. Research and propose an interactive water feature incorporating a filtration system within the City's project budget 3. Provide support information to staff for reports 4. Provide working drawings to be used by water feature vendor 5. Work with selected water feature firm to design and install interactive water feature 6. Coordinate installation Consultants preparing proposals should not be constrained by the above outline from suggesting different and innovative approaches to this project. III. MEETINGS • Attend up to two meetings of the Community Services Commission to review proposed interactive water feature and take direction from Commission. • Attend up to two (2) City Council meetings to represent the project. • Meetings with water feature contractor as needed to ensure a complete project. • Meetings with staff as needed to ensure successful project completion. IV. PRODUCT • A properly designed and functioning interactive water feature with a filtration system. Note: All written material will be in MS Word. CD's of complete working drawings and graphics are required at the close of the project. All data, information, materials and work produced including final camera ready text, maps and graphics including all digital files will become the sole property of the City of La Quinta. 6 r16 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed fifteen thousand five hundred Dollars ($15,500) except as specified in Section 1.6 - Additional Services of the Agreement. 17 Exhibit C Schedule of Performance Consultant shall complete all services within eight months ( 240) days of the date of this Agreement. e� Exhibit D Special Requirements NONE COUNCIL/RDA MEETING DATE: November 4, 2003 Approval of a Request by the County of Riverside Planning Commission to Utilize the Council Chambers for Public Hearings on February 11, April 7, June 16, August 11, October 6, and December 1, 2004, 8:00 a.m. to 7:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from the County of Riverside Planning Commission to utilize the Council Chambers for Public Hearings on February 11, April 7, June 16, August 11, October 6, and December 1, 2004, 8:00 a.m. to 7:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROgND AND OVERVIEW: The County of Riverside Planning Commission has requested that the Council Chambers be made available for public hearings on the following days in the year 2004: February 11, April 7, June 16, August 11, October 6, and December 1. The request meets all the requirements of the facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a request from the County of Riverside Planning Commission to utilize the Council Chambers for public hearings on February 11, April 7, June 16, August 11, October 6, and December 1, 2004, 8:00 a.m. to 7:00 p.m.; or 2. Do not approve the request from the County of Riverside Planning Commission to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, �- 6 ��� ' T Tom Hartung, Director o Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Application 69 2 ATTACHMENT 1 fL�Lu 0 anizatioa:'I(,�"t�t,�l person(s) Ink Charge.- (���{� Y 1 n N ..,,. ph.., Addrres s : Sfi - .Facility Requested: 0,0 Type of Sventt : Public x Private _- ; Description of ActivitX \V E� r�.�' t �C✓ �.oL.�. r�� r" l� Ci ri (17 p . Date-(s) of 'Qpe; //pro// // Size of group= Time of Use: Start (a.m./p.m-) Total Sours of IIse x $32 . D0._/axoxtx Certificate of Additional Insured ,attached a - or -City Iasux7ance Regaestedz Fee Pilids Refundable Cleaning Deposit Paid: session Ram a $200 Council Mamberx (up to 53 people) Council Cbera (54 people plus) Total Paid: $300 $500 The undersigned hereby agrees to abide by the rcx1ex and regulations of the City. of La Quinta relatin a p ' c facilities. Date: Signature: Title:lann����rE l DepOs i t RegUired F Or : r Deposit Returned: va,to $ -- MY=z Th" p.r■oft ■%,Qolwp w*a aotllontiaa .ad %ha ac.trauc at loj:eXw4ej%aA amok ba am PrK%tvr of tna ♦poeMsribF ara■aya.kl,aa. St Lia ppo r+.ow 44 rat %a MXCAv"c of t1f4b arQfi%eiaat1oe !os vhaaL Aippiae►,tiaq Ap owd•r, b.&/40►a atawh 1pAW0,00rR VVR6Lrl0. .1At4=V1%J4biaa trams Gpo gnmp to ion. L COUNCIL/RDA MEETING DATE: November 4, 2003 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 24197-3, Monticello, Century Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 6 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 24197-3 and authorize staff to release security upon receiving warranty security. FISCAL IMPLICATIONS: Acceptance of the improvements will impact the General Fund as follows: Maintenance and street sweeping costs are estimated to be $1,485 annually. These additional maintenance/street sweeping costs were anticipated and were included in the approved operating budget for fiscal year 2003-2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 24197-3 is located west of Jefferson Street, north of Miles Avenue and south of Fred Waring Drive (Attachment 1), and consists of 54 residential lots. All improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied.. Included as Attachment 2 is a spreadsheet indicating security to be released after the City 1-receives the warranty security. 71 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract 24197-3 and authorize staff to release security upon receiving warranty security; or 2. Do not accept improvements to Tract 24197-3 and do not authorize staff to release security upon receiving warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, Steve SPA. . E. Assistant Ci Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 2 4: ATTACHMENT 1 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. VICINITY MAP I bill 13:4 F.'" __ 9 ar."I m kv� a 9) *.-] of z1v 1 0 US] "I av, s :m zw_-1111ji , COUNTRY CLUB DR. HOVLEY LN. E. z 0 9 z a 3 �.---.- PALM DESERT N. T. S. /NTFRSTgTF 10 42No AVE. FRED WARING DR. PROJECT MILES AVE. w Q SITE 9 J � z o INDIO WESTWARD HO w --► g o w DRIVE z � w a D 0 HWY 111 VICINITY MAP NOT TO SCALE Fxhihit A Security Tract 24197-3 Monticello, LLC Improvement Description Labor & Materials Grading $307,790 Streets $ 302, 290 Domestic Water $219,950 Sanitary Sewer $123,720 Dry Utilities $93,600 Perimeter Wall $31,200 Monumentation $0 Construction Subtotal: $1,078,550 Engineering & Plans (20% of Construction) No -Plans Contingency (25% of Project) Total: ATTACHMENT 2 Performance Security Current Security Proposed Reduction Warranty Security $307,790 90% $30,779 $302,290 90% $30,229 $219,950 90% $21,995 $123,720 90% $12,372 $93,600 90% $9,360 $31,200 90% $3,120 $10,000 100% $0 $1,088,550 $107,855 $217,710 100% $0 $326,585 100% $0 $1,632,8451 $107,855 WARRANTY AMOUNT: $107,855 Release performance security when warranty security is received. Release Labor and Materials security in 90 days (February 3, 2004). Release warranty security in one year (November 16, 2004). 4 4 XP COUNCIL/RDA MEETING DATE: November 4, 2003 TEM TITLE: Approval of a Request for Proposals to Obtain Professional Engineering Services for the Fiscal Year 2003/2004 Miscellaneous Street Improvements, Project No. 2003-07 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Fiscal Year 2003/2004 Miscellaneous Street Improvements, Project No. 2003-07 and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Project Area No. 1 - Bermudas Sidewalk Improvements Funding Source Account No. Amount S13821-Bicycle and Pedestrian Facilities 401-000-466-487 $52,877.00 RDA Project Area No. 1 Funds (Sidewalk) 401-000-493-000 $21,973.00 Sub Total: $74,850.00 Project Areas No. 2 and 3 — Madison Street Rehabilitation Improvements Funding Source Account No. Amount Gas Tax 401-000-493-000 $205,206.00 Total Funding Project Areas 1-3: $280,056.00 As illustrated the total available funding currently assigned to the individual projects that make up the proposed Fiscal Year 2003/2004 Miscellaneous Street Improvements, Project No. 2003-07 is $280,056.00. �J S:\CityMgr\STAFF REPORTS ONLY\C 5.doc The following represents the anticipated project budget for all three project areas: Construction: Design: Insp/Test/Survey: Administration: Contingency: Total: $207,125.00 $20,798.00 $16,078.00 $10, 600.00 $25,455.00 $280,056.00 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. No construction is proposed at this time; however, because this project is being funded with state and federal monies there will be a prevailing wage requirement included in the contract specifications. BACKGROUND AND OVERVIEW: The Fiscal Year 2003/2004 Capital Improvement Plan (CIP) approved by the City Council on May 20, 2003 assigned RDA Project Area Number 1 funding toward miscellaneous sidewalk improvements -to be identified on a project by project basis. On May 20, 2003, the City Council Approved an SB 821 Program grant application in the amount of $59,880 for installing a sidewalk on Avenida Bermudas between Avenue 52 and Calle Estado. The City Council was informed that the total cost of the proposed sidewalk improvements was estimated at $74,850 and that the City's match would be funded with the RDA Project Area No. 1 Funds (Account Number 401-000-493-000) set aside for sidewalk improvements in the City's 2003-2004 CIP. On July 22, 2003, the City received notification that the Riverside County Transportation Commission (RCTC) approved $52,887 for use in installing Sidewalk Improvements on Avenida Bermudas. On August 19, 2003, the City Council appropriated $205,206 from Gas Tax Funds and directed staff to implement the 2003/2004 Annual Pavement Preservation and Maintenance Program. The funding is for pavement rehabilitation on Madison Street, from Vista Bonita to Avenue 52, and on Madison Street, from Avenue 56/Airport Boulevard to 2,640 linear feet north of Avenue 56/Airport Blvd. S:\CityMgr\STAFF REPORTS ONLY\C 5.doc 2 76 The proposed Fiscal Year 2003/2004 Miscellaneous Street Improvements include: Project Area No. 1 - Avenida Bermudas Sidewalk Improvements (Avenue 52 to Calle Estado) The proposed improvements include installing a 6-foot wide concrete sidewalk on the east sidle of Avenida Bermudas, from Avenue 52 to Calle Estado, approximately 745 linear feet. The project will include installing 13 handicap access ramps and approximately 745 linear feet of 2" electrical conduit with 10 pull boxes and 10 pole base foundations. The electrical conduit, pull boxes, and pole base foundations will be appropriately placed to allow for the future installation of decorative walkway lighting. Project Area No. 2 - Madison Street Rehabilitation (Avenue 52 to Vista Bonita) The proposed improvements include rehabilitating the pavement within the existing 12' travel lane on the west side of Madison Street from Avenue 52 to Vista Bonita, approximately 2,640 linear feet to the north. The design engineer will review the existing pavement condition, remediation method and project limit recommendations from the Pavement Management Program in order to determine the most appropriate and cost effective pavement rehabilitation method. Project Area No. 3 - Madison Street Rehabilitation (Avenue 56/Airport Boulevard to approximately 2,640 linear feet north) The proposed improvements include the rehabilitation of the pavement within the two southbound travel lanes, (32 feet wide) on the west side of Madison Street from Avenue 56/Airport Boulevard to approximately 2,640 linear feet north. The design engineer will review the existing pavement condition, remediation method and project limit recommendations of the Pavement Management Program in order to determine the most appropriate and cost effective pavement rehabilitation method. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. In accordance with Resolution 96-80, the City Council is notified of the potential need to contract for professional services in excess of $10,000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: ■ Tim Jonasson, P.E., Public Works Director/City Engineer ■ Steve Speer, P.E., Assistant City Engineer ■ Nick Nickerson, Project Manager S:\CityMgr\STAFF REPORTS ONLY\C 5.doc 3 Contingent upon City Council authorization to distribute the attached RFP (Attachment 1) on November 4, 2003, the following represents how the project is scheduled to proceed: Issue RFP Proposal Due Date Consultant Selection Process Recommendations to City Council Project Design (6 months) FINDINGS AND ALTERNATIVES: November 5, 2003 December 3, 2003 December 4 - December 31, 2003 January 6, 2004 January - June 2004 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Fiscal Year 2003/2004 Miscellaneous Street Improvements, Project No. 2003-07 and appoint a Consultant Selection Committee; or 2. Do not authorize staff to distribute a Request for Proposals to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Fiscal Year 2003/2004 Miscellaneous Street Improvements, Project No. 2003-07 and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, dmothy R. on n, P.E. Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposal (RFP) 4 CITY OF LA QUINTA REQUEST FOR PROPOSAL FISCAL YEAR 2003/2004 MISCELLANEOUS STREET IMPROVEMENTS PROJECT NUMBER 2003-07 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications and engineer's estimate (PS&E) for the Fiscal Year 2003/2004 Miscellaneous Street Improvements, City Project No. 2003-07. General Design Parameters The design consultant will be responsible for providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions for each of the following project areas. Samples of these specification documents are available for review within the City of La Quinta Public Works Department. Project Area No. 1 - Avenida Bermudas Sidewalk Improvements (Avenue 52 to Calle Estado) The proposed improvements include installing a 6-foot wide PCC sidewalk on the east side of Avenida Bermudas, from Avenue 52 to Calle Estado, approximately 745 linear feet. The project will include installing 13 handicap access ramps and approximately 745 linear feet of 2" electrical conduit with 10 pull boxes and 10 pole base foundations. The electrical conduit, pull boxes, and pole base foundations will be appropriately placed to allow for the future installation of decorative walkway lighting. The project vicinity map is attached. Project Area No. 2 - Madison Street Rehabilitation (Avenue 52 to Vista Bonita) The proposed improvements include rehabilitating the pavement within the existing 12 travel lane on the west side of Madison Street from Avenue 52 to Vista Bonita, approximately 2,640 linear feet. The structural section of existing pavement is believed to be 2" of AC over native soil. The design engineer will be expected to core the existing pavement section to determine pavement thickness and recommend the most appropriate and cost effective pavement rehabilitation method. The design engineer should assume 4 core samples in evenly spaced intervals. A project vicinity map is attached. Project Area No. 3 - Madison Street Rehabilitation (Avenue 56/Airport Blvd. to approximately 2,640 linear feet north) The proposed improvements include rehabilitating of the pavement within the 2 southbound travel lanes, (32 feet wide) on the west side of Madison Street from Avenue 56/Airport Blvd. to approximately 2,640 linear feet north. The design engineer will be expected to core the existing pavement section to determine pavement thickness and recommend the most appropriate and cost effective pave ent 73 S:\CitvM4r\STAFF REPORTS ONLY\C 5 RFP.doc Paae 1 of 6 rehabilitation method. The design engineer should assume 4 core samples in evenly spaced intervals. In addition, the design engineer shall evaluate the use of either ARHM or AC hot mix. A project vicinity map is attached. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, and base map preparation. • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications and engineer's estimates of probable construction costs. ■ Project Specifications and Bid Documents will likely include a detailed project description for each project area, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets specific to the three project areas. • Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review The Concept Review: Consultant submits background sheets showing preliminary geometric layout. If the project involves street work, the plan set must contain plan view depicting geometric layout of traffic lanes. Curve and taper information must be shown, but signage and striping type detail are not required. If permagent Ee�J S:\CitvMor\STAFrF REPORTS ONLY\C 5 RFP.doc Paae 2 of 6 electric power is required on the project, IID's approved power source shall be shown on the plan. All utility conflicts must be noted at this time, so advance preparations for clearing the utilities can begin. It should be noted that the "concept review" stage frequently involves revisions and re -submittal before the consultant is authorized to proceed to the next stage. Getting the concept correct is a critical aspect to efficiently completing a custom design. (2) 2nd Review - 85-90% Check Plans & Specs The 85-90% Check: The consultant submits a complete set of plans with ALL SHEETS included in the plan set and a complete set of specifications. It is permissible to omit some detailing, but plan sheets and specification sections representing all disciplines must be submitted in the 2nd Review. Although the 85-90% figure suggests the design phase is nearly done, a more realistic perspective with respect to "calendar time" allowed for the design phase is 67%. Although the consultant's work is nearly 90% complete and winding down at this juncture, this milestone marks the point at which City staff begins to expend more time in verifying the design, confirming the quality of the plans and specifications, and conferring with stakeholders in the project. While in theory only 10% of the design remains, this portion of the design phase is "process" intensive and consumes calendar time. (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate The 100% Check: This review is exactly what it implies. This submittal includes everything complete in final form (no mylars) that the consultant believes is necessary to construct the project. This submittal is the City's first opportunity to review that premise. The consultant should submit plans that have been carefully reviewed by its organization for completeness and accuracy. The project specifications and engineer's estimate should be equally complete. (4) 4th Review - Preliminary Final (screen check) Screen Check: In a perfect world, City staff has caught every error of importance in the 3rd Review, and the consultant has appropriately addressed all issues raised in the 3rd check so the Preliminary Final PS&E is found suitable for publication. If the perfect world premise holds, no revisions will be required. B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the City Council for approval. D. All approved plans will `'be provided to the City on compact disk in 81 7 S:\CitvMar\STAFF REPORTS ONLY\C 5 RFP.doc Paae 3 of 6 AutoCAD 14 format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before December 31 200$ at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. g 840 S:\CitvMar\STAFF REPORTS ONLY\C 5 RFP.doc Paae 4 of 6 C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting January 1, 2004 as the start date. The City Council meets the 1 st and 3rd Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. RK 9 S:\CitvMar\STAFF REPORTS ONLY\C 5 RFP.doc Pape 5 of 6 CITY OF LA QUINTA COST PROPOSAL SHEET FISCAL YEAR 2003/2004 MISCELLANEOUS STREET IMPROVEMENTS PROJECT NUMBER 2003-07 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Fiscal Year 2003/2004 Miscellaneous Street Improvements and will be used as the basis for negotiating a Professional Services Agreement: Project Area Total Fixed Fee 1. Bermudas Sidewalk Improvements 2. Madison Street Rehabilitation (Avenue 52 to Vista Bonita) 3. Madison Street Rehabilitation (Avenue 56 to 2,640 LF N.) TOTAL LUMP SUM FIXED FEE: 1 $ Attached herein is a detailed man-hour and fee breakdown for each of the project areas by task and sub -task as defined within our proposal. Prime Consultant Date Signed E4 SACitvMQr\STAFF REPORTS ONLY\C 5 RFP.doc Paae 6 of 6 10 ,q AVENIDA LA FONDA VICINITY M; �q a ENIDA LA FONDA Jr AVENIDA MONTEZUMA 46 ft CALLE E STO�bO 4f CALLE ESTADO J. A O4LL �' loil. 436* i CA D' p m z > 410- cn CALLE HIDALGO AL- %LLF 4�. SAICELONA .4 _e "A 1 11,10 3 LE AIiG4 dam, Ira ,Ire SINALOA lookmFiffamPT-ft Ae" *op tk PPM �VENUE52 "ww Ar 'S CITY OF LA QUINTA FISCAL YEAR 2003/2004 MISCELLANEOUS STREET IMPROVEMENTS MADISON STREET [AVENUE 52 TO VISTA BO N'TA) PROJEOT DES ;RIPTION: PAVEMENT REHABILITATION WITHIN EXISTING SOUTHBOUND TRAVEL LANE ON THE WEST SIDE OF MADISON STREET FROM AVENUE 52 TO VISTA BONITA. VICINITY MAP CrA Engineering Traffic E ano eying Project i�anogemait Contract MminidmUon Consulting 68-955 Adelino Road Cathedral City, CA 92234 760 323-5344 760 323-5699 (fax) 12 G0 CITY OF LA QUINTA FISCAL YEAR 2003/2004 MISCELLANEOUS STREET IWROYEM ENTS MADISON STREET PAYE'MENT REHABS.ITATIOPI 1AYENIL E 68/AIRPORT BLVD TO 20640 LF NORM PROJECT DESCRIPTION: PAVEMENT REHABILITATION OF THE EXISTING PAVEMENT WITHIN THE TWO (2) SOUTHBOUND TRAVEL LANES (32' WIDE) ON THE WEST SIDE OF MADISON STREET. VICINITY MAP Traffic ErEginesting Project Management Contract AdminMmtion Lilting ►delina Road City, CA 92234 S-5344 --I _ _�-5699 (fax) 8w 13 COUNCIL/RDA MEETING DATE: November 4, 2003 AGENDA CATEGORY: ITEM TITLE: Approval of Fiscal Year 2003 Local Law BUSINESS SESSION: Enforcement Block Grant (LLEBG) Advisory Board's rI CONSENT CALENDAR: Recommendation for Expenditure of Grant Funds STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Fiscal Year 2003 Local Law Enforcement Block Grant (LLEBG) Advisory Board's recommendation for expenditure of grant funds. FISCAL IMPLICATIONS: The City was awarded $19,218 by the U.S. Department of Justice and must provide a cash match of $2,135. Funds are available within Polices Services, Account #101-301-609-575 (Special Enforcement Funds) to pay for the match. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 6, 2003, Staff submitted an LLEBG Fiscal Year 2003 application (Attachment 1) requesting receipt of the City's eligible grant award ($19,218). On August 20, 2003, the City received notification from the Department of Justice that the City's application has been approved in the amount requested (Attachment 2). A copy of the grant Award Letter is provided as Attachment 3. The grant award was accepted and confirmed on-line on September 2, 2003 (Attachment 4). This grant program requires that, following acceptance of the grant award, the City's LLEBG Advisory Board conduct a public hearing on the proposed expenditure of funds. In accordance with the terms of the grant award, the City previously appointed an Advisory Board (administratively in accordance with the grant program) and conducted a public hearing on October 29, 2003. The Advisory Board unanimously approved the La Quinta Police Department's recommendation to use the grant funds to purchase a 2004 BMW motorcycle. In accordance with the grant program, the City Council must consider the Advisory Board's recommendation so that the City can begin accessing the grant funds. Following approval by the City Council and final approval by the Department of Justice, the La Quinta Police Department can initiate the purchasing process for the motorcycle. The equipment purchased with the grant funds will become the property of the City and will be labeled with City property stickers. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the LLEBG Advisory Board's recommendation for expenditure of the grant funds; or 2. Do not approve the LLEBG Advisory Board's recommendation for expenditure of the grant funds; or 3. Provide staff with alternative direction. Respectfully submitted, Terry D ringer, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. FY 2003 LLEBG Application 2. Notification of Approval of Grant Application 3. Award letter 4. Accept Award Confirmation �4 Local Law Enforcement Block Grants - LLEBG Introduction ATTACHMENT 1 FY 2003 Local Law Enforcement Block Grants Program ' Y La Quinta City, CA Application Award RFD Grant Changes Final Grant Report Correspondence Switch to Grant Handbook View Only View Application Help/Frequently Asked Questions LLEBG Home Loa -Off Application was submitted on August 06, 2003 01:40:05 PM EDT. Click here to print a copy. . LLEBG FY 2003 Application Date Certified : 06-AUG-03 Date Submitted : 06-AUG-03 Jurisdiction Information Jurisdiction: County: State: CDFA Number: La Quinta City RIVERSIDE CALIFORNIA 16.592 Budget Information Eligible Award Amount: Final Award Match Amount: Matching Funds Amount: Description: $19 218 State and Local $2,135 Government Units $19,218 CEO Information Title: Name Last Name: First Name City Manager Prefix: Genovese Thomas Mr. Address: Telephone: Fax: Email: City of La Quinta PO Box 1504 (78-495 Calle Tampico) (760) 777- (760) 777- 7101 tgenoves c@la- La Quinta, CA 92253-1504 7035 quinta.org Program Contact Information Title: Name Last Name: First Name: Management Assistant Prefix: Terry Deeringer Ms. Address: Telephone: Fax: Email: P. 0. Box 1504 (760) 777- La Quinta, CA 92253-1504 (760) 777- 7101 tdeering@la- 7041 quinta.org Application Details Date Agreed to Trust Fund Requirement: Applicant is Compliant: 06-AUG-03 Yes Date Agreed to SPOC Requirement: Date Agreed to SAA Review 06-AUG-03 Requirement: 06-AUG-03 Date Agreed to Certifications: Date Agreed to Assurances: I 06-AUG-03 06-AUG-03 3 90 https://grants.ojp.usdoj.gov/llebgs//Ilebg2000.11ebg_ nain.app read—only?p bgid=5 ATTACHMENT 2 Office of the Director August 20, 2003 Mr. Genovese City Manager, La Quinta City City of La Quinta PO Box 1504 (78-495 Calle Tampico) La Quinta, CA 92253-1504 U.S. Department of Justice N Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 RE: Fiscal Year 2003 Local Law Enforcement Block Grants Program Dear Mr. Genovese: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2003 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $19,218 for La Quints City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's Programs Office at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with La Quinta City in furtherance of this important criminal justice program. Sincerely yours, L9V C. Camille Cain Acting Director Attachments 91 4 ATTACHMENT 3 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS AWARD OJP [ X BJA OJJDP r GRANT PAGE 1 OF 7 BJS NIJ OVC COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX 1. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2003-LB-BX-0559 La Quinta City City of La Quinta 5. PROJECT PERIOD: FROM 10/01/2002 TO 09/30/2004 PO Box 1504 (78-495 Calle Tampico) La Quinta, CA 92253-1504 BUDGET PERIOD: FROM 10/01/2002 TO 09/30/2004 IA. GRANTEE IRSNENDOR NO. 953740431 6. AWARD DATE 08/20/2003 7. ACTION X Initial 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER Supplemental 2A. SUBGRANTEE IRSNENDOR NO. 9. PREVIOUS AWARD AMOUNT $0'00 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $19,218 11. TOTAL AWARD $19,218 FY 2003 Local Law Enforcement Block Grants 12. SPECIAL CONDITIONS (Check, if applicable) ❑THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH X ON THE ATTACHED 6 PAGES 13. STATUTORY AUTHORITY FOR GRANT ❑TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S.C. 5601, ET. SEQ., AS AMENDED VICTIMS OF CRIME ACT OF 1984,42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED OTHER (Specify): Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: THIRD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15. METHOD OF PAYMENT CREDIT YES ❑X NO THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF AGENCY APPROVAL . GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18, TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL C. Camille Cain Thomas Genovese Acting Director City Manager Bureau of Justice Assistance 17. SIGNATURE OF APPROVING OJP OFFICIAL 19. SIGNATURE OF AUTHORIZED GRANTEE 19A. DATE AGENCY USE ONLY 21. L18M14 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV• L102UO0559 YEAR CODE ACT. OFC. REG. SUB. POMS X B LI 80 00 00 OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE V4W Accept Award Confirmation ATTACHMENT 4 e FY 2003 Local Law Enforcement Block Grants Program La Quinta City, CA Application Award RFD Grant Changes Final Grant Report Correspondence Switch to Award Handbook Accept Award Confirmation Congratulations! You have accepted your jurisdiction's FY 2003 LLEBG Award and Overview its corresponding special conditions. Review CEO Information FY 2003 LLEBG Final Award Amount: $ 19,218.00 Matching Amount: $ 2,135.00 Accept Award LLEBG Award Number: 2003-LB-BX-0559 View Award Document LLEBG Award Date: 20-AUG-03 Financial. Institution Information Remember, acceptance of this Award and special conditions DOES NOT result in an automatic payment of LLEBG funds. You must submit the RFD in order to receive Decline Award funds, and you must submit it within 90 calendar days from the award date. You may begin the RFD process now by clicking on the RFD Tab above. Help/Frequenter Asked Click here to view and print your official FY 2003 LLEBG Award documents and Questions special conditions. LLEBG Home Log -Off 93 a bttnc-//orantq_oin.ii«lei.¢ov/llebg,-;//llehg2066.award.accent award confirmation AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 4, 2003 BUSINESS SESSION: ITEM TITLE: Approval of a Final Map and Subdivision Improvement Agreement for Tract No. 30651, Quarry CONSENT CALENDAR. Ranch, Quarry Ranch, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a Final Map and Subdivision Improvement Agreement (SIA) for Tract No. 30651, Quarry Ranch, Quarry Ranch, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 30651 is generally located west of Jefferson Street and south of Quarry Lane (Attachment 1). This residential subdivision will consist of 28 single-family lots, along with miscellaneous common and golf course lots on approximately 75 acres. On September 17, 2002, City Council approved Resolution No. 2002-135 for Tentative Tract Map No. 30651. The new Tract Map being developed by Quarry Ranch, LLC, was conditionally approved at the August 19, 2003 City Council meeting. The Developer failed to finalize and submit all the required documents within the 30-day conditional approval period ending September 18, 2003. The developer has submitted the Final Map (Attachment 2) in substantial compliance with the Tentative Map, a signed Subdivision Improvement Agreement and provided 9'1 S:\CitvMar\STAFF REPORTS ONLY\C 7.doc security for all public improvements (Attachment 3) in order to satisfy the requisite submittal requirements prior to approval of the Final Map. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Final Map and Subdivision Improvement Agreement for Tract No. 30651, Quarry Ranch, Quarry Ranch, LLC; or 2. Do not approve the Final Map and Subdivision Improvement Agreement for Tract No. 30651,Quarry Ranch, Quarry Ranch, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, w iz imothy R. Pona n, P. E. Public Wor s Director/ City Engineer Approved for submission by: rz- Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 ) IS ATTACHMENT 1 `j/ ^ 0"1 3 ATTACHMENT 2 i w KID 141141 U-1e1i 11ll�. �•.�• TA b% II �I �:�illiillil aihrr�1.wIN06-4 ►rW4wwrrrr1-bW-4 rP4W-4 �II11ItMI11111IM1111111I111111111 �Itillllll�Ill gaIN■beIDOIksaa11�111 a s Sc 81 e i 6 91 k(v .,d b VA `W fit asp I �..M Ila ` �34 a ��Aiiii► M7M —� scar 8i107 — • •• awr �Ld w IM I�IIIIiIIl�IIt���i�i1�I�111IiMiIII�II .� �I1i111��11rI1��111�rI111itlr�r��i111 A: :•� _`�rr�`�rrr��ri.rrrr►.rrrrn....rrrrurrrrr ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 30651 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between Quarry Ranch, LLC, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30651 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal- of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 1 �� 11 SIA 30651 ONSITE Page 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any .creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a. collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements., 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of I ell 5 SIA 30661 ONSITE 12 Page 2 of 7 warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance. stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, Agranty SIA 30651 ONSITE Page 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any, phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider: In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maigure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 14 1 � SIA 30651 ONSITE Page 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvem@nt Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City.Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 1 1 �s 15 SIA 30651 ONSITE Pape 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: Quarry Ranch, LLC 78-030 Calle Barcelona, Suite A La Quinta, CA 92253 (7E By Titl ( 0 /1 e By: �1 Io,--`"1 1' 3 Title: � w M..� Date Reviewed and Approved: City Engineer Approved as to Form: Date City Attorney SIA 30651 ONSITE Date 16 Page 6 of 7 Exhibit A SECURITY — TRACT NO 30661 ON SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten: percent (10%) of the total performance security for the tract and shall not reduce total 'performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements Domestic Water Sanitary Sewer Monumentation Subtotal of Improvements Professional Fees, Construction (10%) Subtotal of Improvements & Applicable Contingencies Standard Contigency (10%) Grand Total (Bond Amount) $ 321,744.00 $ 321,744.00 $ 199,430.00 $ 199,430.00 $ 129,980.00 $ 129,980.00 $ 12,500.00 $ 12,500.00 $ 663,654.00 $ 663,664.00 $ 66,365.40 $ 66,365.40 $ 730,019.40 $ 7309019.40 $ 73,001.94 $ 73,001.94 $ 8039021.34 $ 8039021.34 SIA 30651 ONSITE 17 11.0 Page 7 of 7 04-03-03 15:(T from- RALNICK �ILLILAND +40888303 T-438 P.01/01 f-438 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS County of Y �. �e � � T a On before me, Q l%� ala , ry]n0 XW Pipe Of cwce. (e.J "how Dw. WOvry OWNIC') personally appeared Axory+1) IAJ h..nro(,) w 5FM"t-)" ersonally known to me KENDALE TRAHAN : proved to me on the paws of satisfactory Commission It1386587 eviUence Lq��Notary Public - California Riverside County My Comm. Expires Nov 23, 2006 to be the person(s) whose names) is/are subscribed to the within osuument and acknowledged to me that he/she/they executea the Fame In his/har/then authorized capac)ty(ies), ana that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of nrhich ine person(s) actea, executed ine instrument. VVITNfiSS r hand and oft ral 1 S-V woo of notary r me OPTIONAL. ��• Though the duomiauon ueluw tS nor rltqurreU Gy law. a may prover vatuabia to persom toying on the doCumewtt anu Cuula prevani traudulant removal ana raawhment of rns torm to another 00CLintanr. Description of Attached Document True or Type of Document - Document pate „ Numoe) of Pages. Signer(s) Other Than Named Above. GapacitAies) Claimed by Signer Signer's Name -___ _. �- individual I., Corporate Officer — Title(s): _ 1 Panner Limited General I Attorney -in -Fact .-j Trustee Guardian or Conservator Oinec Signer is Representing: s...�...�..�.�: L-f-- : ON, � +.. .'� .�a�=roc ...` '. '�cs+ �'�i.S�01 640v CX--I G"O'��'.X�NOtr�.:.1QAQC r 1 M "OUM31 nooty A-_OGapon • psSU Ue Sulu Me .,100 Bey 2-02 • Gn=wOnn. CA a is I i k4W 9 .n... nat.ld Wuuldly w J P100 no IN907 q,CHTTHIiMMp► hY CF SIGNER Reunta Cep lu0-Flea t ow-e7"27 04-03-03 15:83 from-GURALNICK GILLILAND +780H83053 T-438 P.02/02 F-438 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of 0 1 V ✓' _. On _ before me, CA A Q 40 a r ano am ran o1 ONco. (e•9 -jam P&-. roory F%ac•j personally appeared _ h4tw(b) w &Vkxt-1 ±_pally known to me proved to me on the oasis of satisfactory evidence KENDALE TRAHAN O Commission # 1386587 Z Notary Public - CaliforniaDRiverside County My Comm. Expires Nov 23, 2006 to be the persons), whose name(s) is/are subscnbed to the within tsttumem and acknowledged to me that ne/sherthey executea Me same in his/her/then authon2ed capacrty(jes), ana Max by nrs/her/their signatures) on the instrument the person(s), or the entity upon oehalt of which the person(s) actea, executecl the instrument. W I 5 my hand and ott(c( seat spnatre a Nowy wort OPTIONAL Though the snlommon tJ!lluw #4 not ipgwrea vy raw it mar prove) Wiluavb to persons taly+ng on the documdmt srw cuula prevant trauduldmt rdnwva! aura r UPChMnr of mis 10117110 anolhdr ooc01011 Description of Attached Document True or Type of Document - Document Date Numoef of Pages. Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name r Individual Tciij ui uwnw rae I .. Corporate Officer — Title(s): 1 Partner — Limited - General I Attorney-m-Fact .-j Trustee J `Guarcion or Conservator Otnet : Signer is Representing: c i M www Nmry suave wn • HISU Do SOW A.e .. P O Buy ?�0? • c,1�e�+orm, u y i s i e • wti... newn.p�n.uy w Pica No 5907 Fukdom C.a lu*fivo t *W476-5827 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 30651 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day o 20 by and between Quarry Ranch, LLC, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30661 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall fumish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be -constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security,11shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 20 113 Page 1 of 7 SIA 30651 OFFSITE B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of A or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurers office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the. agreement with which it is provided and shall state, on its face, that the letter of credit. will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdividers expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer.* The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 114 SIA 306SI OFFSITE 21 Page 2 of 7 warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there. are one or more outstanding requests by City for J performance of work or provision of materials under the terms of the warranty, vgyranty SIA 30651 Off SITE Page 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Mai9ure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 110"I 23 SIA 30651 Off SITE Page 4 of 7 Upon receipt of said request, the City. Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of. emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 24 Page 5 of 7 111,7 SIA 30651 OFf'SITE C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and•interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City erklC Date SUBDIVIDER: Quarry Ranch, LLC 78-030 Calle Barcelona, Suite A La Quinta, A 92253 (760) 776 0 0 By' Date Title. By. Date Title. Reviewed and Approved: City Engineer Approved as to Form: Date City Attorney SIA 30651 OFFSITE Date 25 118 Page 6 of 7 i Exhibit A SECURITY — TRACT NO 30651 OFF -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements (Jefferson Street & Cahuilla Park Road Improvements) * $ 89,860.00 Sidewalk * $ 48,416.00 Equestrian Trail * $ 20,000.00 Perimeter Landscaping * $ 26,243.00 Subtotal of Improvements $ 184,519.00 $ - Professional Fees, Construction (10%) $ 18,451.90 $ - Subtotal of Improvements & Applicable Contingencies $ 202,970.90 $ - Standard Contigency (10%) $ 201297.09 $ - Grand Total (Bond Amount) $ 223,267.99 $ - * - Participatory Work 26 113 SIA 30651 OFFSITE Page 7 of 7 04-03-03 15:OT From-MALNICK GUL1i.AND T-438 P.02/02 F-436 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State or California S5 County of On before me, -� j"' Is ry]eroam I -me al Iue. (e.J -r.aW DO, N LVY 0.0cy personally appeared 1.0 1 a .. Aori^D `Lt/ 14, 1 bj w knit) eisonally known to me proved to me on the pasts of satisfactory evidence KENDALE TRAHAN Commission # 1386587 z ; ..,� Notary Public -California D Riverside County My Comm. Expires Nov 23, 2006 to be the person(s) whose name(s) is/are SubsCnbed to the within knstiument and acknowledged to me that he/she/Mey executea the same rn hls/har/their authorized capacity(ies), aria that by his/hedtheir signature(s) on the instrument the person(s), or the enuty upon behalf of which the persons) actea, executed the instrument. w T SS my, hand and oft ial se JALa 1-- 'Y s.g UUND or Notary r•WONC OPTIONAL Tnough the rnlormation uuluw is not ipqurteq oy law. it may provd vatuavid to persons relying on the awumwit and Cuula prevent trauduldnr rernoval aria reattachment of ruts torm to anolhdr wcuntdnt. Description of Attached Document Tsue or Type of Document, Document pate Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name _ f - Individual I.- Corporate Officer —Tstle(s): : 1 Panner — F— Limited ` General —I Attorney -in -Fact .-i Trustee -J. Guardian or Conservator Omer. Signer Is' Represenang: Numoei of Pages. .c�:�.c�,-.zv.s.'V1.74.: h:�3�-��1..4+..-s- �."�'".K=i�'n.`CrG'�.'.v�L'c's:�t;'�:'i�3�i�it,Lt:��.�JG"�"'�.!•`_'��i.`��,�e:;,"' c 1299 143uuw NopN P-Mc aeon • BSSU De Soto Avg.. PO Byx ?mot)? C,p�e..orm. CA s i s esU • w�.w naauI.HRAMy wy Proa M 5901 A!0RT1H11MG A' Y OF SIGNER Ro.rtoa Cote 1UN-Flee 1 oW876-6037 !0 1 4,.r 27 04-03-03 15:07 ErwMALMICK GILLILAND +7605683053 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T-438 P.02/12 f-438 State of Cal)torrna County of ss On -C 2a before me, n"JIX Dq(v = na"o am r U iMe of �t:e. (e.� - /.Ow ram►, tralvr NrOMCy pe(sonmy appeared I QLd � 4S Nsi%4i) N 8ynur(=)^ rsonaily known to me proved to me on the Gass of satisfactory evidence KENDALE TRAHAN Commission # 1386587 z z . »,�,. Notary Public - California ; Z ' `'�.• Riverside County My Comm. Expires Nov 23, 2006 to be the person(s) whose name(s) is/are subscribed to the within insttument and acknowledged to me that he/she/they executea the same, to hts/harlthetr authonZW capacity(tes), ana chat by his/her/their signature(s) on the instrument the person(s), or the entity upon oehalt of which the person($) acted, executed the instrument. W T S my hand and oft) at s 624, sgnatwe or notary r "C OPTIONAL Though the rnlormatron um/uyv is not r{tgwre(l Dy taw. of may provd valuabld to pet sons telyrng on the dwurttdtt(anU cuuto ptevenr trautlulent removal ana rdauschment of tnts torn to anamor cocuniant. Description of Attached Document Title or Type of Document- Document pate Number of Pages. Signer(s) Other Than Named Above. CapacitOes) Claimed by Signer Signer's Name — - Indivtduai I .. ' Corporate Officer — Title(s): 1 Panner — F_ Limited E General —I Attorney -in -Fact .-i Trustee Guardian or Conservator Otnec Signer is Representing: c 1090 n]t on]I rvoory n:soue�on • USU 0e SUM Ave..PO Fig» ?�0? • rp ..ortn, LA 5 t s i � eW1 • whv. nalMret�lUYrry wy Pima no 5901 F ,tC Hi' THllkjnr.8jl1Y OF SIGNER Rauraa Can lu*flvo 1 evi-076-027 28 1:1 COUNCIL/RDA,MEETING DATE: November 4, 2003 ITEM TITLE: Approval of Purchase of H T E Software Licenses and Related Implementation Costs for Phase II of the H T E, Inc. Installation, as Addendum to Current Contract Documents RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the purchase of additional H T E software licenses and corresponding implementation costs for Phase II of the H T E, Inc. installation. Per the existing H T E contract, dated April 1, 2003, modules identified in Phase II include: Human Resources, Work Orders (Public Works), Asset Management, Click 2 Gov software for building permits, business licenses, planning and zoning, and Building Permits Wireless. Staff is also recommending implementation of the Looking Glass application, in lieu of the Purchasing/Inventory module, at a cost savings of $1 1,065. FISCAL IMPLICATIONS: Based upon the current H T E contract (pages 3 and 4 included as Attachment 1) , the City has the option to license Optional Applications and corresponding services listed at fees locked in until December 31, 2003. These fees are for licenses and training on features the City of La Quinta may wish to implement as Phase II of the current H T E software project. The estimated cost of licenses and training for the additional modules and Looking Glass is $105,480, plus actual travel expenses for trainers, based upon the existing contract terms. The annual support cost for the modules is $15,025. The price quote for Looking Glass software is included as Attachment 2. Council approved a continuing appropriation in the amount of $225,000 for Fiscal 2003-2004 for Phase II costs, in the preliminary budget, account 101-153-703-812. Sufficient funds are available to implement the modules. CHARTER CITY IMPLICATIONS: [�rTi"- 1,40 40 BACKGROUND AND OVERVIEW: The City of La Quinta entered into a contract with H T E, Inc. for provision of software, certain hardware, and implementation of City-wide integrated applications, on April 1, 2003. Prior to awarding the contract to H T E, Inc., the City conducted an extensive RFP process. Departments involved with the implementation include Finance, Building and Safety, Community Development, Personnel, Public Works, and Code Compliance. Due to the City-wide integrated nature of the computer system, staff will schedule installation with H T E, Inc. to ensure that H T E travel and training costs, staff training time, and data base set up costs are coordinated project -wide, for maximum cost efficiency. The modules would be purchased and installed at appropriate times, as the City moves ahead with the overall implementation. At present, Cash Receipts, Business Licenses, Building Permits, Payroll, and General Ledger modules are being implemented and data is being transferred to the new system. The target date for these modules to "go live" is January 1, 2004. Once these modules are installed, tested, and running smoothly, related modules would be added to the system in appropriate order. Looking Glass software will integrate with all H T E modules using the City's land data base, enabling mapping based upon layers of data, including permits, zoning, and other items related to a particular piece of property. The City's existing GIS system will be maintained as a necessary part of the data base. H T E, Inc. guaranteed prices through December 31, 2003 on the additional Phase II modules and the Looking Glass quote, and staff seeks purchase authority to take advantage of the cost savings, while scheduling the implementation as most appropriate for the integrated system FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve purchase of H T E software licenses and related implementation costs for Phase II of the H T E, Inc. installation, as addendum to current Contract documents; or 2. Do not approve purchase of H T E software licenses and related implementation costs for Phase II of the H T E, Inc. installation, as addendum to current Contract documents; or 2 3. Provide staff with alternative direction. Respectfully submitted, n M. Falconerf, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Pages 3 & 4 of current H T E, Inc. contract, dated April 1, 2003 2. Price quote for Looking Glass Software ATTACHMENT 1 Third Party Support Services The initial term of Third Party application support services shall commence one hundred twenty (120) days after delivery of the Licensed Programs, and extend for a twelve (12) month term. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period. Application Training Listed above are the numbers of days of training for the Licensed Programs listed Additional application training, if requested by the Customer, can be provided upon request at the standard billing rate in effect at that time. Any fee quoted does not include travel and living expenses. QRep Application Training Each QRep training session consists of one (1) four (4) day -session, which days must be attended consecutively, and is currently priced at $1,500.00 per session per attendee. The training takes place at the HTE Lake Mary, FL, facility. Customer is responsible for all its attendees' costs of travel to and from Lake Mary. Customer also has the option of being trained on site at Customer's location, which consists of one (1) four (4) day -session priced at $1,000 per session per attendee. Project Management Project Management fees will be invoiced in the amounts and under the terms stated above. A mutually agreeable work plan will be created by the HTE Project Manager and the Customer. Additional Project Management, if requested by Customer, will be invoiced at the then current HTE rate. Any fee quoted does not include travel and living expenses. Conversion Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the HTE Systems Change Request (SCR) form which will be prepared for the Customer by the HTE Conversion Team Manager. There will be a Two Hundred Fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty percent (509,-o) payment, which includes the non-refundable processing fee. The final fifty percent (50019) payment is due upon completion. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data field definition. Input data file clean up shall be the responsibility of the Customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is agreed that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. SCR form(s) for any conversion services included in this Supplement are attached for Customer signature and return to HTE along with this Supplement. Scheduled Resource Changes Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training and on -site project management sessions canceled at the request of Customer. Cancellation within seven (7) days of start date, Customer pays fitly percent (500%) of the total price for the training or on -site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on -site project managenwrA. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced 'Third Party Software and Hardware Unless otherwise provided for herein, warranty and maintenance offerings by HTE for its Licensed Programs do not apply to any third party hardware or third party software supplied under this Supplement. HTE does not make any warranties nor provide any source code for any non-HTE products unless otherwise provided herein. The return and refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided herein. It is hereby acknowledged by the parties that HTE VAR is the subcontractor for the Third Party Hardware/Software/Services purchased herein Provisions for the HTE VAR Third Party Hardware are provided in Attachment "A", Master Product Agreement No. 200303127BB01, Attachment "B", Services Agreement No. 20030312BB02, and Attachment "C", Services Agreement No. 20030312BB03, all hereby made attachments hereto by their reference. Optional Applications For the period ending December 31, 2003, Customer has the option to license the Optional Applications and corresponding services listed below at the fees stated. These fees do not include project management, travel and living expenses, or conversions, all of which may be required. In the event that Customer elects to exercise this option, HTE and Customer will enter into written agreement to provide license of Optional Applications and corresponding services to Customer. The HTE Schedule A 3 LAQU 20030089-ScheduleA-revised032103.doc Ver. 09/10/02 3 Revised 3/121g34 interfaces listed below are interfaces only. Customer shall be responsible for obtaining the applicable hardware and system software from the appropriate third party vendor. Upon licensing of the Click2Gov Optional Applications, Customer agrees to meet the requirements of the HTE Click2Gov Hardware Recommendations to be provided at time of contract. Click2Gov Licensed Programs do not include source code. Optional HTE Applications Human Resources - YH License Fees S 10,650.00 Training Fees S 5,000.00 Installation/ Configuration Fees Annual Su rt $ 2,250.00 Work Orders/Facilities Man t - WFJ 20,950.00 11,000.00 4,400.00 Asset M t II - AN 8,700.00 4,000.00 1,850.00 Fleet Mara emeni - FMJ 17,550.00 7,000.00 3,700.00 Planning and Zomin - PZJ 17,300.00 5,000.00 3,650.00 Purchasin nvento - PIJ 16,900.00 8,000.00 3,550.00 Code Enforcement • CEJ 6,550.00 5,500.00 1,400.00 Financials Barcode Interface - BA 5,000.00 1,000.00 1,000.00 Document Imaging Interface inancials) - IE 5,000.00 1,000.00 Document lmagip, Interface (Community Development) - IL 5,000.00 1,000.00 HTE's VSI RecTrac Interface to Cash Re"i is - VI 1,500.00 350.00 Click2Gov Core Module - Kl 2,500.00 $ 2,560.00 450.00 Click2Gov Building Permits - K3 5,000.00 1,280.00 900.00 Click2Gov Business Licenses - K6 5,500.00 1,280.00 990.00 Click2Gov Planning and Zoning - K7 5,000.00 1,280.00 900.00 Click2Gov Purcbasin vmto - K9 5,300.00 1,280.00 960.00 [Building Permits Wireless - KB 4,500.001 1 1,280.00 900.00 Preprinted Terms and Conditions Preprinted conditions and all other terms not included in this Supplement or in the Agreement on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Agreement, and if applicable, this Supplement and the Hardware Purchase Agreement if applicable, shall control unless expressly accepted by HTE in writing to the Customer. The terms and conditions contained in this Supplement, including the prices, will be honored as set forth herein, provided this Supplement is fully executed by March 31, 2003. Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a financing arrangement with any third party. HTE Schedule A Ver. 09/10/02 3 L.AQU-20030o89-SchedulcA-revi%W32103.dw 4 Revised 3/12/03 5 ATTACHMENT 2 A cp O O O O O O O O O W O O O O O d! O C H. H. Hs H H. r. Is1m101m In0EL [NOR] c cca ISO �> J J J J JJ t r.� u a m MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT R DATE: NOVEMBER 4, 2003 SUBJECT: BUSINESS SESSION NUMBER 1: CONSIDERATION OF A MODIFICATION TO THE OPERATING AND USE AGREEMENT WITH THE LA QUINTA HISTORICAL SOCIETY TO OPERATE THE LA QUINTA MUSEUM ON CITY COUNCIL AGENDA Business Session Number 1: Consideration of a Modification to the Operating and Use Agreement with the La Quinta Historical Society to Operate the La Quinta Museum was placed on the City Council and Redevelopment Agency agendas. This item is to be considered by the Redevelopment Agency only. Ins COUNCIL/RDA MEETING DATE: November 4, 2003 ITEM TITLE: Consideration of Adoption of the Coachella Valley Model Dust Control Ordinance, Coachella Valley Dust Control Handbook and Authorize the City Manager to Execute the Memorandum of Understanding with South Coast Air Quality Management District RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve and adopt the Coachella Valley Model Dust Control Ordinance (Attachment 1); and Approve and adopt the Coachella Valley Dust Control Handbook (Attachment 2); and Approve the Memorandum of Understanding (MOU) between the City of La Quinta and South Coast Air Quality Management District (Attachment 3) and authorize the City Manager to execute the MOU. FISCAL IMPLICATIONS: Currently the Public Works Department reviews and responds to complaints of blowing dust within the city limits. In anticipation of the new PM 10 dust control measures, staff requested funding to support a 24 hour a day, 7 day a week response to dust control complaints in the approved Fiscal Year 2003/2004 operating budget. The current approved budget allocates a total of $1 1,750 for a paging service and anticipated overtime and stand-by time to respond to dust complaints. Should there be any other additional costs to implement the proposed Dust Control Ordinance, Handbook or MOU, staff will request additional funding for City Council consideration at a future date. CHARTER CITY IMPLICATIONS: None. S:\CityMgr\STAFF REPORTS ONLY\BS 2.doc BACKGROUND AND OVERVIEW: The Environmental Protection Agency has identified the Coachella Valley as well as other regions in the western United States as potentially hazardous to the -health of the general public based upon readings of suspended particulate matter of 10 microns (PM 10) or less in the air. Average readings greater than 50 micrograms of suspended matter per cubic foot of air over a 24-hour period are considered unhealthy. Previous dust control measures adopted by the South Coast Air Quality Management District (SCAQMD), CVAG and its member jurisdictions during the 1990's proved to be inadequate. In order to comply with federal requirements, the EPA has required that SCAQMD, CVAG and member jurisdictions adopt and implement more stringent dust control measures and management practices. In order to comply with the EPA's requirements, SCAQMD prepared the 2002 Coachella Valley State Implementation Plan (CVSIP). The plan specifies more stringent dust control measures intended to bring the region into a state of compliance with federal regulations. The 2003 version of the plan, which is a purely technical revision to the 2002 CVSIP, was approved by CVAG's Executive Committee at its June 30, 2003 meeting. To meet the plan's requirements, CVAG's member jurisdictions are required to approve these three dust control measures: Coachella Valley Model Dust Control Ordinance; Coachella Valley Fugitive Dust Control Handbook; and enter into the Memorandum of Understanding with SCAQMD. Requirements of the MOU include the following: The City will: • Take lead responsibility for enforcing both local ordinances and approved Fugitive Dust Emission Control Plans. • After April 1, 2004, issue an approved Dust Control Plan only to an operator who possesses a signed "Certificate of Completion" for dust control training, issued by the SCAQMD. • Require securities of two thousand dollars ($2,000) per acre for dust control measures on all projects over 5,000 square feet. Require an Environmental Observer to enforce the dust control plan for all sites over 50 acres. • Require staff responsible for dust control to complete SCAQMD's Coachella Valley Fugitive Dust Control class and have appropriate enforcement status for issuing citations up to a misdemeanor for violations of the dust control ordinance. S:\CityMgr\STAFF REPORTS ONLY\BS 2.doc 2 130 Some key elements required by the Model Dust Control Ordinance are: • Any operator applying for a grading or building permit for a parcel with over 5,000 square feet of disturbed surface must have an approved dust control plan before initiating any earth moving operations. • Track -out from a project site greater than 25 feet from a project site must be removed within one hour. • Sites over 5,000 square feet shall be watered before weed abatement activities and stabilized afterwards. • Owners of private unpaved roads with 20 to 150 Average Daily Trips (ADT) must take measures to reduce speeds to 15 MPH. • Owners of private unpaved parking lots must apply dust suppressants or install and maintain gravel in order to minimize dust emissions. By approval of the new dust control measures, the City shows a good faith effort to comply with the CVSIP in order to achieve the ultimate goal, which is to reach attainment for air quality in the Coachella Valley within a period of 5 years. Public Works staff has worked closely with the other local agencies as well as CVAG to develop language in the MOU and Model Ordinance that meets the requirements of the CVSIP while still being practical to enforce in the field. This MOU and Model Ordinance were both approved by CVAG's Executive Committee on October 27, 2003. Failure to approve the new dust control measures in a timely manner could result in federal and state funding sanctions against the Coachella Valley or the non compliant jurisdiction. In addition to loss of potential funding, failure to approve these measures may result in the EPA directly regulating all potential non compliant sites and jurisdictions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve and adopt the Coachella Valley Model Dust Control Ordinance; approve and adopt the Coachella Valley Fugitive Dust Control Handbook; and approve the Memorandum of Understanding between the South Coast Air Quality Management District and the City and authorize the City Manager to execute the same; or S:\CityMgr\STAFF REPORTS ONLY\BS 2.doc 3 131 2. Do not approve and adopt the Coachella Valley Model Dust Control Ordinance; do not approve and adopt the Coachella Valley Fugitive Dust Control Handbook; and do not approve the Memorandum of Understanding between the South Coast Air Quality Management District and the City and do not authorize the City Manager to execute the same; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. nas Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Coachella Valley Model Dust Control Ordinance 2. Coachella Valley Fugitive Dust Control Handbook 3. Memorandum of Understanding S:\CityMgr\STAFF REPORTS ONLY\BS 2.doc 4 13� ATTACHMENT FINAL VERSION MODEL [)UST CONTROL ORDINANCE COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE Section 100 Purpose The purpose of this ordinance is to establish minimum requirements for construction and demolition activities and other specified sources in order to reduce man-made fugitive dust and the corresponding PM10 emissions. Section 200 Definitions For the purpose of this ordinance, the following definitions are applicable: 1 AGRICULTURAL OPERATIONS are any operation directly related to the. growing of crops, or raising of fowls or animals for the primary purpose of making a livelihood. 2 AQMD is the South Coast Air Quality Management District and the representatives thereof. 3 AVERAGE DAILY TRAFFIC (ADT) is the number of motor vehicles that traverse a given unpaved or paved surface during a specified 24 hour period. ADT levels are calculated as the average daily volume over a specified 48-hour period as determined by the City (County) in consultation with the AQMD. 4 BULK MATERIAL is all sand, gravel, soil, aggregate and other organic and inorganic particulate matter. 5 CHEMICAL DUST SUPPRESSANTS are non -toxic chemical soil binders that are not prohibited for use by the City (County), the California Regional Water Quality Control Board, the California Air Resources Board, the U.S, Environmental Protection Agency (U.S. EPA), or any other law, rule or regulation, used to reduce dust on disturbed surfaces. 6 COACHELLA VALLEY BEST AVAILABLE CONTROL MEASURES (CV BACM) are methods to prevent or mitigate the emission and/or airborne transport of fugitive dust, as identified in the Coachella Valley Fugitive Dust Control Handbook. 7 COACHELLA VALLEY FUGITIVE DUST CONTROL HANDBOOK is the most recently approved reference document by the AQMD that includes a description of fugitive dust control measures, guidance for preparation of Fugitive Dust Control Plans, notification forms, signage provisions, and test methods. 8 CONSTRUCTION ACTIVITIES are any on -site activities preparatory to or related to the building, alteration, rehabilitation, or improvement of property, including, but not limited to the following activities; grading, excavation, trenching, loading, vehicular travel, crushing, blasting, cutting, planning, shaping, breaking, equipment staging/storage areas, weed abatement activities or adding or removing bulk materials from storage piles. 9 DEMOLITION ACTIVITIES are the wrecking or taking out of any load - supporting structural member of a structure or building and related handling operations or the intentional burning of any structure or building. 10 DISTURBED SURFACE AREA is any portion of the earth's surface (or material placed thereupon) that has been physically moved, uncovered, 6 COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE destabilized, or otherwise modified from its undisturbed native condition (including vehicular disturbances) thereby increasing the potential for the emission of fugitive dust. This definition does not include land that has been restored to a native condition, such that the vegetative ground cover and soil characteristics are equal to surrounding native conditions. 11 EARTH -MOVING OPERATIONS are the use of any equipment for an activity where soil is being moved or uncovered. 12 FINISH GRADE is the final grade of the site that conforms to the approved grading plan. 13 FUGITIVE DUST is any solid particulate matter that becomes airborne, other than that emitted from an exhaust stack, directly or indirectly as a result of human activities. PM10 is a subset of fugitive dust and is defined as particulate matter with an aerodynamic diameter of 10 microns or less. 14 FUGITIVE DUST CONTROL PLAN is a document that describes fugitive dust sources at a site and the corresponding control measures and is prepared in accordance with the guidance contained in the Coachella Valley Fugitive Dust Control Handbook. 15 HIGH -WIND EPISODE is when wind speeds exceed 25 miles per hour as measured by: A. the closest AQMD monitoring station, or B. a certified meteorological monitoring station, or C. an on -site wind monitor calibrated and operated on -site in accordance with the manufacturer's specifications with a data logger or strip chart. 16 OPERATOR is any person who owns, leases, operates, controls, or supervises any potential fugitive dust generating operation subject to the requirements of this ordinance. This definition includes any person who has been officially designated by a property owner as the person responsible for fugitive dust control at a site, as indicated in an approved Fugitive Dust Control Plan. 17 PAVED ROAD is an improved street, highway, alley, public way, or easement that is covered by roadway materials (e.g., cement, asphalt or asphaltic concrete). 18 PHYSICAL ACCESS RESTRICTION is any barrier, including but not limited to; curbs, fences, gates, posts with fencing, shrubs, trees, or other measures that are effective in preventing vehicular and Off -Highway Vehicle (OHV) use of a specified site. 19 SILT is any bulk material with a particle size less than 75 micrometers in diameter that passes through a Number 200 sieve as determined by American Society of Testing and Materials (ASTM) Test Method C 136 or any other test method approved by the U.S. EPA and AQMD. 20 SITE is the real property on which construction, demolition, or other activities subject to this ordinance may occur. 2 7 COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE 21 STABILIZED SURFACE is any portion of land that meets the minimum standards as established by the applicable test method contained in the Coachella Valley Fugitive Dust Control Handbook. 22 STORAGE PILE is any accumulation of bulk material with a height of three feet or more and a total surface area of 300 or more square feet. 23 UNPAVED PARKING LOT is an area utilized for. parking vehicles and associated vehicle maneuvering that is not covered with roadway materials (e.g., cement, asphalt or asphaltic concrete). 24 UNPAVED ROAD is any service roads, internal access roads, heavy and light duty equipment paths and other roadways which are not covered by typical roadway materials (e.g., cement, asphalt, asphaltic concrete). 25 TEMPORARY UNPAVED PARKING LOTS are those used less than 24 days per year. Section 300 Performance Standards and Test Methods All performance standards and test methods referenced in this ordinance shall be based on the methodologies included in the Coachella . Valley Dust Control Handbook. Section 400 Control Requirements 410. Work Practices — All Fugitive Dust Sources 1 No operator shall conduct any potential dust -generating activity on a site unless the operator utilizes one or more Coachella Valley Best Available Control Measures, as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. 2 Any operator involved in any potential dust -generating activity on a site with a disturbed surface area greater than one acre shall, at a minimum, operate a water application system as identified in the Coachella Valley Fugitive Dust Control Handbook, if watering is the selected control measure. Performance Standards and Test Methods 3 No person subject to the requirements contained in Section 410.1 shall cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line. 420. Construction and Demolition Activities 1 Any operator applying for a grading permit, or a building permit for an activity with a disturbed surface area of more than 5,000 square feet, shall not initiate any earth -moving operations unless a Fugitive Dust Control Plan has been prepared pursuant to the provisions of the Coachella Valley Fugitive Dust Control Handbook and approved by the City (County). 8 1vO COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE 2 A complete copy of the approved Fugitive Dust Control Plan must be kept on site in a conspicuous place at all times and provided to the City (County) and AQMD upon request. 3 Any operator involved in demolition activities shall comply with AQMD Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities) requirements, and the requirements of Title 40, Part 61 of the code of Federal Regulations. 4 Any operator involved in earth -moving operations shall implement at least one of the following short-term stabilization methods during non -working hours: A. maintaining soils in a damp condition as determined by sight or touch; or B. establishment of a stabilized surface through watering; or C. application of a chemical dust suppressant in sufficient quantities and concentrations to maintain a stabilized surface. 5 Within 10 days of ceasing activity, an operator shall implement at least one of the following long-term stabilization techniques for any disturbed surface area where construction activities are not scheduled to occur for at least 30 days: A. revegetation that results in 75 percent ground coverage provided that an active watering system is in place at all times; or B. establishment of a stabilized surface through watering with physical access restriction surrounding the area; or C. use of chemical stabilizers to establish a stabilized surface with physical access restriction surrounding the area. 6 Any operator shall remove all bulk material track -out from any site access point onto any paved road open to through traffic: A. within one hour if such material extends for a cumulative distance of greater than 25 feet from any site access point; and B. at the conclusion of each workday. 7 Any operator of a project with a disturbed surface area of five or more acres or of any project that involves the import or export of at least 100 cubic yards of bulk material per day shall install and maintain at least one of the following control measures at the intersection of each site entrance and any paved road open to through traffic with all vehicles exiting the site routed over the selected device(s): A. pad consisting of minimum one inch washed gravel maintained in a clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long; or B. paved surface extending at least 100 feet and at least 20 feet wide; or C. wheel shaker / wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least three inches tall and at least six inches apart and 20 feet long; or D. a wheel washing system. 4 9 COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE 8 Any operator required to submit a Fugitive Dust Control Plan under Section 420.1 shall install and maintain project contact signage that meets the minimum standards of the Coachella Valley Fugitive Dust Control Handbook, including a 24-hour manned toll -free or local phone number, prior to initiating any type of earth -moving operations. 9 Any operator of a project with a disturbed surface area of 50 or more acres shall have an Environmental Observer that: A. is hired by the property owner or developer; and B. has dust control as the sole or primary responsibility; and C. has successfully completed the AQMD Coachella Valley Fugitive Dust Control Class and has been issued a Certificate of Completion for the class; and D. is identified in the approved Fugitive Dust Control Plan as having the authority to immediately employ sufficient dust mitigation 24-hours per day, seven days a week and to ensure compliance with this ordinance, the approved Fugitive Dust Control Plan, and AQMD regulations. Performance Standards and Test Methods 10 No operator required to submit a Fugitive Dust Control Plan under Section 420.1 shall cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line. 11 Exceedance of the visible emissions prohibition in Section 420.10 occurring due to a high -wind episode shall constitute a violation of Section 420.10, unless the operator demonstrates to City (County) all the following conditions: A. all Fugitive Dust Control Plan measures or applicable Coachella Valley Best Available Control Measures were implemented and maintained on site; and B. the exceedance could not have been prevented by better application, implementation, operation, or maintenance of control measures; and C. appropriate recordkeeping was complied and retained in accordance with the requirements in Section 420.12 through 420.15; and D. documentation of the high -wind episode on the day(s) in question is provided by appropriate records. Reporting / Recordkeeping Before Construction 12 The operator of a project with ten acres or more of earth -moving operations shall: A. forward two copies of a Site -Specific, Stand Alone [8'/z by 11 inch] Fugitive Dust Control Plan to the AQMD within ten days after approval by the City (County). [Note: A separate AQMD approval will not be issued]; and B. notify the City (County) and the AQMD -at least 24-hours prior to initiating earth -moving operations. 1 5 10 �� COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE During Construction 13 Any operator involved in earth -moving operations shall compile, and maintain for a period of not less than three years, daily self -inspection recordkeeping forms in accordance with the guidelines contained in the Coachella Valley Fugitive Dust Control Handbook. 14 Any operator involved in earth -moving operations that utilizes chemical dust suppressants for dust control on a site shall compile records indicating the type of product applied, vendor name, and the method, frequency, concentration, quantity and date(s) of application and shall retain such records for a period of not less than three years. After Construction 15 Any operator subject to the provisions of Section 420.12 shall notify the City (County) and the AQMD within ten days of the establishment of the finish grade or at the conclusion of the finished grading inspection. 430. Disturbed Vacant Lands / Weed Abatement Activities 1 Owners of property with a disturbed surface area greater than 5,000 square feet shall within 30 days of receiving official notice by the City (County) prevent trespass through physical access restriction as permitted by the City (County). 2 In the event that implementation of Section 430.1 is not effective in establishing a stabilized surface within 45 days of restricting access, the owner shall implement at least one of the following long term stabilization techniques within an additional 15 days, unless the City (County) has determined that the land has been restabilized: A. uniformly apply and maintain surface gravel or chemical dust suppressants such that a stabilized surface is formed; or B. begin restoring disturbed surfaces such that the vegetative cover and soil characteristics are similar to adjacent or nearby undisturbed native conditions. Such restoration control measure(s) must be maintained and reapplied, if necessary, such that a stabilized surface is formed within 8 months of the initial application. 3 Any operator conducting weed abatement activities on a site that results in a disturbed surface area of 5,000 or more square feet shall: A. apply sufficient water before and during weed abatement activities such that the applicable performance standards are met; and B. ensure that the affected area is a stabilized surface once weed abatement activities have ceased. Performance Standards and Test Methods 4 No person subject to the provisions of Sections 430.1 through 430.3 shall cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from a source, or cross any property line, and shall either: 6 COACIIELLA VALLEYM6DEL DUST CONTROL ORDINANCE A. maintain a stabilized surface; or B. maintain a threshold friction velocity for disturbed surface areas corrected for non -erodible elements of 100 centimeters per second or higher. Reporting / Recordkeeping 5 Within 90 days of ordinance adoption, operators of property with disturbed surface area of 5,000 or more square feet shall notify the City (County) of the location of such lands and provide owner contact information. 6 Any person subject to the provisions of Sections 430.1 through 403.3 shall compile, and retain for a period of not less than three years, records indicating the name and contact person of all firms contracted with for dust mitigation, listing of dust control implements used on -site, and invoices from dust suppressant contractors/vendors. 440. Unpaved Roads 1 Owners of private unpaved roads with average daily traffic levels between 20 and 150 vehicles must take measures (signage or speed control devices) to reduce vehicular speeds to no more than 15 miles per hour. 2 Owners of a cumulative distance of six or less miles of private unpaved roads shall pave each segment having 150 or more average daily trips or, alternatively apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards included in Section 440.4 in accordance with the following treatment schedule: A. one-third of qualifying unpaved road segments within one year of ordinance adoption; and B. remainder of qualifying unpaved road segments within three years of ordinance adoption. (Note: treatments in excess of annual requirements can apply to future years). 3 Owners of a cumulative distance of more than six miles of public unpaved roads shall stabilize each segment having 150 or more average daily trips in accordance with the following treatment schedule: A. at least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in Section 440.4 within one year of the ordinance adoption; and B. at least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards included in Section 440.4 in accordance with the following treatment schedule annually thereafter until all qualifying unpaved roads have been stabilized. (Note: treatments in excess of annual requirements can apply to future years). 7 12 1,-10 COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE Performance Standards and Test Methods 4 Owners of any private unpaved road shall not allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, and shall either: A. not allow silt loading to be equal to or greater than 0.33 ounces per square foot; or B. not allow the silt content to exceed six percent. Reporting / Recordkeeping 5 within 90 days of ordinance adoption, owners of unpaved roads shall provide to the City (County) and the AQMD the location and ADT estimates for all unpaved roads. 6 Owners of unpaved roads that utilize chemical dust suppressants shall compile, and retain for a period of not less than three years, records indicating the type of product applied, vendor name, and the method, frequency, concentration, quantity and date(s) of application. 450. Unpaved Parking Lots 1 Owners of parking lots established subsequent to ordinance adoption are required to pave such areas, or alternatively apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in Section 450.4. 2 Owners of existing private unpaved parking lots shall implement one of the following control strategies within 180 days of ordinance adoption: A. pave; or B. apply and maintain dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in Section 450.4; C. apply and maintain washed gravel in accordance with the performance standards included in Section 450.4. 3 Owners of private temporary unpaved parking lots (those that are used 24 days or less per year) shall apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in Section 450.4 prior to any 24-hour period when more than 40 vehicles are expected to enter and park. The owner of any temporary unpaved parking lot greater than 5,000 square feet shall implement the disturbed vacant land requirements contained in Section 430 during non - parking periods. 8 13 141 COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE Performance Standards and Test Methods 4 The operator of any private unpaved parking lot shall not allow visible fugitive dust emissions to -exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, and shall either: A. not allow silt loading to be equal to or greater than 0.33 ounces per square foot; or B. not allow the silt content to exceed eight percent. Reporting / Recordkeeping 5 Within 90 days of ordinance adoption, owners of unpaved parking lots shall provide to the City (County) and the AQMD the location and ADT estimates and the size (in square feet) of unpaved parking lots. 6 Owners of unpaved parking lots that utilize chemical dust suppressants or apply gravel shall compile, and retain for a period of not less than three years, records indicating the type of product applied, vendor name, and the method, frequency, concentration, quantity and date(s) of application. 460.. Public or Private Paved Roads 1 Any owner of paved roads shall construct, or require to be constructed all new or widened paved roads in accordance with the following standards: A. curbing in accordance with the American Association of State Highway and Transportation Officials guidelines or as an alternative, road shoulders paved or treated with chemical dust suppressants or washed gravel in accordance with the performance standards included in Section 440.4 with the following minimum widths: Average Daily Trips Minimum Shoulder Width 500 - 3,000 4 feet 3,000 or greater 8 feet B. paved medians or as an alternative, medians surrounded by curbing and treated with landscaping, chemical dust suppressants, or washed gravel applied and maintained in accordance with the performance standards included in Section 440.4. 2 Any owner of public or private paved roads shall remove or cause to be removed any erosion -caused deposits of greater than 2,500 square feet within 24-hours after receiving notice by the City (County) or the AQMD or prior to resumption of traffic where the paved area has been closed to vehicular traffic. Section 500 Administrative Requirements Any operator preparing a Fugitive Dust Control Plan shall complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain a current valid Certificate of Completion. 9 14 1 112 COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE 2 At least one representative of each construction or demolition general contractor and subcontractor responsible for earth -movement operations shall complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain a current valid Certificate of Completion. 3 All reporting / recordkeeping required by Section 420 shall be provided to the City (County) and AQMD representatives immediately upon request. 4 All reporting / recordkeeping required by Section 430 through Section 460 shall be provided to the City (County) and AQMD representatives within 24-hours of a written request. Section 600 Exemptions 1 The provisions of this ordinance shall not apply to: A. agricultural operations including on -field sources and unpaved roads used solely for agricultural operations. B. any dust -generating activity where necessary fugitive dust preventive or mitigative actions are in conflict with either federal or State Endangered Species Act provisions as determined in writing by the appropriate federal or state agency. C. any action required or authorized to implement emergency operations that are officially declared. by the City (County) to ensure the public health and safety. 2 The provisions of Section 420.1 shall not apply to any construction or demolition activity meeting any of the following activity levels or requirements: A. the activity is occurring entirely within an enclosed structure from which no visible airborne particulate matter escapes; or B. activities that do not require issuance of a grading permit or those that require a building permit provided that the project results in 5,000 or less square feet of soil disturbance. 3 The provisions of Section 420.8 shall not apply to: A. projects that takes two weeks or less to complete provided that a long-term stabilization technique(s) identified in Section 430 are implemented; and B. line projects (i.e., pipelines, cable access lines, etc.). Section 700 Compliance 1 A person violating any section of this ordinance or with an approved Dust Control Plan shall be guilty of an infraction punishable by a of a fine of not more than one hundred dollars ($100.00) for a first violation and a fine not exceeding four hundred dollars ($400.00) for a second violation within one year. A third violation, or more, within one year shall be prosecuted at a level consistent with a misdemeanor violation. 2 In addition to any other remedy provided by law, 'failure to correct any condition indicated in a notice of violation within one hour of issuance will 10 15 14x3 COACHELLA VALLEYMODEL DUST CONTROL ORDINANCE permit the City (County) to initiate one or more of the following actions where appropriate: A Criminal proceedings. B Civil proceedings to obtain an injunction; or any other relief against the owner or operator to stop operations at the site. C Refusal to issue future permits and/or release of securities held until owner or operator has adequately demonstrated compliance with the notice of violation. D Correction of the condition by the City (County) through the use of any securities held under this ordinance. 11 16 14 4 ATTACHMENT 2 Coachella V I'le V Pmgovow@ pm�� Draft June 2003 17 Table of Contents Draft Coachella Valley Fugitive Dust Control Handbook Draft for Training Class Purposes Only STATEMENT OF PURPOSE Common Violations Observed.............................................................. 1-1 COACHELLA VALLEY BEST AVAILABLE CONTROL MEASURES Summary of Dust Control Ordinance Requirements ............................ 2-1 List of Coachella Valley Best Available Control Measures .................. 2-2 FUGITIVE DUST CONTROL PLAN GUIDANCE Summary Flowchart for Construction Activity Requirements ...............3 Summary of Dust Control Ordinance Requirements ............................ 3-2 Fugitive Dust Control Plan Application ................................................ 3-3 Ownership Designee Form.................................................................... 3-8 Smaller Projects (less than 10 acres) ..................................................... 3-9 Larger Projects (10 acres or greater) ..................................................... 3-15 NOTIFICATION FORMS Summary of Dust Control Ordinance Requirements ............................ 4-1 Project Initiation Form.......................................................................... 4-2 Project Completion Form...................................................................... 4-3 DUST CONTROL SIGNAGE GUIDELINES Summary of Dust Control Ordinance Requirements ............................ 5-1 SignageGuidelines................................................................................. 5-2 RECORDKEEPING FORMS Summary of Dust Control Ordinance Requirements ............................ 6-1 Sample Recordkeeping Forms.............................................................. 6-2 -- Chemical Dust Suppressant Recordkeeping Form ................................ 6-4 WIND MONITORING Summary of Dust Control Ordinance Requirements ............................ 7-1 Guidance for Conducting Wind Monitoring ......................................... 7-2 TEST METHODS - Opacity.................................................................................................. 8-1 StabilizedSurface.................................................................................. 8-3 Threshold Friction Velocity.................................................................. 8-6 Silt Loading/Content............................................................................. 8-10 APPENEDIX A Blank Forms 18 1 ` U STATEMENT OF PURPOSE • Common Violations Observed 14i 19 Draft Coachella Valley Fugitive Dust Control Handbook STATEMENT OF PURPOSE The purpose of the dust control ordinance requirements is to reduce the amount of fugitive dust and corresponding PM 10 emissions entrained as a result of human activities in the Coachella Valley. This Handbook has been prepared to assist landowners, general contractors, subcontractors, local jurisdictions, governmental agencies, and others in the Coachella Valley in complying with dust control ordinance requirements. Common Violations Observed During Construction Site Inspections The following are the most common dust control problems documented during site inspections. Sources must take special care to avoid these problems during all project phases. Failure to have an approved Fugitive Dust Control Plan or failure to follow the Fugitive Dust Control Plan conditions Failure to inform subcontractors of Fugitive Dust Control Plan requirements ' Failure to have the- Fugitive Dust Control Plan on -site and to conduct daily recordkeeping activities Insufficient number of water trucks Inability to rapidly refill water trucks (e.g., no water towers) Inadequate water source y Haul roads, work areas, not watered or stabilized Soil stabilization not maintained during non -working hours/days Inadequate long-term soil stabilization on inactive portions of site No track -out control implemented on -site Failure to rapidly clean-up track -out No construction project signage No Environmental Observer for sites greater than 50 acres Failure to check AQMD high -wind forecasting system on a daily basis A 1 - 1 June 2003 143 20 COACHELLA VALLEY BEST AVAILABLE CONTROL MEASURES • Summary of Dust Control Ordinance Requirements • List of Coachella Valley Best Available Control Measures 140 21 Draft Coachella valley Fugitive Dust Control Handbook SUMMARY OF DUST CONTROL ORDINANCE REQUIREMENTS The Coachella Valley dust control ordinances require: ✓ at least one of the Coachella Valley Best Available Control Measures (CV BACM) is required to be implemented for each fugitive dust source category. ✓ CV BACM must be implemented such that the applicable performance standards (e.g., visible emissions not to exceed 100 feet or 20 percent opacity, or cross any property line, etc.) are met. ✓ A description of the performance standards and applicable test methods is included in Chapter 8 of this Handbook. ?-1 June 2003 22 1 } 0 U O - O •j U O O U 'C? 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Ct 4-4 -cl• .--� y ct U j-.+ cn 1 O U U 64 U i, ¢,O O cn � U cn U U U +� cn • v � "sue cli rr� W r-•� v� Q �, vs � v1 � a W r-+ N M c?• �+ N r-- N r-- N 00 00 b4 � O 42 bA O C/ICd O CA sU. • i 4-4 N > U 4-+ M O O N 27 cn CA CIO a" dct y �.N 'O > > •� v to cn cl �i U cl Uc�3 cn F.., ) --� 4� U O � . 2 �n _� 'd O� O O 4� a) C p C +. cc3 Nam' vncn to cr . -- O r= p 4'' U "'' ,s3 N O y E ^= cn Ucn U U U CY U cd � +•� o'erEj C .cn docn cn cnCd bOA O 00 p ^" -d 4 ^" ^" O + j c j a; v� v� CA y O +� cn r-•� N � N O O O CIO FUGITIVE DUST CONTROL PLAN GUIDANCE • Summary Flowchart for Construction Activity Requirements • Summary of Dust Control Ordinance Requirements • Fugitive Dust Control Plan Application Form • Fugitive Dust Control Plan Guidance for Smaller Projects (less than 10 acres) — • Fugitive Dust Control Plan Guidance for Larger Projects (10 acres or greater) 29 Draft Coachella Valley Fugitive Dust Control Handbook SUMMARY FLOWCHART FOR CONSTRUCTION ACTIVITY REQUIREMENTS The following is a summary checklist and flowchart for the construction activity dust control ordinance requirements. Project operators, Fugitive Dust Control Plan reviewers, and code enforcement personnel can use this to ensure that all dust control ordinance requirements are met throughout the construction process. Additional information on specific requirements is included in the referenced Handbook Chapters. ❑ Implement Coachella Valley BACM for all sources (Chapter 2) ❑ All sites requiring a grading permit, or that involve more than 5,000 square feet of soil disturbance, or import/export more than 100 cubic yards of material per day must prepare and have a Fugitive Dust Control Plan approved by the permitting authority (Chapter 3) Special Requirements for Projects with 10 Acres or more of Disturbed Surfaces Forward Approved Dust Control Plan to AQMD Submit Project Initiation Form to Local Jurisdiction and AQMD 24-hours Prior to Soil Disturbance (See Chapter 4) __ Submit Project Completion Form to Local Jurisdiction and AQMD Within 10 Days of Project Completion (See Chapter 4) ❑ Install construction project signage (Chapter 5) - ❑ Maintain daily dust control log and chemical stabilization recordkeeping (Chapter 6) ❑ Ensure compliance with applicable test methods (Chapter 8) 3 - 1 June 2003 -L v 30 Draft Coachella Valley Fugitive Dust Control Handbook SUMMARY OF DUST CONTROL ORDINANCE REQUIREMENTS The Coachella Valley dust control ordinances require local government approval of a Fugitive Dust Control Plan prior to: ✓ Issuance of a grading permit ✓ Issuance of a building permit for projects with 5,000 or more square feet of soil disturbance ✓ Issuance of permits for projects that import or export more than 100 cubic feet of bulk material per day The Fugitive Dust Control Plan requirements consist of two elements: (1) Fugitive Dust Control Plan Application (Form A); .__. (2) Fugitive Dust Control Plan (Form DCP or equivalent for projects with less than 10 acres of disturbed surfaces or a Site -Specific Fugitive Dust Control Plan for projects with 10 or more acres of disturbed surfaces) The following guidance has been prepared for construction project operators, to facilitate preparation of consistent Fugitive Dust Control Plans throughout the Valley. 3-2 June 2003 ! _ 31 Draft Coachella Valley Fugitive Dust Control Handbook FUGITIVE DUST CONTROL PLAN APPLICATION FORM The following instructions have been prepared to assist project operators in preparing a Fugitive Dust Control Plan application (Form A) for construction activities. Submitting a complete application is essential in expediting the process, so please read and follow the instructions carefully. In addition to the Fugitive Dust Control Plan application (Form A), construction activities are required to prepare a Fugitive Dust Control Plan. Guidance for preparing Fugitive Dust Control Plans for smaller projects (less than 10 acres of disturbed surfaces) and larger projects (10 acres or more of disturbed surfaces) is also included in this Chapter. 3-3 June 2003 32 Draft Coachella Valley Fugitive Dust Control Handbook Fugitive Dust Control Plan Application Form (Form A Page 1 of 4) Please print in ink or type. Blank spaces must be completed for the application to be processed. If an item is not applicable, please enter NIA. 1. Form Preparer: Property Owner ❑ Developer ❑ Prime Contractor ❑ Other ❑ *(If Other, attach Owner Designee Form [Page 3-8]) * CONTACT PERSON NAME _ COMPANY NAME COMPANY ADDRESS CITY, STATE, ZIP CODE TELEPHONE NUMBER FACSIMILE NUMBER 24-HOUR, MANNED AFTER HOURS PHONE NUMBER AQMD DUST CLASS CERTIFICATE # 2_ Proied Address or Location PROJECT NAME PROJECT ADDRESS CITY, STATE, ZIP CODE NEAREST MAJOR CROSS STREETS _ PARCEL NUMBERS 3-4 June 2003 rr U� 33 Draft Coachella Valley Fugitive Dust Control Handbook Fugitive Dust Control Plan Application Form (Form A - Page 2 of 4) 3. Project Acreage (total land to be disturbed) (include project site and associated unpaved access roads, stockpiles, and staging areas) PROJECT SIZE (ACRES) WATER SOURCE (GPM) A u,.,,;nn4 nxxirnnr Iif Tinevitivp )live♦ Cantrnl Plan nrPnnrer is not the nronertv owner) NAME COMPANY NAME (IF APPLICABLE) ADDRESS (INCLUDE CITY, STATE, & ZIP CODE) TELEPHONE NUMBER FACSIMILE NUMBER 5. The Person(s) responsible for dust control measures and to whom official notices O'hnI1111A ha eant if nprPeeary - RESPONSIBLE PERSON COMPANY NAME ADDRESS (INCLUDE _. CITY, STATE, & ZIP CODE) TELEPHONE NUMBER 24-HOUR, MANNED AFTER-HOURS TELEPHONE NUMBER FACSIMILE NUMBER AQMD DUST CLASS CERTIFICATE 3-5 June 2003 34 Draft Coachella Valley Fugitive Dust Control Handbook Fugitive Dust Control Plan Application Form (Form A - Page 3 of 4) L ri- Q■■v% vs+nrLnvs+/C»inat-wienr%Pnrpm an enntnct NAME COMPANY NAME ADDRESS (INCLUDE CITY, STATE, & ZIP CODE) TELEPHONE NUMBER 24-HOUR9 MANNED AFTERS -HOURS TELEPHONE NUMBER AQMD DUST CLASS CERTIFICATE # 7. Site Mapping Provide a map showing the vicinity of the project clearly identifying the closest major cross streets or other landmarks and the project location. Label this map "Vicinity Map". Required map size is 8 1/2 by 11 ". Provide an 8 1/2 by 11" or larger Assessor Parcel Map for the property(s) on which the project will be occurring. Outline or highlight the affected parcels. Identify location of site entrances, internal unpaved haul routes, wind fencing, areas to be chemically - stabilized and other proposed and required dust control mitigations. Projects that are only installing or constructing linear features such as roads, pipelines or other utilities that boarder or cross more than one Assessor's parcel do not require Assessor's Parcel Maps, but must provide a detailed vicinity map adequately depicting the entire project area. If the project is divided into construction phases (separate physical project areas), provide a map clearly identifying the phases. 8. Attach a Fugitive Dust Control Plan ✓ Projects with less than 10 acres of disturbed surfaces must complete and attach a Fugitive Dust Control Plan (Form DCP) or equivalent. ✓ Projects with 10 acres or more of disturbed surfaces must complete and attach a Site -Specific Fugitive Dust Control Plan. Guidance for preparation of a Site -Specific Fugitive Dust Control Plan is included later in this Chapter. 3-6 June 2003 163 35 Draft Coachella Valley Fugitive Dust Control Handbook Fugitive Dust Control Plan Application Form (Form -A - Page 4 of 4) 9. Project notifications For projects with 10 acres or more of disturbed surfaces, the dust control ordinance requires notification to the local permitting authority and to the AQMD prior to project initiation and at project completion. (Refer to Chapter 4 of this Handbook for specific requirements and forms). 10. Project Signage Construction signage must be installed on -site prior to construction. Guidelines for construction signage are found in Chapter 5 of this Handbook. 11.Owner Agreement The signatory on this application constitutes an agreement by the owner to be -the person with authority to enforce compliance by all contractors and subcontractors of the Dust Control Ordinance, Fugitive Dust Control Plan conditions, and any supplements identified by the permitting authority. Once approved, this application is incorporated by reference and becomes apart of the approved site grading plan. Owner Signature Date Printed Name Title and Company AQMD Coachella Valley Fugitive Dust Control Class Certificate # 3-7 June 2003 16 4 36 Draft Coachella Valley Fugitive Dust Control Handbook Ownership Designee Form (Form OD) An owner's designee form is required if a Fugitive Dust Control Plan is not prepared/implemented by the property owner, developer or prime contractor. DESIGNEE'S NAME COMPANY NAME -- ADDRESS/LOCATION PHONE NUMBER AFTER-HOURS PHONE NUMBER AQMD DUST CLASS CERTIFICATE # PROPERTY OWNER'S NAME ADDRESS/LOCATION PHONE NUMBER 24-HOUR, MANNED AFTER- HOURS PHONE NUMBER OWNER STATEMENT I hereby authorize the person listed as my designee to act on my behalf in all matters regarding the issuance and requirements of the Fugitive Dust Control Plan for construction activities. The designee is responsible for project duration. The designee has successfully completed the AQMD Coachella Valley Fugitive Dust Control Class. Furthermore, the designee is responsible for ensuring the contractor(s), subcontractor(s), and all other persons associated with the project are in compliance with the approved Fugitive Dust Control Plan, dust control ordinance requirements, and AQMD regulations. Owner's Signature Date Printed Name 3-8 June 2003 37 Draft Coachella Valley Fugitive Dust Control Handbook FUGITIVE DUST CONTROL PLAN PREPARATION GUIDANCE FOR SMALLER CONSTRUCTION PROJECTS (LESS THAN 10 ACRES) The following instructions have been prepared to assist project operators in preparing a Fugitive Dust Control Plan for construction activities with less than 10 acres of disturbed surfaces. Submitting a complete Fugitive Dust Control Plan is essential in expediting the process, so please read and follow the instructions carefully. Fugitive Dust Control Plan Guidance Use the attached pages (Form DCP) to describe the dust control actions to be implemented on -site. Separate the actions to be implemented during the various project phases (e.g., clearing/grubbing and mass grading, finish grading, and site construction, etc.). If applicable, describe the additional control actions to be implemented on -site. Please remember the following when preparing a Fugitive Dust Control Plan: ✓ A complete copy of the Fugitive Dust Control Plan and all maps must be on -site prior to beginning construction activity and must be retained on - site at all times during project construction. ✓ Construction signage must be installed on -site prior to construction. Guidelines for construction signage are found in Chapter 5 of this Handbook. ✓ Dust control is required 24 hours a day, 7 days a week for the duration of the project regardless of wind conditions or construction project status. ✓ Daily recordkeeping of dust control actions is required to be compiled and retained during project duration and for three years after project completion. ✓ Grading plans must include a statement that incorporates the approved fugitive dust control plan into the approved grading plan. 3-9 June 2003 1 o� 3 o� ti �o 0 0 �•o c Q o � o o � bo v � ,o v � :C o Q � U o� v � o ti 4-4 ti z z z L � C O O o � � o U C� v Q CCt c.� _ V � V � v q _ ono hol C`7 � q _ a.� 0 to � . U toto -o w ... W W 0as 39 1 �' clol O O c7 'ti o ° a� cn o � �, •U q bU Cd C7 — � O 0 bo.o q _ a� U to was —tit Q Q w o3 o 40 O O V U � -4 o� ,q � O v a� � V •�, l a � q C7 cn U V' q cd a UtD o • 5 a4 ,� . 4 ^. en n a� cn cn °�' 1-4 r O � O 04 C C/) M N U C 1 G3 41 O o'er V 'v� v Q aCd w C7 C/I `o U Q an q � a U o ct a� ce) i 'b a > 4-4 170 42 Q C � O V` O 0 Cj U e� CC � � w q C'7 1 _f a� U cIs 3 v 03 tj 5 O Q Cl) O O N V C C 43 17 1 Draft Coachella Valley Fugitive Dust Control Handbook FUGITIVE DUST CONTROL PLAN PREPARATION GUIDANCE FOR LARGER CONSTRUCTION PROJECTS (10 ACRES OR LARGER) In addition to the Fugitive Dust Control Plan application (Form A), the dust control ordinance requires a City (County) approved Site -Specific Fugitive Dust Control Plan for projects with 10 acres or more of disturbed surfaces. The following guidance has been prepared to describe the required elements of a Site -Specific Fugitive Dust Control Plan. Remember: two copies of the Site - Specific Fugitive Dust Control Plan must be forwarded by the operator to the AOMD in an 8112 x 11" format, using the supplied form within 10 days after approval by the permitting authority. Please submit copies of approved Site - Specific Fugitive Dust Control Plans to: Phill Hubbard Supervising Investigator South Coast AQMD 21865 East Copley Drive Diamond Bar, CA 91765 (909) 396-2966 (909) 396-2608 [Facsimile] phubbard@aqmd.gov Required Elements of Site -Specific Fugitive Dust Control Plan Project Description This section of the Fugitive Dust Control Plan must provide a complete description of the project, a development plan, a schedule of activities, and a time frame for project completion. Additionally, this section must contain a description of soil types on site and an estimated proposed expenditure for the total project dust control budget. Water -Source Identification This section must contain a description and location of the water supply that is dedicated to dust control. Also, identify sources of a back-up water supply if proposed in conjunction with a contingency measure. This section covers earth -moving activities for the life of the project. 3 - 15 June 2003 44 ,, Draft Coachella Valley Fugitive Dust Control Handbook Coachella Valley Best Available Control Measures: This section must include a description of the primary dust control measures selected for each source at the project site (e.g., No. 1 - Earth - Movement, No. 2 — Unpaved Roads, etc.) based on the list of CV BACM included in this Handbook. This section must also have a description of the fugitive dust control measures to be implemented during non -working hours. Control Measures Guidance: Suggested minimum standards for a Site -Specific Fugitive Dust Control Plan are presented below. As a reminder, specific applicable dust control ordinance requirements are provided in italics. Additionally, grading plans must include a statement that incorporates the Site -Specific Fugitive Dust Control Plan into the approved grading plan. No. 1 EARTH -MOVEMENT Project Phasing If feasible, use grading permit conditions to break the project into phases so that only a portion of the site is disturbed at any given time to ensure control of fugitive dust. This technique is critical for project sites with greater than 100 acres. Pre -Watering Prior to initiating activity, pre -water site through use of portable irrigation lines. At least 72 hours of pre -watering is recommended for each area prior to initiating earth -movement. The operator must specify water source and available flow rate ( m). Watering During Earth -Movement Activities Water applied continuously to all disturbed portions of the site by means of water truck/water pull as necessary to maintain sufficient visible moisture on the soil surface. For reference, one 2,000 gallon water truck can treat approximately 4 acres of active construction per hour during non high -wind conditions. Also, for cut and fill activities, one 10,000 gallon water pull is estimated to be necessary for each 7,000 cubic yards of daily earth -movement. Multiple 4,000 gallon water trucks may be used in place of one 10,000 gallon water pull. Touch and visual contrast are reasonably good indicators of soil moisture. Surface areas that are dry to the touch and appear lighter -colored require the application of additional water to prevent fugitive dust. The operator must specify the number and type of watering vehicles available for dust control during each project phase as well as during off -hours and 3-16 June 2003 173 45 Draft Coachella Valley Fugitive Dust Control Handbook the availability of back-up water trucks if the site experiences dust control problems (see also contingency measure requirements below). Water towers are necessary for projects with more than 10 acres of active construction. Without a water tower, it can take up to 30 minutes to fill a 2,000 gallon water truck. Also, multiple water towers are necessary for projects that use water pulls as filling one 10,000 gallon water pull can drain a water tower that can take up to 40 minutes to refill. Perimeter Controls Wind fencing is necessary between the site and nearby residences or businesses. Off -site upwind fencing and on -site wind fencing for larger projects can also keep blowsand from being deposited onto the site or traveling through the site. Block walls, if part of the final project, can replace wind fencing during the site construction phase. A perimeter watering system or fence line misting system consisting of portable irrigation equipment may be an effective fugitive dust mitigation system to protect surrounding residences and businesses. The local jurisdiction may also be provided access to this equipment. Site Stabilization Chemical dust suppressants are to be applied in accordance with the manufacturer's specifications and in sufficient concentrations and frequency to ensure compliance -with the applicable test methods. Recordkeeping is necessary to demonstrate compliance. Wind fencing or other obstructions can keep areas previously treated with dust control suppressants free from future disturbances. Vegetation can be a cost-effective alternative to chemical stabilization for areas that will remain inactive for long periods. Wind fencing or other obstructions can keep the vegetated area free from future disturbances. Specific Dust Control Ordinance Requirements: The dust control ordinance includes the following short-term and long- term stabilization requirements: Short-term stabilization (after-hours/weekends) options _ include maintaining soils in a damp condition, watering to develop a surface crust, or use of chemical stabilization products. Contingency Measures This section must describe the contingency measures to be implemented if a primary_ control measure fails to adequately control dust emissions according to the applicable performance standards (e.g., plume length of 3-17 June 2003 1 �7 tI 46 Draft Coachella Valley Fugitive Dust Control Handbook greater than 100 feet, or crossing any property line, or 20 percent opacity). Also, describe the steps that will be taken to initiate a contingency measure. No. 2 - UNPAVED ROAD TRAVEL Surface Improvements Paving of the internal roadway network early in a project's development phase can reduce chemical dust suppressant reapplication costs. Periodic street cleaning throughout project construction will likely be -required -to ensure compliance with the dust control ordinance track -out requirements and to reduce entrained road dust. Application of gravel or other materialk. with a lower silt content than the underlying soils can be an effective surface improvement for dust control. For reference, the specific requirements for a gravel pad to prevent track -out are minimum one inch or larger washed gravel maintained to a depth of six inches. Periodic maintenance (grading and spot reapplication) may be required. Surface Treatments Chemical dust suppressants designed by the manufacturer for traffic areas, and applied in accordance with manufacturer's specifications and in sufficient concentrations and frequency to ensure compliance with the applicable test methods once final roadway elevations have been reached. Limiting/restricting access to non -road areas can also reduce the need to retreat areas previously stabilized. Constant watering of unpaved roads, haul routes, and equipment paths represents a short-term, cost-effective dust control action. High evaporation rate may justify- use of chemical dust suppressants for a longer -term control. For reference, U.S. EPA studies have documented a 50 percent reduction in PM10 emissions under a water application rate of 0.2 gallons per square yard per hour. Source Extent Reduction Unpaved road emissions are a function of the number of vehicles traversing the area and the vehicle speeds. Accordingly, programs to reduce vehicular trips or vehicle speeds can reduce fugitive dust emissions. Frequent watering or application of chemical stabilizers would likely be required in addition to the source extent measures to ensure that the applicable performance standards are met. Contingency Measures - Contingency measures must be identified for each unpaved haul road/internal access route. This section must describe the contingency 3-18 June 2003 1"5 47 • Draft Coachella Valley Fugitive Dust Control Handbook measures to be implemented if a primary control measure fails to adequately control dust emissions according to the applicable performance standards (e.g., plume length of greater than 100 feet, or crossing any property line, or 20 percent opacity). Also, describe the steps that will be taken to initiate a contingency measure. No. 3 — STORAGE PILESBULK MATERIAL HANDLING Wind Sheltering Install and maintain wind barriers with no less than 50 percent porosity on three sides of the pile, such that the barrier is equal to or greater than the pile height. Coverings can be used on smaller storage piles to prevent windblown dust. Any covering must be secured to ensure that it remains in place and effective. Storage Pile Stabilization Water applied continuously to all disturbed portions of the storage piles by means of water truck or sprinkler system as necessary to maintain sufficient visible moisture on the pile surface. Chemical dust suppressants can be an effective control measure for storage piles with infrequent disturbances. Any product used must be applied in accordance with the manufacturer's specifications and in sufficient concentrations and frequency to ensure compliance with the applicable test methods. -Recordkeeping is necessary to demonstrate compliance. Vegetation can be a cost-effective alternative to chemical stabilization for storage piles that will remain inactive for long periods. Wind fencing or other obstructions can keep the vegetated area free from future disturbances. Material6dling Confining load-in/load-out of material to the leeward (downwind) side of the pile can reduce wind erosion of storage piles. This control measure would likely need to be implemented in conjunction with other control measures to achieve the applicable performance standards. Stockpiles within 100 yards of occupied buildings must not be greater than eight feet in height. Stockpiles greater than eight feet in height and not covered must have a road bladed to the top to allow water truck access or must have an operational water irrigation system that is capable of complete stockpile coverage. _ 3 - 19 June 2003 48 Draft Coachella Valley Fugitive Dust Control Handbook Contingency Measures Contingency measures must be identified for each storage pile/material handling source. This section must describe the contingency measures to be implemented if a primary control measure fails to adequately control dust emissions according to the applicable performance standards (e.g., plume length of greater than 100 feet, or crossing any property line, or 20 percent opacity). Also, describe the steps that will be taken to initiate a contingency measure. NO.4 — VEHICULAR TRACK -OUT, HAULING, CLEANUP - Track -Out Prevention Construction site accesses are to be improved with paving or gravel. If the project site is not balanced (e.g., off -site material transport), a wheel washing system and/or ribbed steel plates must be placed in the roadway before the vehicle enters the paved/graveled area to clean the tires and prevent track -out. Covering haul vehicles or utilizing bedliners can prevent material from being lofted out of the vehicle or from falling out of the bottom of the vehicle. Specific Dust Control Ordinance Requirements: The dust control ordinance also requires at least one of the -following _ track -out control devices for projects greater than five acres or those that import or export more than 100 cubic yards of material per day: _ Gravel pad consisting of minimum one inch or larger washed gravel maintained to a depth of six inches at least 50 feet long and 30 feet wide; OR Paved surface extending at least 100 feet into the site and at least 20 wide; OR Wheel shaker/wheel spreading device consisting of raised dividers (rails, pipes, or grates) at least three inches tall and at least six inches apart; OR Installation and maintenance of a wheel washing system. Track -Out Mitigation - Street sweeping can be an effective mitigation measure if material is _. tracked out on to paved roads surrounding the site. Efforts to prevent material track -out will reduce sweeping costs. 3-20 June 2003 49 Draft Coachella Valley Fugitive Dust Control Handbook Specific Dust Control Ordinance Requirements: The dust control ordinance requires removal of material anytime it extends for a cumulative distance of more than 25 feet from any site access and at the conclusion of the workday. Contingency Measures Contingency measures must be identified for each track -out source. This section must describe the contingency measures to be implemented if a primary control measure fails to adequately control dust emissions according to the applicable performance standards (e.g., track -out extending more than 25 feet from any site access point). Also, describe the steps that will be taken to initiate a contingency measure. NO.5 - DISTURBED SURFACES/INACTIVE SITES During Dust Generating Activities Water applied continuously to all disturbed portions of the site by means of water truck/water pull as necessary to maintain sufficient visible moisture on the soil surface. For reference, one 2,000 gallon water truck can treat approximately 4 acres of active construction per hour during non high -wind conditions. Also, for cut and fill activities, one 10,000 gallon water pull is estimated to be necessary for each 7,000 cubic yards of daily earth -movement. Multiple 4,000 gallon water trucks may be used in place of one 10,000 gallon water pull. Touch and visual contrast are reasonably good indicators of soil moisture. Surface areas that are dry to the touch and appear lighter -colored require the application of additional water to prevent fugitive dust. The operator must specify the number and type of watering vehicles available for dust control during each project phase as well as during off -hours and the availability of back-up water trucks if the site experiences dust control problems (see also contingency measure requirements below). Water towers are necessary for projects with more than 10 acres of active construction. Without a water tower, it can take up to 30 minutes to fill a 2,000 gallon water truck. Also, multiple water towers are necessary for projects that use water pulls as filling one 10,000 gallon water pull can drain a water tower that can take up to 40 minutes to refill. -- Perimeter Controls Wind fencing is necessary between the site and nearby residences or businesses. Off -site upwind fencing and on -site wind fencing for larger projects can also keep blowsand from being deposited onto the site or traveling through the site. Block walls, if part of the final project, can replace wind fencing during the site construction phase. 3 - 21 June 2003 50 178 Draft Coachella Valley Fugitive Dust Control Handbook A perimeter watering system or fence line misting system consisting of portable irrigation equipment may be an effective fugitive dust mitigation system to protect surrounding residences and businesses. The local jurisdiction may also be provided access to this equipment. Temporary Stabilization During Weekends, After Work Hours, Holidays Depending on site soil types, water can be used to either maintain soils in a damp condition or to develop a surface crust. Chemical dust suppressants, diluted in accordance with the manufacturer's specifications for short-term stabilization can be an effective technique for areas that will be subject to future disturbances. Access Restriction Fencing or other obstructions can keep the stabilized area free from future disturbances and thereby reduce the potential for windblown dust. Specific Dust Control Ordinance Requirements: The dust control ordinance includes the following short-term (weekend, -after hour, and holiday) stabilization requirements: • maintaining soils in a damp condition, • watering to develop a surface crust, or • use of chemical stabilization products. Long Term Stabilization Chemical dust suppressants, applied in accordance with the manufacturer's specifications and in sufficient concentrations and frequency to ensure compliance with the applicable test methods can be an effective long-term stabilization technique. Recordkeeping is necessary to demonstrate compliance. Portable irrigation is necessary to ensure adequate site coverage. Wind fencing or other obstructions can keep areas previously treated with dust control suppressants free from future disturbances. Vegetation can be a cost-effective alternative to chemical stabilization -for areas that will remain inactive for long periods. Wind fencing or other obstructions can keep the , vegetated area free from future disturbances. Specific Dust Control Ordinance Requirements: The dust control ordinance includes the following long-term stabilization requirement (required within 10 days of ceasing activity for sites with no planned activity for at least 30 days): • vegetation with an active watering system or 3 - 22 June 2003 51 Draft Coachella Valley Fugitive Dust Control Handbook • application of chemical dust suppressants with physical access restrictions surrounding the disturbed surface. Perimeter Controls Wind fencing is necessary between the site and nearby residences or businesses. Off -site upwind fencing and on -site wind fencing for larger projects can also keep blowsand from being deposited onto the site or traveling through the site. Block walls, if part of the final project, can replace wind fencing during the site construction phase. A perimeter watering system or fence line misting system consisting of portable irrigation equipment may be an effective fugitive dust mitigation system to protect surrounding residences and businesses. The portable watering system may be used in place of or in conjunction with watering trucks. The local jurisdiction may also be provided access to this equipment. Contingency Measures Contingency measures must be identified for disturbed surface areas or inactive portions of a construction site. This section must describe the contingency measures to be implemented if a primary control measure fails to adequately control dust emissions according to the applicable performance standards (e.g., plume length of greater than 100 feet, or crossing any property line, or 20 percent opacity). Also, describe the steps that will be taken to initiate a contingency measure. NO.6 — UNPAVED PARKING LOTS Areas Subject to Frequent Disturbances Equipment staging areas are to be treated with at least one inch washed gravel maintained to a depth of four inches or treated with chemical dust suppressants designed by the manufacturer for traffic areas, and applied in accordance with the manufacturer's specifications and in sufficient concentrations and frequency to ensure compliance with the applicable test methods. Employee parking areas are to be covered with at least one inch washed gravel maintained to a depth of four inches or treated with chemical dust suppressants designed by the manufacturer for traffic - areas, and applied in accordance with the manufacturer's specifications and in sufficient concentrations and frequency to ensure compliance with the applicable test methods. If an internal roadway network is paved, employees are to be instructed to park only on paved areas. 3 - 23 June 2003 52 1 3 ,,) Draft Coachella Valley Fugitive Dust Control Handbook Contingency Measures Contingency measures must be identified for each unpaved parking lot. This section must describe the contingency measures to be implemented if a primary control measure fails to adequately control dust emissions according to the applicable performance standards (e.g., plume length of greater than 100 feet, or crossing any property line, or 20 percent opacity). Also, describe the steps that will be taken to initiate a contingency measure. NO.7 — EMPLOYEE TRAINING Employee Dust Control Training and Compliance: This section must describe how on -site personnel will ensure that the project remains in compliance with the Site -Specific Fugitive Dust Control Plan. This section must include a statement of the authority and training of personnel that will allow the attainment of this goal. Specific Dust Control Ordinance Requirements: The dust control ordinance requires that any Fugitive Dust Control Plan preparer, environmental observer, and at least one representative of any on -site general contractor or subcontractor involved in soil disturbance activities to complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain a valid certificate of completion. Environmental Observer The dust control ordinance requires an environmental observer for projects with greater than or equal to 50 acres of disturbed surfaces. The environmental observer must have completed the AQMD Coachella Valley Fugitive Dust Control Crass and have dust control as the primary responsibility with the authority to immediately employ additional dust control efforts. DUST CONTROL PLAN TEMPLATE A template to assist in the preparation of a Site -Specific Fugitive Dust Control Plan is provided in the following pages. Operators may use this template as a guide, however, all the elements listed in the preceding pages must be included in the Site -Specific Fugitive Dust Control Plan. Additionally use of an 8 V/2 by 11 inch, stand alone Site -Specific Fugitive Dust Control Plan is required regardless if the information is included on an approved grading plan. 3 - 24 June 2003 181 53 Draft Coachella Valley Fugitive Dust Control Handbook SITE -SPECIFIC FUGITIVE DUST CONTROL PLAN* (SITES 10 ACRES OR GREATER) Sift Description Please ensure that Fugitive Dust Control Plan Application (Form A) is completed and attached to the Site -Specific Fugitive Dust Control Plan. Project Description Please provide the following information as completely as possible. No. Description of Source(s) [Please provide best estimates] 1 Earth -moving (If not applicable, check here. Maximum cubic yards of earth -movement: /month or /year Anticipated start date: End date ; or Ongoing Amount of export: (Disposal site) 2 Unpaved roads (If not applicable, check here 3 1i 5 6. Mileage: Estimate of average daily traffic levels: Type of motor vehicles using roads: (Check) Storage piles/Bulk Material handling (If not applicable, check here _) Maximum number of piles: Average height: Configuration: cone, length/width: windrow, other (specify) Vehicular track-out/Cleanup (If not applicable, check here _) Number of access points which connect to public roads: Estimate of the maximum number of vehicles that will exit the site: Disturbed surface areas (If not applicable, check here _) / day Maximum acreage: Will any disturbed surface areas remain inactive for at least 10 days? Yes _ No _ Unpaved Parking Lots Number of unpaved lots at this site: Size of each lot: Soil Types Primary soil type on site: Dust Control Budget Estimate of project dust control budget: Water Source Identification Water source (g/m): Back-up water source: (If not applicable, check here ) Use of an 8 '/z by 11 inch, stand alone site -specific "fugitive dust control plan is required regardless if the information is included on an approved grading plan. 3 - 25 June 2003 54 ��� Draft Coachella Valley Fugitive Dust Control Handbook No. 1- EARTH -MOVEMENT Coachella Valley Best Available Control Measures: In the space provided below, please check and describe your dust control measures. Control Measure Control Action Pre -grading Number of acres to be graded at one time: Planning Number of parcels to be phase -graded: Watering Number of water trucks: (pre -grading) Frequency of application: Sprinkler/hose system: Describe: Watering Number of water trucks: (during grading) Frequency of application: Sprinkler/hose system: Describe: Watering Number of water trucks: (post grading) Frequency of application: Sprinkler/hose system: Describe: Wind fencing Maximum height: Location: Describe: Chemical Type of product: stabilization Frequency of application: Concentration: Describe: Cover haul Operator of haul vehicles, vehicles/Bedliners if other than site owner: in haul vehicles Other (specify) Contingency Measure(s) If necessary, attach additional information. 3 - 26 June 2003 55 1 33 Draft Coachella Vallev Fuaitive Dust Control Handbook No. 2 - UNPAVED ROAD TRAVEL* Coachella Valley Best Available Control Measures: In the space provided below, please check and describe your dust control measures Control Measure Control Action Paving Frequency of street sweeping: Describe: Gravel Depth of gravel: Describe: Chemical Type of product: stabilization Frequency of application: Concentration: Describe: Watering Frequency of application: Describe: Reduce speed Maximum speed limit: miles per hour How are speeds controlled: Post signs Briefings to workers Trip reduction Describe how achieved: Other (specify) Contingency Measure(s) - If necessary, attach additional information. ' All unpaved haul roads and parking areas must be identified on the Dust Control Plan site map and all vehicles shall only use established haul routes and parking areas. 3 - 27 June 2003 56 184 Draft Coachella Valley Fugitive Dust Control Handbook No. 3 - STORAGE PILESBULK MATERIAL HANDLING Coachella Valley Best Available Control Measures: In the space provided below, please check and describe your dust control measures Control Measure Control Action Wind sheltering Type of barriers: Average height of barriers: Describe: Coverings Types of coverings: Describe: Watering 'Method of application: Frequency of application: Describe: Chemical Type of product: stabilization — Frequency of application: Concentration: Describe: Vegetation Loadin/loadout Orientation of loadin/loadout procedures: N S E W Describe: Contingency Measure(s) If necessary, attach additional information. 3 - 28 June 2003 18J 57 Draft Coachella Vallev Fugitive Dust Control Handbook No. 4 - VEHICULAR TRACK -OUT, HAULING, CLEANUP Note: If trackout, spillage, or carry -out extend more than 25 feet along a paved public roadway, finalize clean-up activities within one hour. Also remove anv track - out, spillage or carry -out at the conclusion of the workday. Coachella Valley Best Available Control Measures: In the space provided below, please check and describe your dust control measures Control Measure Control Action Gravel pads Location: Size: (Minimum dimensions: I" or larger washed gravel, maintained at 6" depth, 50' long x 30' wide) Paving Location: (Minimum dimensions: 100' longx 20' wide) Track -out device Locations: Type of device Describe: Wheel washers Location: Describe: Cover haul vehicles/ Bedliners in haul vehicles Sweep/clean roadways Other (specify) Contingency Measure(s) Operator of haul vehicles, if other than site operator: Frequency: Type of equipment: Describe: If necessary, attach additional information. 3 - 29 June 2003 58 186 Draft Coachella VaHey Fugitive Dust Control Handbook No. 5 - DISTURBED SURFACES/INACTIVE SITES Coachella Valley Best Available Control Measures: In the space provided below, please check and describe your dust control measures Control Measure Control Action During Dust Generating Activities Watering Method of application: Frequency: Describe: Wind fencing Site access Chemical stabilization Location: Height: _ Describe: Method of vehicle restriction: Type of product: Frequency of application: Concentration: Describe: Vegetation Location: Plant type: Describe: Temporary Stabilization During Weekends, After Work Hours, and on Holidays Watering Method of application: Frequency: Describe: Chemical stabilization Site access Type of product: Frequency of application: — Concentration: Method of vehicle restriction: June 2003 1g" 59 • Draft Coachella Valley Fugitive Dust Control Handbook No. 5 - DISTURBED SURFACESANACTIVE SITES (Continued) Coachella Valley Best Available Control Measures: In the space provided below, please check and describe your dust control measures Long -Term Stabilization Control Measure Control Action Chemical Type of product: stabilization Frequency of application: Concentration: Vegetation Location: Plant type: Wind fencing Location: Height: Describe: Other (specify) Contingency Measure(s) If necessary, attach additional information. 3 - 31 June 2003 60 188 Draft Coachella Valley Fugitive Dust Control Handbook NO.6 - UNPAVED PARKING LOTS Coachella Valley Best Available Control Measures: In the space provided below, please check and describe your dust control measures Control Measures Gravel Chemical stabilization Pave Other (specify) Contingency Measure(s) Control Action Location: Type of product: Frequency of application: Concentration: Material to be used as dust suppressant: If necessary, attach additional information. 3 - 32 June 2003 ig3 61 Draft Coachella Valley Fugitive Dust Control Handbook NO.7 — EMPLOYEE EDUCATION Describe Employee Dust Control Training and Compliance: This section must provide a summary of the method by which on -site personnel will ensure that the project remains in compliance with the requirements contained in the Site -Specific Fugitive Dust Control Plan. This section must include a statement of the authority and training of personnel that will allow the attainment of this goal. 3 - 33 June 2003 19 i3 62 Draft Coachella Valley Fugitive Dust Control Handbook Justification If you believe that none of the control measures for a given source category are technically feasible or if they would conflict with other regulations please describe the justification in the space provided. Please be specific. If necessary, attach additional information. 3 - 34 June 2003 63 NOTIFICATION FORMS • Summary of Dust Control Ordinance Requirements • Project Initiation Form • Project Completion Form 64 199 Draft Coachella Valley Fugitive Dust Control Plan Handbook NOTIFICATION FORMS Summary of Dust Control Ordinance Requirements The dust control ordinance requires the project operator for sites with 10 acres or more of soil disturbance to notify the local permitting authority and the AQMD at the following construction phases: Project Initiation Phase Project Initiation Form must be submitted to local permitting authority and AQMD at least 24-hours prior to conducting earth -movement activities Project Completion Phase Project Completion Form must be submitted to local permitting authority and AQMD within 10 days of establishment of final elevations or at the conclusion of the finished grading inspection. The following sample forms have been prepared to assist project operators in complying with these requirements. Once complete, the AQMD contact where forms can be directed to is: Phill Hubbard Supervising Investigator South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar, CA 91765 (909) 396-2608 (Facsimile) phubbard@agmd.gov (e-mail) Questions on submittal of the forms can be directed to Phil Hubbard at (909) 396- 2966. 4.1 June 2003 193 65 Drab` Coachella Valley Fugitive Dust Control Plan Handbook Project Initiation Form For Projects > 10 Acres (Form PI) The dust control ordinance requires notification at least 24-hours prior to initiating earth - moving activities (includes clearing and grubbing). Submittal of the form to the local permitting authority and the AQMD satisfies this requirement. PLAN/PERMIT NUMBER CONSTRUCTION PROJECT NAME PROJECT ADDRESS/LOCATION OWNER NAME PHONE NUMBER 24-HOUR9 MANNED AFTER-HOURS PHONE NUMBER OWNER (DESIGNEE) STATEMENT Earth -moving activities for the above entitled project will commence on the following dates: Clearing and/or grubbing: (If Applicable) Earth -moving Owner (Designee) Signature Date 4-2 June 2003 104 Draft Coachella Valley Fugitive Dust Control Plan Handbook Project Completion Form For Projects > 10 Acres (Form PC) The dust control ordinance requires submittal of the following form to the local permitting authority and the AQMD within 10 days of establishment of final elevations or at the conclusion of the finished grading inspection, whichever is first. 1PLANF/PERMIT'NUMBER CONSTRUCTION PROJECT NAME PROJECT ADDRESS/LOCATION OWNER/DESIGNEE NAME PHONE NUMBER 24-HOUR, MANNED AFTER- HOURS PHONE NUMBER OWNER (DESIGNEE) STATEMENT I certify that all exterior construction activity has ceased on all of the land area subject to the approved Fugitive Dust Control Plan. No further soil disturbing activity will be occurring. All soil areas have been stabilized to prevent wind erosion of soil by the following method(s): landscaping - paving chemical dust suppressants other method gravel cover (describe) buildings covering entire surface Owner Signature Date Inspection Results An inspection by a representative of the City (County) of has been performed with the following results noted: Construction has ceased and the entire site has been adequately treated for long-term stabilization Construction has ceased, but portions of the site have not been adequately treated for long-term stabilization (Attach additional stabilization requirements) Enforcement Officer Date - 4-3 June 2003 195 67 DUST CONTROL SIGNAGE" GUIDELINES • Summary of Dust Control Ordinance Requirements • Signage Guidelines �U Draft Coachella Vailey Fugitive Dust Control Plan Handbook SUMMARY OF DUST CONTROL ORDINANCE REQUIREMENTS The dust control ordinance requires construction projects that are subject to Fugitive Dust Control Plan requirements must install and maintain signage that identifies 24-hour manned phone numbers for dust complaints. The following guidance has been prepared to assist project operators in complying in this requirement. 5-1 June 2003 1 0 h7 69 N N N N N N N N N N M O � � o CL > „ o a 9 Q C� U � � L» � U U y ^C3 o ct cn cz O O U 3 U 4-� c13 cz 141.1 7, kn .. o tb to O 'C +-4 .0 U O Ei Ct Ei Lam' ,� •� v O O aQ" •+CCU v .� .� C6 O a.�HC/5C�h z 70 RECORDKEEPING FORMS' • Summary of Dust Control Ordinance Requirements • Sample Recordkeeping Forms for Routine Construction Activities • Chemical Dust Suppressant Recordkeeping Form 71 Draft Coachella Valley Fugitive Dust Control Handbook RECORDKEEPING FORMS Summary of Dust Control Ordinance Requirements Under dust control ordinance requirements, construction activities are required to maintain daily self -inspection records and this information must be retained for at least three years after project completion. Additionally, any activity that utilizes chemical dust suppressants for dust control is required to maintain records indicating type of product applied, vendor name, and the method, frequency, concentration, and quantity of application. All recordkeeping information must be made available to the local permitting authority and the AQMD immediately upon request. A copy of the recordkeeping must also be retained on -site. The following forms have been prepared to assist in complying with these requirements. 6 - 1 June 2003 72 4' N 0 T a I • vt O o d • S rn %n f' i O N 0 N L V u O o u � u 3 C L. 3 w tnn O O O N va) C _D i- +' 4 +tn C L O _ C G O C O O r 'C7 C G > V a C O p to C- cn O O d u Y in .- y } o N cn } +- v u 3 3 in 3 L- L O O d C C H •- L O Q d N C O} O O Z- - V . � 3 3 # o k >o of D E o H 3 3 v H co %n CO ao L 3 v w O w O r • • Vl Ol O N d N Y 3 d o d qn L d d -0 d > o > d cn > - y Vf u pvj L O a- o O O -o -o u L d oi o 3 x +' O `^ win co a. L" N o _ v 3 y o +- O O N O = �- %n c %n i7 4- y } \ L } L. t- V C Vf Q1 c +- Q1 } H \ C V 3 y O N N Y 3 3 'v► _c to 3 4- -p •� c O v N L 3 w v o �+ 3 3 v F` m H m o m o 3 E v LoL3 O w C U C 4- 0 z if 'Q z W o� c 0 L O O z 11 Z74 L1 1 Draft Coachella Valley Fugitive Dust Control Handbook Chemical Dust Suppressant Recordkeeping Form (Form CDS) The dust control ordinance requires activities that utilize chemical dust suppressants must retain records indicating the type of product applied, vendor name, and the method, frequency, concentration, quantity and date of application. A copy of invoices for chemical dust suppressant products or application services is also required. These records must be retained for at least three years after project completion. PLAN/PERMIT NUMBER (IF APPLICABLE) PROPERTY OWNER NAME/PHONE CONSTRUCTION PROJECT NAME PROJECT ADDRESS/LOCATION DATE/TIME OF APPLICATION NAME OF PRODUCT DILUTION RATE APPLICATION RATE ACREAGE/SQUARE FOOTAGE TREATED TRAFFIC OR NON -TRAFFIC AREA APPLICATOR NAME CONTACT PHONE WARRANTEE TERMS (IF APPLICABLE) Signature of Form Preparer: 6-4 Date: June 2003 2 0, 75 WIND MONITORING GUIDANCE • Summary of Dust Control Ordinance Requirements • Guidance for Conducting Wind Monitoring 0 Z: Draft Coachella Valley Fugitive Dust Control Handbook SUMMARY OF DUST CONTROL ORDINANCE REQUIREMENTS Monitoring of wind speed is necessary to potentially qualify for an exemption from the dust control ordinance performance standards (e.g., 100 foot plume length, exceeding 20 percent opacity, visible emissions crossing a property line, etc.). Please note that it is an affirmable defense to quali& for an exemption from the ordinance's performance standards during high wind conditions. Site specific wind monitoring is encouraged due to improved accuracy when compared to regional wind monitors. Additionally, site -specific wind monitoring may document high winds that are not captured by regional wind monitors. The following guidance has been prepared to assist activities that conduct wind monitoring. As indicated in the guidance, activities should develop a draft site - specific wind monitoring program and forward this information to AQMD for review. The wind monitoring guidance, based on an AQMD-issued Order for Abatement, is also summarized in Attachment A to this Chapter. Draft wind speed monitoring programs can be directed to: Kevin Durkee Meteorology Section South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar, CA 91765 (909) 396-3252 (Facsimile) kdurkee@aqmd.gov (e-mail) Questions on submittal of a draft wind monitoring program can be directed to Kevin Durkee at (909) 396-3168. 7 - l June 2003 77 4' (' `� Draft Coachella Valley Fugitive Dust Control Handbook GUIDANCE FOR CONDUCTING WIND MEASUREMENTS The following are AQMD requirements and recommendations for wind measurements used for data reporting or analysis. The meteorological data submitted to AQMD must be accurate and representative. To insure that the meteorological data is acceptable, facilities that wish to deviate from these recommendations must consult with AQMD staff prior to collecting data. In some cases, less stringent procedures may suffice. For example, a lower sensor height may be acceptable for windblown dust analysis from smaller construction sources. It is recommended that all facilities request that AQMD staff review and approve their monitoring plans and sensor specifications prior to the purchase and installation of equipment. Aspects of a successful monitoring program include the selection of proper equipment, instrument siting, instrument and site maintenance, periodic audits and frequent data review. The instruments should be sited so as to characterize air flow between the source and receptor areas. In flat terrain, or where receptors are close to the source, one meteorological site may be adequate. Additional wind monitoring sites may be needed in complex terrain. - Wind Sensor Siting The standard sensor height for measuring surface winds is 10 meters (33 feet) above ground level (AGL) over open, level terrain. This usually requires the installation of a tower or mast. For the instrument to be sited over open terrain, there shall be minimal obstructions to the wind flow, such as from buildings, hills or trees. In general, wind sensors should be located where the distance from the sensors to any obstruction is at least 10 times the height of that obstruction. When mounted on a building, wind sensors should be mounted at least 1.5 times the height of the building above the rooftop. Since these siting guidelines are sometimes not possible, especially in urban areas, it is recommended that siting that deviates from these guidelines be reviewed by AQMD staff or an experienced consultant prior installation. Data Recording Devices Data loggers are the preferred method of recording and archiving the data. They are more precise and require less maintenance than strip chart recorders. Data loggers also allow data to be transmitted by telephone or radio to a central computer. All data records must be kept for a period of at least three years after the need for data collection has ended. Data recovery from a well -maintained meteorological system should be at least 90% complete on an annual basis, with no large data gaps (i.e., gaps greater than two weeks). The U.S. Environmental Protection Agency (EPA) recommends a sampling frequency of once per second (EPA, 2000), which is typical for quality data loggers. Wind averaging 7.2 June 2003 78 Draft Coachella Valley Fugitive Dust Control Handbook periods may depend on the purpose of the data collected and the need to meet specific regulatory requirements. Either 1-hour or 15-minute averaging periods are common. For each averaging time, wind speed and direction are usually scalar -averaged. Wind direction is defined as the direction from which the wind is blowing, measured in degrees from true north. Since wind direction has a numerical discontinuity between 360 and 001 degrees, scalar averaging of the wind direction is usually calculated using the unit vector method (EPA 2000). Resultant or vector averages are also often calculated, where the 1- second wind speeds and directions are added vectorially by breaking them into their horizontal components, adding the vector components, then recalculating a magnitude (speed) and direction. Both types of horizontal >wind averaging, as well as the collection of peak instantaneous wind gusts during the averaging period and sigma theta, the standard deviation of the wind direction, are typical calculations for meteorological data loggers. Time for the data recording system must be within five minutes of the correct local time, with data archived in Pacific Standard Time (PST) on a 24-hour clock. Thus there should be no change to Daylight Savings Time. It must also be noted whether the time stamp is at the start or the end of the averaging period. When reporting data, the convention is that time -ending data shall range from 0100 to 2400 PST for hourly averages and 0015 to 2400 PST for 15-minute averages. Time -beginning averages are reported with clock times starting at 0000 PST and ending with 2300 PST for hourly averages or 2345 PST for 15-minute averages. Reported data should have the site identification, year, day and time included at the beginning of the record. Wind Sensor Accuracy For wind sensors, the starting threshold must be rated as no higher than 0.5 meters per second. If there is some suspicion that the site would have a significant number of hours of wind speeds under 0.5 m/s, sensors with a lower threshold, such as 0.22 m/s, should be used. Wind speed systems shall be accurate to within 0.2 m/s ± 5 percent of the observed speed. Total wind direction system errors shall not exceed 5 degrees. This includes an instrument accuracy of f3 degrees for linearity and t2 degrees for alignment to a known direction. Table 1 summarizes these accuracy guidelines. 7 _ ; June 2003 41 79 Draft Coachella Valley Fugitive Dust Control Handbook Table 1. Summary of Performance Criteria for Wind Sensors. * Other sensor heights may be used when appropriate and approved by AQMD. Maintenance Frequent data review, preferably on a daily basis, is critical for collecting good meteorological data. In addition, visual inspections of each site should be made at least once every month. This will help to identify sensor alignment problems that may not be obvious in the data. During the inspections, it is recommended that the sensors be compared to the current conditions, possibly by using hand-held instruments such as a compass or GPS and portable anemometer. In order to ensure that the sensors operate within the manufacturer's specifications, a calibration of the sensors should be performed once every six months by a trained technician or the sensor manufacturer. In corrosive, marine or dusty conditions, more frequent calibrations may be needed. Spare sensors are helpful to avoid data loss while sensors are brought down for calibration and repairs. A logbook of calibrations and repairs is required. Furthermore, data that is critical for regulatory purposes should be independently audited by a qualified individual who is not affiliated with the organization that maintains and calibrates the instrument. The audits should be on a schedule that is appropriate for the measurements. Typically, once per year is adequate if a routine maintenance and calibration schedule is kept. An audit report shall be written and problems shall be corrected as soon as possible. The audit shall compare the individual sensors to the sensor performance criteria (Table 1) and also look at the data collection system as a whole, including the data logger and siting, to ensure that the data are representative and accurate. References EPA, 1995: Quality Assurance Handbook for Air Pollution Measurement Systems, Volume IV, Meteorological Measurements. Document EPA/600/R-94-038d. United States Environmental Protection Agency Atmospheric Research and Exposure Assessment Laboratory, Research Triangle Park, North Carolina. I 7-4 June 2003 80 '� c Draft Coachella Valley Fugitive Dust Control Handbook EPA, 1998: Technical Assistance Document for Sampling and Analysis of Ozone Precursors. Document EPA-600/R-98-161. United States Environmental Protection Agency, Atmospheric Research and Exposure Assessment Laboratory, Research Triangle Park, North Carolina. EPA, 2000: Meteorological Monitoring Guidance for Regulatory Modeling Applications. Document EPA-454/R-99-005. United States Environmental Protection Agency, Atmospheric Research and Exposure Assessment Laboratory, Research Triangle Park, North Carolina. 7-5 June 2003 81 Draft Coachella Valley Fugitive Dust Control Handbook Attachment A WIND MONITORING SPECIFICATIONS The following information is designed to provide installation and operating parameters for a wind monitoring station or device. It is to be used for Orders for Abatement and is not designed to represent approved AQMD specifications for a wind monitoring instrument or station. • This station, or device shall be capable of indicating the wind speed with an accuracy of 0.2 meters/sec. ± 5% of observed speed • The instrument or station should be located on -site so as to accurately characterize the air flow field on this construction project. • The starting threshold shall be rated as no higher than 0.5 meters per second. i • Data will be recorded on a data logger, which has been chosen over a strip chart recorder because they are: more precise, require very little maintenance, and allow data to be transmitted by telephone or radio. i • Three months worth of wind monitoring data will be available on -site in the form of hard copies, and made available at the Inspector's request. • All records will be maintained by the operator for a period of two years and made available upon request. • The logger time shall be within 5 minutes of the correct time' 1 • A sampling rate of once per second will be employed by the monitoring station or instrument. This sampling frequency is commonly used and recognized as an industry standard. • The operator shall submit the specifications and operating parameters, for the wind monitoring instrument or station, to AQMD for approval as an appropriate measuring instrument. • This instrument or station shall be calibrated and maintained in accordance with the manufacturer's specifications. • The standard height for measuring surface winds is 10 meters above ground over level, open terrain. Open terrain is defined as being away from obstructions to flow, such s buildings, hills or trees. Generally, the wind sensors should be located where the horizontal distance between the sensors and any obstruction is at least ten times the height of that obstruction. I 7-6 June 2003 4 W it V 82 Draft Coachella Valley Fugitive Dust Control Handbook • If wind sensors are to be mounted on a building, they should be mounted at a height at least 1.5 times the building height above the roof. It is usually not ,a good idea to mount wind sensors on stacks, unless the sensors can be mounted on booms at least two stack widths away from the stack, and with a wind measurement system mounted on both sides of the stack. i EPA, 1995: Quality Assurance Handbook for Air Pollution Measurement Systems, Volume IV, Meteorological Measurements. Document EPA/600/R-94-038d. United States Environmental Protection Agency, Atmospheric _ Research and Exposure Assessment Laboratory, Research Triangle Park, North Carolina. 7-7 June 2003 83 TEST METHODS • Opacity • Stabilized Surface • Threshold Friction Velocity • Silt-Loading/Content 84 �: Draft Codchella Valley Fugitive Dust Control Handbook OPACITY TEST METHOD Introdruction: The purpose of this test method is to estimate the percent opacity of fugitive dust plumes. Note: This method can only be conducted by an individual who is a California Air Resources Board (GARB) certified Visible Emission Evaluation (VEE) observer. Qualification and testing requirements for a CARB-certified VEE observer can be obtained from the AQMD. Step 1: Stand at least 16.5 feet from the fugitive dust source in order to provide a clear view of the emissions with the sun oriented in the 140-degree sector to the back. Following the above requirements, make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes are involved, do not include more than one plume in the line of sight at one time. Step 2: Record the fugitive dust source location, source type, method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the fugitive dust source. Also, record the time, estimated distance to the fugitive dust source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position to the fugitive dust source, and color of the plume and type of background on the visible emission observation form both when opacity readings are initiated and completed. Step 3: Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. Make opacity observations approximately 1 meter above the surface from which the plume is generated. Note that the observation is to be made at only one visual point upon generation of a plume, as opposed to visually tracking the entire length of a dust plume as it is created along a surface. Make two observations per source, beginning with the first reading at zero seconds and the second reading at five seconds. The zero -second observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume briefly at zero seconds and then again at five seconds. Step 4: Record the opacity observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 5- second period. 8-1 June 2003 213 85 Draft Coachella Valley Fugitive Dust Control Plan Handbook Step 5: Repeat Step 3 and Step 4 until you have recorded a total of 12 consecutive opacity readings. There is no limit as to when the 12 consecutive readings must be taken. Observations immediately preceding and following interrupted observations can be considered consecutive. Step 6: Average the 12 opacity readings together. If the average opacity reading equals 20% or lower, the source is in compliance with the dust control ordinance's opacity standard. Question and Answer - Opacity Test Method Question: If not all of the procedural conditions specified in Step 1 or Step 3 can be met, can the test method still be done? Answer: The conditions specified in the test method are necessary for the test to be done properly. The U.S. EPA recommends that, if the conditions can only be met at a certain time of day or a certain location, then the test method should be conducted at the appropriate time and/or location. If the test method cannot be done under the correct conditions due to logistics, the U.S. EPA recommends that the test be done as consistently as -possible with the specified conditions and that the source also be tested using the silt content test method. g _ 2 June 2003 86 r)14 Draft Coachella Valley Fugitive Dust Control Handbook STABILZED SURFACE TEST METHOD Introduction: The purpose of this test is to check whether a property is sufficiently crusted to prevent windblown dust. (Note: This test's primary function is to provide a simplified initial assessment of surface stability. If there is any doubt as to a property's stability after performing this test, the Threshold Friction Velocity test should be conducted to more thoroughly determine a surface's erodibility potential.) Equipment: • One steel ball. Diameter - 5/8 (0.625) inches. Mass - 16-17 grams A ruler or measuring tape A cardboard frame with a 1 ft. by 1 ft. opening (optional) Step 1: Select a 1 by 1 foot Survey Area that is representative, or a typical example, of the crusted surface. Step 2: Hold the small steel ball one (1) foot off the ground directly above your survey area. Use a ruler or measuring tape to make sure that your hand is at the correct distance above the ground. Drop the ball within the survey area. Step 3: Pass/Fail Determination. Observe the ground around the ball closely before picking it up. Did the ball sink into the surface so that it is partially or fully surrounded by loose grains of dirt? Has it dropped out of view entirely? Then pick up the ball. Look closely where the ball fell. Are loose grains of dirt visible? If you have answered "yes" to any of the previous questions, the surface has failed the first drop test. Note that if the ball causes a slight indentation on the surface but you do not see loose grains, the surface has passed the test. Step 4: Select two additional areas within the 1 by 1 foot survey area to drop the ball. Repeat Steps 2 and 3. If the surface passes two or all three of the drop tests, the survey area is considered as passing the test. Step 5: Select at least two other survey areas that are representative of the crusted surface. Pick the areas randomly and make sure they are spaced some distance apart. Drop the ball 3 8-3 June 2003 4 0 87 Draft Coachella Valley Fugitive Dust Control Plan Handbook times within each of these additional survey areas. Once again, if the surface passes the test twice or three times, count the survey area as passing the test. Step 6: Examine Results. If all of the survey areas have passed the test, the surface is stable, or sufficiently crusted. If one or more survey areas have failed the test, the surface is insufficiently crusted. If the surface fails the visible crust test, but there are minimal loose grains on the surface, the U.S. EPA recommends that the Threshold Friction Velocity test be done. Where there is little loose material that can be collected, the surface is likely to pass the Threshold Friction Velocity test. Question and Answer — Stabilized Surface Test Method Question: What if blowsand is on the crusted surface? (Blowsand is thin deposits of loose grains which have not originated from the surface you are testing, but have been blown there from some surrounding area. Blowsand tends to collect in certain areas rather than uniformly over the surface. If present, it will generally cover less than 50% of the entire surface.) Answer: Clear the blowsand from the survey area surfaces on which you plan to drop the ball. Blowsand should not be a factor in your results. Question: - What if material has been dumped or piled on the surface that is not blowsand, such as dirt or swimming pool waste? Answer: Do not do the Stabilized Surface test on those surfaces unless they have crusted over. Instead, do the Threshold Friction Velocity test on any loose surface material. Question: What if two of the survey areas pass with flying colors and the third survey area fails miserably? Answer: Chances are that the third survey area is either part of an uncrusted portion of the lot or has a much lighter kind of crust or different soil type than that of the other two survey areas. This means that the third survey area represents a different kind of surface than the other survey areas. If this is the case, examine the disturbed surface areas on the lot carefully. Using measuring tape, segment off (literally or mentally) the portion(s) of the lot that the third survey area represents. Size it up in feet and select two additional 1 by 1 foot survey areas on which to do the visible crust test. Keep in mind that if all other areas _ on the lot have a stable crust except for the newly identified area, it would need to be at 8-4 June 2003 4. 0 Dr9ft Coachella Valley Fugitive Dust Control Handbook least 5,000 square feet in size or subject to motor vehicle disturbance (i.e. trespassing) for disturbed vacant land requirements to apply. 8-5 June 2003 89 Draft Coachella Valley Fugitive Dust Control Plan Handbook THRESHOLD FRICTION VELOCITY Introduction: The purpose of the Threshold Friction Velocity, or TFV, test method is to determine a site's susceptibility to wind -driven soil erosion. TFV can differ among disturbed vacant lots depending on the type of soil and to what extent it is disturbed. The lower the TFV, the greater the propensity for fine particles to be lifted at relatively low wind speeds. Since rocks and other non -erodible elements add protection against soil erosion, they raise TFV if present on the disturbed surface. A TFV of 100 cm/sec or greater is considered sufficiently protective. Equipment: • A set of sieves with the following openings: 4 millimeters (mm), 2mm, 1 mm, 0.5 mm and 0.25 mm and a lid and collector pan • A small whisk broom or paintbrush with stiff bristles and dustpan. (The broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length.) • A spatula without holes • A cardboard frame with a 1 ft. by 1 ft. opening • Basic calculator • Graduated cylinder or measuring cup (may possibly need) Step 1: Stack a set of sieves in order according to the size openings specified -above, beginning with the largest size opening (4 mm) at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Step 2: Select a 1 foot by 1 foot survey area that is representative, or typical, of the disturbed surface. Mark this area using a cardboard frame. Check whether the surface is wet or damp. If so, return later to do this test method when the surface has dried. Step 3: Collect a sample of loose surface material to a depth of approximately 3/8 inch (1 cm) into a dustpan. This can best be done using a lightweight whisk broom/brush to carefully sweep the surface material within the marked survey area onto a spatula and lifting it into the dustpan. If you reach a hard, underlying subsurface that is less than 3/8 inch in depth, do not continue collecting the sample by digging into the hard surface. 8-6 June 2003 90 � Draft Coachella Valley Fugitive Dust Control Handbook Step 4: Check the dustpan for rocks or hard -packed clumps of soil collected in your sample. Measure their diameter and remove those larger than 3/8 inch (1 cm) in diameter from the sample. Step 5: Carefully pour the sample into the stack of sieves, minimizing release of dust particles by slowly brushing material into the stack with a whisk broom or paintbrush. (On windy days, use the trunk or door of a car as a wind barricade.) Cover the stack with a lid. Lift up the sieve stack and gently move it using broad, horizontal circular arm motions. Complete 10 clockwise and 10 counter -clockwise motions at a speed of approximately 1 second per motion. Be careful not to move the sieve too roughly in order to avoid breaking up any naturally clumped material. Step 6: Remove the lid from the stack and disassemble each sieve separately, beginning with the top sieve. As you remove each sieve, examine it to make sure that all of the material has been sifted to the finest sieve through which it can pass; e.g. material in each sieve (besides the top sieve that captures a range of larger elements) should look the same size. If this is not the case, re -stack the sieves and collector pan, cover the stack with the lid, and gently rotate it using the same circular arm motions as before an additional 10 times. (You only need to reassemble the sieve(s) that contain material which requires further sifting.) Step 7: _ Line up the sieves in a row as they are disassembled, with the 4 mm sieve at one end and the collector pan at the other. Slightly tilt and gently tap each sieve and the collector pan so that all material is collected on one side. The material in the sieves and collector pan should be on the same side relative to your position. Observe the relative amount of material in each sieve and the collector pan to determine which contains the greatest volume. If this is difficult to determine, use a graduated cylinder or a measuring cup to measure the relative volume. 8-7 June 2003 91 `'I Draft Coachella Valley Fugitive Dust Control Plan Handbook Step 8: Use the table below to estimate TFV for the sieve catch with the greatest volume estimated in Step 7. For example, if the sieve containing the greatest volume is the one with the 0.5 mm opening, TFV = 58 cm/second. * TFV values in this table take into account the aggregate size distribution of particles between the different sieve size openings. Step 9: Repeat this procedure on at least two other representative areas on the disturbed surface. Average your TFV results from the three samples collected. Step 10: Examine Results. If the TFV you've calculated is greater than or equal to 100 cm/sec, the surface is stable. Question and Answer — Threshold Friction Velocity Test Method Question: If there are hard -packed clumps of dirt on the surface, do I sieve these clumps along with the rest of the soil sample? Answer: If the hard -packed clumps are 1 cm or greater in size, extract them from the sample. Question: Can I combine all three collected soil samples into the sieve stack at once to save time? Answer: You may try combining the three samples after removing rocks or other non -erodible elements greater than 1 cm in diameter from each sample only if the mass of the three samples is approximately the same. However, combined samples may be more difficult to sieve and require reassembling and re -shaking of the sieves more than once. Also, it 8-8 June 2003 92 Draft Coachella Valley Fugitive Dust Control Handbook may be difficult to visibly compare the volume of material caught in the sieves after they have been disassembled. Therefore, combining samples is not recommended. Question: If I see dust particles escaping when I collect a sample and transfer it to the sieves, should I start over? Answer: Not necessarily. A small amount of dust particles can escape without influencing the TFV results. In fact, it is very difficult to avoid having some dust escape. However, if you rush when collecting and/or transferring a sample to the sieves, you may cause too much dust to escape thus potentially causing error in your results. Or, on a relatively windy day you may lose too much dust unless you set up a wind barricade. Avoid doing this test at all on very windy days. Question: If you're not sure which sieve contains the greatest amount of material, can you weigh the sieves for comparison? Answer: While, typically, more volume corresponds to greater weight, this is not always the case. Use a measuring cup or graduated cylinder if necessary to determine the sieve that contains the greatest amount of material. - Question: When determining TFV in step 8, can I combine material in the largest 2 sieves to estimate volume? Answer: No. This may fundamentally alter the premises on which the method is based and lead to an incorrect determination of stability. 8-9 June 2003 93 4.ti Draft Coachella Valley Fugitive Dust Control Plan Handbook SILT LOADING/CONTENT TEST METHOD Introduction: Silt Content Test Method. The purpose of this test method is to estimate the silt content of the trafficked parts of unpaved roads and unpaved parking lots. The higher the silt content, the more fine dust particles that are released when cars and trucks drive on unpaved roads and unpaved parking lots. Equipment: • A set of full height, eight -inch diameter sieves with the following openings: 4 millimeters (mm), 2mm, 1 mm, 0.5 mm and 0.25 mm and a lid and collector pan • A small whisk broom or paintbrush with stiff bristles and dustpan 1 ft. in width. (The broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length.) • A spatula without holes A small scale with half ounce increments (e.g. postal/package scale) • A shallow, lightweight container (e.g. plastic storage container) • A sturdy cardboard box or other rigid object with a level surface • Basic calculator • Cloth gloves (optional for handling metal sieves on hot, sunny days) • Sealable plastic bags (if sending samples to a laboratory) • Pencil/pen and paper Step 1: Look for a routinely traveled surface, as evidenced by tire tracks. [Only collect samples from surfaces that are not damp due to precipitation or dew. This statement is not meant to be a standard in itself for dampness where watering is being used as a control measure. It is only intended to ensure that surface -testing is done in a representative manner.] Use caution when taking samples to ensure personal safety with respect to passing vehicles. Gently press the edge of a dustpan (1 foot in width) into the surface four times to mark an area that is 1 square foot. Collect a sample of loose surface material using a whiskbroom or brush and slowly sweep the material into the dustpan, minimizing escape of dust particles. Use a spatula to lift heavier elements such as gravel. Only collect dirt/gravel to an approximate depth of 3/8 inch or 1 cm in the 1 square foot area. If you reach a hard, underlying subsurface that is less than 3/8 inch in depth, do not continue collecting the 8 - 10 June 2003 n 0 0 4.44 94 Draft Coachella Valley Fugitive Dust Control Handbook sample by digging into the hard surface. In other words, you are only collecting a surface sample of loose material down to 1 cm. In order to confirm that samples are collected to 1 cm in depth, a wooden dowel or other similar narrow object at least one foot in length can be laid horizontally across the survey area while a metric ruler is held perpendicular to the dowel. At this point, you can choose to place the sample collected into a plastic bag or container and take it to an independent laboratory for silt content analysis. A reference to the procedure the laboratory is required to follow is at the end of this section. Step 2: Place a scale on a level surface. Place a lightweight container on the scale. Zero the scale with the weight of the empty container on it. Transfer the entire sample collected in the dustpan to the container, minimizing escape of dust particles. Weigh the sample and record its weight. Step 3: Stack a set of sieves in order according to the size openings specified above, beginning with the largest size opening (4 mm) at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Step 4: Carefully pour the sample into the sieve stack, minimizing escape of dust particles by slowly brushing material into the stack with a whiskbroom or brush. (On windy days, use the trunk or door of a car as a wind barricade.) Cover the stack with a lid. Lift up the sieve stack and shake it vigorously up, down and sideways for at least 1 minute. Step 5: Remove the lid from the stack and disassemble each sieve separately, beginning with the top sieve. As you remove each sieve, examine it to make sure that all of the material has been sifted to the finest sieve through which it can pass (e.g., material in each sieve - besides the top sieve that captures a range of larger elements - should look the same size). If this is not the case, re -stack the sieves and collector pan, cover the stack with the lid, and shake it again for at least 1 minute. (You only need to reassemble the sieve(s) that contain material, which requires further sifting.) Step 6: After disassembling the sieves and collector pan, slowly sweep the material from the collector pan into the empty container originally used to collect and weigh the entire sample. Take care to minimize escape of dust particles. You do not need to do anything with material captured in the sieves -- only the collector pan. Weigh the container with the material from the collector pan and record its weight. g - 11 June 2003 Draft Coachella Valley Fugitive Dust Control Plan Handbook Step 7: If the source is an unpaved road, multiply the resulting weight by 0.38. If the source is an unpaved parking lot, multiply the resulting weight by 0.55. The resulting number is the estimated silt loading. Then, divide by the total weight of the sample you recorded earlier in Step 2 and multiply by 100 to estimate the percent silt content. Step 8: Select another two routinely traveled portions of the unpaved road or unpaved parking lot and repeat this test method. Once you have calculated the silt loading and percent silt content of the 3 samples collected, average your results together. Step 9: Examine Results. If the average silt loading is less than 0.33 oz/ft2, the surface is stable. If the average silt loading is greater than or equal to 0.3 3 oz/ft2, then proceed to examine the average percent silt content. If the source is an unpaved road and the average percent silt content is 6% or less, the surface is stable. If the source is an unpaved parking lot and the average percent silt content is 8% or less, the surface is stable. If your field test results are within 2% of the standard (for example, 4%-8% silt content on an unpaved road), it is recommended that you collect 3 additional samples from the source according to Step 1 and take them to an independent laboratory for silt content analysis. Independent Laboratory Analysis: You may choose to collect 3 samples from the source, according to Step 1, and send them to an independent laboratory for silt -content analysis rather than conduct the sieve field procedure. If so, the test method the laboratory is required to use is: "Procedures For Laboratory Analysis Of Surface/Bulk Dust Loading Samples", (Fifth Edition, Volume I, Appendix C.2.3 "Silt Analysis", 1995), AP-42, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina. Question and Answer - Silt Loading/Content Test Method Question: If I see dust escaping when I collect a sample and transfer it to the sieves, should I start over? Answer: Not necessarily. A small amount of dust can escape without influencing the silt content results. In fact, it is very difficult to avoid having some dust escape. However, if you rush when collecting and/or transferring a sample to the sieves, you may cause too much dust to escape thus potentially causing an error in your results. Or, on a relatively windy day you may lose too much dust unless you set up a wind barricade. Avoid doing this test on very windy days. — g _ 12 June 2003 96 � 4 Draft Coachella Valley Fugitive Dust Control Handbook Question: Once I calculate the percent silt content for 3 samples collected on one segment of an unpaved road, can I assume the same result for the whole length of the road? Answer: You may extrapolate results only to the extent that the rest of the unpaved road has the same average daily trips as the segment you tested and the surface condition on other segments of the road is the same. Question: If water is being used as a control measure on the source and this causes the surface to be damp, should I do the silt content test method on a damp surface? Answer: Do the silt content test method when the surface is dry in between water applications. The condition of the surface immediately following watering is different than after the water has evaporated. Since sources are required to be in compliance with the rule at all times, test the surface when it is dry. Question: If speed limit signs have been posted along an unpaved road as a control measure, do I need to test the surface for silt content? Answer: Yes. If speed limit signs have effectively lowered vehicle speeds on the road, the percent silt content may decrease. If signs have been ineffective in controlling speeds and no other controls are being applied, the source may be out of compliance. Either way, you should test to see whether the source meets the appropriate silt content standard. g _ 13 June 2003 97 APPENDIX A - BLANK FORMS - (To BE PROVIDED IN LAL ADOPTION PACKET FOR LOCAL GOVERNMENTS) • Fugitive Dust Control Plan Application Form (Form A) • Ownership Designee Form (Form OD) • Fugitive Dust Control Plan Template for Projects < 10 Acres (Form CP) • Project Initiation Form for Projects > 10 Acres (Form PI) • Project Completion Form for Projects > 10 Acres (Form PC) • Sample Daily Self -Inspection Recordkeeping Form — • Chemical Dust Suppressant Recordkeeping Form (Form CDS) Once complete, these forms can be submitted to: Phill Hubbard Supervising Investigator South Coast AQMD 21865 East Copley Drive Diamond Bar, CA 91765 (909) 396-2966 (909) 396-2608 [Facsimile] phubbard@agmd.gov Appendix A - 1 June 2003 stir) 98 ATTACHMENT 3 FINAL VERSION mou 99 X] MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING, MULTI - JURISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION, AND ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE COACHELLA VALLEY This Memorandum of Understanding made the day of , 2003, is entered into by the County of Riverside, Cathedral City, City of Coachella, City of Desert Hot Springs, City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, and City of Rancho Mirage (collectively, CITIES), the Coachella Valley Association of Governments (CVAG) and the South Coast Air Quality Management District (District). I. This Memorandum of Understanding (MOU) is made with reference to the following recitals: A. Air pollution remains a significant public health concern in many parts of California, and specifically in the Coachella Valley. B. The Coachella Valley consists of the following local jurisdictions: County of Riverside, Cathedral City, City of Coachella, City of Desert Hot Springs, City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, and City of Rancho Mirage. Each of these jurisdictions are members of the CVAG. C. The District is an air district established pursuant to the California Health and Safety Code, beginning with Section 40400. Under State law, air districts have the primary responsibility for the control of air pollution from all sources, other than tailpipe emissions from motor vehicles. The District has the authority to adopt, implement, and enforce air quality rules and regulations; and, by prior agreement, the responsibility to provide technical expertise, outreach training, and enforcement support to the local agencies within its jurisdiction. D. The CITIES that comprise the CVAG have local authority for controlling dust emissions from construction activities, disturbed vacant lands, unpaved roads and parking lots, and paved road dust. By prior agreement, these jurisdictions have lead responsibility for enforcing both local ordinances and approved Fugitive Dust Control Plans. E. The transport of fugitive dust, as a result of man-made activities, is an ongoing challenge to promoting economic growth and meeting federal standards for airborne fugitive dust (PM 10) in the Coachella Valley. The health impacts and public 100 nuisance potential of uncontrolled dust are a recognized concern of everyone who works or lives in this environment. F. PM10 levels in the Coachella Valley exceeded the federal standard in 1999 after six years of compliance. To reduce these levels and regain attainment status, the CITIES have individually adopted ordinances with measures for reducing fugitive dust emissions. G. A key element to implementing a successful program for reducing PM10 emissions and demonstrating sustained compliance is to establish a formal working relationship between the CITIES, CVAG and the District. H. Based on the foregoing, an ongoing cooperative relationship is hereby established between the CITIES, CVAG and the District to ensure the development and implementation of appropriate dust control plans, to comply with District regulations, to comply with the Federal Clean Air Amendments (CAA) mandates, and to help achieve attainment of federal and state air quality standards. II. NOW, THEREFORE, in consideration of the mutual interests and benefits to be derived from the emissions reductions resulting from cooperative efforts of the CITIES, CVAG, and the District, the parties hereto agree as follows: A. The CITIES will: 1. Take lead responsibility for adopting and enforcing both local ordinances and approved Dust Control Plans. A Dust Control Plan is a plan to control fugitive dust through the implementation of Coachella Valley Best Available Control Measures, such that fugitive dust emissions are in compliance with District Rule 403. 2. Approve Dust Control Plans for all qualifying activities or man-made conditions capable of generating fugitive dust emissions within their area of authority. 3. Follow the guidance provided in the most recently approved Coachella Valley Fugitive Dust Control Handbook (Handbook), and uniformly implement and enforce the Handbook provisions in the review and approval of Dust Control Plans. 4. After April 1, 2004 approve a Dust Control Plan only to an Operator who produces a signed "Certificate of Completion," issued by the District, demonstrating that the individual officially designated in -the proposed Dust Control Plan as the person responsible for fugitive dust coi nirol at the site has completed the Coachella Valley Fugitive Dust Control Class. For purposes of this MOU, the term "Operator" includes any person, or his or her designee, that owns, leases, operates, controls, or supervises any potential fugitive dust generating operation that is subject to this MOU. 7a 2 101 5. Require that the Operator submits two (2) copies of the approved Dust Control Plans, for those sites greater than or equal to ten (10) acres, to the District within ten (10) days from the date of approval for use by the District's compliance staff. 6. Issue an approved Dust Control Plan within a reasonable period of time. The City shall inspect each site to determine compliance with the approved Dust Control Plan at least every thirty (30) days from the start of the project. In addition, a dust control inspection shall be performed by the city within seven (7) days of receiving a notice of project initiation or a notice of project completion. 7. Require a bond, a cash Certificate of Deposit, or an equivalent form approved by the City, in an amount equal to at least two thousand dollars ($2,000.00) per acre for projects with more than 5,000 square feet of disturbed surfaces. Such funds shall be in an amount sufficient to completely stabilize all disturbed areas in the event that the Operator fails to adequately control dust, or abandons the site in lieu of mitigating fugitive dust problems; and shall be easily accessible to the City in order to initiate stabilization measures without a significant delay. 8. Immediately notify the District when a site is "red tagged," or shut down, or cited for non-compliance with a local ordinance or Plan condition. 9. Ensure that, when a site is "red tagged," all construction and earth -moving activity ceases and all efforts are directed to mitigating fugitive dust through the application of water or dust suppressants. 10. Provide the Operator with specific information regarding the steps that must be taken before a site will be "un-tagged." 11. Require conspicuously placed signs that identify a manned 24-hour phone number for reporting dust complaints to the Operator, based on the most recently approved Handbook guidelines. 12. Require an Environmental Observer, with the authority to enforce the Dust Control Plan, at all sites greater than or equal to fifty (50) acres. The Environmental Observer will have duties and responsibilities in accordance with the local dust control ordinance and the Coachella Valley Fugitive Dust Control Handbook. Identification of an Environmental Observer shall be a prerequisite for approval of the Dust Control Plan. Failure of the Operator to continuously maintain an Environmental Observer at the site or available on -site within 30 minutes of initial contact shall constitute a violation of the Dust Control Plan. 13. Require all appropriate enforcement staff with duties and responsibilities relating to the enforcement of local dust control ordinances and approved Dust Control Plans to attend and complete the District's Coachella Valley Fugitive Dust Control Class. 14. Require that the staff person responding to a dust complaint have code enforcement status, or the authority to enforce a local ordinance or Plan. 3 102 4 ? s) 15. Require staff who review and/or approve Dust Control Plans to attend and complete the District's Coachella Valley Fugitive Dust Control Class. 16. Assign a city staff member with the single responsibility of determining compliance with local Dust Control Plans and ordinances at earth moving activities. If such an individual cannot be assigned, the jurisdiction will provide documentation to the District (i.e. policy guidance documents, certificates of staff attendance at the District's Coachella Valley Dust Control Class) demonstrating that the existing staff have been trained and informed of the high priority regarding handling of fugitive dust issues, and ensuring that the fugitive dust program will receive comparable or better coverage than can be provided by a single dedicated individual. 17. Conduct random, unannounced inspections at construction sites. The purpose of the site inspection will be to determine compliance with an approved Dust Control Plan, determine compliance with the local ordinance, and ensure that the project supervisor has read and understands the Plan. 18. Develop and maintain record -keeping logs for each site that document all compliance actions taken by the City, including the implementation of corrective measures required to enforce an approved Dust Control Plan. These records shall be made available to District staff upon request. 19. Adopt by ordinance a penalty program for violators of Dust Control Plans or local ordinances where the initial violation will be established at a level that ensures progressive penalties for repeated violations. The penalty for three or more violations within one year period shall be prosecuted at a minimum level consistent with a misdemeanor violation. The use of verbal warnings shall be discontinued. 20. Coordinate site inspections with the District so that both jurisdictions can evaluate instances of non-compliance with any ordinances, plans, or regulations.. 21. Provide the District with an inventory of public unpaved roads and unpaved parking lots within each of their jurisdictions within 90 days of the MOD's effective date. The inventory shall include: the location and average daily traffic estimates of unpaved roads; and location and size (in square feet) of unpaved parking lots. 23. Take measures (signage or speed control devices) to reduce vehicular speeds to 15 miles per hour on unpaved public roads with between 20 and 150 average daily trips within 60 days of submitting the unpaved road and unpaved parking lot inventories to the District. 24. Where City owns a cumulative distance of six or less miles of public unpaved roads with each segment having 150 or more average daily trips, pave such roads or apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in the city's respective dust control ordinance based on the following schedule: a. one-third of qualifying unpaved roads within one year of ordinance adoption; and 4 03 0" 31. an b. remainder of qualifying unpaved roads within three years of ordinance adoption. (Note: treatments in excess of annual requirements can apply to future years.) 25. Where a City owns a cumulative distance of more than six miles of public unpaved roads with each segment having 150 or more average daily trips, stabilize such roadways based on the following schedule: a. at least two miles paved or four miles stabilized with chemical bust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in the local dust control ordinance within one year of the MOD's effective date; and b. at least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in the local dust control ordinance annually thereafter until all qualifying unpaved roads have been stabilized. (Note: treatments in excess of annual requirements can apply to future years). 26. Stabilize within six months of the MOU's effective date unpaved public parking lots with at least one of the following strategies: a., pave; or b. apply and maintain dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in their respective dust control ordinance; or c. apply and maintain washed gravel in accordance with the performance standards established in their respective dust control ordinance. 27. Apply and maintain any temporary unpaved public parking lots (those that are used 24 days or less per year) with chemical dust suppressants, in accordance with the manufacturer's specifications for a travel surface and the performance standards established in their respective dust control ordinance prior to any 24-hour period when more than 40 vehicles enter and park. Temporary unpaved parking lots greater than 5,000 square feet will be stabilized in accordance with the disturbed vacant land requirements contained in the local dust control ordinance during non -parking periods. B. The DISTRICT will: 1. Approve and issue Fugitive Dust Control Plans for operations that do not require a local jurisdiction's grading permit or building permit (such as, aggregate producers, landfills, schools, water districts, California Department of Transportation, and flood control maintenance activities). 2. Respond to fugitive dust complaints and take any appropriate measures for non- compliance with District rules and regulations, Dust Control Plan conditions, or local ordinance requirements. 5 104 3 3. Continue to provide outreach and training in the form of Coachella Valley Fugitive Dust Control classes, offered at no charge, to all interested parties. 4. Issue Certificates of Completion to each individual who completes the Coachella Valley Fugitive Dust Control Class. This Certificate and the accompanying wallet - sized card are valid for two years and may be renewed by -submitting a request to the District. Upon approval by the District, this renewal will be valid for an additional two years. 5. Develop and implement an abatement and enforcement policy that addresses repeat violations at the same site of District fugitive dust control regulations. 6. Assign an inspector to conduct inspections exclusively in the Coachella Valley, provide outreach and training in the form of the Coachella Valley Fugitive Dust Control Class, and respond to fugitive dust complaints. D. ADDITIONAL CONDITIONS AND REQUIREMENTS 1. Any party hereto has the right to tern inate its participation in this MOU for any reason by giving thirty (30) days notice in writing to each party to this MOU. 2. This MOU may be amended or supplemented by mutual agreement effectuated in writing and duly executed by the parties. 3. This MOU shall be in full force and in effect when signed by all parties. 4. The signature page of this MOU is being executed in counterparts. When all parties have signed, all executed counterparts taken together shall constitute one and the same instrument. CVAG shall be responsible for receiving and retaining the originally executed signature pages of each party, for dating the MOU as of the latest date upon which it is executed as among the signatories thereto, and for providing a copy of the dated executed agreement to each of the parties. 5. This MOU integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties. 6. Each party acknowledges that it has had ample opportunity for review and approval of this document by its attorney, and that any waiver of representation is a result of independent decision. 7. Each party hereby warrants that its participation and execution of this MOU has been duly approved by its governing board. 8. All notices, requests and other communications under this MOU shall be in writing, and shall be (a). delivered personally, (b) sent via FedEx or similar private express mail service (hereinafter "FedEx"), (c) sent via facsimile, or (d) mailed, certified or registered mail, return receipt requested, postage prepaid, and addressed as follows: 6 105 South Coast Air Quality Management District 21865 E. Copley Drive Diarnond Bar, CA 91765 Attn: Coachella Valley Association of Governments 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 County of Riverside 4080 Lemon Street, 14'' Floor Riverside, CA 92502 Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 City of Coachella 1515 6 hStreet Coachella, CA 92236 City of Desert Hot Springs 65950 Pierson Blvd. Desert Hot Springs, CA 92240 City of Indian Wells 44-950 Eldorado Drive Indian Wells, CA 92210-7497 City of Indio 100 Civic Center Mall Indio, CA 92201 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 City of Palm Desert 73-510 Fred Waring Drive Palmy Desert, CA 92260 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 106 � City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, CA 92270 t 9. It is hereby agreed that no official, employee, or agent of any of the parties hereto shall have any personal interest, direct or indirect, in this MOU, nor shall any such official, employee, or agent participate in any decision relating to the MOU which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. 10. Neither party may assign any right or obligation under this MOU without the express written approval of the other parties. 11. This MOU shall be binding upon and shall inure to the benefit of the successors of each of the parties hereto. 12. This MOU shall be construed and interpreted in accordance with the laws of the State of California. Venue for resolution of any disputes under this MOU shall be in Los Angeles County. 13. In the event that any party fails to fulfill its obligations under this MOU, such party shall have thirty (30) days to cure its default upon written demand by any other party. Upon failure to cure any default, each party to this MOU shall have all such rights and remedies available to it under law, including the right to sue for specific performance. 14. Each party hereby agrees to indemnify, defend and hold harmless the other parties, their officials, agents, officers, and employees against any and all liabilities, obligations, lawsuits, administrative writs, claims, judgments, or penalties arising as a result of the party's actions conducted in performance of its duties under this MOU. - SIGNATURE PAGES FOLLOW - 8 107 ,� �, SIGNATORIES TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING AN ONGOING, MULTI -JURISDICTIONAL RELATIONSHIP FOR THE ADOPTION, IMPLEMENTATION, AND ENFORCEMENT OF FUGITIVE DUST CONTROL MEASURES IN THE COACHELLA VALLEY Barry R. Wallerstein, D.Env. Executive Officer South Coast Air Quality Management District Approved as to form: Barbara Baird, District Counsel Coachella Valley Association of Governments Approved as to form: CVAG General Counsel County of Riverside Cathedral City Date Date Date Date Date Date Date 0 108 �?O City of Coachella Date City of Desert Hot Springs Date City of Indian Wells Date City of Indio Date City of La Quinta Date City of Palm Desert Date City of Palm Springs Date City of Rancho Mirage 0 10 109 COUNCIL/RDA MEETING DATE: November 4, 2003 ITEM TITLE: Consideration of a Funding Request from the Advisory Council on Aging AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Special Projects Contingency Account has an uncommitted balance of $3, 200 as of this report. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council directed that the funding request from the Riverside County Advisory Council on Aging be placed on the November 4, 2003 City Council agenda for consideration (Attachment 1). The Riverside County Advisory Council on Aging is seeking sponsorships from community organizations to assist in creating awareness of the key issues in developing affordable and accessible housing. The workshop is to be held on Thursday, October 30 in Riverside. Although the event is scheduled for October 30 of this year, the event planner, Ms. Donna Pierce, stated that should the City wish to contribute to the program, the funds will be used as seed for next year's conference. According to the Office on Aging staff, it is anticipated that contributions for this year's event will cover the cost of the program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize funding the Riverside County Advisory Council on Aging's request in a specific amount from the Special Projects Contingency Account; or 2. Do not authorize funding the Riverside County Advisory Council on Aging's request in a specific amount from the Special Projects Contingency Account; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz, C munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment 1: Funding Request from the Riverside County Advisory Council on Aging OF R/V s o* 1 *v Officers Mark Moran, Chair Betty Rogers, Vice -Chair Mary Alfonso, Secretary Members Barbara Affolter Mary Blankenship David Bray David Brostrom Michael E. Carbine M.D. "Dutch" Dettinger Erwin F. Fromm Lenwood Long Doris Morgan -Richards Valerie Murray Barbara Oliver Gloria I Sanchez William "Bill" Sturman . Maureen Sullivan WRITTEN CORRESPOND ATTACHMENT 1 (;U"Uy A for oVua&,01 of Z ifeAcrr "� 0ie-,f-aZW6-*W September 3, 2003 SE 24 r'"7 To Whom It May Concern: The Riverside County Advisory Council on Aging, in cooperation with Economic Development Agency and Riverside County Office on Aging, are hosting its 1 st Annual Affordable/Accessible Housing Conference on October 30 of this year at the Riverside Marriott, Riverside California. The Advisory Council on Aging is seeking conference sponsorships from community organization and businesses, to assist in creating awareness of the key issues in developing affordable and accessible housing. We are requesting your consideration as being an: Event Sponsor at $151000.00 or Lunch Sponsor at $ 7,000.00 or Reception Sponsor at $ 5,000.00 or Workshop Room Sponsor at $ 3,000.00 or Scholarship Sponsor at $ 1,000.00 Enclosed is the drafted program for your information. The deadline for sponsorship confirmation is October 1, 2003. Please contact Donna Pierce, Event Coordinator with the Office on Aging if you have any questions. We are looking forward to working with you. Sincerely, Mark Moran, Chair Advisory Council on Aging 6296 Rivercrest Dr., Suite K, Riverside, CA 92507 (909)697-4697 (800) 510-2020 (For Assistance) , G� AFFORDABLE/ACCESSIBLE HOUSING CONFERENCE "A CALL TO BUILD AFFORDABLE/ACCESSIBLE HOUSING" OCTOBER 30, 2003 8:30 a.m.-6:00 p.m. Riverside Marriott 3400 Market Street Riverside, California 92501 Reservations are Required Please RSVP by October 15, 2043 For additional information or to make reservations, call: .Riverside County Office on Aging Donna: Pierce (909) 697-4697, Fax (909) 697- 4698 Email: .dpierce@co.ri erside.ca.us This event is hosted by: Riverside County Advisory Council on Aging, Riverside County Office on Aging, and Economic Development Agency. Is' Annual Affordable/Accessible Housing Conference Riverside Marriott 3400 Market Street Riverside, CA 92501 REGISTRATION (Please fill out a separate form for each person attending) Name Organization Address City Phone ( ) Fax( ) Email . i Conference Registration: The Conference,. October 30, Includes three keynote speakers, eight different workshops, continental breakfast, lunch and a reception on Thursday afternoon. Rates: Individual $ 50.00 Nonprofit / Govt. Organization $ 75.00 = $ For. Profit Organization $100.00 = $ Limited Scholarships Available. Please contact Donna Pierce at (909) 697-4697 TOTAL PAYMENT ENCLOSED $ 0`]4G Workshop Selection Indicate you or your Organizations/business interest In the following section: A. B. Afternoon Session: E. F. G. H. Special Needs Check your type of organization Developer Lender Service Provider Faith Based Tenant Advocacy Technical Assistance Property Management Other Government Local Wheelchair access Hearing/Vision Impaired (Circle Choice) Other Educational Public Housing Legal Economic Development Building Contractor General Contractor State Federal Complete this registration form and mail with a check or money order payable to: Riverside County Office on Aging (Sony, no credit cards) for the total amount. Mail to: Riverside County Office on Aging 6296 Rivercrest Drive, Suite K Riverside, CA 92507 Attn: Donna Pierce 04 3 oe OF COUNCIL/RDA MEETING DATE: November 4, 2003 ITEM TITLE: Consideration of a Request for Proposals for Golf Course Operator for SilverRock Ranch RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: -4 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the distribution of Requests for Proposals (RFP) (Attachment 1) for Golf Course Management services ("Operator") and appointment of the Consultant Selection Committee. FISCAL IMPLICATIONS: The City's Capital Improvement Program includes the SilverRock Ranch project and has budgeted $4,459,000 for professional services. Approximately $400,000 has been allocated to planning services, $1,000,000 for golf course architectural services, $100,000 for development coordinator services, and $444,200 for civil engineering services. Accordingly, sufficient funds (i.e. approximately $2,514,800) remain in the account for golf course management and other professional services including marketing, building architecture, and landscape architecture. The RDA has budgeted $600,000 for grow -in services relating to the construction of the golf course. Upon opening of the golf course, the City will be responsible for funding the on -going operations and maintenance costs. Funds for these services will be included in the fiscal year 2004/05 budget. CHARTER CITY IMPLICATIONS: This contract is being considered for City Council action as the Redevelopment Agency, by law, cannot operate a golf course. The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities such as SilverRock Ranch. 244W BACKGROUND AND OVERVIEW: The Redevelopment Agency has approved the Conceptual Master Plan and financing, and is considering various design aspects for Phase I of the SilverRock Ranch project. The RDA has retained the services of professionals to prepare the bid documents and manage the construction of the project's first phase, which includes the golf course, temporary clubhouse, restrooms, maintenance building, and supporting infrastructure. Mass grading of the site is scheduled to start in January 2004 and golf course construction is anticipated to begin in March 2004. It is imperative to have the Golf Operator hired to provide pre -opening services, including the review of bid documents, working closely with the design professionals to insure the facilities are in keeping with what is required for a premier resort experience. The Operator would also bring key staff members on board, including a Golf Superintendent to observe construction of the golf course and manage the "grow -in" of the golf course upon grassing through opening of the golf course. The Operator will also provide the General Manager and support staff necessary to meet the City's standard for quality maintenance and operations. Upon opening of the golf course, the Operator, under an agreement with the City, will be responsible for the day-to-day maintenance and operation of the facility. They will also prepare annual operating budgets for submittal to the City, including proposed capital improvements for inclusion in the City's Annual Budget. Consultant Selection Committee Staff proposes the Consultant Selection Committee include the following members: Mark Weiss, Assistant City Manager Tim Jonasson, Public Works Director Jerry Herman, Community Development Director Roy Stephenson, Development Coordinator Frank Spevacek, Redevelopment Consultant Process The RFP's have been set up using the standard consultant selection process wherein the Committee interviews, rates, and negotiates a contract with a selected firm, with subsequent contract consideration by the full Agency Board. On selected occasions 6.e., the Golf Architect), the Board has chosen to interview finalists prior to contract �� ,y negotiation/consideration. For this important service, staff is recommending the top - ranked two to four firms be interviewed by the full Agency Board. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the distribution of RFP's for Golf Course Management services; and appoint the Consultant Selection Committee; or 2. Do not authorize the distribution of RFP's for Golf Course Management services; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Request for Proposals 3 ATTACHMENT 1 REQUEST FOR PROPOSALS The City of La Quinta (the "City") is requesting proposals from qualified Golf Course Management Firms (the "Management Firm"), experienced in working with public agencies, to operate and manage the SilverRock Ranch's first golf course and clubhouse (Phase I) which is scheduled to open in January 2005 (the "Golf Course"). Phase I includes a premier championship golf course, temporary clubhouse (2000 SF ±), maintenance building (10,000 SF ±), two golf course restrooms and supporting infrastructure. In July 2002, the La Quinta Redevelopment Agency (the "RDA") purchased 525 acres of land that was once the Ahmanson family ranch. The RDA will enter into an agreement with the City to allow the City to construct the Golf Course on this property. Now known as SilverRock Ranch, our goal is to develop a premier golf -oriented resort community that encompasses two 18-hole golf courses, resort, passive recreation and resort oriented commercial uses. The property is adjacent to the Coral Reef Mountains and the private golf communities of PGA West, Tradition, The Citrus, and The Hideaway. GMA International has completed the conceptual master plan and development program for this property, which was approved by the Redevelopment Agency Board on May 6, 2003. The master plan includes a preliminary routing plan for both golf courses, entry roads, and identifies future community/Golf Clubhouse hotel and commercial sites. The master plan also includes a phasing plan. (Exhibit A.) Phases IA and IB have now been conceptually approved for implementation. Palmer Course Design Company has been selected as the Golf Course Architect for Phase IA. The golf course design is scheduled for completion in early 2004. However, the City does not represent or covenant that the Golf Course will be built, or built by any particular date, and will not contractually obligate itself to do so. The contract with GMA International has also been extended to provide support services during the design effort. Roy Stephenson P.E. of Berryman and Henigar, Inc. has been retained to provide development coordination services. McMurry Marketing & Communications has been selected to provide Public Affairs/Marketing Services to include Branding/Logo, public/media relations, investor relations, merchandising and marketing. A Building Architect is scheduled for selection in October 2003. Proposals from qualified Construction Managers are currently being solicited to oversee construction of the golf course, buildings and supporting infrastructure. The Construction Manager is scheduled for selection in November 2003 It is our intent to construct the Golf Course under two separate contracts. It is anticipated a contract for mass grading of Phase I will be awarded in January 2004, 4 followed by a contract for golf course construction scheduled for award in April 2004, with grassing to be completed by September 2004. The restrooms, maintenance building, temporary clubhouse and support infrastructure will be awarded in subsequent separate contracts upon completion of design by the architects and civil engineers. The support infrastructure consists of widening Avenue 52 and Avenue 54, a new entry road, utilities, water wells and landscaping outside the golf course envelope. The Management Firm is required to work closely with the City Council, the RDA Board, staff, the project development team, Palmer Course Design Company, McMurry, Building Architect and Construction Manager in the performance of their duties. A MANDATORY PRE -PROPOSAL MEETING WILL BE HELD ON NOVEMBER 19, 2003 AT 1:00 P.M. IN THE CITY COUNCIL CHAMBERS TO DISCUSS THE RFP AND ANSWER AS MANY QUESTIONS AS POSSIBLE. Exhibit A Phasing Plan ;119 DESIRED SERVICES The Management Firm is expected to familiarize itself with the SilverRock Ranch Master Plan, the physical characteristics of the site, the golf course design and the proposed facilities to be constructed in Phase I. The Management Firm will play a significant role in the construction oversight and grow -in of the golf course, and design concepts for the temporary club house, maintenance building and restrooms. Upon completion of the grassing of each hole through completion of grassing the Golf Course, The Management Firm will be responsible for grow -in of the golf course. Upon opening of the Golf Course, the Management Firm will be responsible for maintenance, operations and management of the facilities. The Management Firm must demonstrate its experience and knowledge in managing and operating public golf facilities, including providing grow -in services. The Management Firm shall address in the proposal their ability to provide the following specific services: 1. Pre -construction Services • Review and offer comments on the construction plans and specifications for the golf course, temporary clubhouse, maintenance building and restrooms from an operations perspective. • Assist the Building Architect in the floor plan programming of the temporary clubhouse and maintenance building. • Coordinate with the Marketing Consultant a pre -opening marketing plan, score card design and printing, yardage guide design, media relations and grand opening. • Initiate corporate outings and special event sales and provide a system for the City to monitor monthly progress. • Assist the City in development of pricing strategy. • Provide an operations manual, employee handbook, and job descriptions for each position. Each of these requires City approval. • Hire the maintenance and grow -in staff in anticipation of receiving grassed holes. The golf course superintendent (the "Superintendent") should be hired prior to drainage and irrigation system installation. The Superintendent shall be a current class "A" member in good standing of the Golf Course Superintendent Association. The Management Firm should provide a seamless transition from the contractor when the golf course is completed. 7 i� • Coordinate with the City the purchase of all maintenance equipment, fertilizer and other supplies, including irrigation parts, maintenance building set-up, signage and practice range needs. All purchasing discounts available to the Management Firm shall be passed on to the city. 2. Post -opening Services • Maintain and operate the golf course and ancillary facilities in a first class manner consistent with the quality expected in a premier golf resort in accordance with standards established by the City. • Assist the City in negotiating arrangements with concessionaires, licensees, tenants and other users of the facilities. • Maintain an appropriate level of supplies for the facility and its customers. • Hire, train and supervise the staff necessary to manage and operate the facilities. • Prepare & submit to the City an annual operating budget including expenditures for facility operation & maintenance, repairs and alterations, furnishings, equipment and operating inventory, advertising, sales and business promotion and a five (5) year capital improvement program. • Provide a general manager for the Golf Course to be responsible for day to day management who shall reasonably be available during normal working hours. • Provide a director of golf who is a current Class "A" member in good standing of the Professional Golf Assn. or Ladies Professional Golf Assn. • Provide United States Golf Assn. golf handicap services to both men and women golfers who patronize the facility. • Provide starter services in golf shop including assignment of tee times and carts and the collection of fees. • Provide paid marshals when course is open for plan to closely monitor and control speed of play. • Provide Professional Golf Association or Ladies Golf Association certified instructors for golf lessons. • Manage Food and Beverage operations in the temporary clubhouse and on the golf course. Comply with all state and local law governing the sale and distribution of alcoholic beverages. Obtain and maintain all necessary food & beverage permits from the County of Riverside Department of Health. • In cooperation with City staff, develop and implement finance and accounting procedures necessary to accurately account for all income and expenses. • Provide a system that allows the Finance Department to link into the Golf Course financial records at anytime. • Have demonstrated experience in preparing and managing a golf course in a manner required by PGA Tour specifications. • Have demonstrated experience in interfacing with "5 Star" quality hotel management in accommodating hotel guests golf play. r) -rl 9 4.:) �, RANCH VISION The SilverRock Ranch's canvas spans 525 acres adjacent to the base of the Coral Reef Mountains in the City of La Quinta. It is our goal is to develop premiere hospitality and golf venues that become must -see destinations in the Coachella Valley. The final development will be crafted as if it had evolved over time by melding the rich hues of the desert and strong architectural elements inspired by the site with rusticated materials. The proposed buildings' architectural style is envisioned as one that captures a sense of lightness and beauty that's found in styles similar to a California Colonial or other southwest Spanish look or theme, keeping with the charm and character of the City. Environmental approvals have been secured to develop the following uses on SilverRock Ranch: a 250-room hotel with a 10,000 square foot conference center; 300 condo hotel or fractional units with up to 500 keys; two 18-hole public golf courses with a driving range and a 25,000 square foot clubhouse; one 9-hole public golf course; and 25,000 square feet of ancillary tourist commercial uses. Additional approved uses entail passive park space, trails, and view corridors. A Master Plan for the project was approved in May 2003. The Master Plan sets forth a preferred site development program and plan that will guide the precise planning processes. GMA International has been managing this activity and prepared the master plan and associated documents. Their work will be available to the selected organization. The RDA has secured funding to facilitate the development of one golf course and associated improvements. Additional information may be found at the project website: www.silverrockranch.com 3 10 Regional Location - 4wtj 11 Ranch Location �- 12 QUALIFIED MANAGEMENT CONTRACT The applicants are hereby informed that the Golf Course, as well as portions of the larger project, have been financed in material part through the issuance of tax exempt municipal bonds by the RDA. Additional tax exempt bonds may be issued by the City and/or RDA to fund additional portions of the project. Based upon the use of bonds which are exempt, in whole or in part, from the payment of federal income taxes, any management contract must constitute a "Qualified Management Contract" within the meaning of Section 1.141-3(b)(4) of the Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended. More specifically, the applicants are directed to Revenue Proclamation 97-13 and Revenue Proclamation 2001-31 (collectively, the "Revenue Proclamation") which provide substantive standards for Qualified Management Contracts. All proposals must comply with the requirements of the Revenue Proclamation and constitute, in whole, a "Qualified Management Contract" within the meaning of the Revenue Proclamation and Section 1.141-3(b)(4). In any work proposal and/or cost proposal, the applicants are responsible for ensuring compliance with the Revenue Proclamation and Section 1.141-3(b)(4). Any work proposal and/or cost proposal which, in substance, proposes a management contract which results in a private business use will be rejected. 13 CONTRACT TEMPLATES Attached to this Request for Proposal are two contract templates. The first contract template, entitled "Golf Course Management Agreement by and between City of La Quinta and " (the "Management Agreement"), will serve as the governing document between the City and the Management Firm in relation to post -opening duties (Exhibit B). The second contract template, entitled "Agreement for Professional Services" (the "Professional Service Agreement") will serve as the governing document between the City and the Management Firm in relation to pre -golf course activities and duties (Exhibit Q. The Management Agreement and the Professional Service Agreement (collectively the "Agreements") are intended to serve as templates for the ultimate agreements executed between the City and/or its assigns, including, without limitation, the RDA and the La Quinta Public Financing Authority, and the Management Firm. The City does not intend to deviate materially from the terms and conditions of the Agreements but will consider specific modifications. In framing the work proposal and the cost proposal, the applicants should take into account the Agreements, and the terms and conditions thereof, and assume their controlling applicability to the ultimate documents. To the extent that the applicant has assumed that the Agreements will be modified, in whole or in part, in preparing its work proposal and/or cost proposal, it shall delineate, with specificity, any and all deviations, modifications, amendments, deletions, substitutions, or other changes, to the Agreements, referenced by agreement, section number, and specific alternative language, so that the City possesses a clear and complete understanding as to the assumptions contained in the work proposal and/or cost proposal. Certain provisions of the Agreements, such as the compensation provisions and terms, are intentionally left open-ended, and the applicants are free to propose any terms and conditions which they deem appropriate, so long as said terms and conditions are consistent with other requirements of this Request for Proposal, including, without limitation, compliance with the Revenue Proclamation and applicable provisions of Section 1.141-3(b)(4) of the Regulations. 4. 5 1 14 SUBMITTAL PROCEDURES Proposal Packages and Submittal Deadline A work proposal and a cost proposal are to be submitted in separate envelopes, clearly marked with the consultant's name, address and phone number. Work proposals are to be submitted in the envelope marked "Work Proposal" and cost proposals are to be submitted in the envelope marked "Cost Proposal." Fax or e-mail proposals will not be accepted. Ten (10) proposal packages are due by 1:00 p.m., Wednesday0, November 26, 2003, and delivered to: Mark Weiss, Assistant Executive La Quinta Redevelop 78-495 Calle T P. O. Box 1 La Quinta, CA Contact Person ,ctor/Proj ect Manager t Agency 3 All questions regarding SilverRock Ranch and this Request for Proposals should be directed to Mark Weiss via email at mweiss@la-quinta.org. PROPOSAL FORMAT Respondents are encouraged to keep their proposals brief (not to exceed 20 pages) and relevant to the specific work required. Proposals shall include a minimum of the following items: 1. Work Proposal (Envelope 1) — Submit ten (10) copies limited to a maximum of 20 pages. A. Cover Letter i. The name, address and phone number of the contact person for the remainder of the selection process. 11. Any qualifying statements or comments regarding the proposal and relevant to the information provided in the RFP or the proposed contract. iii. Identification of sub consultants, if any, and their responsibilities. B. Statement of Qualifications i. A listing of project personnel including relevant experience and resumes. 11. A listing of the number of new contracts for similar services obtained in the last five years. iii. A listing of the number of current contracts, and the number of contracts expiring or up for renewal in the next five years. Include names & phone numbers for reference. iv. Provide two years current and audited financial statements. V. Experience with public agencies golf course management including names and current phone numbers of references for listed projects. C. Project Understanding and Approach / ' r 16 4..4/ A narrative that details your understanding of the project and how the organization will approach the requested services. D. Scope of Services i. A description of the tasks, sub tasks, and specific deliverables that will be provided. ii. A description of the firm's current workload with discussion of how this project would be incorporated into the firm's work schedule. E. Schedule Requirements The anticipated date for a Notice to Proceed is February 1 % 2003. ii. The Agency envisions a 60-month term for golf course management services. 2. Cost Proposal (Envelope 2) (Submit one copy) A. A detailed cost proposal outlining fees for pre -opening & post -opening services and materials is required including the direct and indirect rates (with overhead) and percent of profit anticipated in completing the services as outlined in this RFP. Man hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub task. A not -to -exceed allowance for reimbursable expenses should also be included within the cost proposal. 3. Deviations and/or Modifications to the Agreements A. The applicant should delineate by agreement, section number, and specific language, any and all deviations, modifications, amendments, deletions, substitutions, or other changes to the Agreements, or any of them, which are assumed and/or proposed as part of the work proposal and/or cost proposal. To the extent that the applicant proposes deletions to the Agreements, it shall specify the exact section and/or language to be eliminated. To the extent that the applicant proposes any amendments to the Agreement, it shall provide specific substitute language upon which its work proposal and/or cost proposal is predicated. Applicants may submit "redlined" agreements delineating all proposed modifications. 17 SELECTION PROCESS A Golf Course Management Selection Committee will review the work proposals. The Committee will select the firms for interviews based upon the materials submitted in the work proposal. The Committee will interview selected firms and rank the firms. Only after the ranking process is complete will the cost proposals be opened. The Committee will then recommend the top two to four firms that will be interviewed. The final selection will be made by the City Council. The successful firm will be expected to enter into the attached Contract Services Agreement. The tentative schedule is as follows: Issue Request for Proposals Mandatory Pre -Proposal Meeting Proposal due Oral interviews Agency Board consideration Start activities October 21, 2003 November 19, 2001 November 26, 2003 December 4, 2003 December 16, 2003 February 1, 2004 This solicitation does not commit the City or RDA to award a contract, to pay any cost incurred with the preparation of a proposal, or to procure or contract for services or supplies. The City and RDA reserve the right to accept or reject any or all proposals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this proposal process if it is in the best interests of the City or RDA to do so, in their sole discretion. Subsequent to contract negotiations, prospective consultants may be required to submit revisions to their proposals. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the Staff and the approval of the Legislative body. 261 18 GOLF COURSE MANAGEMENT AGREEMENT BY AND BETWEEN CITY OF LA QUINTA ^ r' / 9 4/�w -w GOLF COURSE MANAGEMENT AGREEMENT THIS GOLF COURSE MANAGEMENT AGREEMENT ("Agreement") is made and entered into this day of , 2004 ("Effective Date") by and between the CITY OF LA QUINTA, a municipal corporation ("City"), and an corporation ("Manager"). RECITALS A. City will be or is responsible for the development and operation of the a public golf course, to be known as the Silver Rock Ranch Golf Course, located in the City of La Quinta, California, consisting of an initial 18-hole golf course, a driving range, clubhouse, pro shop, and maintenance facility described in Attachment 1 (collectively, the "Golf Course"). B. City, if it develops, opens, and operates the Golf Course, desires to utilize the services of Manager to manage the Golf Course upon the terms and conditions set forth in this Agreement. C. City and Manager acknowledge that this Agreement is being executed prior to the City undertaking the construction and development of the Golf Course in anticipation of such construction and development. Nothing herein shall obligate the City to construct the Gold Course or to construct the Golf Course within any given period of time. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, City and Manager hereby agree as follows: 1.0 DEFINITIONS As used in this Agreement, the following terms shall have the respective meanings indicated below: 1.1 Affiliate. Any and all corporations, partnerships, trusts, and other entities directly or indirectly controlled by, controlling, or subject to direct or indirect common control of an entity or person. 1.2 Capital Improvement Fund. The funds The funds to be held by the City pursuant to Section 4.10.1. 1.3 CayitalImprovements. Any alteration, addition, improvement, repair, replacement, rebuilding, or renovation to the Golf Course, the cost of which exceeds Three Thousand Dollars ($3,000.00). 1.4 C �.O �..63 1$ The City of La Quinta, a municipal corporation. 1.5 City Council. The City Council of the City of La Quinta. 1.6 Cily Manager. The person holding the position of City Manager _of the City of La Quinta, or his or her authorized designee, including but not limited to the Project Manager. 1.7 Use Permit. Any use permit, by whatever name, for the Golf Course approved by and issued by the City in accordance with the La Quinta Zoning Code. 1.8 Cost of Sales. All monies expended by Manager for the purchase of consumable items at the Golf Course, including but not limited to food and beverages (including liquor) and Pro Shop merchandise. 1.9 Employee Compensation. The direct salaries and wages paid to or accruing for the benefit of the management staff and all other persons employed by Manager at the Golf Course, together with all fringe benefits payable to or accruing for the benefit of such employees, including employer's contribution under the Federal Insurance Contributions Act ("FICA"), unemployment compensation, or other employment taxes, pension fund contributions, worker's compensation, group life and accident and health insurance premiums, profit sharing, retirement, disability and other similar benefits, as determined by Manager and as set forth in the approved Annual Plan. 1.10 Furnishin sg and Equipment. All furniture, furnishings, trade fixtures, apparatus and equipment, including without limitation course maintenance vehicles and equipment, golf carts, driving range pickers and pullers, mats, range ball baskets, cash registers, rental golf clubs and bags, ball washers, benches, uniforms, kitchen equipment, appliances, china, glassware, silverware, office equipment computers, copy machines, facsimile machines, telephone systems (not including pay telephones), and other personal property used in or held in storage for use in the operation of the Golf Course, other than Operating Inventory. 1.11 Golf Course Expenses. The total of (a) all expenses specifically identified as "Golf Course Expenses" in this Agreement; and (b) all other expenses incurred by Manager in connection with the Golf Course or this Agreement, which expenses were either (i) not reasonably anticipated by the parties or otherwise provided in this Agreement, or (ii) which expenses if assumed by Manager would be ;r 264n inconsistent with the role of a golf course manager, provided that any such unplanned expense which exceeds Five Thousand Dollars ($5,000.00) must have prior written approval from the City Manager, which approval shall not be unreasonably withheld. Golf Course Expenses shall not include any expenses of Manager's corporate office, or any services rendered by Manager's corporate offices for or to the Golf Course or the management thereof, or the compensation of any corporate or regional employee of Manager. 1.12 Golf Course Operations and Maintenance Evaluation Form. The form, attached to this Agreement as Exhibit "B", to be used to evaluate Manager's adherence to the Golf Course Operations and Maintenance Standards. The Golf Course Operations and Maintenance Evaluation Form includes a "Clubhouse Audit" form. 1.13 Golf Course Operations and Maintenance Standards. Those maintenance standards set forth in Exhibit "A" to this Agreement which may be modified from time to time by mutual written agreement of the City Manager and Manager's representative identified in Section 11.1 1.14 Impositions. All taxes and assessments (including without limitation real property taxes and assessments, possessory interest taxes, and personal property taxes), water, sewer or other similar rents, rates and charges, levies, license fees, permit fees, inspection fees and other authorization fees and charges, which at any time may be assessed, levied, confirmed or imposed on the Golf Course or the operation of the Golf Course. 1.15 Index. The Consumer Price Index for All Urban Consumers for Los Angeles - Anaheim Riverside (1982-94 equals 100) as published by the United States Department of Labor, Bureau of Labor Statistics. 1.16 Insurance Requirements. All requirements of each insurance policy, and all orders, rules, regulations and other requirements of the City and of National Board of Fire Underwriters (or any other body exercising similar functions), applicable to the Golf Course or the operation of the Golf Course. 1.17 Legal 1 Requirements. All laws, statutes, ordinances, orders, rules, regulations, permits, licenses, authorizations, directives and requirements of governments and governmental authorities, which now or hereafter may be applicable to the Golf Course or the operation of the Golf Course. 1.18 Manager. , or any successor to 's interest under this Agreement as provided in Section 9.2. 1.19 Notice of Golf Course Deficiency. The form attached to this Agreement as Exhibit "C" to be used to notify Manager of Deficiency Items (as that term is defined in Section 3.8.1). 1.20 Operating Inventory. Consumable items used in or held in storage for use in the operation of the Golf Course, including scorecards and cart tickets, driving range balls, golf pro shop merchandise, food and beverage inventory, kitchen supplies, paper and plastic ware, locker room and bathroom supplies, towels, fuel, cleaning materials, fertilizers, pesticides, seed, maintenance parts and supplies, office supplies, and other similar items. 1.21 Operating Year. An Operating Year shall be a twelve (12) month period during the term of this Agreement commencing on July 1 and continuing through and including the following June 30. 1.22 Project Manager. The individual designated by the City Manager to serve as the "Project Manager" pursuant to Section 11.1, or his or her authorized designee. 1.23 Tee Committee. The advisory group established by the City with respect to the Golf Course. In the City's sole and absolute discretion, the composition of the Tee Committee may, from time to time, be altered in size or membership, or abolished and reestablished. 1.24 Weekends. The period commencing at 12:01 a.m. Friday and ending at 11:59 p.m. on Sunday. 2.0 TERM OF AGREEMENT 2.1 Effective Date: Term. City is contracting with Manager, pursuant to this Agreement, for provision by Manager of Golf Course management services after completion of construction of the Golf Course. In recognition of the foregoing, this Agreement shall be effective on the Effective Date set forth in the preamble, but the term of Manager's management of the completed Golf Course shall be the "Management Term" set forth in Section 2.2. 23 40.60 2.2 Management Term.. The Management Term shall commence upon the issuance of a notice by City Manager to Manager that the Golf Course construction and development has been completed and that the City has decided to open and operate the Golf Course (the "Notice of Completion") ("Management Term Commencement Date"). The Management Term and this Agreement shall end on the date that is the (___) anniversary of the Management Term Commencement Date. If the Notice of Completion is not issued for any reason, the Management Term shall not commence and neither the City nor the Manager shall possess any right, obligatory duty, or privilege pursuant to this Agreement. 3.0 GOLF COURSE OPERATIONS AND MANAGEMENT 3.1 Management of the Golf Course by Manager. City hereby contracts with Manager, during the Management Term, to manage and operate the Golf Course following completion of construction pursuant to the terms of this Agreement, and Manager agrees it shall manage and operate the Golf Course in such manner. Subject to the terms of this Agreement, Manager shall have authority and responsibility to: (a) implement the policies and standards for the Golf Course as determined by the City; (b) manage and supervise all day-to-day operations of the Golf Course including starting, course marshals, pro shop, building and course maintenance, security, cart rental, driving range, food and beverage service, golf instruction, and administration/management; (c) subject to Section 3.5.2, set, from time to time, greens fees and fees and charges for other uses and items charged to Golf Course customers, provided that such fees and charges shall be competitive with fees and charges imposed or charged by comparable golf courses in The Coachella Valley; (d) hire, train, and supervise all employees required to carry out Manager's responsibilities, including without limitation the general manager, course superintendent, and director of golf; (e) acquire all goods and services necessary to carry out Manager's responsibilities; (f) acquire all necessary licenses and permits for the operation of the Golf Course including related to food preparation and alcoholic beverages; (g) manage all course reservations, tee times, and tournaments; (h) manage all marketing and promotional activities and customer service relations; (i) manage accounting and payroll procedures and functions; and 0) prepare such annual and other plans and reports as set forth in this Agreement. City agrees it shall cooperate with Manager to permit and assist Manager to carry out its duties under this Agreement. 3.2 Annual Plan. 3.2.1 Preparation and Approval. Manager shall submit to the City Manager, initially within ninety (90) days after the Effective Date hereof, and thereafter annually on or before April 1 of each year, the annual plan for the Golf Course for the next Operating Year ("Annual Plan"). The Annual Plan shall include a monthly operating budget containing bona fide good faith estimates of all Golf Course Expenses for the next Operating Year, including expenditures for (a) property operation and maintenance, (b) repairs, replacements, and alterations which do not constitute Capital Improvements, (c) Furnishings and Equipment and Operating Inventory, and (d) advertising, "n67 2 sales, and business promotion. The Annual Plan shall also include the course maintenance plan and the marketing and business plan for the Golf Course for the next Operating Year. The parties agree that they shall use their best efforts to limit the increase in total Golf Course Expenses during the term of this Agreement to the increase in the Index. Any increase in excess of the increase in the Index shall be thoroughly documented in the Annual Plan. The parties understand that, as provided in Section 3.10 of this Agreement, recommendations and budgets for Capital Improvements will be treated separately and will not form part of the Annual Plan. The Annual Plan shall be subject to the prior written approval of the City Council. The Project Manager and City Manager agree to examine each Annual Plan submitted by Manager and to work with Manager to develop an Annual Plan that can be forwarded to the City Council with a positive recommendation from the Project Manager and City Manager; provided, however, that Manager is not required to obtain the approval of the Project Manager and City Manager before submitting the Annual Plan to the City Council. It is contemplated by the parties that the Annual Plan will be agreed upon by Manager and City Council not later than sixty (60) days following delivery of the Annual Plan by Manager to the City Council. If the City Council fails to either approve the Annual Plan within said 60-day period or to advise Manager in writing of its objections to the Annual Plan within such period, then the City Council shall be deemed to have disapproved the Annual Plan as submitted. In the event of a dispute with regard to the Annual Plan, pending the resolution of such dispute, Manager shall continue to manage and operate the Golf Course in accordance with the standards set forth in this Agreement at a level of expenditures comparable to those of the preceding Operating Year plus up to an additional two percent (2%) of such amount. This two percent (2%) shall apply to actual course costs, and shall not include any expenditure not authorized as a Golf Course Expense pursuant to this Agreement, nor the Fixed Management Fee as defined in Section 4.1.1, nor the Percentage Management Fee defined in Section 4.1.2. The Fixed Management Fee shall be subject to the Index adjustment only in the manner described in Sections 4.1.1. 3.2.2 Compliance. Manager shall comply, to the extent reasonably and commercially practicable, with the applicable Annual Plan. Without the prior written consent of City Manager (which consent shall not be unreasonably withheld), the actual amount expended per calendar month for Golf Course Expenses shall not be greater than two percent (2%) higher than the amount budgeted for that calendar month in the Annual Plan. Notwithstanding the foregoing sentence, Manager shall be entitled to make additional expenditures not authorized under the then applicable Annual Plan in the event of an emergency or in order to comply with any applicable Insurance Requirements or Legal Requirements. 3.2.3 Quarterly Review of Annual Plan. Every three (3) months, the City Manager, or the Project Manager if designated by the City Manager, and the general manager of the Golf Course shall meet and discuss the operating results of the Golf Course, and they shall agree in writing on any necessary amendments or revisions to the Annual Plan to take into consideration variables or events that did not exist, or could not be anticipated by Manager or City, at the time the Annual Plan was prepared. Any 2�;d5 material amendments or revisions to the Annual Plan shall require the approval of the City Council. 3.3 Responsibilities of Manager. Without in any way limiting Manager's right to manage and operate the Golf Course in accordance with the terms of this Agreement, Manager shall, in addition to other obligations and responsibilities set forth in this Agreement, perform the following services, or cause the same to be performed for the Golf Course, and all expenditures of Manager and costs and expenses incurred by Manager in performing these services, including the "Management Fees" (as defined in Section 4.1) shall be Golf Course Expenses: (a) consummate arrangements with concessionaires, licensees, tenants, or other intended users of the Golf Course; (b) enter into such contracts for the furnishing of utilities and maintenance and other services to the Golf Course, subject to Section 3.6; (c) make all repairs, decorations, replacements, additions, revisions, alterations and improvements to the Golf Course as shall be reasonably necessary for maintenance of the Golf Course in good order, condition and repair, subject to the terms of this Agreement; (d) incur such expenses as shall be necessary for the proper operation and maintenance of the Golf Course, including without limitation rental expenses for leased Furnishings and Equipment pursuant to the Golf Course Maintenance Standards; (e) maintain a level of Operating Inventory deemed appropriate by Manager for supplying the needs of the Golf Course and its customers; (f) apply for, and use its best efforts to obtain and maintain, all licenses and permits required of Manager in connection with the operation and management of the Golf Course; and City agrees to execute any and all applications and such other documents as shall be reasonably required and to otherwise cooperate, in all reasonable respects, with Manager in the application for, and obtaining and maintenance of, such licenses and permits; (g) use its best efforts to do, or cause to be done, all such acts and things in and about the Golf Course as shall be reasonably necessary to comply with all Insurance Requirements and Legal Requirements; (h) pay all Impositions and insurance premiums when due; (i) implement a marketing, advertising, and promotional plan for the Golf Course; (j) purchase Furnishings and Equipment necessary to operate and maintain the Golf Course in the manner provided in this Agreement; 26 (k) maintain the landscaping within the boundaries of the Golf Course pursuant to the Golf Course Operations and Maintenance Standards; and (1) defend and settle claims, lawsuits, and demands relating to the Golf Course and Golf Course personnel (as further provided in and subject to Section 3.12 below), and retain legal counsel (and pay legal fees and costs) who under the direction of Manager will represent City, Manager, and the Golf Course on all questions relating to Legal Requirements, will defend any claims or actions brought against Manager or City relating to the Golf Course or Golf Course personnel, and will institute and defend any and all legal actions or proceedings as shall be reasonably necessary to collect charges, rent or other income for the Golf Course to dispossess tenants or other persons in possession from all or any portion of the Golf Course, to cancel or terminate any lease, license or concession agreement on the grounds of default by the tenant, licensee, or concessionaire, or to contest property taxes. Manager shall notify City of any claims or lawsuits relating to the Golf Course within three (3) days after Manager receives notice of such claims or lawsuits. Any legal fees paid by Manager and charged as a Golf Course Expense shall be for legal services directly related to the Golf Course and shall not include any Manager corporate overhead or administrative fee or charge. The City Manager shall have the right to pre -approve any legal counsel retained by Manager to defend the City, and to approve all legal bills incurred in such defense. 3.4 Personnel. 3.4.1 General. Subject to Section 3.4.4, Manager shall employ all of the employees of the Golf Course. Manager shall recruit, hire, train, discharge, promote and supervise the management staff of the Golf Course (i.e., the general manager, the course superintendent, and other key personnel), and Manager shall supervise through the management staff the recruiting, hiring, training, discharge, promotion and work of all other employees of the Golf Course. All employees of the Golf Course shall be properly qualified for their positions. The employee compensation of the management staff and all other Golf Course employees shall be a Golf Course Expense. City agrees, for a period of two (2) years following the expiration of the Management Term or earlier termination of this Agreement pursuant to the terms of this Agreement, not to employ or retain as a contractor, any of the foregoing referenced Golf Course general manager, course superintendent, or other key personnel, to manage or operate the Golf Course. 3.4.2 Pension and Benefit Plans. Manager shall have the right to provide eligible employees of the Golf Course with pensions and other employee retirement benefits and disability, health and welfare benefits, and other benefit plans now or hereafter available to employees of other golf courses and country clubs operated by Manager, and the allocable share of such employee benefits shall be a Golf Course Expense. 3.4.3 Temporary Assignment of Other Manager Personnel. If the position of general manager, course superintendent, or other key management positions of the Golf Course are not filled for whatever reason, Manager may temporarily assign 27 to these positions the staff of other golf courses and country clubs operated by Manager or other qualified Manager staff; provided, however, that said temporary assignment shall not exceed ninety (90) days without the written approval of the City Manager. During such time as these employees are temporarily assigned to the Golf Course, all such employees will be paid their regular Employee Compensation, and the pro-rata share of such Employees' Compensation equal to the actual time such employees worked at the Golf Course shall be a Golf Course Expense. 3.4.4 Management Staff. The general manager of the Golf Course shall be responsible for the day to day management and operation of the Golf Course. The name and telephone number (both home and business) of the general manager shall be provided, in writing, to the City Manager and shall be current at all times. The general manager shall be reasonably available during normal working, hours to meet with the City Manager. After normal working hours, the general manager shall be reasonably available to appear at the Golf Course if deemed necessary by the City Manager. The course superintendent for the Golf Course shall be certified by the Golf Course Superintendents Association. The director of golf for the Golf Course shall be a current Class "A" member in good standing of the Professional Golf Association or the Ladies Professional Golf Association. The City Manager shall have the right to approve the individuals who Manager intends to hire to fill the positions of general manager, golf course superintendent, and director of golf (regardless of the titles given for such positions by Manager), which approval shall not be unreasonably withheld. 3.5 Specific Operating Procedures. In addition to the more general responsibilities of Manager as manager of the Golf Course as provided in this Article 3.0, Manager shall operate and manage the Golf Course in accordance with the following operating procedures consistent with the approved budget and Annual Plan: 3.5.1 Golf Course Hours of Operation. Except upon the occurrence of the events described in Article 10.0 of this Agreement, the Golf Course shall be operated on a daily basis all year and shall not be closed on holidays. The Golf Course shall be kept open during all hours necessary to adequately serve the public utilizing the Golf Course, subject to the specific conditions of the Conditional Use Permit and except for instances in which normal maintenance requires temporary closure. The driving range may be open when the Golf Course is closed, subject to the conditions of the Conditional Use Permit. The inside food and beverage services of the Golf Course clubhouse shall be open all year, except as otherwise approved by the City Manager. The permitted hours for food and beverage services in the clubhouse restaurant shall be as provided in the Conditional Use Permit. 3.5.2 Fees and Charges. 3.5.2.1 Setting of Fees. City Council shall, from time to time, set the amount for fees and charges for services at the Golf Course, including greens fees (which shall include use of a golf cart), club rental, and driving range. All fees, charges, and prices at the Golf Course set by City Council shall be comparative and competitive with other first class public golf courses in Riverside County. City shall consult with Manager in setting fees and charges. 3.5.2.2 Resident Green Fee Discount. The City Council may establish a "Resident Green Fee Discount," whereby La Quinta residents shall receive a discount on daily play green fees on all days except Weekends and holidays. The City Council shall set the amount of the resident green fee discount except that said discount shall not be less than percent (_%) nor more than percent (_%) for both advanced reservations and same -day reservations. Manager shall develop all necessary rules and procedures for implementing the Resident Green Fee Discount, which rules and procedures shall be subject to the prior written approval of the City Manager. 3.5.3 Reservation of Golf Rounds. The City Council shall establish a system for advance reservations of golf tee times, including a preferential tee time reservation method for residents of the City and guests of hotels/motels/etc. located within the City. 3.5.4 Dress Code. Bathing attire, cut-offs and short shorts, halter tops, tube tops, tank tops, running outfits, and similar types of recreational wear are not considered proper dress on the Golf Course and shall not be permitted. Shirts and shoes shall be worn at all times at the Golf Course. Men's shirts shall have collars and sleeves. This dress code shall apply to all visitors, golfers, and employees, including independent contractors hired by Manager to provide golf instruction, marshalling service, starter service, pro shop or food beverage sales, etc. 3.5.5 Handicap Service. During the term of this Agreement, Manager shall provide at the Golf Course a golf handicap service to both men and women golfers who patronize the Golf Course. The fee charged to golfers by Manager for such handicap service shall be an annual fee and shall not exceed two times the fee charged to the Golf Course by Southern California Golf Association or United States Golf Association, as the case may be, for providing the handicap service. Manager shall not collect annual fees for the handicap service for any annual period that commences after the expiration of the term of this Agreement. The handicap service shall not include as part of its benefits any privileges to use the Golf Course, other than the privileges otherwise available to the general public. 3.5.6 Starter Service and Marshals. Starter services shall be provided and shall include the assignment of tee times and carts and the collection of fees. While the Golf Course is open for play, marshals shall closely monitor and control the speed of play and assist the slower golfers in order to maintain golf play at acceptable levels. 3.5.7 Golf Club Pick -Up. Pick-up and delivery of golf clubs and bags to and from the clubhouse entrance shall be provided at all times when requested by a Golf Course customer. There shall be no charge to the Golf Course customers for golf club pickup and delivery. Appropriate Golf Course employees may accept gratuities from customers for such services. 3.5.8 Club Cleaning. Golf club cleaning services shall be provided to golfers immediately upon their completion of golf play. There shall be no charge to the golfers for golf club cleaning services. Appropriate Golf Course employees may accept gratuities from golfers for such services. 3.5.9 Tee Times. The tee times for the Golf Course shall be scheduled at no more than eight (8) tee reservation times per hour. 3.5.10 PlgAng Pace; Fivesome Play. Manager and City agree that fivesome play should be permitted only in unusual circumstances, but when permitted no more than two (2) fivesomes per hour on the Golf Course shall be allowed. The play of all players, including all fivesomes, shall be closely monitored, and the golf course marshals shall enforce playing time requirements to maintain a playing pace that insures eight (8) tee times per hour. 3.5.11 Tournaments. Consecutive tee times, shotgun starting formats, and modified shotgun starting formats shall be acceptable forms of reservations for tournaments. During the appropriate seasons and provided the weather conditions permit such an arrangement, when a full shotgun (use of all 18 holes) starting procedure is used, it shall be timed in such a manner so as to potentially accommodate two (2) full shotguns per day —one in the morning and one in the afternoon. In order to schedule a full shotgun tournament, a minimum of one hundred (100) green fees and cart fees must be reserved. Manager shall take all actions necessary to accommodate a scheduled tournament, including but not limited to course preparation, player scorecards, food service, and other customary services reasonably requested by tournament organizers and appropriate for tournament play. Manager may charge additional fees for unusual or special services. Notwithstanding anything in the foregoing to the contrary, no tournaments shall be scheduled on Weekends without the prior written approval of the City Manager. 3.5.12 Golf Pro Shop. The Golf Course pro shop shall be open every day at the same hours that the Golf Course is open for play, subject to compliance with the Conditional Use Permit. Manager shall employ merchandise sales personnel to work in the pro shop when it is open for business. Manager shall evaluate the necessity of engaging a qualified merchandise manager for the pro shop who would be responsible for promoting and increasing sales at the pro shop, and, if necessary, shall employ such a merchandise manager. Merchandise that can reasonably be, classified as "stale" or "unsellable" may be marked down. If Manager determines that any aged merchandise in the pro shop should not be sold, whether on a discounted basis or otherwise, because of the reputation or image of the pro shop, then with the City Manager's approval Manager may purchase with its own funds (and not from the Golf Course Accounts) such merchandise at cost for purposes of selling such merchandise at other golf courses operated by Manager. Space shall be provided in the pro shop for merchandise that City may develop as part of its marketing and public relations programs, including but not limited to such items as T-shirts, polo shirts, sun visors, license plate frames, coffee cups, and golf balls. 3.5.13 Golf Instruction. Manager shall either employ or shall retain as independent contractors golf instructors to provide golf lessons and golf instruction at the Golf Course. All golf instructors must be certified Professional Golf Association or Ladies Professional Golf Association golf professionals or apprentices. All golf instruction fees shall be handled as a cash register transaction and reported in the same manner as green fees. Manager shall develop a golf instructional program that will offer individual and group lessons, video instruction, golf clinics, junior golf clinics, and golf schools. A golf professional shall only be allowed to conduct golf lessons at the Golf Course if he or she has first obtained the approval to do so by Manager. 3.5.14 Golf Driving Ranpe. The driving range (including driving range building) shall be open consistent with the times permitted by the Conditional Use Permit. Driving range balls shall be of the highest quality, and all cracked and worn range balls shall be removed daily. A fee shall be charged for use of the driving range; provided, however, that at Manager's discretion, a certain amount of driving range balls as determined by Manager may be provided at no additional cost to those golfers who have paid green fees on that day. 3.5.15 Golf Club Rentals. Quality rental golf clubs, both left-handed and right-handed, and bags shall be available for rental to customers of the Golf Course at a fee to be determined from time to time by Manager. 3.5.16 Golf Carts. Golf carts shall be provided to all golfers on the Golf Course as part of the green fee. Use of the golf cart by the golfer(s) shall be optional but may be required by golf course manager or designee if, on a particular day or during part of a particular day, use of golf carts is necessary to maintain satisfactory playing pace or for reasons of safety or other reasons related to the quality of play and maintenance of the Golf Course. Manager shall not permit the use of private golf carts on the Golf Course. Manager shall provide a sufficient number of electrically -powered golf carts to accommodate players. Golf carts shall be new when purchased or leased and shall be manufactured by a reputable firm. Manager shall investigate use of a GPS system on the Golf Course, and incorporating such technology as a feature on the golf cart. The entire golf cart fleet shall be replaced with new units at least every three (3) years. All golf carts shall be 4-wheel AWA vehicles, and shall be equipped with canopies, sand and seed containers, and holders. Manager shall employ a full time on -site golf cart mechanic who is qualified to repair and maintain the golf carts. 3.5.17 Food and Beverage Operations. The Golf Course shall include a restaurant located in the clubhouse and a snack bar which shall be operated in accordance with the Conditional Use Permit. Temporary fixed food stands shall not be installed on the Golf Course except for special events. Manager shall provide a staffed food service and beverage cart for the service of players on the Golf Course during peak hours of operation. Manager shall comply with all requirements of state and local law governing the sale and distribution of alcoholic beverages. Manager shall obtain and maintain all permits from all governmental agencies having jurisdiction for all food and beverage operations at the Golf Course. Manager shall comply with all health law and regulations as existing or as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained in the administrative office at the Golf Course. Manager, for all food and beverage employees, shall comply with all applicable codes and regulations as relates to tuberculosis and other health and disease testing as now or hereafter required by applicable law. Prices of food and beverages sold at the Golf Course shall be market rate and competitive with prices charged at comparable first class public golf courses in Riverside County. 3.5.18 Office Operations. Manager shall employ sufficient administrative staff at the Golf Course to permit Manager to competently perform Manager's obligations under this Agreement. Upon City's written request, Manager shall provide the City Manager with a written job description for each management position at the Golf Course. The City Manager shall keep these job descriptions in strict confidence, subject to applicable public records disclosure laws. Manager shall maintain at the Golf Course copies of all Manager corporate policies and procedures, as such may be changed from time to time. 3.5.19 Safety and Security. The Golf Course shall comply with all safety regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Section 6300 et seq, and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. Manager shall take all reasonable actions to protect the safety of all Golf Course employees and customers. The Golf Course shall contain appropriate security systems, including video monitoring of cash operations, security alarm systems, motion detection sensors for after hours control, and locks for the maintenance yard and perimeter gates. The alarm system at the Golf Course shall be tied into an offsite monitoring station. Manager shall keep for seven (7) days computer back-up tapes for all accounts payable and accounts receivable information. All records at the Golf Course shall be kept in fireproof files. 3.5.20 Customer Evaluation Forms. 32 Forms shall be available to customers of the Golf Course to present their comments or complaints regarding the Golf Course. Completed forms shall be collected on weekly basis and retained by Manager at the Golf Course for not less than one (1) year and made available to City upon request. 3.5.21 Scorecards. Manager shall provide scorecards printed specifically for the Golf Course. The scorecards shall carry the name (and logo if one has been created) of the Golf Course as directed by the City pursuant to Article 6.0. The scorecards shall, at Manager's option, also include wording stating that the Golf Course is managed by Manager. 3.5.22 Junior Golf Program. Manager shall plan, implement, and supervise a "Junior Golf Program" for elementary school, middle school, junior high school, and high school aged La Quinta residents (i.e., high school -aged and below). The purpose of the Junior Golf Program is to encourage participation in golf, teach golfing skills and course etiquette, and promote competition and sportsmanship. The program shall include incentives for encouraging participation such as non -peak time green fee discounts, free clinics, discounts on golf lessons, use of the facility for high school golf team practice/matches, etc. Manager shall incorporate the parameters of the Junior Golf Program as part of the Annual Plan. 3.6 Contracts and Agreements. Except as provided below, all leases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the operation and maintenance of the Golf Course (including without limitation golf professional contracts, contracts for maintenance and repair services, pest control, supplies, and landscaping services, and agreements for tournaments, banquets, and other group functions), entered into during the term of this Agreement shall be entered into by Manager as the contracting party. If the term of the lease, financing agreement, or other contract or agreement extends beyond the expiration date of this Agreement, or if the date for performance under such contract is after the expiration date of this Agreement, then Manager shall obtain the prior written approval of the City Manager for such agreements and City agrees, upon expiration of this Agreement, to assume all such agreements it has so approved. 3.7 Alterations to Buildings. Manager shall not make any substantial alterations, additions, or changes to the exterior appearance or the structural nature of the clubhouse, golf pro shop, maintenance building, or other buildings located at the Golf Course without the prior consent of the City Manager. 3.8 Operations and Maintenance Standards. The parties acknowledge and agree that the Golf Course shall be operated and maintained as a first class golf course. As used herein, "first class golf course" shall mean a golf course comparable to the following golf courses in Riverside County, California, as they existed on the r)ryAl Ol J� Effective Date of this Agreement. In addition to all other responsibilities of Manager under this Agreement, Manager agrees that at all times during the term of this Agreement, the Golf Course shall be operated and maintained in accordance with the standards set forth in the Golf Course Operations and Maintenance Standards consistent with the approved budget and Annual Plan. 3.8.1 City Inspection and Evaluation. At one or more times, and at any time and from time to time, but not less than monthly during the term of this Agreement, the City Manager shall inspect some or all of the Golf Course for purposes of compliance with the Golf Course Operations and Maintenance Standards and this Section 3.8. In conducting such inspection and evaluation, the City Manager shall complete the Golf Course Operations and Maintenance Evaluation Form, or applicable portions thereof, and shall promptly thereafter provide Manager a copy of the completed form or applicable portion thereof. City agrees that the City Manager shall act reasonably and in good faith in making the determination of whether the Golf Course Operations and Maintenance Standards, or applicable portion thereof, have been met. As set forth in Exhibit "B", the Golf Course Operations and Maintenance components shall be rated as "Acceptable," "Needs Improvement," and "Unacceptable." An overall rating using the same scale shall also be determined on not less than a monthly basis. Notwithstanding Manager's obligation to correct Deficiency Items as set forth below, Manager shall be in compliance with the Golf Course Operations and Maintenance Standards unless an overall rating is determined to be "Unacceptable." The City Manager's rating of an item as "Unacceptable" or "Needs Improvement" shall, upon Manager's receipt of the Golf Course Operations and Maintenance Evaluation Form, constitute a Notice of Golf Course Deficiency with respect to the deficient item(s). Within one (1) week after receipt of the Golf Course Operations and Maintenance Evaluation Form, the City Manager and general manager of the Golf Course, and the golf course superintendent if necessary, shall meet to review the Deficiency Item(s), including the corrective actions Manager intends to take to correct the Deficiency Item(s). Manager shall complete the "Statement of Corrective Action" detailing the steps it intends to take to correct each Deficiency Item and the time schedule for completion of corrective action. The proposed corrective action and the time schedule shall be reasonably approved by the City Manager. When a Deficient Item has been satisfactorily corrected in the judgment of the City Manager, the City Manager and the general manager of the Golf Course shall each sign the Notice acknowledging completion of the corrective action. The cost for correcting any Deficiency Item shall be a Golf Course Expense. 3.8.2 Results of Manager's Failure to Take Corrective Action. Except as provided in Section 3.8.3 below, if Manager obtains an overall rating of "Unacceptable," or fails to take action to timely correct any Deficiency Item(s), the following shall occur: (a) If there are two (2) consecutive months in which the Golf Course Operations and Maintenance Evaluation Form indicates that Manager's management of the Golf Course has obtained an overall rating of "Unacceptable," the City shall be entitled to deduct from the Performance Evaluation Deposit described in Section 3.8.5, the amount of Five Thousand Dollars ($5000) per month, and such deduction amount shall be retroactive to the first (1 S) of the two (2) consecutive months and shall continue until Manager's management of the Golf Course 34 0�yF! achieves an overall rating of "Acceptable" as indicated on the Golf Course Maintenance Evaluation Form. In addition, any failure to achieve an overall rating of "Acceptable" for (i) any four (4) months within any single operating year, or (ii) any three (3) consecutive months, shall be considered a material breach of this Agreement entitling City to terminate this Agreement regardless of the deductions that have been made from the Performance Evaluation Deposit. (b) City shall further be entitled to deduct from the Performance Evaluation Deposit the amount of Two Thousand Dollars ($2000) per month for each Deficiency Item that is not timely corrected. Such deduction shall be imposed as of the date the Deficiency Item was to have been corrected and shall continue each month thereafter until such Deficiency Item has been corrected as indicated by the signature of the City Manager and general manager of the Golf Course on the Notice of Golf Course Deficiency as described Section 3.8.1. The deductions provided for in this Section 3.8.2 shall not be a Golf Course Expense. 3.8.3 Exclusions from Imposition of Deductions. The following items shall be considered exclusions for the purpose of determining whether there have been two (2) consecutive months with overall ratings of "Unacceptable" and for the purpose of determining whether an outstanding Deficiency Item has been timely corrected: (a) any outstanding Deficiency Item that Manager is diligently and timely correcting in accordance with the time schedule jointly agreed to by the City Manager and the general manager of the Golf Course as provided in Section 3.8.1; (b) any Deficiency Item in which the correction is considered a Capital. Improvement but only if and to the extent Manager, in light of its expertise and experience as a manager of first class golf courses, could not have taken reasonable measures to prevent or mitigate the Deficiency Item from occurring; (c) any Deficiency Item that Manager is unable to correct because of the occurrence of a "Force Majeure Event" (as defined in Section 10.3 of this Agreement) but only to the extent Manager, in light of its expertise and experience as a manager of first class golf courses, could not have taken reasonable measures to prevent or mitigate the Force Majeure Event; and (d) any Deficiency Item that Manager is unable to correct due to City's failure to provide sufficient funds to effect such correction. 3.8.4 Acknowledgement of Parties Concerning Deductions. THE PARTIES HERETO AGREE THAT THE $2,000.00 PER MONTH AND $59000.00 PER MONTH DEDUCTIONS FROM THE PERFORMANCE EVALUATION DEPOSIT REFERENCED ABOVE CONSTITUTE A REASONABLE APPROXIMATION OF THE ACTUAL DAMAGES THAT THE CITY WOULD SUFFER DUE TO A FAILURE BY MANAGER TO ADHERE TO THE REQUIRED PERFORMANCE LEVEL, CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE CHARGES TO THE RANGE OF HARM TO CITY THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. THE AUTHORITY OF THE CITY TO EFFECT SUCH DEDUCTIONS SHALL NOT LIMIT THE CITY' S TERMINATION RIGHTS AS SET FORTH IN THIS AGREEMENT. IN PLACING IT'S INITIALS AT THE PLACES PROVIDED HEREIN 35 , r_f 4.;8 BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO HAS EXPLAINED THE CONSEQUENCES OF THE DEDUCTION PROVISIONS AT OR PRIOR TO THE TIME EACH EXECUTED THIS AGREEMENT. City Manager 3.8.5 Performance Evaluation Deposit. Not later than commencement of the Management Term, and as a condition to commencement of the Management Term, Manager shall deposit with City in cash the sum of Twenty -Five Thousand Dollars ($25,000) as security for the performance of Manager's obligations pursuant to this Section 3.8 ("Performance Evaluation Deposit"). The Performance Evaluation Deposit shall not be a Golf Course Expense. In the event of failure of Manager to timely correct Deficiency Items as provided in this Section 3.8, the City Manager shall have the authority to deduct from the Performance Evaluation Deposit the amounts set forth in Section 3.8.2. In the event City is required to make deductions from the Performance Evaluation Deposit, Manager shall promptly, upon written request therefor by City, submit such additional cash amounts to City as is required in order to maintain the Performance Evaluation Deposit at the Twenty -Five Thousand Dollar ($25,000) level. 3.9 Manager Purchases. In connection with any purchases made by Manager or an Affiliate of Manager for the account of City, it is understood that Manager or such Affiliate may perform services as a representative of the manufacturer to secure the benefits of lower costs, and that any resulting savings shall be passed on to City, including representatives' fees. In addition, all trade discounts, rebates and refunds pertaining directly to purchases for the Golf Course shall accrue to the benefit of City. If any purchases of goods or services for the Golf Course are made from or through an Affiliate of Manager, the charges to the Golf Course for such goods or services shall be on the same terms as those made to other golf courses and country clubs operated by Manager and such charges shall not exceed the market prices for such goods and services. 3.10 Capital Improvements. 3.10.1 Capital Improvement Funds. Subject to the availability of funds in the City's "Golf Course Accounts" (as defined in Section 5.1 below), City shall deposit monthly from the Golf Course Accounts an amount equal to two percent (2%) ("Capital Improvement Fund Percentage") of that portion of the Gross Revenues for the previous month attributed to green fees ("Capital Improvement Funds"). In the event there are insufficient funds in the Golf Course Accounts to pay all or any portion ,of the Capital Improvement Funds for any particular month, then the unpaid Capital Improvement Funds shall be accrued and paid in the next succeeding month or months when sufficient funds exist in the Golf Course Accounts to pay such accrued Capital Improvement Funds. City shall establish and maintain a separate reserve account for the Capital Improvement Funds and these 36 Capital Improvement Funds shall be used for the purposes described in this Agreement. The parties hereby acknowledge and agree that the Capital Improvement Funds shall belong to City, and City shall have complete control over the Capital Improvement Funds. The parties hereby agree that prior to each Operating Year, in connection with the preparation and approval of the "Capital Improvement Plan" as described in Section 3.10.2 below, the parties shall discuss whether the Capital Improvement Fund Percentage should be changed. Any decision to change the Capital Improvement Fund Percentage shall be in the sole discretion of City Manager, and in making such decision City Manager shall consider such factors as the amount of Capital Improvement Funds currently available and the projected capital improvement requirements of the Golf Course. In no event, however, shall the Capital Improvement Fund Percentage be increased in excess of two percent (2%) except with the written approval of City Manager and Manager. 3.10.2 Capital Improvement Plans. During the Management Term, Manager shall submit on or before April 1 of each year, a "Capital Improvement Plan" for the Golf Course for the next Operating Year, which shall include Manager's recommendation of Capital Improvement projects for the next Operating Year and the estimated costs of such Capital Improvement projects. 3.10.3 Implementation of Capital Improvement Projects. The parties acknowledge and agree that all Capital Improvement projects are in City's sole control and discretion, and all costs and expenses of Capital Improvement projects shall be paid from the Capital Improvement Funds or from other City funds (and not from the Golf Course Accounts). The costs and expenses of Capital Improvement projects shall not be considered Golf Course Expenses. The parties acknowledge and agree that this Agreement imposes no responsibilities or obligations on the part of Manager with respect to any aspect of a Capital Improvement project, including design, construction or supervision. In the event City desires Manager to be involved in any capacity in a Capital Improvement project, the City Manager shall be authorized to enter into a separate agreement with Manager setting forth the terms and conditions of such involvement, including without limitation fees to be received by Manager for such involvement. 3.11 Insurance During Management Term. 3.11.1 Coverage. Manager agrees to procure and maintain, during the Management Term, as a Golf Course Expense, at a minimum the following insurance: (a) insurance on the contents of the buildings located at the Golf Course and other personal property located at the Golf Course which contents and personal property are owned or leased by Manager, against loss or damage by fire, lightning and/or any other perils insurable under the form of "all risk" coverage then available (including specifically irrigation and/or sprinkler system leakage damage, vandalism and malicious mischief, if available), in an amount not less than the lesser of (i) the actual replacement cost of the contents and personal property, or (ii) Five Million Dollars ($5,000,000.00); provided, however, the 37 24.. 18 parties may agree in writing to such other minimum amount. City shall be named as a loss payee. The parties agree that Manager shall not be responsible for procuring or maintaining "all risk" insurance coverage on the buildings, structures, or other improvements located at the Golf Course and the contents and personal property owned by City, and City shall either procure or maintain such insurance coverage or shall self -insure for such risks. (b) business interruption insurance, in an amount equal to the annual value of lost business, as determined by the City and Manager, and as required by or pursuant to any "City Financing" (as that term is defined in Section 11.21), covering actual losses sustained due to (i) fire, lightnings and other perils insurable under the form of all risk coverage then available (including specifically irrigation and/or sprinkler system leakage damage, vandalism, and malicious mischief, if available) or (ii) the routine or extraordinary maintenance of, or any failure of, any pipes or facilities located above or beneath the surface of the Golf Course. City shall be named as a loss payee to the extent of the City's interests under this Agreement which interests include, without limitation, the Financing. (c) comprehensive public liability insurance, including without limitation bodily injury, personal injury, property damage, products liability, contractual liability covering the provisions of this Agreement, and liquor liability, in an amount not less than Ten Million Dollars ($10,000,000.00) single limit per occurrence. City, and its officers, officials, employees, agents, representatives, and volunteers (collectively, "City Personnel"), shall be named as an additional insureds. (d) automobile liability and garagekeeper's liability insurance in an amount not less than Ten Million Dollars ($10,000,000.00) single limit per occurrence. City and City Personnel shall be named as additional insureds. (e) workers compensation insurance covering all Golf Course employees who are Manager's employees in an amount as required by law, and employer's liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000.00) or as required by law covering all Golf Course employees who are Manager's employees. Manager shall have the right to increase (but not to decrease without the prior written consent of the City Manager) the minimum amount of any insurance to be maintained by Manager with respect to the Golf Course under this Section in order to make such coverage comparable to the amount of insurance carried with respect to other golf courses and country clubs operated by Manager, taking into account the size, character and location of the Golf Course. The types of insurance and the coverage amounts specified in this Section are the requirements of City in connection with the operation of the Golf Course. City acknowledges and understands that Manager has made no representations or warranties that such insurance is adequate to protect City. Any losses, damages, liability, or expenses that are not required to be covered by any of the insurance specified in this Section shall be a Golf Course Expense. In its sole discretion, City may elect to procure and maintain at one or more times and from time to time, some or all of the policies of insurance set forth in subparagraphs (a), (b), (c), and (d) above that Manager is required to procure and maintain, and in such case City shall notify Manager in writing (i) that Manager is temporarily relieved from the obligation of procuring and maintaining the policy(ies) of insurance specified by City in its written notice to Manager, and (ii) of the period of time during which Manager's obligation to procure and maintain the policy(ies) specified in City's written notice is suspended. 3.11.2 Policies and Endorsements. 3.11.2.1 Policies. All insurance coverages required under this Section 3.11, shall be secured through policies issued by insurance companies of good reputation and of sound and adequate financial responsibility having a general policy holder's rating of not less than "A" and a financial rating of not less than Class VIII in the most current edition of Best's Rating Guide, unless such requirements are waived in writing by the City Manager. Such insurance companies shall be qualified to do business and in good standing in California. Prior to the Effective Date, Manager shall deliver to City certificates of insurance with respect to all of the policies of insurance required to be procured and maintained by Manager pursuant to this Section 3.11, and the City Manager shall have approved such certificates of insurance. In the case of insurance about to expire, Manager shall deliver to the City Manager certificates of insurance with respect to renewal policies not less than thirty (30) days prior to the respective dates of expiration. All certificates of insurance shall be signed by a person authorized by the insurance company to bind coverage on its behalf. In the event any subcontractors perform work for Manager under this Agreement, Manager shall include such subcontractors as insureds under the policies of insurance to be maintained by Manager pursuant to this Section 3.11, or in the alternative, Manager shall obtain from such subcontractors separate certificates of insurance that satisfy the requirements of this Section 3.11 unless otherwise waived by the City Manager. Neither the procuring of insurance by Manager pursuant to this Section 3.11, nor the delivery by Manager to City of certificates of insurance evidencing such insurance coverages, shall be construed as a limitation of Manager's indemnity obligations under Section 11.2.1. 3.11.2.2 Endorsements. All policies of insurance to be maintained by Manager pursuant to this Section 3.11 shall have attached an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to City by certified mail, return receipt requested. In addition, Manager shall also provide to City the required 30-day prior written notice in the manner set forth in this Section 3.11. 3.11.3 Blanket Policies. Any insurance policies provided by Manager under this Section 3.11 may be effected under policies of blanket insurance which cover other properties in addition to the Golf Course, and in such case an allocable portion of the premiums for such blanket policies of insurance shall be considered a Golf Course Expense. 3.11.4 Workers Compensation Insurance. Not later than the Effective Date, and as a condition to the effectiveness of this Agreement, Manager shall deliver to the City Manager a certificate of workers compensation insurance indicating that such insurance complies with all requirements of California law. This 39 certificate shall provide that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to City by certified mail return receipt requested. Manager shall require all subcontractors performing work for Manager under this Agreement to maintain workers compensation insurance covering such subcontractors' employees. Prior to the Effective Date, Manager shall file with the City Manager the following signed certification: "The undersigned is aware of and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete workers compensation insurance, and shall furnish a certificate of insurance to City prior to the commencement of the term of the Agreement." City and City Personnel shall not be responsible for any claims in law or equity occasioned by the failure of Manager to comply with this Section 3.11 as it pertain to worker's compensation insurance, or with the provisions of California law relating to workers compensation insurance. 3.11.5 Waiver of Subrogation. Neither Manager nor City shall assert against the other, and Manager and City hereby waive with respect to each other, any claims and rights of recovery for any losses, damages, liability or expenses (including attorneys' fees) incurred or sustained by either of them on account of injury to persons or damage to property arising out of the ownership, operation and maintenance of the Golf Course to the extent that the same are covered by the insurance required under this Section 3.11. City and Manager hereby grant to each other, on behalf of any insurance company providing insurance covering the Golf Course, a waiver of any right of subrogation which any insurer or party may acquire against the other party by virtue of payment of any loss under any insurance policy. City and Manager shall give notice to the insurance companies providing insurance under this Agreement of the mutual waiver of subrogation contained in this Section 3.11. 3.11.6 Insurance Maintained by Manager. Any insurance maintained by Manager under this Section 3.11 may contain deductible provisions and self-insurance or self -assumption provisions in such amounts as are maintained by Manager for other golf courses of a similar quality level operated by Manager. The parties acknowledge and understand that as of the Effective Date the following applies to insurance maintained by Manager: (a) Five Thousand Dollars ($5000.00) deductible per occurrence for property damage insurance, (b) ZERO Dollars ($0.00) self -insured retention per occurrence for comprehensive public liability insurance, automobile liability insurance, and garagekeeper's liability insurance, and (c) ZERO Dollars ($0.00) participation in loss limits (which is comparable to self-insurance) per accident for workers compensation insurance. City understands and agrees that with respect to all policies of insurance required under this Section 3.11, the portion of any claim, loss, or damage subject to a deductible amount or a self-insurance or self -assumption amount shall be a Golf Course Expense. Manager shall notify City in writing at least thirty (30) days prior to any increase in the deductible amount or self -insured or self - assumed amounts for the insurance coverage maintained by Manager under this Section 3.11. The City Manager shall have the right to approve any such increase if the amount of the increase (on a percentage basis) as compared to the deductible amount or self -insured or self -assumed amounts set forth in clauses (a), (b), and (c) above exceeds the percentage increase, if any, of the Index from the Management Term Commencement Date, to the month immediately preceding Manager's notice of the proposed increase. 3.12 Handling of Claims. Manager shall be responsible for handling all claims, demands, and lawsuits for any losses, damages, liability, and expenses (including without limitation personal injury and property damage claims) arising out of the operation and management of the Golf Course ("Claims"), whether or not such Claims are covered by the insurance required under Section 3.11. Handling such Claims shall include without limitation responding to such Claims, investigating such Claims, retaining legal counsel to defend such Claims, settling such Claims, and paying any losses, damages and expenses relating to such Claims. All costs and expenses relating to the handling of such Claims as set forth in the preceding sentence, including without limitation attorneys' fees and costs for Manager's in-house counsel and for outside legal counsel, shall be a Golf Course Expense. The City Manager shall have the right to approve any legal counsel retained by Manager to defend the City, and to approve all legal bills incurred in such defense. 3.13 Tee Committee. Manager, as directed by the City Manager, shall cooperate with the Tee Committee. Expenses incurred by Manager to comply with decisions of the Tee Committee as confirmed by the City Manager and if consistent with the approved Annual Plan ("Tee Committee Decisions") shall be valid Golf Course Expenses; provided, however, that notwithstanding the foregoing, Manager shall not be entitled to any additional Management Fees beyond that provided for in Section 4.1 of this Agreement for serving as a member of the Tee Committee or for complying with Tee Committee Decisions.. 3.14 Cost of Sales. Manager shall provide an accounting for its Cost of Sales as part of the profit and loss statements to the City required by Section 5.6. 4.0 MANAGER FEES DURING MANAGEMENT TERM; NET INCOME TO CITY. 4.1 Forms of Manager Compensation. Manager shall receive as compensation for its services during the Management Term, the following: (i) a fixed management fee (the "Fixed Management Fee"); and (ii) a percentage management fee (the "Percentage Management Fee") (the Fixed Management Fee and the Percentage Management Fee are collectively referred to hereinafter as the "Management Fees"). The Management Fees are further defined below. 4.1.1 Fixed Management Fee. (To be Proposed) 41 2�f-� For each annual period during the Management Term, Manager shall receive from City a Fixed Management Fee in the amount of Dollars The annual Fixed Management Fee shall be payable in twelve monthly installments, payable, subject to Section 4.2.2, by City each month within five (5) business days of receipt of an invoice for same from Manager (subject to any extensions as may be required for approval of warrants by the City Council, if applicable). The Fixed Management Fee shall be increased annually on July 1 of each Operating Year (the "Adjustment Date") in accordance with the percentage increase, if any, in the Index for the month of May immediately preceding the Adjustment Date as compared to the Index for the like month of the previous year. In . no event, however, shall the Fixed Management Fee, as such amount may be increased by any increase in the Index, be adjusted downward to reflect a percentage decrease in the Index. 4.1.2 Percentage Management Fee. (To be Proposed) For each annual period during the Management Term, Manager shall receive from City, as Percentage Management Fee, percent (_1o) of that portion of the "Gross Revenues" (as defined in Section 4.1.3 below) derived from the operation of the Golf Course that is in excess of Dollars ($ ); provided, however, that in no event shall the Percentage Management Fee, for any annual period during the Management Term, be greater than an amount equal to (i) percent (_%) of the Fixed Management Fee, less (ii) U. If applicable, the Percentage Management Fee shall be paid to Manager, subject to Section 5.3©, annually in arrears following the delivery to the City Manager of the Operating Year profit and loss statement required by Section 5.6(b) below. Any Percentage Management Fee owing as of the expiration or earlier termination of this Agreement shall be payable concurrently with the delivery to the City Manager of the final profit and loss statement. 4.1.3 Gross Revenues Defined. For the purposes of this Agreement, the term "Gross Revenues" means, except as provided below, all money received as a result of the operation of the Golf Course and the sale of goods and services at the Golf Course, determined on an accrual basis in accordance with generally accepted accounting principles consistently applied. By way of example, and without limitation, Gross Revenues shall include all green fees; rental fees for golf carts, golf clubs and bags, and other rental items; bag storage fees; range balls; reservation fees; fees for golf handicap service; rental and concession payments; revenue generated from space rentals and from meetings, banquets, parties, receptions, tournaments, and other group gatherings; golf instruction fees; revenues from golf schools; interest earned on monies in Golf Course Accounts; and proceeds from business interruption insurance. Gross Revenues shall be reduced by any cash refunds or credits allowed on returns by customers. Gross Revenues shall not include the following: (a) Sales taxes, excise taxes, gross receipts taxes and other similar taxes now or later imposed upon the sale of food, beverages, merchandise or services and paid to the appropriate taxing authority, whether added to or included in the selling price; 4 20 ,�P,:8 5 (b) Those fees charged by a golf professional functioning as an independent contractor for the teaching of golf lessons and instruction which are not paid by the golf professional to the Golf Course operation; (c) Receipts in the form of refunds from, or the value of merchandise, supplies or equipment returned to, shippers, suppliers or manufacturers; (d) The amount of any gratuities paid or given by customers to Golf Course employees, or service charges added to customer billings which represent gratuities to Golf Course employees; (e) Gross receipts received by licensees or concessionaires, except to the extent any portion of such receipts is received by the Golf Course; (f) Proceeds of insurance other than business interruption insurance or similar types of insurance; (g) Receipts from public telephones and vending machines, except to the extent of commissions paid to Manager or City; (h) Proceeds of any borrowings by Manager or City; (i) Any amount received by Manager in connection with any claim, demand, or lawsuit, except when such amount is for (i) interruption or loss of Golf Course business, or (ii) punitive damages relating to conduct occurring at the Golf Course; and 0) any additional funds provided by the City for, or paid by the City for, any Golf Course purpose. 4.2 Net Income to City. If after payment of the Golf Course Expenses, the Fixed Management Fee, and the Percentage Management Fee (if applicable), after it is paid and accounts are reconciled by the City Finance Director, and all accrued Capital Improvement Funds, and provided there are sufficient funds available in the City's, Golf Course Accounts to satisfy the daily working capital needs of the Golf Course as defined in the Annual Plan, then any excess funds irr the Golf Course Accounts shall be the net income from the Golf Course owned by City to be deposited by City into the Golf Course Enterprise Fund administered pursuant to the Bond Indenture ("Net Income"). If available, the Net Income shall be transferred by the City Finance Director into the Enterprise Fund monthly within ten (10) days after Manager's delivery to the City Manager of the monthly profit and loss statements required by Section 5.6 below. City's Finance Director shall periodically reconcile accounts, including after payment of the Percentage Management Fee, to adjust the transfers of Net Income as necessary. 5.0 ACCOUNTS: WORDING FUNDS; DISBURSEMENT OF FUNDS; RECORDS AND REPORTS 5.1 Golf Course Accounts. ,��;43 City shall establish appropriate bank accounts for the Golf Course, including for the deposit of Gross Revenues and for the Capital Improvement Funds, at a banking institution or institutions reasonably approved by the City Manager or City Finance Director (which banking institution or institutions shall have branches located in close proximity to the Golf Course), such accounts to be in City's name (the "Golf Course Accounts"). Manager shall deposit in the Golf Course Accounts all monies received from the operation of the Golf Course. Any interest earned on monies in the Golf Course Accounts shall be the property of the Golf Course and shall be included in Gross Revenues. Manager shall establish bank accounts for its use in paying the Golf Course Expenses identified in Section 5.2.1(a) in accordance with the monthly operating budgets in the approved Annual Plan referred to in Section 3.2. Manager shall also be entitled to maintain funds in reasonable amounts in "cash register banks or in petty cash funds at the Golf Course. The City, as an advance to Manager (the "Advance"), shall fund one (1) month's expenses for the first month of operations of the Golf Course operations in an amount equal to the highest monthly operating budget identified in the initial approved Annual Plan in accordance with Section 3.2. Manager shall be responsible for the payment of those Golf Course Expenses identified in Section 5.2.1(a) as incurred in accordance with the monthly operating budgets set forth in the approved Annual Plan but only to the extent funds have been made available by the City. Manager shall invoice the City for repayment of Golf Course Expenses from the City's Golf Course Accounts. Manager may use the Advance as necessary to pay any Golf Course Expenses authorized under this Agreement to be paid by Manager and required to be paid, until Manager has received reimbursement from the City. Upon receipt of payment from the City, Manager shall replenish the Advance to its full amount. All Golf Course funds held by Manager, whether the Advance or monies held by Manager in "cash register banks" or petty cash funds at the Golf Course, shall be owned and controlled by City and there shall be a first lien on all such Golf Course funds for the benefit of the Trustee on behalf of any and all bondholders in any "Financing" (as that term is defined in Section 11.21). 5.2 Payment of Golf Course Expenses. 5.2.1 Payment of Certain Golf Course Expenses by Manager. (a) Consistent with the terms of Section 5.1, Manager shall pay, initially from the Advance or from its own account (or, if appropriate, from "cash register banks" or petty cash funds available at the Golf Course) Golf Course Expenses (other than the Golf Course Expenses set forth in Section 5.2.2 and 5.2.3) as and when incurred; provided, however, that (1) the amount disbursed shall constitute a permitted Golf Course Expense pursuant to the monthly operating budget in the approved Annual Plan , and (2) Manager shall provide the City Manager or City Finance Director, no later than ten (10) days following the end of each calendar month, an accounting delineating the Golf Course Expenses for such preceding calendar month (e.g., accounting due not later than April 10 covering the immediately preceding month of March). (b) Manager shall deposit in a City Golf Course Account (as directed by the City's Finance Director), on a daily basis, an amount equal to the daily amount of (i) Golf Course Revenues less (ii) the Golf Course Expenses paid by Manager pursuant to Section 5.2.1(a) as reconciled from time to time by the City Finance Director. The portion of the foregoing that is (1) Net Income to the City pursuant to Section 4.2 shall be deposited by City 44 4. into the Golf Course Enterprise Fund administered pursuant to the Bond Indenture, and (2) Capital Improvement Funds shall be deposited by City into a Golf Course Capital Improvement Fund account owned and controlled by City. 5.2.2 Payment of Fixed Management Fee. Manager shall invoice the City on not less than a monthly basis for the Fixed Management Fee; provided, however, that such payment to Manager shall be paid in accordance with the terms of Section 4.1.1. 5.2.3 Payment of Percentage Management Fee. The Percentage Management Fee, if applicable, shall be paid to Manager by City in arrears on not more than an annual basis pursuant to Section 4.1.2, provided that Manager shall provide the City Manager, within ten (10) days following the end of the annual period referenced in Section 4.1.2, an accounting delineating the calculation of the Percentage Management Fee for the annual period for which the Percentage Management Fee is disbursed/paid to Manager. 5.2.4 Additional Provisions Pertaining to Golf Course Expenses. Manager shall use its best efforts to maintain at all times, in its reasonable judgment, sufficient funds to satisfy the daily working capital needs of the Golf Course, and a reasonable reserve in an amount identified in the approved Annual Plan for historically lower revenue periods, provided, however, Manager shall not be required to advance any of its own funds in order to do so . In the event Golf Course gross revenues are insufficient to pay the amounts set forth in the Section 5.2.1(a), 5.2.2, and 5.2.3, City, after reviewing Golf Course accounts and confirming the insufficiency of Golf Course gross revenues to meet the obligations to pay the sums required under Section 5.2.1(a), 5.2.2, and 5.2.3, City shall immediately use funds in the Golf Course Enterprise Fund as necessary to fund the sums required under Section 5.2.1(a), 5.2.2, and 5.2.3 to be paid. 5.3 Remaining Funds. Upon the expiration or earlier termination of this Agreement, Manager shall repay the Advance and any and all funds held in possession of Manager or its agents that are Golf Course Revenues. After termination of this Agreement, City shall pay to Manager any monies due Manager under this Agreement, but unpaid as of the date of termination, within ten (10) days after Manager delivers to the City Manager the final profit and loss statement. 5.4 Books and Records. Manager shall keep full and accurate books of account and such other records as are necessary to reflect the results of the operation of the Golf Course. For this purpose, City agrees it will make available to Manager, or Manager's representatives, all books and records in City's possession relating to the Golf Course including contract documents, invoices and construction records. All books and records for the Golf Course shall be located either at the Golf Course or at Manager's corporate office. All accounting records shall be maintained in accordance with generally accepted accounting principles and shall be maintained in an accrual format. All such 45 books, records, and reports shall be maintained separately from other facilities operated by Manager. Manager agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the Golf Course and such controls shall provide checks and balances designed to protect the Golf Course, Manager, and City. The cash registers used by Manager shall be approved by the City Manager. Manager shall maintain all financial and accounting books and records for a period of at least three (3) years after the expiration or earlier termination of this Agreement, and City shall have the right to inspect and audit such books and records during such period as provided in Section 5.5 below. 5.5 Inspection. Upon seven (7) days prior written notice to Manager, which notice shall set forth the date and time that City desires to inspect the books and records, City or its authorized agents, auditors, or representatives shall have the right during normal business hours to review, inspect, audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other accounting and financial information maintained by Manager in connection with the operation of the Golf Course. All such books and records shall be made available to City at the Golf Course unless City and Manager agree upon another location. City, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records of the Golf Course on an annual basis. 5.6 Reports to City. Manager shall deliver to City the following financial statements, in a form acceptable to City: (a) Within twenty (20) days after the end of each calendar month, a profit and loss statement showing the results of operation of the Golf Course for such month and for the Operating Year to date, which statement shall include sufficient detail to reflect all Gross Revenues, Cost of Sales, Fixed Management Fee, Percentage Management Fee (if applicable), and Capital Improvement Funds; and (b) Within sixty (60) days after the end of each Operating Year, a profit and loss statement showing the results of operation of the Golf Course for such Operating Year which statement shall include sufficient detail to reflect all Gross Revenues, Fixed Management Fee, Percentage Management Fee (if applicable), and Capital Improvement Funds. If requested by City, and at the sole expense of City, these financial statements shall be certified by an independent certified public accountant acceptable to City. 5.7 Payroll. The parties acknowledge that as of the date of this Agreement, the method used by Manager to administer the payroll for its employees employed at golf courses its manages is to have the bank processing payroll to automatically withdraw the amount of the payroll payment from the Golf Course Accounts. The processing bank shall notify Manager of the amount of the payroll payment prior to the date of such payroll payment. 5.8 Manager Accounting Software. The parties acknowledge and understand if the accounting software to be used at the Golf Course is owned by Manager, City shall have no rights or interests in such software. Upon the expiration or earlier termination of this Agreement, accounting software owned by Manager shall be removed from the Golf Course by Manager. 6.0 GOLF COURSE NAME The Golf Course shall be known by such trade name and/or trademark or logo as may from time to time be determined by City. The parties acknowledge and understand that the names, logos, and designs used in the operation of the Golf Course together with appurtenant goodwill, are the exclusive property of City. Manager may identify the Golf Course as a golf course managed and operated by Manager; provided, however, that any display of any Manager logo or other corporate identification shall first be approved by the City Manager in his or her sole discretion. 7.0 ENVIRONMENTAL MATTERS In performing its responsibilities under this Agreement, Manager shall comply with all federal state, and local laws and regulations pertaining to the storage, use, and disposal of "hazardous or toxic wastes, substances, or materials" as defined by applicable law. 8.0 TERMINATION RIGHTS 8.1 Termination by City. In addition to any other rights of City to terminate this Agreement that are set forth in this Agreement, City shall also have the right to terminate this Agreement upon the occurrence of any of the following events: (a) Manager fails to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, and such default continues for a period of thirty (30) days after written notice of such default by City to Manager; or (b) (i) Manager applies for or consents to the appointment of a receiver, trustee or liquidator of Manager or of all or a substantial part of its assets; (ii) Manager files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; (iii) Manager files an answer admitting the material allegations of a bankruptcy petition reorganization proceeding, or insolvency proceeding filed against Manager; (iv) Manager admits in writing its inability to pay its debts as they come due; (v) Manager makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating Manager a bankrupt or insolvent or approving a petition seeking reorganization of Manager or appointing a receiver, trustee or liquidator of Manager or of all or a substantial part of its assets, and such order, judgment or decree continues unstayed and in effect for any period of sixty (60) consecutive days; or 47 (c) Prior to the Management Term Commencement Date, City determines in its sole and absolute discretion (i) not to develop the Golf Course; or (ii) following commencement of construction of the Golf Course, not to complete construction of the Golf Course; or (iii) following completion of construction of the Golf Course, not to open or operate the Golf Course; or (d) The Planning Commission of the City of La Quinta, or the City Council, as applicable, fail to grant approval or conditional approval of the Conditional Use Permit. City's right to terminate this Agreement pursuant to this Section shall be exercised upon written notice to Manager given at any time after the applicable grace period has expired, and City's termination notice shall specify the effective date of such termination, which date shall not be more than sixty (60) days after the date of City's termination notice; provided, however, that no grace period or sixty (60) day delay shall apply with respect to terminations pursuant to subparagraphs (c) and (d) of this Section. 8.2 Termination by Manager. Manager shall have the right to terminate this Agreement if City fails to keep, observe, or perform any other material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by City, and such default continues for a period of thirty (30) days after notice of such default by Manager to City. Manager's right to terminate this Agreement Pursuant to this Section shall be exercised upon written notice to City given at any time after the applicable grace period has expired. The grace period shall be extended as may be required for the City Council to comply with applicable law pertaining to the posting of agendas and hearings notices. Manager's termination notice shall specify the effective date of such termination, which date shall not be less than sixty (60) days after the date of Manager's termination notice. 8.3 Sale of Golf Course; Termination Fee. If City sells or transfers all or any portion of the Golf Course to a third party during the Management Term, City shall deliver to Manager written notice of such proposed sale or transfer at least ninety (90) days prior to the anticipated date of such sale or transfer. In the event this Agreement is terminated as a direct result of such sale or transfer, Manager shall receive from City, not later than the date that is thirteen (13) months after the date of the close of such sale or transfer, a single, lump -sum termination fee in an amount equal to the annual Fixed Management Fee in effect at the time of such termination. Notwithstanding the above, Manager shall not receive a termination fee pursuant to this Section if (A) the buyer or transferee assumes the obligations of this Agreement; or (B) the sale or transfer does not directly result in the termination of this Agreement, or (C) if Manager consents to the termination of this Agreement due to the sale or transfer, or (D) Manager, within one (1) year after the sale of the Golf Course, enters into a new management agreement with the buyer or transferee of the Golf Course providing for the continued management of the Golf Course by Manager. 8.4 Curing_ Defaults. 48 Oro Any default by Manager or City under the provisions of Section 8.1 or 8.2, as the case may be, which is susceptible of being cured shall not constitute a basis for termination of this Agreement if the nature of such default will not permit it to be cured within the grace period allotted; provided that within such grace period the alleged party in default shall have given notice of its intent to cure, has commenced to cure such default, and is proceeding to complete the cure in good faith and with reasonable diligence. 8.5 Effect of Termination. The termination of this Agreement under the provisions of this Article 8.0 shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. 8.6 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. 9.0 TITLE MATTERS: ASSIGNMENT 9.1 Ownership of Improvements and Personal Property. All improvements to the Golf Course made during the term of this Agreement and all Furnishings and Equipment and Operating Inventory purchased by Manager during the term of this Agreement shall be considered property owned by City at such time as the improvements are made or the Furnishings and Equipment or Operating Inventory are purchased. 9.2 Assignment or Subcontracting. The City may, in its sole discretion, assign this Agreement, in whole or in part, to the La Quinta Redevelopment Agency and/or the La Quinta Public Financing Authority. Manager shall not assign this Agreement, except to an Affiliate of Manager, or subcontract any work, without the prior written consent of the City Manager. Any assignment by Manager, whether or not requiring the prior consent of City Manager, shall not be effective unless and until Manager and such assignee execute an assignment and assumption in a form acceptable to the City Attorney. It is understood and agreed that any consent granted by the City Manager to any such assignment by Manager shall not be deemed a waiver of any consent required under this Section as to any future assignment. Any assignment by Manager of this Agreement in violation of the provisions of this Agreement shall be null and void and shall result in the termination of this Agreement. In addition to any other remedies available to the parties, the provisions of this Section shall be enforceable by injunctive proceeding or by suit for specific performance. 9.3 Successors and Assigns. Subject to Section 9.2, this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. r)nr.. 10.0 DAMAGE OR DESTRUCTION; EMINENT DOMAIN; FORCE MAJEURE EVENTS 10.1 Damage or Destruction. Should the Golf Course be destroyed or substantially damaged by fire, flood, acts of God, or other casualty, City, by written notice to Manager given within sixty (60) days following the occurrence of such event, shall have the right to terminate this Agreement on the basis that City does not choose to rebuild or restore the Golf Course, and in such event neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. For the purpose of this Section, the Golf Course shall be deemed to have been substantially damaged if the estimated length of time required to restore the Golf Course substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of six (6) months, as indicated by an architect's certificate or other evidence reasonably satisfactory to Manager. If this Agreement is not terminated in the event of damage to the Golf Course either because (i) the damage does not amount to substantial damage as described above, or (ii) notwithstanding destruction of or substantial damage to the Golf Course, City elects to restore the Golf Course, then City shall proceed, at City's own expense, with all due diligence to commence and complete restoration of the Golf Course to its condition and character just prior to the occurrence of such casualty. If as a result of any damage or destruction to the Golf Course as provided in this Section, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. 10.2 Eminent Domain. If all of the Golf Course (or such a substantial portion of the Golf Course so to make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the Golf Course for the purposes contemplated in this Agreement) shall be taken through the exercise (or by agreement in lieu of the exercise) of the power of eminent domain, then upon the earlier of (i) the date that City shall be required to surrender possession of the Golf Course or of that substantial portion of the Golf Course, or (ii) the date when the Golf Course is no longer open, this Agreement shall terminate and neither party shall have any further obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. If such taking of a portion of the Golf Course shall not make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining .portion of the Golf Course for the purposes contemplated in this Agreement, then this Agreement shall not terminate, and City shall proceed, at City's own expense, with all due diligence to alter or modify the Golf Course so as to render it a complete architectural unit which can be operated as a golf course of substantially the same type and character as before. If as a result of any alteration or modification of the Golf Course as provided in this Section, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. 10.3 Force Majeure Events. 50 093 As used in this Agreement, the term "Force Majeure Event" means a disruption in the operation of the Golf Course due to, or the cause of the failure to perform by a party hereto due to, declared or undeclared war, sabotage, riot or acts of civil disobedience, acts or omissions of governmental agencies (except acts of governmental agencies including but not limited to the City taken in accordance with this Agreement), accidents, fires, explosions, floods, earthquakes, or other acts of God, strikes, labor disputes, shortages of materials, or any other event not within the control of Manager and not caused by the gross negligence or intentional wrongful conduct of Manager. For purposes of this Section, any disruption to the operation of the Golf Course caused by a Capital Improvement project shall also constitute a Force Majeure Event. If as a result of the occurrence of a Force Majeure Event, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. 11.0 GENERAL PROVISIONS 11.1 Contract Administration. City has designated the City Manager as the individual who is responsible for administering this Agreement on behalf of City. The City Manager may designate a member of his or her staff to serve as the Project Manager, which individual shall carry out the City Manager's responsibilities in administering this Agreement. The City Manager shall inform Manager in writing of the person who will serve as the Project Manger and any change of the Project Manager. Manager has designated as the individual who is responsible for administering this Agreement on behalf of Manager. Manager shall notify the City Manager in writing if another individual has replaced the foregoing designated person as the person responsible for administering this Agreement on behalf of Manager. The parties acknowledge that except as otherwise expressly provided herein (a) the City Manager has the authority to approve or consent to those matters identified in this Agreement as requiring City's approval or consent and to make all other decisions on behalf of City regarding the administration of this Agreement (except where City Council approval is expressly required herein), and (b) Manager's foregoing designated person or such other individual designated by Manager in writing to City has the authority to approve or consent to those matters identified in this Agreement as requiring Manager's approval or consent and to make all other decisions on behalf of Manager regarding the administration of this Agreement. City's management direction to Manager shall be given by the City Manager. 11.2 Indemnities. 11.2.1 Manager's Indemnity. Manager agrees to indemnify and hold harmless City and City's officers, officials, members, employees, agents, representatives, and volunteers from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, expert witness fees, attorneys' fees, costs, and expenses, which results from one or more of the following: 51 AW (a) any act or omission by Manager or any shareholder, director, officer, or employee of Manager in connection with Manager's performance under this Agreement that constitutes negligence or willful misconduct; or (b) any action taken by Manager relating to the Golf Course (i) that is expressly prohibited by this Agreement, or (ii) that is not within the scope of Manager's duties under this Agreement, or (iii) that is not within Manager's delegated authority under this Agreement; or (c) Manager's breach of the covenant contained in Section 7.0 of this Agreement. Manager's indemnity obligations under this Section shall not apply to any acts or omissions taken (or in the case of omissions, not taken) either at the written direction of City or with the written approval of City. 11.2.2 City's Indemnity. City agrees to indemnify and hold harmless Manager and its owners, officers, directors, and employees from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, expert witness fees, attorneys' fees, costs, and expenses, which result from: (a) any act omission by Manager in connection with the management and operation of the Golf Course (i) that is expressly authorized by this Agreement, or (ii) that is within the scope of Manager's duties under this Agreement, or (iii) that is within Manager's delegated authority under this Agreement, or (iv) that was either at the written direction of City or with the written approval of City; unless such act or omission constitutes negligence or willful misconduct (and was neither at the written direction of City nor with the written approval of City) in which event Manager shall not be indemnified under this Section; (b) any act or omission constituting gross negligence or willful misconduct by City or any officer, official, member, employee, agent, representative, or volunteer of City; or (c) City's failure to make any payment to Manager hereunder to which Manager is entitled pursuant to the terms of this Agreement, provided that Manager has provided written notice to City of such asserted failure and has given City an opportunity of not less than sixty (60) days to cure or contest such asserted failure. 11.3 Notices. All notices, demands, requests, consents, approvals, replies and other communications ("Notices") required or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail return receipt requested, postage prepaid to the addresses stated below (Notices deposited with the United States Postal Service shall be actually deposited with a branch of the United States Postal Office located in either the county of City's 52 address as provided in this Section or the county of Manager's address as provided in this Section); or (c) by deposit with a same -day or overnight express delivery service that provides a receipt showing date and time of delivery. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by same -day or overnight express delivery service shall be deemed effective upon receipt. Notice by personal delivery shall be deemed effective at the time of personal delivery. For purposes of Notices hereunder, the address of City shall be: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager For purposes of Notices hereunder, the address of Manager shall be: Each party shall have the right to designate a different address within the Southern California area by the giving of notice in conformity with this Section. 11.4 Independent Contractor. Manager shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between City and its successors and assigns, on the one part, and Manager and its successors and assigns, on the other part. 11.5 Compliance With Law; Licenses. Manager shall comply with all applicable laws of governmental bodies having jurisdiction with respect to the Golf Course site and Manager performance of this Agreement. Manager shall, at its expense, procure and maintain all licenses, permits, and approvals required to be obtained by it to perform the work under this Agreement. 11.6 Modification and Changes. This Agreement may be amended or modified only by a writing signed by both parties. 11.7 Entire Understanding and Agreement. Except as otherwise provided in the Release, this Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, and 53 296 this Agreement supersedes all prior understandings and agreements, whether written or oral, between City and Manager pertaining to the subject matter hereof. 11.8 Headings. The Article, Section, and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 11.9 Consents. Each party agrees that it will not unreasonably withhold any consent or approval requested by the other party pursuant to the terms of the Agreement, and that any such consent or approval shall not be unreasonably delayed or qualified, except where such consent is expressly stated as within the party's sole and absolute discretion. Similarly, each party agrees that any provision of this Agreement which permits such party to make requests of the other party shall not be construed to permit the making of unreasonable requests. . 11.10 Survival of Covenants. Any covenant, term, or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 11.11 Third Parties. None of the obligations under this Agreement of either party shall run to or be enforceable by any party other than the party to this Agreement or by a party deriving rights under this Agreement as a result of an assignment permitted pursuant to the terms of this Agreement. 11.12 Waivers. No failure by Manager or City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach of this Agreement shall constitute a waiver of any such breach or any .subsequent breach of the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Agreement and no breach of this Agreement shall be waived, altered or modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms and conditions of this Agreement shall continue in full force and effect. 11.13 Applicable Law; Venue; Service of Process. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. The parties agree that the Superior Court of the State of California, County of Riverside shall have jurisdiction of any litigation between the parties relating to this Agreement. Service of process on City shall be effected in such manner as required by California law for service on public entities. Service of process on Manager shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. Manager acknowledges that service of process may be effected by service on its registered agent in California, which as of the Effective Date of this Agreement is: . Manager shall promptly notify City in writing of any change pertaining to the entity or address serving as Manager's registered agent in California. 11.14 No Presumption RegardingDrafter. rafter. City and Manager acknowledge andagree that the terms and provisions of this Agreement have been negotiated and discussed between City and Manager, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either City or Manager to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 11.15 Enforceability of Any Provision. If any term, condition, covenant or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. 11.16 United States Currency. All amounts payable pursuant to this Agreement shall be paid in lawful money of the United States of America. 11.17 Counterparts. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. 11.18 Attorneys' Fees. In the event of a dispute involving the nonperformance by a party hereto of its obligations under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all other expenses (including expert witness fees and fees and costs related to discovery and appeal) reasonably incurred in connection with such dispute, whether or not litigation is commenced, in addition to all other relief to which the party is entitled. If the successful party recovers judgment in any legal action or proceeding, the attorneys' fees and all other expenses of litigation shall be included in and made a part of any such judgment. 11.19 Publicily. Any commercial advertisements, press releases, articles, or other media information using City's name shall be subject to the prior approval of the City Manager which approval shall be given or withheld in the City Manager's sole and absolute discretion. 55 4.6's 11.20 City Financing. Manager acknowledges that tax-exempt bond financing or other tax-exempt financing ("Financing") has been obtained for construction of the Golf Course. The form and issuance of such Financing, the selection of Financing legal counsel, and all other matters pertaining to the Financing, shall be in the sole and absolute discretion of the City. City and/or the La Quinta Redevelopment Agency and/or Public Financing Authority have the right, at any time and from time to time, to issue additional financing and/or effect or cause a refinancing and refunding of the Financing in its sole and absolute discretion. Notwithstanding any authority given in this Agreement to Manager to set fees, charges, and prices, the City Council shall have the superior authority to set fees, charges, and prices at the Golf Course if necessary to meet the operating covenants required by the Financing and the financing documents pertaining thereto. Manager agrees to amend this Agreement at any time and from time to time, if, in the opinion of the City's legal counsel, this Agreement must be amended to comply with laws, regulations, rules, or procedures applicable to the Financing, and any refinancing or refunding thereto, including but not limited to those laws, regulations, rules, and procedures applicable to or promulgated by the Internal Revenue Service. City and Manager shall meet and confer in good faith to effect such written amendment to this Agreement as necessary to insure the Agreement is in compliance as required by the preceding sentence, which amendment(s) shall be affixed as an attachment to this Agreement; provided, however, that in the event City and Manager disagree on the nature or scope of the required amendment(s), either party shall have the right to terminate this Agreement upon written notice to the other party and upon such termination neither Manager nor City shall have any further rights or obligations hereunder. 11.21 Covenants Against Discrimination. Manager agrees that in connection with its performance under this Agreement, there shall be no discrimination by Manager against any person on account of race, color, creed, religion, sex, marital status, national origin or ancestry. Manager agrees to include a provision similar to this Section in all subcontracts entered into by Manager in connection with work being performed under this Agreement. 11.22 Non -liability -of City Officers and Employs. No officer, official, employee, agent, representative, or volunteer of the City shall be personally liable to Manager, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to Manager or any successor, or for breach of any obligation of the terms of this Agreement. 11.23 Time of the Essence. Time is of the essence of this Agreement. The parties understand that the time for performance of each obligation has been the subject of negotiation by the parties. 11.24 Exhibits and Attachments Incorporated. All exhibits and attachments to this Agreement are incorporated herein and made a part hereof. 56 11.25 Authority. The parties represent for themselves that (a) such party is duly organized and validly existing, (b) the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement, and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. 11.26 Authorization to City Manager. In addition to such other authorizations granted the City Manager of City in this Agreement to act on behalf of City, the City Manager shall have the authority, in the event of a dispute involving the interpretation of the terms and provisions of this Agreement, to reasonably interpret the terms and provisions of this Agreement on behalf of City. 11.27 Possessory Interest. Pursuant to California Revenue and Taxation Code Section 107.6, City hereby informs Manager that this Agreement may create a possessory interest subject to property taxation, and in such event Manager may be subject to the payment of property taxes levied on such interest. [end - signature page follows] 57 000 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the day and year first written above. Date ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Date Date "CITY" CITY OF LA QUINTA, a municipal corporation Mayor "MANAGER" By: Name: By: Name: CEO Secretary 58 EXHIBIT "A" SILVER ROCK RANCH GOLF COURSE GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS 1. Greens Maintenance. Manager shall maintain all greens in accordance with accepted playability and industry- wide standards. Without limiting the generality of the foregoing, Manager shall maintain all greens in accordance with the following minimum requirements: (i) Change cups and repair ball markers daily. (ii) Mow greens daily with a reel -type mower designed specifically for mowing golf greens and of the type, make and model accepted by the golf industry. (iii) Verticut all greens as needed to control mat and thatch buildup. (iv) Aerify greens as needed and remove plugs the same day, top dress the greens following each aerification. (v) Treat greens with proper chemicals to control insects, disease and other pests. (vi) Fertilize greens at a rate and frequency that will promote healthy turf propagation. (vii) Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term and annually thereafter. Manager shall apply fertilizer in the quantity and type recommended by such analysis in a manner to provide uniform growth of turf. 2. Tee Maintenance. Manager shall maintain all tees in accordance with accepted playability and industry- wide standards. Without limiting the generality of the foregoing, Manager shall maintain all tees in accordance with the following minimum requirements: (i) Service tees daily by moving markers, benches, and ball washers. (ii) Change tee towels regularly and keep ball washers filled to proper level with water and an appropriate cleaning agent. (iii) Mow tees four (4) times weekly with reel -type mower at appropriate height for turf type and climate conditions. (iv) Verticut tees as needed for thatch removal. (v) Repair worn and damaged turf areas as they occur by overseeding or resodding to ensure playable tees at all times. qP'O JUt. (vi) Treat tees for control of insects, disease, weeds and other pests necessary to maintain healthy turf. (vii) Fertilize tees at a rate and frequency that will promote healthy turf propagation. (viii) Repair divots daily. (ix) Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term, and annually thereafter. Manager shall apply fertilizer in the quantity and type recommended by such analysis in a manner to provide uniform growth of turf. (x) Aerify tees as needed and remove plugs the same day, top dress the greens following each aerification. 3. Fairway Maintenance (Including_ Driving Range Area). Manager shall maintain all fairways in accordance with accepted playability and industry -wide standards. Without limiting the generality of the foregoing, Manager shall maintain all fairways (including the driving range area) in accordance with the following minimum requirements: (i) Mow fairways with a reel -type mower. (ii) Verticut fairways as necessary for turf health and playing conditions. (iii) Aerify all fairways as needed. (iv) Overseed and top dress (or, resod) worn or bare areas of fairways as necessary. (v) Treat turf to control weeds, disease, insects and other pests necessary to maintain weed -free and healthy turf. (vi) Fertilize fairways at a rate and frequency that will promote healthy turf propagation. (vii) Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term, and annually thereafter. Manager shall apply fertilizer in the quantity and type recommended by such soil analysis in a manner to provide uniform growth of turf. 4. Maintenance of Rough and Other Turf Areas. Manager shall maintain rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, in accordance with accepted playability and industry -wide standards. Without limiting the generality of the foregoing, Manager shall maintain all rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, in accordance with the following minimum requirements: so rj ," (i) Mow at least once per week. (ii) Verticut as necessary to promote healthy growth. (iii) Aerify as needed and seed or sod worn or bare areas in turf as necessary. (iv) Treat turf to control weeds, diseases, insects and other pests to maintain a healthy turf. (v) Fertilize at a rate and frequency that will promote healthy turf propagation. (vi) Manager shall have the soil analyzed within thirty (30) days after the commencement of the Management Term, and annually thereafter. Manager shall apply fertilizer in the quantity and type recommended by soil analysis in a manner to provide uniform growth of turf. 5. Maintenance of Nursery. Manager shall maintain sod nurseries for the greens at all times according to the foregoing greens maintenance specifications. 6. Maintenance of Accessory Equipment. Manager shall maintain all golf course accessory equipment in a clean, safe, functioning condition at all times, replacing with equipment and/or materials as necessary, including, but not limited to, the following: (i) Signs. (ii) Tee benches. (iii) Tee markers. (iv) Ball washers, including tee towels and soap. (v) Out-of-bounds markers, water hazards, cart directional signs, etc. (vi) Directional flags and poles. (vii) Distance markers (150 yards, etc.). (viii) Greens flags, poles and cups. (ix) Practice green markers and cups. (x) Trash receptacles. (xi) Cleat brushes. LA 7. Irrigation._ Manager shall maintain the entire irrigation system serving the Golf Course property, including main lines, valves, lateral lines, sprinkler heads, and controllers, in good repair, functioning properly and conforming to all related codes and regulations at all times. Manager shall irrigate the Golf Course property as required to maintain adequate moisture for growth rate and appearance in accordance with accepted industry standards. Adequate soil moisture shall be determined by visual observation, plant resiliency, turgidity, examining cores removed by soil probe, moisture sensoring devices and programming irrigation controllers accordingly. In addition: (i) Consideration shall be given to soil texture, structure, water holding capacity, drainage, compaction, precipitation rate, run-off, infiltration rate, percolation rate, seasonal temperatures, prevailing wind condition, time of day or night, type of grass or plant, and root structures. (ii) In areas where wind creates problems of spraying onto private property or road rights -of -way, the controller shall be set to operate during the period of lowest velocity. (iii) Manager shall be responsible for monitoring all systems within the Golf Course property and for correcting the same for coverage, adjustment, clogging of lines, and sprinkler heads, and removal of obstacles, including plant materials which obstruct the spray. (iv) Manager shall check the system daily and adjust and/or repair any sprinkler heads causing excessive run-off, or which throw directly onto roadway, paving or walks within rights -of -way. (v) All controllers shall be inspected on a daily basis and adjusted as required, considering the water requirements of each remote control valve. (vi) A soil probe or tensiometer shall be used regularly to determine the soil moisture content in various areas, with particular attention being given to the greens. (vii) Manager shall repair all leaking or defective valves within twenty-four (24) hours. (viii) Upon written request by City, Manager shall file a monthly statement with City certifying that all irrigation systems are functioning properly. (ix) If there is a reduction of the volume of water supplied to the Golf Course property during peak demand periods, the priority of water distribution by Manager shall be as follows: (a) greens, (b) tees, 62 (c) fairways, and (d) other turf and landscape areas. 8. Other Required Duties. (i) Manager shall remove all litter daily from the Golf Course grounds, including but not limited to the Golf Course, maintenance yard, landscape areas, and the driving range. Manager shall remove all trash and debris resulting from Golf Course maintenance as it occurs. Manager shall clean, repair, and replace trash receptacles as necessary to maintain clean, safe and sanitary conditions at all times. (ii) Manager shall maintain shrub and ground cover plantings and lawn areas in a manner to promote proper healthy growth and an aesthetically pleasing appearance at all times. (iii) Manager shall maintain all trees in a safe, healthy and aesthetically pleasing condition at all times. Trees shall pruned regularly in order to promote growth, safety, and beauty. (iv) Manager shall maintain all sand traps in a raked, edged and weed -free condition at all times, replacing sand in kind and rakes as necessary. (v) Manager shall take whatever preventive steps are necessary and legal to protect all slope areas from erosion at all times, subject to the approved budget. (vi) Manager shall control rodent and other animal pests as necessary to prevent erosion and destruction of plantings. (vii) Manager shall maintain and repair as necessary surface flow lines, swales, catch basins, grates, subsurface drainage systems, and other drainage structures in a clear, weed -free and properly functioning condition at all times. (viii) Manager shall observe all legal requirements and safety regulations in the use and storage of chemicals, hazardous materials, supplies and equipment. (ix) Manager shall maintain the golf maintenance storage room and yard in a clean, orderly and safe condition at all times, conforming to all applicable laws and regulations. (x) Manager shall take reasonable measures to protect golfers from injury and the Golf Course from damage in periods of frost, rainy weather and other unusual conditions. (xi) Manager shall maintain bridge abutments and approaches in a safe and stable condition. 0 63 (xii) Manager shall maintain walkways, steps, handrails on walkways, headerboards, and cart paths in a clean, edged, safe, and weed -free condition. (xiii) Manager shall maintain, repair and replace parking lots and driveways to achieve clean, safe and weed -free conditions. (xiv) Manager shall inspect the following frequently and repair as needed: (a) all area lighting systems for safe and functioning condition, and (b) all golf course parking lots, walkways and interior paved and/or unpaved surface roads. [end of Exhibit "A"] CITY OF LA QUINTA SILVER ROCK RANCH GOLF COURSE GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS DATE: SUPERINTENDENT: AUDITORS: Area UNACCEPTABLE Greens Fairways & roughs Driving range Maintenance records & schedules Lakes & other water bodies Maintenance employees Maintenance shop & equipment Traffic control Rest rooms OVERALL COURSE/ OPERATIONS NEEDS IMPROVEMENT ACCEPTABLE ..S 1 65 GREENS QUALITY STANDARD: Smooth, uniform, turf, firm but not hard, well-defined, consistent, of suitable speed for the location. Cups placed in accordance with USGA recommendations. Flags stands up straight. Cups, poles and flags are uniform, clean and in good repair. Pin placement indicators uniform and properly used only where necessary. 1. QUALITY. How do they Putt and Play? 100% Turf cover, smooth and uniform. Do the greens hold approach shots? Are the cups cut cleanly and in proper locations? No diseases, weeds, insects, rodents, or bare spots. Unacceptable Needs Improvement Acceptable 2. APPEARANCE. How do they look? Color and texture of the greens turf, uniformity of the mowing, condition of cup, flag and pole, condition of the areas around the greens. No diseases, weeds, insects, rodents, or off-color areas. Unacceptable Needs Improvement Acceptable 3. SAND TRAPS GREENS. How do they play and look? Sand surface is uniform and smooth, sand is adequate depth for play. No weeds or debris in traps. Rakes adequate in number and condition, properly placed. Quality of mowing/trimming around traps. As necessary, edge traps to always maintain a neat lip. Unacceptable Needs Improvement Acceptable FAIRWAYS AND ROUGHS QUALITY STANDARD: Fairways: Smooth, uniform turf cover, smooth mowing and trimming, clean, firm but not hard, well defined, that properly supports the ball for play. Roughs: Properly mowed and trimmed, clean and adequately uniform for play, distinct in height from fairways. Perimeter fencing properly trimmed at all times. 1. QUALITY. How do they play? Mowing height of fairways and roughs is within USGA specifications, mowing frequency is appropriate for the turf type and season. Fairway turf properly supports the ball for play. Able to find the ball in the roughs. Absence of wet or dry spots in play areas. Unacceptable Needs Improvement Acceptable 2. APPEARANCE. How do they look? Uniformity of color and irrigation, texture, quality mowing. Appearance of being "Manicured" turf coverage in traffic areas. No weeds, disease, insects, rodents, or off-color areas. Unacceptable Needs Improvement Acceptable 3. SAND TRAPS ROUGHS. How do they play and look? Sand surface is uniform and smooth, sand is adequate depth for play. No weeds or debris in traps. Rakes adequate in number and condition, properly placed. Quality of mowing/trimming around trees. As necessary, edge traps to always maintain a neat lip. Unacceptable Needs Improvement Acceptable 4. TREES AND SHRUBS. Pruned to maintain specimen health and safety to golfers and maintenance employees. Unacceptable Needs Improvement Acceptable J�7 67 TEES QUALITY STANDARD: TEES: Tees smooth, completely turfed, leveled, firm but not hard, clean, properly directed, with amenities trash cans, signs, tee markers, monuments, ball washers, towels, sand & seed containers, as appropriate) in good condition and repair, consistent and uniform. 1. APPEARANCE. MANICURED AND CLEAN. 100% turf cover, smooth and uniform. No weeds, diseases, insects or rodents. Consistent, adequate top dressing and seeding program. Minimal litter or broken tees. Unacceptable Needs Improvement Acceptable 2. PERIMETER AREAS AROUND TEES. Area between cart path (if any) and tee -uniformly and smoothly turfed, no mud or dirt, ball washers are clean, in good repair and properly located for the tee positions, cart paths are clean and properly placed as necessary; no identifiable traffic wear into tee. Unacceptable Needs Improvement Acceptable DRIVING RANGE 1. APPEARANCE - MANICURED AND CLEAN. Uniformity of mowing, color, texture of turf, smoothness of surface, cleanness of mowing on perimeters, absence of scalping. Consistent, adequate top dressing and seeding program. Unacceptable Needs Improvement Acceptable 2. PERIMETER AREAS AROUND TEES. Area between cart path (if any) and tees - uniformly and smoothly turfed, no mud or dirt, benches, club washers, bag stands are clean, in good repair and properly located for the tee positions, cart path is clean and properly edged, curbing or ropes/stakes are clean and properly placed as necessary; no identifiable traffic pattern into tee. Unacceptable Needs Improvement Acceptable 3. RANGE LANDING AREA. Turfed, clean and mowed per fairway maintenance section of audit. Unacceptable Needs Improvement Acceptable ��1 Ous MAINTENANCE RECORDS AND SCHEDULES All of the following maintenance records properly kept, on site, and up to -date 1. Maintenance plan visible and in use 2. Superintendents manual 3. Expense ledger - weekly 4. Records form 5. Equipment main- tenance records 6. Labor scheduling 7. Inclement weather, core staffing program in place 8. Gasoline log NEEDS UNACCEPTABLE IMPROVEMENT ACCEPTABLE LAKES AND OTHER WATER BODIES QUALITY STANDARD: Water Bodies: Clean, well-defined, free of weeds and noxious growth; well -marked and attractive. 1. Appearance of water -clean, no weeds or noxious growth, no noxious odors, no floating trash/debris. Unacceptable Needs Improvement Acceptable 2. Ground around lakes - mowing, trimming, etc. Unacceptable Needs Improvement Acceptable MAINTENANCE EMPLOYEES/CORE STAFF 1. Required state and federal forms posted. Unacceptable Needs Improvement Acceptable 2. Report number of Department employees. Actual: Budget: Unacceptable Needs Improvement Acceptable 3. Uniforms, hard hats, steel toe shoes on all Department employees except superintendent. Unacceptable Needs Improvement Acceptable MAINTENANCE SHOP AND EQUIPMENT 1. Shop area is orderly, clean, with no obvious safety hazards. Fertilizer and chemical storage is per training manual. No disorganized junk or trash in yard or shop. Condition of superintendents office. Unacceptable Needs Improvement Acceptable 2. Equipment is in good repair, is clean and properly maintained. Check oil, air cleaners, hydraulic oil, and status of machines under repair. Unacceptable Needs Improvement Acceptable TRAFFIC CONTROL 1. Ropes, stakes, and other traffic control devices are clean as necessary, in good condition, straight and repaired. Traffic control devices are used effectively to minimize turf wear in high traffic areas. Worn areas are under repair. Routes used by golf carts are well - maintained, free of potholes, and present a generally smooth and clean appearance. Unacceptable Needs Improvement Acceptable 2. Cart paths - Concrete paths are uniform in width and surfaces are safe for spikes, smooth for operation of golf carts. Unacceptable Needs Improvement - Acceptable 70 REST ROOMS RESTROOM - WOMEN'S FRONT NINE Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilets clean/bowls, rims, tank tops and bodies/toilet seats clean, tops and under sides/mirrors clean and streak fee/soap dispenser clean and full/paper towel dispenser clean and full/toilet paper dispenser clean and full/seat cover and dispenser clean and full/counter top clean/sink and faucet fixtures clean and functional. Light fixtures clean, functional and bug-free/room air freshener clean and functional/trash receptacle, clean with liner, reasonable empty/napkin receptacles clean with liners. Unacceptable Needs Improvement Acceptable RESTROOM - MEN'S FRONT NINE Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilet clean/bowls, rims, tank tops and bodies/toilet seats clean: tops and under sides/mirrors clean and streak-free/soap dispenser cleaned and full paper towel dispenser clean and full/toilet paper dispenser clean and full/seat cover dispenser clean and full/counter top clean and full/seat cover dispenser clean and full counter top clean/sink and faucet fixtures clean and functional/light fixtures: clean, functional and bug-free/room air freshener clean -and functional/trash receptacle: clean with liner, reasonably empty/urinals: clean, splash mats and deodorant blocks. Unacceptable Needs Improvement Acceptable RESTROOM - WOMEN'S BACK NINE Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilets clean/bowls, rims, tank tops and bodies/toilet seats clean, tops and under sides/mirrors clean and streak-free/soap dispenser clean and full/paper towel dispenser clean and full/toilet paper dispenser clean and full/seat cover and dispenser clean and full/counter top clean/sink and faucet fixtures clean and functional/light fixtures clean, functional and bug-free/room air freshener clean and functional/trash receptacle; clean with liner, reasonably empty/napkin receptacles clean with liners. Unacceptable Needs Improvement Acceptable RESTROOM - MEWS BACK NINE Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilet clean/bowls, rims, tank tops and bodies/toilet seats clean: tops and under sides/mirrors clean and streak-free/soap dispenser clean and full/seat cover dispenser clean and full/counter top clean/ sink and faucet fixtures clean and functional/light fixtures: clean, functional and bug-free/room air freshener clean and functional/trash receptacle: clean with liner, reasonably empty/urinals: clean, splash mats and deodorant blocks. Unacceptable Needs Improvement Acceptable 704 CLUBHOUSE AUDIT: CLUBHOUSE AUDIT DATE: MANAGER: AUDITORS: Area Clubhouse Golf Shop Pro Shop Food & Beverage Security/Accounting Carts Personnel Lockers NEEDS UNACCEPTABLE IMPROVEMENT ACCEPTABLE � a 72 CLUBHOUSE MAINTENANCE CLUBHOUSE EXTERIOR . 1. Parking lot trash-free/lot well striped and in good repair/trash bin area clean. Flags flying, flags and poles in good condition. Unacceptable Needs Improvement Acceptable 2. Exterior wall surfaces clean and cobweb-free/windows clean. Paint in good condition. All signage in good condition and uniformed. Unacceptable Needs Improvement Acceptable 3. Ground well manicured/trash-free/walkways clean and edged, proper planting, flowers fresh and colorful, planter beds weed and trash -free. Unacceptable Needs Improvement Acceptable 4. Bag racks, shoe cleaners painted, clean and in good repair/pay phones clean/directories available. Unacceptable Needs Improvement Acceptable 5. Scorecards on carts with pencil/also available at golf shop counter. Unacceptable Needs Improvement Acceptable 6. Preventative maintenance programs in place for building and equipments. Unacceptable Needs Improvement Acceptable DRIVING RANGE Trash-free/mats in good condition/quality and quantity of balls/ball washer in good conditionwalls clean/no trash/employee in uniform with name badge/baskets picked up on a regular basis/receptacle for cigarettes/no cigarette butts on walkways or in grass area/bag stands. Unacceptable Needs Improvement Acceptable ENTRY/LOBBY Interior paint in good condition/walls and vents clean/wall-mounted/pictures hung properly and clean/carpet vacuumed and spot -free or floor clean. Unacceptable Needs Improvement Acceptable RESTROOM - WOMEN'S Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilets clean bowls, rims, tank tops and bodies/toilet seats clean, tops and under sides/mirrors clean and streak- free/soap dispenser clean and full/seat cover and dispenser clean and full/counter top clean/sink and faucet fixtures clean and functional/light fixtures clean, functional and bug- free/room air freshener clean and functional/trash receptacle; clean with liner, reasonably empty/napkin receptacles clean with liners. Unacceptable Needs Improvement Acceptable RESTROOM - MEN'S 73 Entry mat or carpet clean/entry door fingermark-free/tile and painted walls clean/toilet clean: bowls, rims, tank tops and bodies/toilet seats clean: tops and under sides/mirrors clean and streak-free/soap dispenser clean and full/paper towel dispenser clean and full/toilet paper dispenser clean and full seat cover dispenser clean and full/counter top clean/faucet fixtures clean and functional/trash receptacle: clean with liner, reasonably empty/urinals: clean, splash mats and deodorant blocks. Unacceptable MANAGERS OFFICE Needs Improvement Acceptable 1. Clean/files organized/manuals available/schedules, current and posted/manager in uniform with name badge/office door closed, if possible. Copy of current course maintenance plan available/monthly course inspection report available. Unacceptable Needs Improvement Acceptable 2. Staff scheduling uniform with name badge. # of employees: Unacceptable Needs Improvement 3. 4. 5. 01 Tickler file on contracts and agreements. Unacceptable Needs Improvement Labor scheduling, Department Heads & Staff. Unacceptable Needs Improvement Manager schedule Unacceptable Needs Improvement Acceptable Acceptable Acceptable Acceptable Valet room - neat and proper, no trash. Customer viewpoint must be considered at all times. Unacceptable Needs Improvement Acceptable J17 74 GOLF (PRO) SHOP Customer Service: all staff have been trained in and provide first class service to customers [including staff empowered to handle customer problems). Unacceptable Needs Improvement Acceptable Ready Golf Signs up in pro shop and golf course - starters and marshals trained. Unacceptable Needs Improvement Acceptable Rounds and carts counted by shift - per Utilization Report, waiting lists, utilizing back nine. Unacceptable Needs Improvement Acceptable Cash handling: excess cash removed from cash register on a regular basis/checks endorsed/I.D.: major credit card, driver's license/employee's initials/register drawer closed between transactions/register display visible to golferN,R,X,Z keys stored, only management has access/credit card approval on all purchases over $ 100. 00/vendor code ring properly. Unacceptable Needs Improvement Acceptable Prices marked clearly with COST CODE and RECEIVED Date/Product knowledge suggestive selling/approved signage/merchandise hung and folded properly by color/departmentalized, clean and neat/no old stock. Unacceptable Needs Improvement Acceptable Carpet vacuumed and spot -free or floor clean/windows and mirrors clean and streak- free/shelves, counter tops, base boards, window ledges dusted/starter counter clean/dressing room clean, not used for storage. Unacceptable Needs Improvement Acceptable Staff in uniform/clean/neat and. clean hair, beard shaved with name badge. Unacceptable Needs Improvement Acceptable Customer message board UP/current, legible/customer comment forms on counter. Unacceptable Needs Improvement Acceptable Starter's responsibilities: Starter sheet in ink legible; all last names only with ring number/complimentary play sheet by starter sheet/cart tickets dated, signed and with dollar amount/car key deposit control used/key deposit: stored, properly/paid out slips and overring slips used and filled out completely. Unacceptable Needs Improvement Acceptable J`13 75 PRO SHOP Customer Service: all staff have been trained in and provides first class service to customers (including staff empowered to handle customer problems. Unacceptable Needs Improvement Acceptable Cash handling: excess cash removed from cash register on a regular basis/checks endorsed/I.D.: major credit card, driver's license/employee's initials/register drawer closed between transactions/register display visible to golfer/V,R,X,Z keys stored, only management has access/credit card approval on all purchases over $ 1 00.00/vendor code ring properly. Unacceptable Needs Improvement Acceptable Prices marked clearly with COST CODE and RECEIVED Date/Product knowledge suggestive selling/approved signage/merchandise hung and folded properly by color/departmentalized, clean and neat/no old stock. Unacceptable Needs Improvement Acceptable Carpet vacuumed and spot -free or floor clean/windows and mirrors clean and streak- free/shelves, counter tops, base boards, window ledges dusted/starter counter clean/dressing room clean, not used for storage. Unacceptable Needs Improvement Acceptable 76 FOOD AND BEVERAGE CUSTOMER SERVICE/FIRST CLASS SERVICE Non -transactional response, everyone has been empowered to handle customer's problem. Unacceptable Needs Improvement Acceptable SNACK BAR Staff in uniform: logo shirt/name badge/staff is friendly, smiling, and helpful. Unacceptable Needs Improvement Acceptable Cash Handling: Excess cash removed on a regular basis/drawer closed between transactions/register display visible to golf/V.R.X.Z keys stored/checks endorsed. Unacceptable Needs Improvement Acceptable Display case clean/well stocked with sandwiches and beer/appetizing appearance. Unacceptable Needs Improvement Acceptable Front counter clean/condiments fresh and in clean containers coffee and soft drink stations clean adequately stocked and ready for use/napkin dispensers clean and full. Unacceptable Needs Improvement Acceptable Snack display well stocked and clean. Unacceptable Needs Improvement Acceptable Hot dog cooker clean/well stocked/adequate fresh buns. Unacceptable Needs Improvement Acceptable Menu board clean/no hand lettering. Unacceptable Needs Improvement Acceptable Storage areas: clean, shelves organized. Food and chemicals stored per applicable governmental regulations. Unacceptable Needs Improvement Acceptable DINING ROOM Chairs, seats and frames clean and in good repair/tables clean, tops and bases/carpets clean and in good repair. Unacceptable Needs Improvement Acceptable Dining area: carpet vacuumed and spot-free/windows clean and streak -free tables and chairs neatly arranged/table tops clean and bases dusted/chairs clean/linens neat and clean/lights clean and functional/staff in uniform, menu clean. Unacceptable Needs Improvement Acceptable 77 Bar Seating Area: Carpet vacuumed and spot-free/windows clean and streak-free/bar stools, tables and chairs clean/bar top clean with supplied neatly arranged/bar mats and floor clean/glass shelves clean and streak-free/staff in uniform with name tags/light fixtures clean and functional/back bar organizes liquor brands displayed and dusted/refrigerators clean and organized/beer dispenser and drains clean/license framed, posted, and current/liquor brands displayed and dusted/refrigerators clean and organized/beer dispensers and drains clean/license framed, posted, and current/liquor storage shelves organized and clean/liquor storage floors, walls, and vents clean. Approved -pouring brands in place for well and back bars. Unacceptable Needs Improvement Acceptable Kitchen: Dish washing machine clean and sanitation procedures followed/garbage disposal operable/pots, pans and all shelving grease-free/garbage cans clean with liners/chopper, slicer and mixer clean and operable, kitchen floors clean/drains operable and clean/hoods, filters clean/refrigerators clean and organized - food stored off of the floor/food film covered in refrigerators and freezers/walls and floors clean/fire extinguishers current/last Health Department inspection. Unacceptable Needs Improvement Acceptable Inventory organized, in locked storage when applicable/two staff members take the inventories. Unacceptable Needs Improvement Acceptable Equipment clean and function/freezers and refrigerators at correct temperature. Sink areas clean. Grill areas clean, good and filters clean. Trash containers clean including lidliner buff or brown/reasonably empty. Unacceptable Needs Improvement Acceptable OFFICE Banquet information available/contracts completed and signed for each booking with deposit/ contract being used. Banquet histories, call reports and files in place and current. Unacceptable Needs Improvement Acceptable Beverage requisition form being used/breakage being disposed of properly in bars and snack bars, if liquor is served. Unacceptable Needs Improvement Acceptable SECURITY AND ACCOUNTING Script, rain checks in small supply at register/all are accounted for/manager has reserve stored for management access only/staff trained to issue properly/proper paid -out, incorrect ring slip used and staff trained/stored in safe: extra keys -script -rain checks. Unacceptable Needs Improvement Acceptable Payables, weekly sales, daily packages filed in date order, utilized per accounting manual Profit and loss statements, payroll registers and general ledgers for management access only. Bi-weekly productivity report completed. Unacceptable Needs Improvement Acceptable Alarm system operational, staff trained to use/only management has pass through/fire extinguishers services. Unacceptable Needs Improvement Acceptable Proper accounting software on P.C., no excess programs. Unacceptable Needs Improvement Acceptable Parking and clubhouse lighting adequate, functional and on time, set properly for the season: off a.m. - on p.m. Unacceptable Needs Improvement Acceptable Bank deposits made during daylight hours only/one day or less, of receipts in locked safe/deposits in bank daily/transfers made daily. Unacceptable Needs Improvement Acceptable Safe locked, not on day lock. Combination last changed Unacceptable Needs Improvement Acceptable Cash verification. Unacceptable Needs Improvement Acceptable Tournament contracts files with receipt attached. Deposit rung and recorded day received. Unacceptable Needs Improvement Acceptable 300 79 CARTS Electric Carts on site. Quantity of carts down # Unacceptable Needs Improvement Acceptable General Manager and cart mechanic understand and comply with agreement parts, batteries, warranties (copy of agreement in maintenance book). Unacceptable Needs Improvement Acceptable Maintenance records currently maintenance cardform in use/battery discharge records kept/all repairs dated/tools available. Unacceptable Needs Improvement Acceptable Necessary tools, electric discharge equipment available/being used carts being rotated/records kept/surfaces of batteries clean and free of acid, rest of cart chassis and mechanical recently cleaned. Unacceptable Needs Improvement Acceptable Carts being used for rental only/seats clean and in good repair/floor mats clean and in good repair/cart bodies and roofs in good repair, carts not over 3 years old. Unacceptable Needs Improvement Acceptable. Cart storage area clean, no junk. Unacceptable Needs Improvement Acceptable Employees demonstrate caring customer service/neat and clean/hair clean/shaved/employees in uniform with name badge/proper shoes. Unacceptable Needs Improvement Acceptable r r) rN 4.0 HE PERSONNEL Time clocks, operational, cards available, racks for cards. Hotline poster, for employees eyes only. (Spanish available where necessary.) Unacceptable Needs Improvement Acceptable Required state and federal forms posted by time clock. OSHA 200 form posted in clubhouse. Unacceptable Needs Improvement Acceptable Personnel card files up to date 'to include key and uniform issue. Attestation forms on file for all employees. Unacceptable Needs Improvement Acceptable First aid kit available and adequately stocked. Phone number for emergencies, police, and fire posted. Unacceptable Needs Improvement Acceptable Monthly staff and safety meetings being held. Forms complete and up-to-date. Unacceptable Needs Improvement Acceptable Inclement weather staff -reduction procedure in place. Unacceptable Needs Improvement Acceptable New employee forms available, checklist/applications/loss prevention/employee handbook/Reid reports/payroll deduction forms/insurance enrollment cards/liability claim form. Unacceptable Needs Improvement Acceptable Additional personnel forms available, verbal warning/written warnings/termination checklist/liability claim form. Unacceptable Needs Improvement Acceptable DEFICIENT ITEMS ITEM: 1. 2. 3. 4. 5. REQUIRED COMPLETION DATE: Jt. a] 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. �m EXHIBIT "C" CITY OF LA QUINTA SILVER ROCK RANCH GOLF COURSE NOTICE OF GOLF COURSE DEFICIENCY [SEE FOLLOWING PAGE] City of La Quinta Silver Rock Ranch Golf Course NOTICE OF GOLF COURSE DEFICIENCY Golf Operations Greens Fairways & Roughs Tees Driving Range Maintenance Records & Schedules Lakes & Water Hazards Maintenance Employees Maintenance Shop & Equipment Traffic Control Rest Room Statement of Deficiency Describe nature of deficiency to be corrected: Reported By: Date Statement of Correction Due: Date: Statement of Correction Describe what has or will be done to correct this deficiency: _ �I Date: Clubhouse Operations Clubhouse Golf Shop Hard Goods Pro Shop Food & Beverage Security & Accounting Carts Personnel Lockers Acknowledgement of Deficiency Correction It is hereby acknowledged that the above -listed golf course deficiency has been satisfactorily corrected. For City of La Quinta By: Date: For B Date: 03 85 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of the Effective Date (as that term is hereinafter defined) by and between the CITY OF LA QUINTA, a municipal corporation ("City"), and , ("Consultant"). In consideration of the promises and of the mutual covenants and agreements hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant do hereby covenant and agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services; Contract Sum; Time of Performance. Consultant shall provide the services shown on Exhibit "A" hereto ("Scope of Services"). The Consultant shall be compensated in accordance with the terms of Exhibit "B" hereto ("Contract Sum"). Consultant shall commence and complete the services described in the Scope of Services within the time period shown on Exhibit "C" hereto ("Schedule of Performance"). Additional provisions may be inserted by the parties on Exhibit "D" hereto ("Additional Provisions"). Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry. The City hereby designates the following person/officer as Project Manager to act on City's behalf City Manager or authorized designee. Consultant hereby designates the following person to act on Consultant's behalf City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to, or deducting from said work; provided, that any material alteration must be consented to in writing by the Consultant. No such work shall be undertaken unless a written order is first given by the City to Consultant, 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 the Consultant. Any increase in compensation not to exceed five percent (5%) or less of the Contract Sum, or in the Schedule of Performance not to exceed a cumulative total of one hundred eighty (180) days, may be approved by the City's Project Manager. Consultant hereby agrees to a background check by the City's Police Department if Consultant shall work with persons of eighteen (18) years of age or under. (See Exhibit "A.") 1.2 Compliance with Law. All services rendered shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local governmental agency having jurisdiction and in effect at the time service is rendered. Furthermore, each and every provision required by law to be inserted into this Agreement shall be deemed to be inserted, and this Agreement shall be read and enforced as though they were included. �� 1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City thereunder. 1.4 Performance to Satisfaction of City. Consultant agrees to perform all work to the satisfaction of City within the time specified. If Consultant's work is not satisfactory, the City has the right to take appropriate action, including but not limited to: (1) meeting with the Consultant to review the quality of the work and resolve matters of concern; (2) requiring Consultant to repeat the work at no additional fee until it is satisfactory; (3) suspending the delivery of work to Consultant for an indefinite time; (4) withholding payment; and (5) terminating this Agreement as hereinafter set forth. 1.5 Independent Consultant. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. Consultant shall not, at any time, or in any way, be entitled to any sick leave, vacations, retirement, or other fringe benefits from the City; and shall not be paid time and one-half for working in excess of forty (40) hours in any one week; and City is under no obligation to withhold State and Federal tax deductions from Consultant's compensation; Consultant shall not be included in the competitive service, has no property right to any position, and none of the rights an employee may have in the event of termination of this Agreement. 1.6 Prohibition Against Subcontractingor r Assignment. The City may, in its sole discretion, assign this Agreement, in whole or in part, to the La Quinta Redevelopment Agency and/or the La Quinta Public Financing Authority. The experience, knowledge, capability, and reputation of Consultant, and its principals and employees, were a substantial inducement for the City to enter into the Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither the Agreement nor any interest therein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, 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 Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including in any bankruptcy proceeding, the City may void the Agreement at City's option in its sole and absolute discretion. No approved transfer shall release any surety of Consultant of any liability hereunder without the express consent of City. 1.7 Familiarity with Work. By executing the Agreement, Consultant warrants that Consultant (a) has investigated and considered the Scope of Services to be performed, (b) has considered how the services should be performed, and (c) understands the known and currently apparent facilities, difficulties, and restrictions attending performance of the services under the Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services thereunder. Should the Consultant discover any conditions, including any latent or unknown conditions, which will materially affect the performance of the services thereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City's Project Manager. 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under the Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of the Agreement. Unless hereafter specified, neither parry shall be responsible for the service of the other. 2.0 INSURANCE AND INDEMNIFICATION 2.1 Insurance. Without limiting Consultant's indemnification obligations, Consultant shall procure and maintain, at its cost and for the duration of this Agreement, comprehensive general liability and property damage insurance, including automobile and excess liability insurance, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, and/or subcontractors. If applicable, Consultant shall also carry Workers' Compensation Insurance in accordance with State of California Workers' Compensation laws. All of Consultant's insurance, with the exception of its professional liability insurance, shall name the City, and its City Council and all the City Council appointed groups, committees, boards, and any other City Council appointed body, and elected or appointed officers, servants, employees, agents, representatives and volunteers (collectively hereinafter "City and City Personnel") as additional insureds. All of Consultant's insurance (i) shall contain no special limitations on the scope of protection afforded to City and City Personnel; (ii) shall be primary insurance and any insurance or self-insurance maintained by City or City Personnel shall be in excess of the Consultant's insurance and shall not contribute with it; (iii) shall be "occurrence" rather than "claims made" insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; and (v) 15 shall be written by good and solvent insurer(s) qualified to do business in the State of California, registered with the California Department of Insurance and acceptable to City. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, or non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, certified, or by personal delivery. In addition to such notice provided to City by the insurer, Consultant shall also provide City with thirty (30) days prior written notice, by certified mail, return receipt requested, of the suspension, voiding, cancellation, reduction in coverage or limits, non -renewal, or material change for any reason, of any such insurance policy or policies. Each insurance policy shall be endorsed to state that the insurer shall waive all rights of subrogation against the City and City Personnel. Consultant shall furnish City with duplicate originals of insurance policies and original endorsements effecting coverage required by this Agreement which shall be received and approved by City before work commences. The duplicate originals and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The procuring of such insurance or the delivery of duplicate originals and endorsements evidencing the same shall not be construed as a limitation on Consultant's obligation to indemnify the City and City Personnel. The amount of insurance required hereunder shall be as follows: (i) General Liability (including premises and operations, contractual liability, personal injury, independent contractors liability): One Million Dollars ($1,000,000.00) Single Limit, per occurrence. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be three times the occurrence limit. (ii) Automobile Liability (including owned, non -owned, and hired autos): One Million Dollars ($1,000,000.00), Single limit, per occurrence for bodily injury and property damage. (iii) Workers Compensation and Employer's Liability: One Million Dollars ($1,000,000.00) per accident (if Consultant is required to have per the laws of California). Any deductibles or self -insured retentions must be declared to and approved by the City prior to the execution of this Agreement by City. If Consultant is required to provide Workers' Compensation Insurance, Consultant shall file with City the following signed certification: "I am aware of, and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to City before execution of the Agreement." For any Workers" Compensation and. Employer's Liability Coverage, the insurer shall agree to waive all rights of subrogation against the City and City Personnel arising from work performed by the Consultant for the City. Consultant shall require all subcontractors similarly to provide such Workers' Compensation Insurance for their respective employees. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City's execution of this Agreement. The City and City Personnel shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section or with the provisions of law relating to Workers' Compensation. 2.2 Indemnification. 2.2.1 By Consultant. Consultant agrees to indemnify, defend, and hold harmless the City and City Personnel against any and all actions, suits, claims, damages liabilities, including legal costs and attorney's fees and expert witness fees, whether or not suit is actually filed, and any judgment rendered against City and/or City Personnel (hereinafter, collectively, "Claims") that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the performance of the work, operations, or activities of Consultant, its agents, employees, subcontractors, or invitees; provided, however, Consultant shall not be required to indemnify, defend, and hold harmless the City and City Personnel if the Claim arises from or is caused in whole by the acts, omissions, or errors of the City and/or City Personnel and Consultant shall only be required to indemnify, defend, and hold harmless City and City Personnel to the extent City and/or City Personnel are not at fault if the Claim arises in part, by the acts, omissions, or errors of the City and/or City Personnel. 2.2.2 By City City agrees to indemnify, defend, and hold harmless Consultant against any and all actions, suits, claims, damages liabilities, including legal costs and attorney's fees and expert witness fees, whether or not suit is actually filed, and any judgment rendered against Consultant (hereinafter, collectively, "Claims") that may be asserted or claimed by any person, firm, or entity arising out of or in connection with acts, errors, or omissions of City or City Personnel acting in their official capacity pertaining this Agreement; provided, however, City shall not be required to indemnify, defend, and hold harmless Consultant if the Claim arises from or is caused in whole by the acts, errors, or omissions of Consultant, and City shall only be required to indemnify, defend, and hold harmless Consultant to the extent Consultant is not at fault if the Claim arises in part, by the acts, omissions, or errors of Consultant. 3.0 MISCELLANEOUS PROVISIONS 3.1 Legal Actions. The Municipal and Superior Courts of the State of California in the County of Riverside shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the laws of the State of n 3 California. In addition to any other rights or remedies, either party may take legal action, in law or in 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. 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. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served within or outside of California. Consultant acknowledges that service of process may be effected by service on its registered agent in California, which as of the Effective Date of this Agreement is: . Consultant shall promptly notify City in writing of any change pertaining to the entity or address serving as Consultant's registered agent in California. 3.2 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its 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. 3.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant's negligent acts, errors, or omissions, or willful misconduct, in performing or failing to perform Consultant's obligations under this Agreement. City in its sole and absolute discretion may withhold from any payment due Consultant, without liability for interest, an amount sufficient to cover such claim or any resulting lien. The failure of City to exercise such right to deduct or withhold shall not affect the obligations of the Consultant to insure and indemnify City as elsewhere provided herein, or act as a waiver of Consultant's obligation to pay City any sums Consultant owes City. 3.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other parry's consent to or approval of any subsequent act. 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. n '-.� %o %, 91 3.5 Termination By City. City may terminate this Agreement only for cause, upon thirty (30) days prior written notice to Consultant; provided, however, that notwithstanding the foregoing the City may terminate this Agreement without cause if the Planning Commission of the City or the City Council, as applicable, fails to grant approval or conditional approval of the Conditional Use Permit for the Golf Course, or if the City determines in its sole and absolute discretion (i) not to develop the Golf Course, or (ii) following commencement of construction of the Golf Course, not to complete construction of the Golf Course, or (iii) following construction of the Golf Course, not to open or operate the Golf Course. Upon receipt of any notice of termination from City, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the City. Consultant shall be entitled to compensation for all services rendered prior to receipt of City's notice of termination and for any services authorized in writing by the City thereafter. 3.6 Right to Stop Work, Termination By Consultant. Consultant may terminate this Agreement only for cause, upon thirty (30) days' prior written notice to City. Consultant shall immediately cease all services hereunder as of the date Consultant's notice of termination is sent to the City, except such services as may be specifically approved by the City. Consultant shall be entitled to compensation for all services rendered prior to the date the notice of termination is sent to the City and for any services authorized in writing by the City thereafter. 3.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney's fees and expert witness fees. Attorney's fees shall include reasonable costs for investigating such action, conducting discovery, and all other necessary costs the court allows which are incurred in such litigation. 3.8 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 3.9 Conflict of Interest. No officer, official, employee, agent, representative, or volunteer of City shall have any financial interest, direct or indirect, in this Agreement, participate in any decision relating to this Agreement which affects his or her financial interest or the financial interest of any corporation, partnership or association in which he or she is interested, in violation of any Federal, State, or City statute, ordinance, or regulation. .5 92 3.10 Covenant Against Discrimination. Consultant covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the performance of this Agreement. Consultant further covenants and agrees to comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) as the same may be amended from time to time. 3.11 Notices. Unless otherwise provided herein, all notices required to be delivered under this Agreement or under applicable law shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the third calendar day following dispatch. Notices shall be delivered to the following addresses: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager To Consultant: Changes in the address to be used for receipt of notices shall be effected in accordance with this Section 3.11. 3.12 Records and Reports. Upon request by City, Consultant shall prepare and submit to the City any reports concerning Consultant's performance of the services rendered under this Agreement. City shall have access, upon reasonable notice, to the books and records of Consultant related to Consultant's performance of this Agreement in the event any audit is required. All drawings, documents, and other materials prepared by Consultant in the performance of this Agreement (i) shall be the property of City and shall be delivered to City upon request of the City or upon the termination of this Agreement, and (ii) shall not be released publicly without the prior written approval of the City. Any use by City of any unfinished documents shall be at the sole risk of the City. Any reuse by City of any documents on any other project without the prior written consent of Consultant shall be at the sole risk of the City. Consultant shall keep and maintain all records and reports related to this Agreement for a period of five (5) years following termination of this Agreement, and the City shall have access to such records in the event any audit is required. 93 3.13 Interpretation; Severability. 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. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. 3.14 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties, by an instrument in writing. 3.15 Time of Essence. Time is of the essence in the performance of the Agreement. 3.16 Force Majeure. The time period specified in this Agreement for performance of services shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the City or Consultant, as the case may be, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the delaying party shall within ten (10) days of the commencement of such delay notify the other party in writing of the causes of the delay. If the Consultant is the delaying party, the City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay as mutually agreed by the parties; provided that if no agreement is reach, the period of delay shall be as determined by the City in the exercise of its reasonable discretion and the City's determination in such event shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused. Consultant's sole remedy shall be extension of this Agreement pursuant to this Section 3.16. 3.17 Corporate Authority. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. The Consultant shall complete a W9 Form in the form attached hereto as Exhibit "E." V 3.18 Public Contracts Law. City is subject to the provisions of law relating to public contracts in the State of California. It is agreed that all provisions of law applicable to public contracts are a part of the Agreements to the same extent as though set forth herein, and shall be complied with by Consultant. When applicable, Consultant shall not pay less than the prevailing wage. It shall be the responsibility of the Consultant to obtain the Prevailing Wage Rates from the Director of Industrial Relations of the State of California directly or through the Contract Officer. 4.0 ADDITIONAL PROVISIONS Any additional or supplementary provisions to this Agreement, or modifications or alterations of this Agreement, shall be described in Exhibit "D" hereto. In the event of any discrepancy or disagreement between the terms provided in Exhibit "D" and the other terms of this Agreement, the terms provided in Exhibit "D" shall prevail. [Signature Page Follows] 3Q8 95 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date set next to the signature of the City ("Effective Date"). Dated: CITY OF LA QUINTA M Mayor ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson, Esq. City Attorney CONSULTANT: 9-- Dated: Name: Title: By: Dated: Name: Title: Exhibit "A" to Agreement for Professional Services Scope of Services The Pre -Opening Consulting phase primarily covers the timeframe from the time the contract is executed through the commencement of construction of the golf course irrigation system. Consultant shall be available to consult with the City on issues including, but limited to, the following: Development Committee Member Upon contract signing, Consultant will work diligently and enthusiastically with the City in implementing the scope of services outlined in this agreement. Consultant shall make available key Consultant personnel whose expertise can help the successful development of a high quality golf facility on budget and that can be operated according to projected revenue and expense expectations. Design and Programming Phase Consultant will meet and work with the golf course architect, golf course consultants, and the clubhouse architect and consultants (and the maintenance building and restroom architect, if separate) as necessary to consult on the plans and specifications for the three facilities listed below: Golf Course Prior to submitting working drawings for general contractor bids, Consultant will work with the golf course architect to review the construction specifications. The purpose will be to assure, from an operations perspective, that the golf course will be worthy of the forecasted rounds and rates; can be maintained efficiently and cost effectively; and will satisfy other special needs of the City. Consultant will focus on issues such as: playability factors, pace of play, drainage and irrigation, cart path routing and curbing, tees and greens specifications; selection of the testing laboratory, selection of turf mix, soil testing and soil recommendations for greens, tees, fairways, roughs, and native areas, reviewing water quality and testing; irrigation and pump station selection; selection of fertilization pumps and tanks and system type, bunker specifications, utilize Integrated Pest Management (IPM) during design and construction, landscaping, driving range plan, traffic flow, review the entire land plan including the location of the maintenance building, clubhouse and parking, entrance and the like. All findings and analysis will be discussed with the City for its consideration and possible action. �1 Clubhouse Consultant will help the City establish the overall Temporary Clubhouse theme that will integrate the food and beverage, pro shop, restroom facilities and open spaces created by the architect. In addition, Consultant will assist the architect in the establishing the Temporary Clubhouse construction programming and specifications that will coordinate the approved theme with the proposed development and operating budgets. This includes issues such as: general layout and interior specifications, traffic flow and circulation, operational functionality, general & administrative programming, kitchen and food & beverage programming; also programming for the "tumstand" food and beverage service after 9 holes to assure efficiency, maximize revenues and quality customer service; also pro shop programming, entrance and parking, bag drop, cart storage, waste removal area. Consultant will also work with the interior designer in the development of the FF&E (furniture, fixtures and equipment) programming and begin the preliminary selection process. Consultant will meet and work closely with the City until the Temporary Clubhouse plan and budget is approved. Maintenance Building and Golf Course Restrooms Consultant will assist the clubhouse architect in developing the overall design and floor plan programming of these buildings. Included items: Soil storage, fuel tanks, pesticide and fertilizer storage, rinse pad, mix load area, fluids storage area. Consultant will review the placement of and site plan relating to the maintenance facilities and will develop the maintenance equipment list for City approval including a tax-exempt lease financing bid. Consultant will manage the set-up of each facility per the approved budgets. Consultant will work closely with the City until the plans and budgets for these facilities are developed and approved. Golf Course General Contractor and the Clubhouse, Maintenance Building and Golf Course Restrooms Contractor Consultant will consult with the architect, the construction manager, and the City in developing the final design specifications and bid packages and reviewing the bids from the general contractors. Consultant would attend the oral interviews and provide opinions for the City's consideration and confidentially advise the City and the construction manager during the negotiations phase with the selected candidate as requested. Pre -Opening Budget Consultant will work with the City and the construction manager in preparing the development budget format to be used during the development phase. This will include all line items from financing expenses to pre -opening expenses incurred up to opening day. Consultant will work with the City, the architects, and the construction manager to achieve the approved design objectives while seeking development budget savings where possible. Consultant will take direct responsibility for developing and managing those budgets that are not included in the golf course general contractor's budget and area of responsibility which can include, but are not limited to: Clubhouse and FF & E budget Maintenance building and set-up budget Golf course restrooms budget Golf course grow -in budget Pre -opening marketing budget Pre -opening operations budget Consultant will develop these budgets working in close coordination with the City and will implement the budgets after achieving final City approval. Operating Budget Consultant will develop the first year operating budget for City review and discussion and approval prior to the bond offering. The final first year operating budget may need to be modified by Consultant and approved by the City prior to opening day. Construction Phase Consultant will work with the City's Construction Manager to review adherence to the approved plans and specifications; and provide advice and opinions on possible changes to improve general playability, operational efficiency, and general maintenance improvements, if necessary. This design and progress analysis will be discussed at the regular Development Committee meetings as the golf course takes shape. Consultant will schedule regular bi-monthly site visits or more often as needed with appropriate personnel. Consultant will assist the City and the architect(s) in developing the specifications for the clubhouse, maintenance building and golf course restrooms for City approval and will assist the Construction Manager in verifying the implementation of the approved plans and specifications. 34 M, Pre -Opening Marketing Consultant will develop the pre -opening marketing plan and budget for discussion with, and approval from, the City. The pre -opening marketing budget would likely include the following: Collateral Materials Coordinate with Agency's marketing consultant the logo design and development, stationary and brochure design and printing, Scorecard design and printing, yardage guide design and printing, photography, develop press kit (including golf course and clubhouse renderings, appropriate bios on City and Consultant staff, company backgrounders). Advertising Production Electronic and print media, coordinate with Agency's marketing consultant advertising schedule. Public Relations Coordinate with Agency's marketing consultant a media relations plan, site visits and interviews (i.e., local media, national media, golf course rating groups including Golf Digest, Golf Magazine and Golf Week), generate and distribute periodic press releases regarding the progress of the development phase (i.e., pre- and post event releases, Grand Opening, new hires, special events, promotions, community outreach programs), develop and manage the La Quinta community relations program, coordinate submission of golf course publicity to municipal associations and publications to promote La Quinta, its municipal planning and its productive use of tax exempt financing to generate revenues. Special Events In coordination with Agency's marketing consultant, develop and manage two (2) Grand Opening events - a media day event and City VIP event. These are very important events that take much planning which Consultant will do in close coordination with the City. Programming Begin outings and events sales program; develop pricing strategy, investigate the viability of a permanent tee time program on Saturday and Sunday and discuss with City, begin group golf sales program Southern California Golf Shows Exhibit at selected shows to promote golf course during construction. �, ��V •� 3 too Opening Operations Management The Pre -Opening Operations Management phase of this Agreement will begin at the point when construction of the golf course irrigation system commences. At that point, Consultant will begin to hire its maintenance and grow -in staff in anticipation of beginning to receive finished holes from the general contractor. Human Resources Consultant's corporate Human Resources department will set-up its hiring procedures with personnel policy manuals at the site. All payroll processing and benefits administration will be conducted from the corporate office. The first employee will be the golf course superintendent who Consultant will select and present to the City for approval. Grow -In The Superintendent will manage the grow -in phase. All Consultant personnel will work closely with the construction manager and the general contractor to assure a "seamless" transition when finished holes are handed over to Consultant. Consultant will order the maintenance equipment, as needed. The Superintendent and Consultant will review the preliminary grow -in budget and recommend any necessary adjustments to the City for review and approval. This could include equipment needs, fertilizer and 'other supplies, irrigation system supplies, maintenance building setup needs, staffing, water usage, signage, golf course and practice range set-up supplies, and the like. The superintendent will be providing grow -in progress and updates to the Development Committee at its regular meetings or more often as needed. Clubhouse Pre -Opening Consultant corporate staff will manage clubhouse pre -opening activities until the General Manager is hired. These activities include coordinating with local utilities and special services, liquor license procurement, the final selection and procurement of FF&E for the kitchen, dining room, pro shop, office areas, locker/restrooms, etc. The General Manager will be hired about four months prior to opening day. He will begin to hire and train his staff, order golf carts utilizing Consultant's national account, order inventory and supplies, and establish the overall policies and procedures specific to SilverRock Ranch and the needs and requirements set by the City. He will also work closely with the marketing consultant in preparing for opening day and the Grand Opening events. 1n1 Finance and Accounting After the General Manager and the on -site Controller are hired, Consultant will begin to implement its finance and accounting procedures. This will include installing the Fore! Point of Sale System and the Peachtree accounting software or equivalent, as well as procuring the needed computer hardware. Consultant will coordinate this process with the City's finance staff to assure "seamless" integration between the golf course and the City. Consultant's corporate controller and his accounting staff will assist the on -site controller during the set-up period and continually thereafter. 100 Exhibit B Contract Sum Compensation Pre -Opening Consulting - $ per month plus approved expenses Pre -Opening Operations Management - $ per month plus approved expenses Consultant shall submit periodic invoices, including substantiation for expenses, and City shall promptly process such invoices for payment. In the event any expense item/items listed on any invoice is/are questioned by the City, the City shall promptly pay all non -disputed amounts and the parties shall meet and confer in good faith to resolve any differences with respect to the disputed item(s). 103 Exhibit C Schedule of Performance Term The Term shall commence at the time this contract is executed and terminate on the day the golf course opens for play. The Term shall be separated into two (2) phases: Pre -Opening Consulting Phase - Date agreement is executed through the date when the City sends written notification that construction of the golf course irrigation system has commenced Pre -Opening Operations Management Phase - Date when the City sends written notification that construction of the golf course irrigation system has commenced through first day that golf course is open to the public. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall terminate on the earlier of (i) the date when the golf course is open to the public, or (ii) the date that is thirty (30) months following the Effective Date of this Agreement. 104 Exhibit "D" to Agreement for Professional Services Additional Provisions None. 105 BUSINESS SESSION ITEM: ;a ORDINANCE NO. 390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. An amendment to the contract between the City Council of La Quinta and the Board of Administration of the California Public Employees' Retirement System is hereby authorized; a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of La Quinta is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3'. This Ordinance shall take effect 30 days after its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Desert Sun, a newspaper of general circulation in the City of La Quinta and thence from and thereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4" day of November, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. 390 Ca1PERS - 2.6% at 55 Adopted: October 21, 2003 Page 2 ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California r j .) Ordnance No. 390 Ca1PERS - 2.5% at 55 Adopted: October 21, 2003 Page 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 390 which was introduced at a regular meeting on the 21' day of October, 2003 and was adopted at a regular meeting held on the 4" day of November, 2003 not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, City Clerk City of La Quinta, California n � J.� caIrERs California Public Employees' Retirement System' EXHIBIT A AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of LaQuinta The Board of Administration, Califomia Public. Employees' Retirement System, hereinafter referred to as Board, and the . goveming body of the above public agency, hereinafter referred to as Public . Agency, having entered into a contract effective December 16, 1983, and witnessed November 1, 1983, and as amended effective November 12, 1988, November 2, 1990, January 18, 1991, November 1, 1991 and June 7, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective June 7, 2002, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided.. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency . shall participate in the Public Employees' Retirement System from and after December 16, 1983 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which bg express provisions thereof, apply only on the election of a contracting agency. ' T IGN "EXHIBIT ONLY' 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than - local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. 5. The percentage of final compensation to be. provided for each year of edited ,prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited -prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b. Section 21573 (Third Level of 1959 Survivor Benefits). C. Section 20042 (One -Year Final Compensation). d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 8. Public Agency, in accordance with Government Code Section 20834, shall not be considered -an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contribution determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not' including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic. investigation and valuations required by law. 11. Contributions required of Public Agency and its. employees shall be subject to adjustment by Board on account of amendments to the Public . Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for .any period, proper adjustment shall be made in connection with .subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES'RETIREMEN'T,61!-STEM CITY OF LAQUINTA BY BY KENNETH W. MARZION, CHI PRESIDING OFFICW * ACTUARIAL & EMPLOYE VICES DIVISION PUBLIC EMPLOYEES' EMENT SYSTEM Witness Da10 Attest- Clerk AMENDMENT ER# 1351 PERS-CON-702A (Rev. 8\02) Department Report: I A w 11CfMI'�7RA7f11� OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: November 4, 2003 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the October 21, 2003, City Council meeting: 1. Court Williams, 41-525 Indian Trail, Rancho Mirage, indicated he is purchasing a home in La Quinta and recently attended a Community Services - Commission meeting where there was discussion about the new skate park that is to be located at the La Quinta Park. He commented on the need to construct a concrete skate park instead of a modular one, and urged Council to review the comments made at that meeting. 2. Dallas Williams, 53-725 Avenida Martinez, stated he believes concrete skate parks are more successful and safer than modular systems. He wasn't able to attend the last meeting and hopes there will be another one. • Mayor Adolph commented he understood the facility at the La Quinta Park would be concrete. City Manager Genovese stated it will probably be a combination of both but the plans are in the beginning stages at this time. Council Member Perkins agreed the skate park should be built to be successful if it is going to be done. Council Member Sniff suggested the two speakers be notified when the skate park issue is placed on a future agenda. 3. Rose Marie Gonzales, of Imperial Irrigation District Energy, introduced Glenn Steiger as their new General Manager. He gave a brief overview of what IID Energy is currently doing, and indicated IID Energy has approximately 60,000 customers in Coachella Valley at the present time. DEPARTMENT REPORT: 3 � A NOVEMBER 4 NOVEMBER 4 NOVEMBER 11 NOVEMBER 18 DECEMBER 2 DECEMBER 5 DECEMBER 5 DECEMBER 6 DECEMBER 16 JANUARY 6 JANUARY 20 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING REGULAR CONSOLIDATED ELECTION VETERANS' DAY ACKNOWLEDGMENT AREA EVENT - CIVIC CENTER CAMPUS CITY COUNCIL MEETING CITY COUNCIL MEETING HOLIDAY OPEN HOUSE 11:30 A.M. - 3:30 P.M. CITY CHRISTMAS TREE LIGHTING 6:00 P.M. - 8:00 P.M. EMPLOYEE RECOGNITION BANQUET CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING November 2003 La Quinta City Council Monthly Planner 1 9:00 AM - 4:00 PM SJSR Ntl. Monument - Henderson 2 3 4 5 6 7 8 10:00 AM ALRC 11:30 AM Mayors Lunch - Hyatt Grand Cham- pion - Indian Wells Election Day 2:00 PM City Council Meeting 9 10 11 12 13 14 15 10:00 AM Pub. Sfty- 9:00 AM RCTC- 12:00 PM Energy/Envi- Perkins ILHenderson Sniff 12:00 PM Transp. 5:30 PM Investment 7:00 PM Cultural Arts Perkins 3:00 PM Mtns. Con -Sniff Veteran's Day (CITY Advisory Board Conunission 6:00 PM League- HALL CLOSED) Henderson 1:00 PM - 3:00 PM 7:00 PM Com. Serv. Veteran's Day Acknowl- Comm. edgment Area Event 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 23 24 25 26 27 28 29 6:00 PM CVAG-Exec 7:00 PM Planning 12:00 PM CVAG Human/ Com-Adolph Commission Comm -Osborne 4:00 PM DRRA Airp- Osborne Thanksgiving Day (City Thanksgiving Holiday Hall Closed) (City Hall CLOSED) 30 IMISMIM111i I fill ` October S M T W T F S 1 2 3 4 "• ' 5 6 7 8 9 10 11 1!111 i' i i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lilili ;I.III� i�11, u i 26 27 28 29 30 31 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 10/28/2003 December 2003 La Quinta City Council Monthly Planner Sunday Monday Tuesda "R, ... 2 3 4 5 6 2:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM SunLine - Adolph 11:30 AM - 3:30 PM Employees Recognition Holiday Open House Banquet 6:00 PM - 8:00 PM Christmas Tree Lighting .Till i I I I I Ceremony 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Sniff Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 12:00 PM Transp.- Commission Advisory Board Commission Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Comrnission Meeting 21 22 23 24 25 26 27 7:00 PM Planning Commission 0 0 0 1 st Day of Winter Christmas Eve Christmas Day Extended Christmas (City Hall OPEN) (City Hall CLOSED) Holiday (City Hall CLOSED) 28 29 30 31 6:00 PM CVAG-Exec J, November03 OVe ..7-1 November 03 January 04 S T IjICom-Adolph S M TW T F S S M TW T F S 1 2 3 1 8 3 4 5 6 7 2 : New Years Eve 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 1 0 1 1 1 2 1 3 4 1 5 9 10 11 12 13 14 15 11 12 13 14 15 16 17 (City Hall OPEN) 16 17 18 19 20 21 22 16 7 8 1 9 20 21 22 125 26 27 28 29 18 19 20 21 22 23 24 23:214 5 9 30 j i 25 26 27 28 29 30 31 INN Printed by Calendar Creator Plus on 10/28/2003 0 January 2004 La Quinta City Council Monthly Planner ricjay December 03 s'E`i I,fli February 04 i' . 9:00 AM - 4:00 PM SJSR Ntl. Monument- S M T W T F S . S M T W T F S ��. ; Henderson 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 New Years Day ' Extended New Years 14 15 16 17 18 19 20 21 22 23 24 25 26 27 15 16 17 18 19 20 21 (City Hall CLOSED) 22 23 24 25 26 27 28 ! Holiday (City Hall CLOSED) 28 29 30 31 29 I f ' 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC 12:00 PM Energy/Envi- Meeting Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp.- Commission Advisory Board Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting Martin Luther King's Birthday (CITY HALL CLOSED) 25 26 27 28 29 30 31 6:00 PM CVAG-Exec 7:00 PM Planning 12:00 PM CVAG Human/ Com-Adolph Commission Comm -Osborne 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp- Printed by Calendar Osborne Creator Plus on 10/28/2003 v DEPARTMENT REPORT: 5' A OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERKY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 4, 2003 SUBJECT: REPORT ON ANNEXATION EFFORTS BY RESIDENTS OWNING PROPERTY EAST OF MONROE STREET, NORTH OF AIRPORT BOULEVARD, SOUTH OF AVENUE 52, AND WEST OF VAN BUREN STREET. Staff has been receiving numerous form letters from property owners within the area noted above requesting to be annexed into the City. This interest has been initiated by Mr. Mert Gaylor who mailed the attached information to all the property owners. Mr. Gaylor does not want to be annexed by the City of Coachella and is therefore trying to generate enough interest to start the annexation process into the City of La Quinta. To date we have received 84 Yes petitions, 4 No petitions, and 3 who want to remain in the County. There are approximately 483 parcels of property within the area. Staff is requesting Council direction. Attachment: 1. Information mailed to property owners by Mr. Mert Gaylor GAbsawyer\WPDOCS\CC Stf Rpts\DR Annex.doc September 26, 2003 Dear QUI !44 RECEIVED 3 OCT - 3 2003 ti What City do you want to be annexed to? Coachella or La Quints. I As you may or may not know, the City of Caaebeila is contemplating a "land grab" which includes property. Don't think your property will remain in the unincorporated jurisdiction of Riverside County forever. Now is the time to act! Don't wait another minute! Please join me in opposing this attempt to annex our properties and sign the attached letter, which has your personal information, and send it in the enclosed stamped self addressed envelope immediately. Your future and your property values are at stake! Sincerely, Mert Gayler (C.R.C.G.) Citizens for Responsible Community Growth. September 12, 2003 ' P u I/Q RECEIVED 0 OCT �0 w \. 4A) Mr. Jerry Herman Director of Community Development City of La Quinta P.O. Box 1504 La Quinta, California 92253 Dear Mr. Herman: Please let this letter serve as formal notice that we would like to become residents of The City of La Quinta. We hereby petition you to amend the current sphere of influence of our properties to La Quinta. We would appreciate the commencement of the annexation process at your earliest convenience. Sincerely, X. 362 SUNDAY, SEPTEMBER 21, 2003 B3 Coachella to consider annexng twoparcels BY XocxrrL THE DESERT SUN WACHEUA — The city's es- timated 26,750 population could increase if two sepa- rate parcels of unincorporat- ed land outside the city are annexed. Neighboring residents and property owners are pursu- ing annexation and are preparing to circulate a pe- tition to gather support. An informational meeting was held earlier this month between city officials and Property owners and anoth- THE DESERT SUN Annex Continued. from B 1 According to an annual report re- -leased earlier this year by the Cal- ifornia Department of Finance, Coachella is among the state's 10 fastest -growing cities. The city plans to begin con- struction on a new wastewater treatment plant next year to in- crease its capacity. Gary Funtas, who does not live in Coachella, but has been asked by many of the residents to lead the effort on their behalf, said they dike what the city has to offer. "For the property owners it's the fact that they'll reap the ben- efits of the city," he said. The two parcels seeking annex- ation are south of Coachella's boundaries. er is planned for Oct. 17. Additional residents can put a strain on city services, but Coachella officials say they are ready and upgrad- ing services to take on more residents. 'We're looking to expand our sewer and water ser- vices," said Mellany Miller, the city's grants coordinator, who is overseeing the annex- ation issue. With many new home pro- jects in the works, the city is already anticipating growth. Please see ANNEX. B3 From 61 One area is south of Avenue 50 add north o ort Boulevard between a on and Van B= streets. The other area is south of =ue 54 and north of Airport Boulevard between Harrison Street and Highway III or Grapefruit Boulevard. Both areas are mostly undevel- oped but do include residential homes. If annexed, the city would take over services previously pro- vided by the county such as sewer, water, land planning, street main- tenance and law enforcement. Miller said a benefit for the city would be additional property tax- es, which means more money for the city. "As it is developed I'm sure there would be some commercial (taxes). There's all kinds of things that could be positive," she said. Bob Braitman of Braitman and Associates, a firm that specializes in governmental and jurisdiction- al relations, said after an applica- tion for annexation is submitted to the Local Agency Formation Commission, which regulates boundaries, the process can take. about four er said it could.go longer if there are snags along the way. Mayor Juan De Lars is pleased people want to become part of the city. "They feel the city of Coachella is a good city they can become a part of. They see the positive environment we created and they feel that their investment will appreciate," he said. Xochm Pena covers Coachella for The Desert Sun. She can be reached at 360-1340 or by e-mail at Xochid.Pena@thedesertsun.com COUNCIL/RDA MEETING DATE: November 4, 2003 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-462, Development Principles and Design Guidelines for Specific Plan 2002-062 and Development Plans for Site Development Permit 2002- 754, Subject to Findings and Conditions of Approval, to Allow a Commercial Shopping Center on a 10.7 Acre Site, Located at the Southwest Corner of Jefferson Street and Fred Waring Drive. Applicant: Jefferson -Waring, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002- 462; and Adopt a Resolution of the City Council approving development principles and design guidelines for Specific Plan 2002-062, subject to findings and Conditions of Approval; and Adopt a Resolution of the City Council approving development plans for Site Development Permit 2002-754, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. PH 1 J , ` BACKGROUND AND OVERVIEW: The site is vacant, approximately 10.7 acres in size, and located at the southwest corner of Jefferson Street and Fred Waring Drive (Attachment 1). At the October 14, 2003 meeting, the Planning Commission voted 5-0, to adopt Resolutions 2003-076, 2003-077 and 2003-078, recommending to the City Council certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-460, and approval of Specific Plan 2002-062 and Site Development Permit 2002-754, respectively, to allow the construction of up to t 102,402 square feet for a commercial shopping center. A copy of the October 14, 2003, Planning Commission meeting minutes are attached (Attachment 2). The Esplanade residential subdivision is located north of the site across Fred Waring Drive. The Monticello residential subdivision is located south of the site and a public park and retention basin are located immediately west of the property. East of the site, across the street, is Heritage Palms Country Club in the City of Indio. The applicant is requesting approval of a Specific Plan and Site Development Permit (Attachment 3) to construct a neighborhood commercial shopping center. While the Specific Plan will establish development principles and design guidelines for the entire commercial shopping center, the Site Development Permit before you is only to allow the construction of 89,402 square feet, including the following: Parcel 1: 50,000 square foot market Parcel 2: 9,070 square feet of retail shops Parcel 3: 18,432 square foot drug store Parcel 4: 11,900 square feet of retail shops The remaining 13,000 square feet of uses on the site (Pads A, B, and C) will be processed under separate Site Development Permits for the following: Parcel 5: 5,000 square foot restaurant Parcel 6: 5,000 square foot restaurant Parcel 7: 3,000 square foot gas station Architecture The design theme of the commercial center will be a Mediterranean style architecture including flat, hip and gable roofs with tile, varied off -set facades to break up the building massing, covered walkways and accent features such as medallions, tile, color banding, textured plaster, colored stucco finishes, fabric awnings, trellises, columns with connecting arches, and decorative wrought iron. PH 1 02 365 Building Heights Under Section 9.90.040 of the Zoning Code, building heights in the Neighborhood Commercial zone are restricted to 35 feet. Also, buildings within 150 feet of an Image Corridor, or a Major or Primary Arterial, are further restricted to a maximum of 22 feet in height. However, Section 9.090.020 allows architectural features not containing usable floor space, such as chimneys, towers, gables and spires, to extend 15 feet above the maximum structure height as part of a site development. Therefore, this site may be allowed an increased height of up to 50 feet, and 37 feet within the Image Corridor. Under the Specific Plan, the applicant proposes building heights ranging from 18 feet to 35 feet, with certain parapet features extending up to 41 feet. Although the Specific Plan establishes development principles and design guidelines, the project is still consistent with the Zoning Code. Building and Landscape Setbacks Minimum building setback requirements include 30 feet from Primary Image Corridors (Jefferson Street and Fred Waring Drive), residential and open space districts. The buildings are set back at least 230 feet from Jefferson Street, 75 feet from Fred Waring Drive, 45 feet from the residential district and 35 feet from the open space district. Minimum landscape setback requirements include 20 feet from Primary Image Corridors and 15 feet from residential and open space districts. The applicant has provided landscape areas ranging from 20 to 50 feet along Jefferson Street and Fred Waring Drive. Landscape areas along the residential district to the south are 15 feet in width. Landscape areas along the western boundary (Open Space district) range between 6 and 22 feet, averaging 14 feet in width. The Specific Plan requests a varying landscape width rather than the 15 foot minimum along the western boundary, which still allows sufficient space to accommodate landscaping within the proposed planter area. The conceptual landscape plan for the site consists of a wide variety of trees, shrubs and ground covers. The proposed landscaping will provide visual relief, compliment the buildings and provide an overall design that includes drought tolerant landscaping that is prevalent throughout the City. Access Vehicular access is provided to the site from four entrances. Two entries are on Jefferson Street and two are on Fred Waring Drive. All of the driveways have restricted access. The driveways closest to the intersection of Jefferson Street and PH 1 J L, (, Fred Waring Drive are right-in/right-out only. The driveways furthest away from the same intersection are right-in/right-out/left-in only. The Zoning Code requires undivided two-way driveways to be a minimum of 28. feet wide. Three of the entrances are proposed at 35 feet wide. The entrance to the far west along Fred Waring Drive is proposed at 40 feet to allow sufficient space for delivery trucks to enter and exit the site. All site entrances are proposed to have decorative paving to accent the project entries. The applicant proposes a drive-thru as part of the drug store. The drug store will be located on the northern side of the site. The drive-thru will be covered by a shade structure that will be integrated with the building design to match the architecture. Parking Parking requirements include one (1) parking space per 250 square feet of retail space and one (1) parking space per 100 square feet of restaurant space. Based on the total square footage proposed, the applicant is required to provide a total of 455 spaces. The applicant proposes 458 spaces. Buildings between 1,000 and 19,999 square feet are required to provide at least one loading berth and, buildings between 20,000 and 79,000 square feet are to provide at least two loading berths, each measuring 45 feet long by 12 feet wide. The loading berths for the market and drug store are located toward the rear (west elevation) of each building. The market is required to have two loading berths and the drug store is required to have at least one loading berth. The applicant has provided sufficient space to accommodate the loading berths for both uses. The loading berths for the market are sunken approximately three feet below ground level to allow easier loading and unloading of the trucks. It also reduces visual impacts of trucks from surrounding areas. The Planning Commission supported Staff's recommendation to relocate the loading berths for the market to the northwest corner of the building so as to reduce noise and lighting impacts to the residential neighborhood immediately to the south. This has been added as Condition No. 65 under the Site Development Permit for the project. Covenant The market building is proposed to be located toward the western property line. Under the California Building Code (CBC), a technical evaluation of a proposed building based upon its occupancy, number of stories, and the type of construction, gives a maximum allowable area for the building. Other Code sections provide increases to the allowable area when the building has fire sprinklers or large "yards." Many applicants make use of large "yards" in order to qualify a building PH 1 O 367 that would otherwise be larger than allowable, as is the case with the proposed market building. The CBC requires a 60 foot wide "yard" measured perpendicular from the rear of the building. Approximately 23 feet of the "yard," under the CBC, intrudes into the City's park (Attachment 4). The basic requirement in the CBC is that "yards" be on the property where the proposed building will be located. However, in the case of the market building, a portion of that "yard" intrudes onto City property. The CBC permits a yard to intrude onto adjacent property provided the adjacent property is restricted so that it does not include buildings. The applicant has been conditioned (Condition Number 64) to comply with the 60- foot yard requirement in the Unlimited Area Section (505.2) of the California Building Code, 2001 edition ("CBC"). The applicant may comply with this condition by entering into a "No Build" Covenant Agreement with the City, on terms satisfactory to the City and the City Attorney in their absolute and sole discretion, for the purpose of using a portion of the adjacent City park, known as Monticello Park, in calculating the 60-foot yard requirement. Should the City and the applicant enter into a No Build Covenant Agreement, the applicant shall compensate the City the fair market value of the restricted property. The form of such compensation (whether payment of funds, provision of improvements, or such other compensation as the City shall determine) shall be left to discretion of the City. Any agreement satisfying this condition shall be brought back to the City Council for approval prior to the applicant obtaining a building permit and failure of the City to approve such an agreement shall not relieve the applicant of its obligation to comply with the Unlimited Area Section (505.2) of the CBC. Lighting Lighting for the building facades will be compatible with the building architecture and designed to be low level lighting. The parking lot lighting poles will be equipped with a recessed lamp and a flush lens not to exceed 18 feet in height. The applicant has been conditioned (Condition No. 61) to comply with the provisions of the City's Dark Sky Ordinance so as to prevent light from projecting glare onto adjacent land uses. Grading and Drainage The site has already been mass graded during construction of the Monticello residential subdivision. Grade elevations for the site are proposed to range between 42 feet at the southeastern portion of the site to 47 feet at the northwestern portion of the site. All grading is proposed to be balanced on -site. PH 1 1 Stormwater run-off for the site is proposed to be directed to a number of catch basins throughout the site and conveyed to an underground retention system. All stormwater will be retained on -site without the use of above ground retention basins. The proposed landscape areas will catch some stormwater with a majority being directed to the retention system. Signage The signage shown on the elevations are conceptual. The applicant will be required to submit detailed plans showing the proposed signage for the site to be brought back to the Planning Commission for approval under a Planned Sign Program (Condition No. 60). In addition, the intersection of Jefferson Street and Fred Waring Drive is designated in the General Plan as a secondary gateway into the City. The applicant is not required to design and install a monument, but at a minimum, has to provide an area for future improvements. The applicant has provided the area needed. Architecture and Landscaping Review Committee (ALRC) This project was presented to the ALRC at their May 7, 2003 meeting. The Committee discussed the project and identified certain issues for consideration by the Planning Commission. These include: 1. More open spaces shall be created by the landscape architect. 2. Incorporate some decomposed granite in the planters between the vehicle overhang and the western property line. 3. Use a different type of tree that is substantial on its own for the parking lot. 4. Give more sensitivity to the western building elevation. 5. The secondary gateway sign design shall be brought back to the ALRC for review. The ALRC meeting minutes are attached for your review (Attachment 5). The applicant has addressed most of the ALRC's comments as follows: 1. The applicant provided more open spaces for pedestrian use along the front of the building. 2. No decomposed granite has been incorporated into the planters along the western property line. The applicant has removed the parking spaces and widened the landscape area. 3. The applicant proposes a Southern Live Oak tree instead of African Sumac tree for the parking lot. PH 1 06 .� 6 9 4. The western building elevation has been left as originally proposed. 5. No secondary gateway monument has been proposed. As mentioned earlier, the applicant is only required to provide an area for future improvements. Public Notice This project was advertised in the Desert Sun newspaper on October 25, 2003, and mailed to all property owners within 500-feet of the site. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Environmental Assessment, Specific Plan and Site Development Permit can be made and are contained in the attached Resolutions. 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002- 462; and Adopt a Resolution of the City Council approving development principles and design guidelines for Specific Plan 2002-062, subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving development plans for Site Development Permit 2002-754, subject to Findings and Conditions of Approval; or 2. Adopt a Resolution of the City Council denying certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-462, prepared for Specific Plan 2002-062 and Site Development Permit 2002-754; or 3. Provide staff with alternative direction. 07 12M j 7 0 Respectfully submitted, brry rerman ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. October 14, 2003, Planning Commission meeting minutes 3. Specific Plan and Site Development Permit Plans 4. Restricted Covenant Plat Map 5. May 7, 2003, Architecture & Landscape Committee meeting minutes PH 1 7f RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2002-062 AND SITE DEVELOPMENT PERMIT 2002-754. CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-462 APPLICANT: JEFFERSON-WARING, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 41h day of November, 2003 hold a duly noticed Public Hearing to consider Environmental Assessment 2002-462 to allow a ± 102,402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site, generally located at the southwest corner of Jefferson Street and Fred Waring Drive, more particularly described as follows: APN: 604-070-0031 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10th day of June, 24th day of June, 9th day of September, and the 14th day of October, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2002-462 to recommend to the City Council certification of said Environmental Assessment to allow a f 102, 402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site; and, . WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2002-462) and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of Environmental Impact should be certified and filed; 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 following findings to justify certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, as identified in Environmental Assessment 2002-462. CC RESO EA 02 4621 4, 09 37 ) I �i City Council Resolution 03- Environmental Assessment 2002-462 Jefferson -Waring, LLC November 4, 2003 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community,, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the project site has already been graded due to construction of an adjacent residential subdivision. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that the Environmental Assessment did not identify any wildlife resources on the site. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, in that the project is consistent with the long term goals of the General Plan, and is currently designated for neighborhood commercial development. The project is on the northern boundary of the City, in an area which is rapidly urbanizing, and therefore represents a logic extension of development. There is no potential for the project to achieve short term goals to the disadvantage of long term goals. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that they are developing as designated under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did identify impacts. However, with the mitigation measures imposed on the project, impacts will be reduced to less than significant levels. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to less than significant levels. CC RESO EA 02 4621 -0 73 City Council Resolution 03- Environmental Assessment 2002-462 Jefferson -Waring, LLC November 4, 2003 8. The City Council has considered Environmental Assessment 2002-462 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2002-462 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment on file in the Community Development Department and attached hereto. 3. That Environmental Assessment 2002-462 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 41h day of November, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California CC RESO EA 02 4621 City Council Resolution 03- Environmental Assessment 2002-462 Jefferson -Waring, LLC November 4, 2003 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CC RESO EA 02 4621 12 = 7 Environmental Checklist Form 1. Project Title: Specific Plan 2002-062, Site Development Permit 2002-754 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Martin Magana 760-777-7125 4. Project Location: Southwest corner of Jefferson Street and Fred Waring Drive APN: 604-070-003 5. Project Sponsor's Name and Address: Jefferson -Waring, LLC Edward Barkett 2800 W. March Lane, Suite 250 Stockton, CA 95219 6. General Plan Designation: Neighborhood 7. Zoning: Neighborhood Commercial Commercial 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project site consists of 10.7 acres at the southwestern corner of Fred Waring Drive and Jefferson Street. The proposed Specific Plan is required to establish the design standards and guidelines for a commercial development of up to 116,500 square feet on a 10.7 acre site. The site plan within the Specific Plan shows a 102,402 square foot project, consisting of seven building areas. The project will include a 50,000 square foot supermarket, an 18,500 square foot drugstore with drive -through, in -line stores associated with supermarket and drugstore, a gasoline service station at the corner of Jefferson and Fred Waring, two 5,000 square foot free-standing buildings, a 7,200 square foot freestanding building, ancillary facilities and associated parking. The Site Development Permit implements the Specific Plan, and allows the construction of the shopping center. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Fred Waring Drive, Low Density Residential development South: Low Density Residential development West: City Park, Low Density Residential development East: Vacant desert lands in the City of Indio 1 -1- 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 14 -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics .Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities [Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL EAPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are i posed upon the proposed project, nothing further is required. �o 0 Signature V Date -3- 15 J EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. f73 16 -4- 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a), b), c) Both Jefferson Street and Fred Waring Drive are designated as Primary Image Corridors in the General Plan. In addition, the intersection is designated for a Secondary Gateway Treatment. Since the location is a major entry to the City both from City streets and from the I-10 Interstate freeway, its aesthetic value is significant. The Image Corridors in the City were established to preserve aesthetics, reduce urban visual clutter, and improve the quality of life in the City. The proposed Specific Plan meets the standards for height and setbacks in Image Corridors, and impacts are therefore expected to be less than significant. The west elevation, which represents the back Of the market, drug store and in -line shops, faces a City park and residential development beyond. This side of the buildings, as the "back of house," shows no significant architectural detail or articulation to relieve the monotony and improve the aesthetic appearance of the structure from a public place. The aesthetics can be improved through architectural details which will provide some architectural interest. Without mitigation, these potential impacts could be significant. 4 17 j80 -5- In order to reduce aesthetic impacts to a less than significant level, the following mitigation measures shall be implemented: 1. The west and south elevations (per Figure 13 of the Specific Plan) shall be redesigned to add building articulation, to include at a minimum, stone veneer to the bottom of the facades, to relieve the architectural monotony of the current design. 2. The same level of architectural detail applied to the facade of each building or series of buildings shall be applied to each elevation. Particular care shall be taken with all building elevations with exposure on either Jefferson Street or Fred Waring Drive. These were approved by the Planning Commission on October 14, 2003. I. d) Lighting within the proposed project will include parking lot and security lighting. The City's standards will apply, which require that all light be contained within the property on which it is located. No spillage onto adjacent residential and park lands will be permitted. These standards will ensure that impacts associated with on -site lighting are mitigated to a less than significant level. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would the project. a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (No ag. land in proximity to project site) II. a)-c) The proposed project site is currently vacant desert lands, which has been previously graded. There are no Williamson Act contracts on the parcel. The proposed project will have no impact on agricultural resources. 18 -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) The proposed Specific Plan and Site Development Permit will not generate emissions in excess of South Coast Air Quality Management District (SCAQMD) thresholds for criteria pollutants (see below) and therefore will not obstruct implementation of applicable air quality management plans. III. b) & c) The proposed project will impact air quality from two primary sources: the generation of vehicular traffic to and from the site; and the generation of dust during the construction process. Both these potential impacts are addressed below. The proposed project will result in the generation of 2,713 trips at buildout 1. Based on this trip generation, the SCAQMD has established formulas to calculate emissions, which are shown in the Table below. "Jefferson Street/Fred Waring Drive Intersection Analysis," letter report, prepared by urban Crossroads, February 2003. 9 -7- Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Total Length (miles) miles/day 2,713 x 10 = 27,130 Pollutant ROC CO NOX PM10 PM10 PM10 Exhaust Tire Wear Brake Wear Pounds at 50 mph 5.39 140.14 28.75 - 0.60 0.60 SCAQMD Threshold 75 550 100 150 (1bsJday) Assumes 2,713 trips/day and average trip length of 10 miles. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75 F, light duty autos, catalytic. The proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution from the proposed project are not expected to be significant. The construction of the proposed project will generate dust, which could impact residents both on and off site. The Coachella Valley is a severe non -attainment area for PM10 (particulate matter of 10 microns or smaller). The site is also in a very severe wind hazard area (General Plan Exhibit 8.4), which increases the potential for the generation of PM10 as a result of grading activities at the site. The proposed project would result in the disturbance of up to 10.7 acres of land. This has the potential to generate 282.48 pounds of fugitive dust per day during the grading of the site. Since the site will be mass graded and then built in phases, potential also exists for on -going fugitive dust for unbuilt areas. The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and as an on -going issue. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities : Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands : Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust : Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance -g- The contractor will be required to submit a PM10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Fred Waring Drive and Jefferson Street shall be installed immediately upon completion of precise grading of the first phase of development. 8. All portions of the site not part of the first phase of development on the site shall be landscaped or chemically stabilized within 30 days of the termination of mass grading on the site. The project proponent shall submit a landscape or stabilization plan to the Community Development Department for review and approval prior to the issuance of any grading permit on the site. As development occurs, only that building area or pad location shall be disturbed. Phases not yet under construction shall be maintained in a stabilized or landscaped condition until constructed upon. 9.. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM10 Management Plan. III. d) & e) The proposed project will have little parking adjacent to residential dwellings. The buildings on the site will shelter the residential units from pollution being generated by automobiles. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project.. a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff.) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 73 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Master Environmental Assessment, p. 73 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or Ordinance? (Master Environmental Assessment, p. 73 ff.) 22 -10- f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) IV. a)-f) The project site has been previously and recently graded, and does not have potential as habitat for species of concern. No impacts to biological resources are expected to occur as a result of development of the project. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES — Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in Government Code Sec 15064.5 ("Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) b) Cause a substantial adverse change in X the significance.of an archaeological resource pursuant to Sec 15064.5? ("Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? "Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) V. a) - d) The project site has been previously and recently graded. No impacts to cultural or paleontologic resources are expected to occur as a result of the proposed project. 23 -11- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i)-iv) The proposed project lies in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. A geotechnical study will be required for the construction of the proposed project. The risk of liquefaction on the site is considered low. �j 24 -12- VI. b) The site is located in a very severe blowsand hazard area, and will therefore be subject to significant soil erosion from wind. The project proponent will be required to implement the mitigation measures listed under air quality, above, to guard against soil erosion due to wind. These mitigation measures will lower the potential impacts associated with wind erosion to a less than significant level. VI. c)-e) The soils on the subject property have a low expansion probability, as defined in the Uniform Building Code. The soils on the site are not expansive, and will support the development proposed by the project proponent. The soils will require over -excavation, as required in the City's standards for construction under the Uniform Building Code. These standards will ensure that the stability of the soils is mitigated. The project will be connected to sanitary sewer provided by the Coachella Valley Water District, and will not rely on septic tanks. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) 25 -13- e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip,'would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIE[. a)-h) The proposed project will include typical commercial development found in a neighborhood shopping center. The proposed gasoline service station will be required to meet regional, state and federal standards for storage of gasoline products, and will be subject to on -going jurisdiction of these outside agencies. Should any of the businesses which locate in the center wish to store or transport hazardous waste, they will be required to secure all necessary permits from the Riverside County Health Department and other agencies, as needed, to allow for such storage or transport. The standards imposed by these agencies will lower the potential impacts associated with hazardous materials to a less than significant level. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) 26 -14- b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p.111-187 ff.) c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Project Grading, Site Hydrology) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Project Grading, Site Hydrology) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Project Grading, Site Hydrology) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) 4 -15- VIII. a)- e) The proposed project will be responsible for the drainage of on and off site flows. The City Engineer requires that all project retain the 100 year storm on -site. The proposed project includes an underground retention system, to be located beneath the parking lot. The retention basin will be fed by a series of pipes. The City Engineer will review all proposed plans for the system, and approve them prior to the initiation of any construction of the site. The City Engineer will also require regular scheduled maintenance of the system to assure its proper functioning. The City Engineer will also require the use of water purifying devices, to ensure compliance with NPDES standards for the underground retention basin. These City standards will lower the potential impacts associated with on -site flood control to a less than significant level. The Coachella Valley Water District provides domestic water to the subject property. As a commercial project, the buildout of the proposed project will generate a lower need than residential projects of similar size. The proposed project will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts to groundwater. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. VIII. f) & g) The proposed project does not occur in a 100 year flood plain and does not propose residential development, and will therefore not place housing or other structures in such a flood plain. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, Specific Plan, Local Coastal Program, or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) ri 28 -16- IX. a)-c) The proposed project site is currently vacant, and designated for commercial development. The construction of the proposed project will not divide an established community. The project site is located within the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and will be required to pay fees in place at the time of building permit issuance. The applicant/developer will have to enter into a restricted covenant between the City and the applicant/developer for some means of compensation, in order to allow the building to be constructed where proposed. The covenant shall be done to the satisfaction of the City Council, at the expense of the applicant, and with no use of public funds. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The project site occurs outside the MRZ-2 Zone, and is not expected to contain mineral resources. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE - Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Project description) -17- c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Project description) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project is located at an intersection which does and will generate relatively high noise levels. Commercial development, however, is not considered a sensitive receptor, and the potential impacts at the center are expected to be less than significant. The site is, however, adjacent to existing residential land uses on its south boundary. Residential land uses are considered sensitive receptors, and noise levels must meet the City's standards for such uses. The proposed project will include buildings along the south side which will be the back of businesses. The primary potential noise impacts associated with the proposed project and adjacent residential land uses will be associated with vehicular noise. The loading and unloading of trucks at the back entrances of the shops in the Shops 1 and Shops 2 building could potentially result in temporary noise levels in excess of the City's standards. These are, however, temporary and occasional impacts, which are not expected to be sustained for long periods of time. Of particular concern would be impacts during the quieter evening and night-time hours. A short-term inconvenience and nuisance could occur without the implementation of the following mitigation measure: 1. The project proponent shall include prohibition on deliveries to Shops 1, Shops 2 and Pad C during the hours of 9 p.m. to 8 a.m. in the project CC&Rs. A copy of the CC&Rs shall be submitted to the City Attorney's office for review and approval prior to issuance of building permits. , �= 3 30 -18- XI. c) The construction of the project will generate noise from construction equipment and activities. The residential land uses occurring on the south property line will be impacted by construction noise. In order to assure that these residents are not significantly impacted by construction noise, the following mitigation measures shall be implemented: 1. Construction staging areas, and stationary equipment such as generators and service areas, shall be located in the northern half of the site. 2. The construction hours stipulated in the City's noise ordinance shall be strictly adhered to. XI. b), d) & e) The project land uses are not expected to generate groundborne vibrations. The project site is not within the vicinity of an airport or airstrip. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING n Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The site is currently vacant, and will not displace existing housing or people. Although the project will create some jobs, the number is not expected to be significant, and will be absorbed in the normal growth of the community and surrounding communities. No impacts to population and housing are expected to occur as a result of the proposed project. -19- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property and sales tax which will offset the costs of added police and fire services. The proposed project will be required to pay the state -mandated school fees to mitigate potential impacts to schools. To offset the potential impacts on City traffic systems, the project will be required to participate in the City's Impact Fee Program. Site development is not expected to have a significant impact on municipal services or facilities. 0-1 32 -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The proposed project will result in the construction of commercial retail buildings, which will not impact recreational facilities in the City. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) -21- 3 d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) e) Result in inadequate emergency X access? (Project description) f) Result in inadequate parking capacity? X (Project description) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-b) The proposed project will generate 2,713 trips per day. The City has approved a General Plan Amendment which redesignates Fred Waring to a major arterial from Washington to Jefferson, to bring it into conformance with the Regional Arterial Program. These include the construction of three through lanes, dual left turn lanes and a dedicated right turn lane on Fred Waring. These improvements will assure that the intersection operates at an acceptable level of service. XV. c)-g) The project will not impact air patterns. The proposed project design currently exceeds City standards for parking, and does not include unsafe design features. The site plan provides for emergency access points. Alternative transportation in the form of bus stops will be implemented throughout the area based on General Plan policies and programs. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) 34 <<� 9 • -22- c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The project developer will be required to pay connection and service fees for each of the utilities, which are designed to incorporate future needs and facilities. These fees will eliminate the potential impacts associated with utilities at the site. r� 8 -23- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site has been previously graded, and does not contain potential habitat for fish or wildlife. The construction of the proposed project will not degrade the quality of habitat in the area. Nor will the project have any impact on cultural resources. XVII. b) The project is consistent with the long term goals of the General Plan, and is currently designated for neighborhood commercial development. The project is on the northern boundary of the City, in an area which is rapidly urbanizing, and therefore represents a logic extension of development. There is no potential for the project to achieve short term goals to the disadvantage of long term goals. 36 -24- XVII. c) The impacts associated with the project are not cumulatively considerable. The project is consistent with that analysed in the General Plan EIR. Buildout of the General Plan in this area was found to be less than significant, with mitigation. The mitigation measures imposed with adoption of the General Plan, combined with those imposed on this project, will reduce potential impacts to a less than significant level. XVII. d) The project has identified impacts associated with aesthetics, noise and air quality, which all affect human beings. However, a number of mitigation measures are proposed which reduce the potential impacts to a less than significant level. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. None b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 37 400 -25- w b 0 ti 4-r 0 N O 0O N M gU.�rr• �A > 0 z .. ao � ap U � A U W � go v � a N N S �p N U I. M QN N a .. U4-� A N ..z F� au Ono Ono a A U W d tzm E+ A Uv O O b �rA 4-4 4-4 `�' 4.4 0 O U ��+ V V Z F .,.r O ... O .� .�Cd V ao ao O oA O4-0 �O ,a Cd 00 00 ° ° o0 a A A A > �A A U U U O 04 zo Cd 3 N b O N o � • w � ►n0 O U� �" 38 a a a L% a a �� 00 a A � �rA w a v�.5 A H� v�.� Ug �Nc.�>��.� o �� •o ° 00 ' U bq bA G4 � b4 y ++ w OA Gq oA oA CIS H V to •N� N a o a a GCI a 0 a' A .� a 0 a >,.0 b b b b b b �.o � b 1� 04 GQ GQ GQ U GQ GA U U A b 00 A. o CC A N oA ti N ow y 'd bA > U 0 N 'd . a 4* ° '�b d w ° o .. bd o b • U C/) ,�, A .'4 F..� C ,� o �,, C� .b i w � y o aco .� a •� 04 IN 0.4 6 U cd F 39 C O N U o w A o � o a� ¢, A �d a � UA a� 0 O O ' • . 2 .-4 4 a� .t, I�'? 40 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062, TO ALLOW A t 102, 402 SQUARE FOOT NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON A 10.7 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET. CASE NO.: SPECIFIC PLAN 2002-062 APPLICANT: JEFFERSON-WARING, LCC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4" day of November, 2003, hold a duly noticed Public Hearing to consider Specific Plan 2002-062, to approve development principles and design guidelines to allow a t 102,402 square foot Neighborhood Commercial Shopping Center on a 10.17 acre site, generally located at the southwest corner of Fred Waring Drive and Jefferson Street, more particularly described as follows: APNs: 604-070-003. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10" day of June, 24" day of June, 9t' day of September, and the 14th day of October, 2003, hold a duly noticed Public Hearing to consider Specific Plan 2002-062, to recommend to the City Council approval of development principles and design guidelines to allow a t 102,402 square foot Neighborhood Commercial Shopping Center on a 10.17 acre site; and, WHEREAS, said Specific Plan application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2002-462), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of Environmental Impact should be certified and filed; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Specific Plan: CC RESO SP 2002-062 41. City Council Resolution 2003- Specific Plan 2002-062 Jefferson -Waring, LLC November 4, 2003 1. Consistency with the General Plan: The proposed Specific Plan is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is consistent with the intent of the Neighborhood Commercial (NC) Land Use designation. 2. Public Welfare: Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that the proposed project complies with the development standards, as conditioned in the Specific Plan for the project. 3. Land Use Compatibility: The proposed project is compatible in terms of land uses, in that it is consistent with the type of development allowed -under the Neighborhood Commercial Land Use designation under the City's General Plan. 4. Property Suitability: The Specific Plan, as proposed, is suitable and appropriate for the subject property in that it establishes development and design guidelines that are consistent with the standards of the Neighborhood Commercial Land Use designation under the City's General Plan and Zoning Map, and is consistent with the goals, objectives and policies of the City's General Plan. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Specific Plan; 2. That it does hereby approve Specific Plan 2002-062 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4tn day of November, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 4 � k; City Council Resolution 03- Specific Plan 2002-062 Jefferson -Waring, LLC November 4, 2003 DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CC RESO SP 2002-062 43 CITY COUNCIL RESOLUTION 2003- SPECIFIC PLAN 2002-062 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 4, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Parcel Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The conditions of approval for this Specific Plan (SP 2002-062) are binding with the conditions of approval of Site Development Permit (SDP 2002-754) for the same project. 3. All public agency letters received for this case are made part of the case file documents for plan checking processes. 4. Approval of this Specific Plan is subject to compliance with Section 9.240.010 of the Zoning Code, as applicable. 5. Development of this site shall be in conformance with the Exhibits approved and contained in the files for Site Development Permit 2002 -754 and Specific Plan 2002-062. 44 CC SP 2002-062 COA RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS TO ALLOW A f 102,402 NEIGHBORHOOD COMMERMAL SHOPPING CENTER ON A 10.7 ACRE SITE. CASE NO.: SITE DEVELOPMENT PERMIT 2002-754 APPLICANT: JEFFERSON-WARING, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4" day of November, 2003, hold a duly noticed Public Hearing to consider Site Development Permit 2002-754 to approve a t 102,402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site, generally located at the southwest corner of Jefferson Street and Fred Waring Drive, more particularly described as follows: APN: 604-070-003, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10" day of June, 24" day of June, 9" day of September, and the 14' day of October, 2003, hold a duly noticed Public Hearing to consider a Site Development Permit 2002-754 to recommend to the City Council approval of development plans for a t 102,402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site; and, WHEREAS, said Site Development Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2002-462), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of Environmental Impact should be certified and filed; and! WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to justify approval of said Site Development Permit: 1. Consistency with the General the goals and policies of the shopping centers are allowed designation. CC RESO SDP 02-754 Plan: The proposed project is consistent with General Plan in that neighborhood commercial under the Neighborhood Commercial Land Use 45 City Council Resolution 2003- Site Development Permit 2002-753 Jefferson -Waring, LLC November 4, 2003 2. Consistency with the Zoning Code: The proposed project is consistent with the Zoning Code in that neighborhood commercial shopping centers are allowed under the Neighborhood Commercial Zoning designation in which the property is located. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is in compliance with the requirements of CEQA, in that Environmental Assessment 2002-462 was prepared for this project, and while the project may have a significant impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. 4. Architectural Design: As conditioned, the architectural design of the proposed buildings, including but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City in that, the buildings provide architectural variation in terms of varied roof heights and design elements consistent with other commercial developments in the City. 5. Site Design: As conditioned, the site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, and appearance, will not impact the surrounding developments, and are generally consistent with the design and quality of development prevalent in the City. 6. Landscape Design: The landscaping plan for the proposed project, including but not limited to, the location, type, size, and coverage of plant materials, has been designed to provide visual relief, complement the buildings, screen undesirable views and provide an unifying influence to enhance the visual appearance of the project. The proposed landscaping is compatible with the surrounding area in that the variety of trees, shrubs and ground covers provide an aesthetically pleasing drought tolerant landscape theme that is prevalent throughout out the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Site Development Permit; M CC RESO SDP 02-754 City Council Resolution 2003- Site Development Permit 2002-753 Jefferson -Waring, LLC November 4, 2003 2. That it does hereby approve Site Development Permit 2002-754 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 41h day of November, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 47 �;l 0 CC RESO SDP 02-754 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 NOVEMBER 4, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Parcel Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The applicant shall submit an application for a parcel map to subdivide the property as conceptually shown in the Specific Plan. Said Parcel Map will require a public hearing by the Community Development Director at a future date and time. Any Parcel Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include 1 ' 48 City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1. Temporary Soil Stabilization (erosion control). 2. Temporary Sediment Control. 3. Wind Erosion Control. 4. Tracking Control. 5. Non -Storm Water Management. 6. Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or off -site grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 5. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Parcel Map all public street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Jefferson Street (Major Arterial, 120' ROW) — 60-foot from the centerline of Jefferson Street, for a total 120-foot ultimate developed right of way. 2. Fred Waring Drive (Major Arterial, 120' ROW) — 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way; additional 5 foot dedication will be required measured from the existing 55 foot right of way along Fred Waring Drive. Additional right of way dedication is required as needed at the Jefferson Street intersection to accommodate 200-foot long dual left turn lanes (10 feet each, 20 feet total), three through eastbound lanes (eleven feet each, 33 feet total), a 4-foot bike lane and a deceleration/right turn only lane (11 feet). The additional right of way dedication shall be 9 feet wide and 100 feet long, plus a variable width dedication of an additional 50 feet to accommodate the curb transition. 50 3 CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 9. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Parcel Map are necessary prior to approval of the Parcel Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 10. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Jefferson Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. The applicant shall supplement the landscaped set back as needed to reflect the new right of way configuration. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Parcel Map. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Parcel Map. 12. Direct vehicular access to Jefferson Street and Fred Waring Drive from any portion of the site from frontage along Jefferson Street and Fred Waring Drive are restricted, except for those access points identified on the circulation plan of the approved Specific Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded parcel map. 13. The applicant shall furnish proof of appropriate, from those owners of all retaining wall construction, permanen occur. easements, or written permission, as abutting properties on which grading, t slopes, or other encroachments will CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 14. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, which will diminish the access rights to any properties owned by others, the applicant shall provide an alternate right-of- way or access easement, to those properties, or notarized letters of consent from the affected property owners. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Parcel Map, unless such easement is approved by the City Engineer. PARCEL MAPS 16. Prior to the City's approval of a Parcel Map, the applicant shall furnish accurate AutoCAD files of the Parcel Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Parcel Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Parcel Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. Plans shall be submitted on 24" x 36" media in the following categories. 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. 52 CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 Off -Site Street Plan: 1 if = 40' Horizontal The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. Perimeter Landscape Plan: lit = 20' Horizontal On -Site Rough Grading/Drainage Plan: lit = 40' Horizontal Site Development Plan: 1 " = 30' Horizontal Signing and Striping Plan: in = 40' Horizontal 18. "Site Development Plans" shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Site Development Plans" shall normally include all surface improvements, including but not limited to: parking layout, finish grades, curbs & gutters, ADA requirements, retaining and perimeter walls, etc. "Street & Drainage Plans" shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. Off -Site Street and Signing and 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. Plans for improvements not listed above shall be in formats approved by the City Engineer. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City Resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of 53 416 CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENTS 20. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the applicant may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 21. The applicant shall construct improvements, install survey monumentation, and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. 22. If improvements and/or monumentation installation are secured, the applicant shall provide estimates of improvement and monumentation installation costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from 54� CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 23. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 25. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot), which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 26. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and 5 5 VI& CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Parcel Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 27. 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. 28. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 30. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 Each pad certification shall list the pad elevation as shown on the approved Site Development Plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 31. 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. 32. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water. (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 33. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. A. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. Particularly, the applicant shall coordinate the drainage design with the City sponsored improvement project on Jefferson Street for applicable curb and gutter grades and catch basin requirements. The design storm shall be either the 3 hour, 6 hour, or 24 hour event producing the greatest total run off. The design and construction of the underground retention system for the project shall be approved by the City Engineer in the improvement plan review process prior to the issuance of any building permits. The approved design shall incorporate mechanisms for perpetual maintenance and operation of the system by the applicant or his successors. 4'c o CC SDP 02-754 COA 57 City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 UTILITIES 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 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. 35. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 36. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 37. 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. 38. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. OFF -SITE STREETS 1. Jefferson Street -([Major Arterial; 120' R/W) — Jefferson Street is scheduled to be improved as part of a City sponsored improvement project. The applicant shall pay a cash fee to the City for the outside CC SDP 02-754 COA 58 City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 20 feet of improvements, including the curb and gutter. In addition to the cash fee, the applicant shall construct the following: 8-foot wide meandering sidewalk from intersection at Fred Waring Drive southerly to the south boundary of the property to match existing improvements. 2. Fred Waring Drive -(Major Arterial; 120' R/W) — Widen the south side of the street along the project boundary to comply with the,amended General Plan and requirements of these conditions listed below. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends, and signs, except for street lights. Other significant new improvements required for installation in, or adjacent, to the subject right of way include: Construct 72-foot roadway improvements (4-foot median nose, travel width to include two 10-foot left turn lanes, three 1 1-foot eastbound through lanes, 4-foot bike lane and 1 1-foot deceleration/right turn only lane, excluding curbs). The applicant is advised of conditions of approval for Tentative Tract Map No. 29323 as amended. Construct an 8-foot meandering sidewalk along the project frontage. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curbline that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Construct 14-foot wide raised landscape median, plus variable width median transition as needed to accommodate the dual left turn lane mentioned above. Modify the Traffic signal at Fred Waring Drive and Jefferson Street. Construct necessary modifications to accommodate the improved roadway section. 4 CC SDP 02-754 COA `'' ' 59 , City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 (The pavement/restoration improvement work located beyond 20 feet from the outer curb face (i.e. in the arterial core) is eligible for reimbursement from the City's Development Impact fee fund in accordance with policies established for that program). 39. The applicant shall design street pavement sections using CalTranIs design procedures 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 (or approved equivalents of alternate material) : Major Arterial 5.5" a.c./6.50" c.a.b. 40. 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. 41. General access points and turning movements of traffic are limited to the following: A. Jefferson Street - Primary Entry (southerly portion of site): Left turn in, right turn in, right turn out. Left turn movements out are prohibited. The applicant shall design the median island on the Entry Street to direct traffic to the right to facilitate a right turn only movement. Appropriate signing and striping shall be provided. The design of the median island and associated signing and striping shall be subject to the review and approval of the City Engineer. If the previously mentioned Jefferson Street Improvements project is not constructed, the applicant shall design and construct a t temporary median to facilitate the left turning, only, turning movement to the satisfaction of the City Engineer. Associated signing/striping is subject to the review and approval by the City Engineer. - Secondary Entry (northerly portion of site): Right turn in, right turn out. Left, turn movements in and out are prohibited. The median island on the 44. k� CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 Entry Street shall be designed to direct traffic to the right to facilitate right turn only movement. B. Fred Waring Drive — Primary Entry (westerly portion of site): Left turn in, right turn in, right turn out. Left turn movements out are prohibited. The applicant shall design and construct the Fred Waring Drive median to facilitate the left turn in, only, turning movement to the satisfaction of the City Engineer. The median island on the Entry Street shall be designed to direct traffic to the right to facilitate a right turn only movement. Appropriate signing and striping shall be provided. The design of the median island and associated signing and striping shall be subject to the review and approval of the City Engineer. - Secondary Entry (easterly portion of site): Right turn in, right turn out. Left turn movements in and out are prohibited. The median island on the Entry Street shall be designed to direct traffic to the right to facilitate right turn only movement. 42. 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. 43. 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. 44. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements. CONSTRUCTION 45. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 LANDSCAPING 46. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 47. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 48. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 49. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 50. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 52. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 62{, CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 53. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 54. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 55. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 56. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 57. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 58. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). 59. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. 10 63 CC SDP 02-754 COA City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 MISCELLANEOUS 60. The applicant shall submit detailed plans showing the proposed signage for the site to be brought back to the Planning Commission for approval under a Planned Sign Program. In addition, the applicant shall provide an area at the southwest corner of Jefferson Street and Fred Waring Drive for future improvements associated with a secondary gateway sign into the City. 61. The applicant shall be required to comply with the provisions of the City's Dark Sky Ordinance. Lighting for the building facades shall be low-level lighting and be compatible with the building architecture. Parking lot light standards shall be equipped with a recessed lamp, a flush lens, and shall not to exceed eighteen (18) feet in height. Said standards shall be shielded so as to prevent light from spilling onto adjacent land uses. 62. The applicant shall comply with all Riverside County Fire Department requirements. 63. The applicant will be required to pay a school mitigation fee at the time a building permit is issued. 64. The applicant shall comply with the 60-foot yard requirement in the Unlimited Area Section (505.2) of the California Building Code, 2001 edition ("CBC"). The applicant may comply with this condition by entering into a "No Build" Covenant Agreement with the City, on terms satisfactory to the City and the City Attorney in their absolute and sole discretion, for the purpose of using a portion of the adjacent City park known as Monticello Park in calculating the 60-foot yard requirement. Should the City and the applicant enter into a No Build Covenant Agreement, the applicant shall compensate the City the fair market value of the restricted property. The form of such compensation (whether payment of funds, provision of improvements, or such other compensation as the City shall determine) shall be left to discretion of the City. Any agreement satisfying this condition shall be brought back to the City Council for approval prior to the applicant obtaining a building permit and failure of the City to approve such an agreement shall not relieve the applicant of its obligation to comply with the Unlimited Area Section (505.2) of the CBC. 65. The truck loading docks shall be moved to the north side of the market to minimize impacts to the residential uses south of the site. CC SDP 02-754 COA Mr?;17 City Council Resolution 2003- Conditions of Approval - Recommended Site Development Permit 2002-754 November 4, 2003 66. The applicant shall work Staff to improve the design of the west and south elevations. At a minimum, stone veneer shall be added to the bottom of the facade on the south and west elevations. 67. The applicant shall be required to submit Site Development Permits for the development of the remainder pads (Pads A, B, and C) prior to the issuance of building permits for those pads. 68. The applicant shall submit a copy of the CC&Rs to the City Attorney's office for review and approval prior to issuance of building permits. 69. Deliveries to Shops 1 & 2 and Pad C shall be prohibited between 9 p.m. and 8 a.m. 6 713 CC SDP 02-754 COA ATTACHMENT #1 % 33 io iL4 Tom: 6G :19 ATTACHMENT M2 Planning Commission Minutes Octoberl4, 2003 III. CONFIRMATION OF THE AGENDA: Confirmed. W. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of September 23, 2003. Commissioner Tyler asked that Page , under Correspondence and Written Items be corrected to read, r. Wells Marvin spoke to the Commission regarding the Zoning C e in regard to overhangs and covered walkways. The way the Co is written now, the way you do a covered walkway, the Building an afety Department charges you a permit as if it were an interior ace. Therefore, the permit cost is higher than it would be if it were trellis. This contributes to bad architecture; people designing build' gs that are two feet deep archways to mimic an old archway/wal ay. As they designed real archways, they were required to pay e a on their permits as if this was an interior space. They, in turn are t able to charge a tenant for this space, yet it cost them to build it. his process unnecessarily penalizes people who are trying to do aut ntic architecture. Staff explained this was an issue for the Building d Safety Department." There being no further corrections, it was oved and seconded by Commissioners Daniels/Tyler to approve a minutes as amended with Commissioner Abels abstaining. Unani ously approved. 2. Department Report: P( one. Chairman Kirk asked the status of the process to retain a. design ideline consultant for the commercial zones. Staff stated they ha spoken to the City Manager's office and it was anticipated a c sultant would be hired by the end of the year. V. PUBLIC HEARINGS': A. Continu - Site Development Permit 2003-777; a request of St. Francis of Assi i for consideration of a request to allow the demolition of the existi structure and construction of a 3,012 square foot Youth Center and r lated improvements on a .027 acre site located at 46-895 Highland Pal s. Chairman Kirk noted this item had been withdrawn and no action was needed. B. Environmental Assessment 2002-462, Specific Plan 2002-062, and Site '" Development Permit 2002-754; a request of Edward Barkett/Jefferson- Waring, LLC, for Certification of a Mitigated Negative Declaration of environmental impact; review of development principles and design' -� guidelines for a commercial shopping center; and review of development 6 G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 2 Planning Commission Minutes October14, 2003 plans for a 50,000 square foot market, 18,432 square foot drug and retail store, 20,970 square feet of retail shops, 10,000 square foot restaurant uses, and a 3,000 square foot gas station, to be located at the southwest corner of Jefferson Street and Fred Waring Drive. 1. Chairman Kirk opened the public hearing and asked for. the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if the "no build zone" was a new requirement. Staff stated no. It is a requirement of the Uniform Building Code as a fire buffer for any building over 50,000 square feet. Commissioner Quill explained this was an issue regarding building materials. Staff confirmed. The request is to restrict the use of a portion of the property to the west which belongs to the City to prevent the City from constructing any buildings in this location in order to maintain the buffer. The applicant is therefore requesting a covenant, or some type of document, be recorded whereby compensation will be made to the City. 3. Commissioner Daniels asked staff to explain where the building had been previously located on the site plan. Staff indicated the location changes on the site plan. 4. Commissioner Tyler asked staff to indicate where the 150-foot line from Fred Waring was located. Staff indicated where it would fall on the site plan. Commissioner Tyler asked if the applicant had any objections to moving the loading docks. Staff stated they would let the applicant address this question. Commissioner Tyler asked that the deliveries for the market be restricted as well. Staff noted the Specific Plan did not list any time restrictions for the market. Commissioner Tyler asked that they be added. He also asked if the 92KV power lines could be undergrounded. Assistant City Engineer Steve Speer stated Imperial Irrigation District will not accept them to be undergrounded as they are not equipped to handle them. The City Council has made a determination that if the 92KV poles stay up, anything hanging on them could remain. 5. Chairman Kirk asked staff to explain the underground retention facility. Assistant City Engineer Steve Speer stated the City is not opposed to undergrounding retention basins, but does have some 68 concern about how to keep it from silting. Chairman Kirk asked G:\WPDOCS\PC Minutes\ 10- 1 4-03WD.doc 3 Planning Commission Minutes October14, 2003 staff to explain what uses were included in this site development permit. Staff explained it included the drug store, market and retail shops. It does not include the restaurants and gas station. 6. Commissioner Tyler asked about the circulation for the gas station. Staff explained a throat was required to allow better access to the gas station from of Jefferson Street. Commissioner Tyler stated his concern was a vehicle entering from Fred Waring Drive and traveling through the parking lot to get to the gas station. 7. Chairman Kirk asked if the access from Fred Waring Drive was as close to the intersection as it could be, or could it be closer. Assistant City Engineer Steve Speer explained it has to be 250 feet. back from the intersection. To move it would take it out of alignment with the rest of the center. A repeat customer will find the quickest way in and out of the center to the different uses. 8. Commissioner Tyler asked what portion of the paving of Jefferson Street was the responsibility of this applicant. Staff stated they will pay a cash fee for the outside 20 feet, and they will construct the sidewalk, and perimeter landscaping. They will make no improvements to Jefferson Street except for their connection. Jefferson Street will be improved under the Phase II plans for the Jefferson Street improvements. 9. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Keith Gregori, Dudek Associates, engineers for the project, stated the underground retention basin is an approved and better retention basin than previously used and gave an explanation. The Public Works Department is conditioning them to add filters to handle any unwanted debris. There are a series of manholes for maintenance. In regard to the loading dock, it was originally facing further north and became a visual issue for Fred Waring Drive and therefore, moved further south. It could be moved back toward the north so as not to conflict with the truck traffic. The truck traffic would enter off the most westerly drive from Fred Waring Drive and exit the same way. The proposed landscaping plans were approved by the Architecture and Landscaping Review Committee (ALRC) requests. In terms of the delivery times, staff has placed them in the staff report. All on - site power lines will be undergrounded. The on -site gas station circulation is primarily off of Jefferson Street. Landscape islands should prevent vehicles from crossing through the parking lot. 432 14 G:\WPDOCS\PC Minutes\ 10-1 4-03WD.doc 4 Planning Commission Minutes Octoberl4, 2003 10. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked about the additional landscaping requested by the ALRC. Mr. Gregori stated that to the west, the City park is typically five feet above this site and then there is an eight foot wall, so the rear of the building is somewhat obscured. 11. Commissioner Quill stated he finds the elevation to the west a greater concern as there is a park next door. 12. Mr. Edward Barkett, owner of the property, stated they have been working with staff to address their issues. It is their impression that with the landscaping and wall, the rear elevation is fine as designed. Their biggest concern is a limitation on the delivery hours for the market. If they were placed on the project it would be a detriment to the market operations. 13. Commissioner Daniels asked if there was any objection to moving the trash enclosure. Mr. Barkett stated that as long as the trucks are able to make that turn, they have no objection. 14. Commissioner Quill asked about the rock wainscott on the base of the building. Mr. Wasero, architect for the project, stated the idea is to create a stone veneer to break up the stucco. 15. Commissioner Daniels questioned the truck circulation in regard to the loading dock. Also the location of the trash compactor. Mr. Gregori explained with the buildings being moved further south, there was not enough room to turn the trucks around. 16. Chairman Kirk asked if there was any other public comment; there being none, the public hearing was closed and open for Commission discussion. 17. Commissioner Tyler asked about the secondary City gateway sign. Staff explained the General Plan does not give any specifications for the sign and the applicant is only required to provide the land and maintain the landscaping until the City installs the sign. Commissioner Tyler asked if accessways could be provided for the residential properties to the west. G:\WPDOCS\PC Minutes\10-14-03WD.doc 5 Planning Commission Minutes Octoberl4, 2003 18. Commissioner Daniels stated he would be concerned with truck loading area. He would want to minimize the impact of the southwest corner of the site to move the activity out of this area and more to the north end. This would eliminate the need for any restriction on delivery times. 19. Commissioner Quill stated he has a concern with the south and West elevation, the loading dock and requiring the lighting to be hooded so not to flood the backyards of the adjoining properties. He agrees pedestrian access on the southwest portion of `the site would be a good idea if it could be worked out. 20. Chairman Kirk asked if there was a need to reach a legal agreement between the City and the applicant on a covenant/easement. Assistant City Attorney Michael Houston stated yes. That before recommending approval to the City Council consideration should be given to the constitutional prohibition against the use of public sources and public funds for private purpose without compensation. An easement, or other interest in a public park, would be included in that. So should the Commission be disposed to go along with this type of scenario, it should be noted that some sort of compensation or other meaningful exchange is necessary to comply with the constitutional restrictions on local government actions and should be documented in a particular type of document sufficient to the City Council. He would recommend a restrictive covenant which would prohibit the use of the property for a particular purpose, meaning that it should be kept open so the developer cannot claim enforcement rights., to the detriment of the City. Chairman Kirk suggested that instead of seeking a financial payment, ask the applicant to fund an extension of the pedestrian access through the wall to the site. Assistant City Attorney Michael Houston stated yes, as long as it is crafted correctly. The key is that the area of the park that is restricted for the benefit of the developer. is not done for free, but some type of compensation is made. Discussion followed. 21. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-076, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-462, as submitted. G:\WPDOCS\PC Minutes\10-14-03WD.doc 6 Planning Commission Minutes October14, 2003 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 22. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-077, recommending approval of Specific Plan 2003-062, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 23. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-078, recommending approval of Site Development Permit 2003-754, as amended: a. Condition added: A covenant shall be entered into between the City and the developer for some means of compensation whether financial or by means of providing an. access from the park to the Center in the southern portion, and landscape design shall accommodate this access provided as well between Buildings 1 and 2. This shall be done to the satisfaction of the City Council with no use of public funds. b. Condition added: The truck access shall be moved to the north and minimize any truck traffic to southwest corner of the site. C. Condition added: Stone veneer shall be added to the bottom of the facade on the south and west elevations. d. Condition added: The applicant shall work with staff to improve the design and south and west elevations. e. Condition added: Hooded lighting or some other form- of reducing light glare shall be considered on the south end of the site to prevent any glare to the homeowners to the south. ROLL CALL: AYES: Commissioners Abels., Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Kirk asked the Assistant City Attorney if ed a decision regarding the request to place an i e agency as an urgency item. 4%,-) Assistant City Attorne a Houston explained there were two exceptions whereby a . could be placed on the agenda and based on those exceptions 7 GAWPOOCS\PC Minutes\ 10- 1 4-03WD.doc 7 ATTACHMENTi4 FRED WARING DRIVE Palm Desert Office: . 75— 1 50 Sheryl Avenue, Suite C PalDeCA 9 & A S S O C I A T E S1 Tel. 760 341'. 660 2211 Profess%nai Teams for Comples Projects Fax 760.346.611 8 NO-BUILD EASEMENT PLAT FOR THE BENEFIT OF JEFFERSON SQUARE SPECIFIC PLAN COMMERCIAL SITE 7 34, SCALE 1 "=120 AUGUST, 2003 ATTACHMENT #5 & Landsca a Review Comrn�ttee Minut ,4rclutectural p FILE Copy May 7, 2003 Lopez stated o y at the entry around the date palms tre for vertical color. a stated they were considering planting s ubs in front of the all. Committee Member Bobbitt asked st f to pay attention what type of material is used on the wal as most of the plan are low and design i I be important. The all will need feal pe of architectural st le. Mr. Lopez state hey have been at the existing w to the north. It i stuccoed with a nd they are looki at options such a aking a transition ilaster. 4. Committee Membe Cunningham state hey should submit three concepts for revi w. Mr. Lopez/shoed an example of one they are considerin Slumpstone isaterial they prefer and he showed exa pies of wall mthey were considering. Committee embers commentehe examples. 5. Co/thueeze ee Member Thorns sked that it be a light colored all wijoints, a sq re double detailed cap with atural cejoints, laid up a soldier coarse with a ifferent contary contrast' g color. 6. here being no furth f discussion, it was moved a seconded by Committee Membe Cunningham/Bobbitt to ado t Minute Motion 2003-01, approv' g the preliminary perimeter andscaping plans for Tentative Tr ct Map 30521, as amende a. VoldieEr ete mow strip shall be pr ided; b. ter wall be a light color d slum/proved ll, w' et joints, light, a square ouble detid p in course with differ t complimasting C. andscape architect to p' k the field pald. Landscape architect all submit agradingwalkway layout path t be reviewed and by staffprior to the civil engi eer drawings bein. nanimously approved. B. Site Development Permit 2003-754; a request of Ross Canon/Marinita Development Company for review, of architectural and landscaping plans for a shopping center located at the southwest corner of Jefferson Street and Fred Waring Drive. 7 4' G:\WPDOCS\ARLCl5-7-03.wpd 3 Architectural & Landscape Review Committee Minutes May 7, 2003 1. Associate Planner Martin Magana gave a report on the request and introduced the project's representative, Mr. Ross Canon,. applicant, Mr. John Berg, engineer, and Mr. Charlie Trokage, architect for the project, gave a presentation on the project. 2. Committee Member Cunningham asked what was happening west of the project. Mr. Canon explained it was open space with a park, well site, and retention basin. 3. Committee Member Thoms asked for a definition of the truss look on the top. Mr. Canon stated it was a treatment given to the top of the building to break them up. It will be a scoring in the stucco for a shadow effect. Committee Member Thoms stated he likes the architecture and it has a good color selection. His objection is that all shopping centers are a function of the neighborhood and look the same. The design is dictated by major tenants which do not normally lend much to architecture. This, however does have good architecture in breaking up the mass of the buildings. He just does not see the creativity in the site plan. It seems the architect shows little imagination. It would be nice to have something different. Mr. Canon stated the site design is dictated by the major tenant. Committee Member Thoms stated they should not be governed by the tenants requirements. Mr. Canon stated they chose to use a landscape architect to break up some of the parking lot. Committee Member Thoms stated he believes the landscape architect should take the niche areas and create more people spaces. Mr. Canon noted the area they had provided for pedestrian use. Committee Member Thoms noted this is only one space and there should be more of these in the Center. 4. Committee Member Cunningham stated the buildings are architecturally alive and have enough articulation to make it look more like a village center. He agrees with Committee Member Thoms in regard to the pedestrian collector area. His objection is the rear elevation. Mr. Canon stated they are intending to plant trees to screen it from the west. 5. Staff stated that the General Plan designates a secondary gateway for the City at the southwest corner of Jefferson Street and Miles Avenue. Committee Members asked who would be responsible for reviewing the design. Staff stated it is yet to be determined. Committee Members asked that the design of the City gateway 4 � sign come to this Committee for review. '7 5 "� G:\WPDOCSWRLC\5-7-03.wpd 4 Architectural & Landscape Review Committee Minutes May 7, 2003 6. Committee Member Bobbitt stated he too is concerned with the rear elevation. He appreciates that no plantings are next to the building. Commercial developments typically have too many plant beds where pedestrians will walk through them and they become unattractive. It appears Brachy cyiton (Bottle Tree) are to be used and they are a messy, hearty tree and in this location it might work. The Rhus Lancea is a supple tree that will require double staking and it is in a narrow area and they ideally need an area that is 8 X 8. There needs to be some type of plantings/trees that will stand up by themselves. The Sumac would be an excellent example. The growth habits need to be considered when determining what to use where. Discussion followed. 7. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2003-017 approving Site Development Permit 2003-754, as amended: 1. More people spaces shall be created by the landscape architect. 2. Incorporate some decomposed granite in the planters between the car overhang and the western property line. 3. A different type of tree that is substantial on its own to be used in the parking lot. 4. The Secondary Gateway sign design at the northeast corner of the site shall come back to the ALRC for review. 5. More sensitivity given to the rear elevation with planting. Unanimously approved. C. Site Development fit 2003-764; a request of Paul Ehline/Medallist Developmen c. for review of landscaping pl for four prototype units at A West Norman Estates located 1-480 Madison Str Associate Planner Martin gana gave an overvie f the project and introduced, M rank Scole and Pa hline, landscape architect and eloper for the projec espectively, who were available nswer questions on t project. 2. mittee Member Thoms ated he likes the models but it needs �abetter roof treatment ch as the better "S" tile. 4 76 G:\WPDOCS\ARL05-7-03.wpd 5