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2007 07 03 CCe4 44 49kro, City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calls Tampico La Quinta, California 92253 Regular Meeting TUESDAY, JULY 3, 2007 — 3:00 P.M. Beginning Resolution No. 2007-056 Ordinance No. 441 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND BRET PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — MEET AND CONFER PROCESS. 2. CONFERENCE WITH THE CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION — SAVE OUR LA QUINTA NEIGHBORHOOD V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC066377, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). *, City Council Agenda 1 July 3, 2007 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM BOB HARGREAVES, DATED JUNE 18, 2007, REGARDING SUPPORT FOR THE FAMILY YMCA "BUILDING OUR VALLEY'S FUTURE CAMPAIGN." APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF JUNE 19, 2007 2. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 21, 2007 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 JULY 3, 2007. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM E. HOWARD LONG TO THE LA QUINTA FITNESS CENTER. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO ATTEND THE 2007 LOCAL AGENCY INVESTMENT FUND (LAIF) CONFERENCE OCTOBER 11-12, 2007, IN SACRAMENTO, CALIFORNIA. .N- O City Council Agenda 2 July 3, 2007 4. ACCEPTANCE OF PERIMETER OFF -SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 29351, LA QUINTA CORPORATE CENTRE, 111 VENTURE, LLC. 5. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH EAST OF MADISON, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR STREET AND RAISED LANDSCAPE MEDIAN IMPROVEMENTS ON AVENUE 52 BETWEEN MADISON STREET AND A HALF MILE EAST OF MADISON STREET. 6. ACCEPT A GRANT OF EASEMENT FOR PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FROM REA LA QUINTA, LLC, ON DEPOT DRIVE NORTH OF HIGHWAY 111, ASSOCIATED WITH PARCEL MAP 34123. 7. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE PARK AVENUE LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-15. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON -SITE IMPROVEMENTS FOR TRACT MAP 31798, WATERMARK VILLAS, WATERMARK GRANITE LA QUINTA, LLC. 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFF -SITE IMPROVEMENTS FOR TRACT MAP 31798, WATERMARK VILLAS, WATERMARK GRANITE LA QUINTA, LLC. 10. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2007/2008. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT CITY MANAGER -DEVELOPMENT SERVICES AND TWO MANAGEMENT ANALYSTS TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS TRADE SHOW IN SAN DIEGO, CALIFORNIA, SEPTEMBER 18-20, 2007. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO STAFF MEMBERS TO ATTEND THE 2007 CALIFORNIA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION (APA) CONFERENCE IN SAN JOSE, CALIFORNIA, SEPTEMBER 30 - OCTOBER 3, 2007. 13. DENIAL OF CLAIM FOR DAMAGES FILED BY DANIEL ALEXANDER - DATE OF LOSS: DECEMBER 2, 2006. City Council Agenda 3 July 3, 2007 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS' EXECUTIVE FORUM TO BE HELD JULY 25-28, 2007, AND ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS MEETING TO BE HELD JULY 28-29, 2007, IN MONTEREY, CALIFORNIA. 15. APPROVAL OF A CONTRACT BETWEEN EMERY LANDCLEARING AND GRADING, LLC, AND THE CITY OF LA QUINTA FOR DEMOLITION AND RECYCLING SERVICES AT THE AGENCY -OWNED 19.9-ACRE COMMERCIAL AND RESIDENTIAL SITE ALONG HIGHWAY 111 (APN: 649-030-016 AND -017), AND THE APPROPRIATION OF $36,000. 16. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH KINER COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2007/2008. 17. APPROVAL OF SECOND READING OF ORDINANCE 439, AMENDING TITLE 9, CHAPTER 9.20 ("ZONING DISTRICTS") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 9.20.050 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES IN THE CITY. 18. APPROVAL OF SECOND READING OF ORDINANCE 440, AMENDING CHAPTER 9.30.030 AND ADDING CHAPTER 9.50.100, OF TITLE 9, "PLANNING," PERTAINING TO DEVELOPMENT STANDARDS IN THE SOUTHEAST POLICY AREA - ZONING TEXT AMENDMENT 2006-085. 19. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH CORAL MOUNTAIN TRAILS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR JEFFERSON STREET REALIGNMENT/IMPROVEMENTS (STREET TO BE RENAMED BY CITY OF LA QUINTA) FROM THE REALIGNED NORTHERLY TERMINUS ON AVENUE 58 TO THE NORTHERLY BOUNDARY OF TENTATIVE TRACT MAP 33444. BUSINESS SESSION 1 . CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO THE COMMUNITY SERVICES COMMISSION. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. _ ON FIRST READING City Council Agenda 4 July 3, 2007 2. CONSIDERATION OF INVESTMENT ADVISORY BOARD FISCAL YEAR 2007/2008 WORK PLAN. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN ORDINANCE AMENDING LA QUINTA CITY CHARTER AND MUNICIPAL CODE, CHAPTER 2.04, SECTION 2.04.050, CITY COUNCIL (COMPENSATION AND REIMBURSEMENT). A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING STUDY SESSION 1. DISCUSSION REGARDING GREEN BUILDING PROGRAM OPTIONS. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (KIRK) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (KIRK) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY CHILD SAFETY COMMISSION (HENDERSON) 14. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. SILVERROCK RESORT AD -HOC COMMITTEE 19. SPHERE OF INFLUENCE SUBCOMMITTEE City Council Agenda 5 July 3, 2007 20. COMMUNITY SERVICES COMMISSION MINUTES DATED MAY 14, 2007 21. INVESTMENT ADVISORY BOARD MINUTES DATED MAY 9, 2007 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY — NONE 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT — NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT REPORT — NONE 6. COMMUNITY SERVICES DEPARTMENT REPORT — NONE 7. FINANCE DEPARTMENT REPORT — NONE 8. PUBLIC WORKS DEPARTMENT REPORT — NONE 9. POLICE DEPARTMENT REPORT — NONE 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING POLICY ON NON-RESIDENT STATUS FOR BOARDS AND COMMISSIONS. (MAYOR ADOLPH) 2. DISCUSSION REGARDING ATTENDANCE REQUIREMENTS OF BOARDS AND COMMISSIONS (SCOPE OF RESPONSIBILITIES). (MAYOR ADOLPH) 3. DISCUSSION REGARDING SECTION 5 — CONSERVATION, FISH & WILDLIFE. (COUNCIL MEMBER KIRK) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. City Council Agenda 6 July 3, 2007 PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING THE COMMUNITY BUILDING ARCHITECTURAL AND LANDSCAPING PLANS FOR SITE DEVELOPMENT PERMIT 2006-857 FOR THE DUNE PALMS NEIGHBORHOOD APARTMENT DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF AVENUE 48 AND DUNE PALMS ROAD. APPLICANT: COACHELLA VALLEY HOUSING COALITION. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY, AND A RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $50,000,000 BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO FINANCE THE CONSTRUCTION OF 218 AFFORDABLE APARTMENT UNITS WITHIN THE CITY OF LA QUINTA. A. RESOLUTION ACTION(S) 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL FOR: (1) APPROVING TENTATIVE TRACT MAP 34969, SUBDIVIDING 24± ACRES INTO THE MADISON CLUB CLUBHOUSE SITE; 2) APPROVING SITE DEVELOPMENT PERMIT 2007-883 FOR THE ARCHITECTURAL AND LANDSCAPING PLANS FOR THE CLUBHOUSE FACILITY, FOR THE PROPERTY LOCATED ALONG THE SOUTH SIDE OF AVENUE 52 BETWEEN MADISON STREET AND MONROE STREET. APPLICANT: EAST OF MADISON, LLC. A. RESOLUTION ACTION(S) 4..0 : 0 City Council Agenda 7 July 3, 2007 ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on July 17, 2007, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m.. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of July 3, 2007, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on June 29, 2007. DATED: June 29, 2007 � � U Z VERONICA J. MONTECINO, City Clerk City of La Quinta, California Public Notices The La Quints City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777..7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 710:3. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. ra Q City Council Agenda 8 July 3, 2007 WRITTEN CORRESPONDENCE ITEM: YMCA We build strong kids, jUN 2 6 strong families, strong communities. ne 18, 2007 - ayor Don Adolph ' :y of La Quinta -495 Calle Tampico Quinta, CA 92253 or Mayor Adolph: 1 behalf of the volunteers of the Family YMCA of the Desert, I submit this letter requesting your support the Building Our Valley's Future Campaign. e goal is to construct a full -service regional complex for the entire Coachella Valley. Soon to be known as Mid -Valley YMCA, the proposed project will meet our unprecedented regional growth and provide the Aties that can not be duplicated in every community. A wide range of amenities such as competitive uatic facilities, indoor/outdoor recreational opportunities including ball fields and courts, and the needed ssrooms and equipment dedicated to childcare and life-long leaming are all included in the plans. ide possible through the City of Rancho Mirage's generous pledge of nearly $7.25 million in cash, land i site improvements, we are presented with a unique opportunity to make this dream a reality. However, proposed Mid -Valley YMCA is not a municipal project It is a regional vision that will serve all of our Iley's communities, and requires their support accordingly. urge the City of La Quintal to join us and the other Valley cities the YMCA serve's in raising $500,000 in )tic sector support needed toward overall $17.25 million project. Your financial support towards this ject can ensure that La Quinta residents have access to facilities that otherwise could only be provided remendous costs If not done through this regional effort ase find the enclosed resolution for your consideration and approval. Thank you for your time and ognition of just how important YMCA programs from childcare to camps are to the youth and families of 1 Valley. I look forward to your participation. Hargreaves and President nily YMCA of the Desert FILE COPY to 1 d-1 FAMILY YMCA OF THE DESERT FAMILY YMCA OF THE DESERT 43-930 San Pabb Ave., Palm Desert, CA 92260 3601 E. Mesquite Ave., Palm Spnngs, CA 92263 (760) 341-9622 Fax (760) 779-9651 17601 320-6430 Fax 1760) 320-1679 led Way ,e Desert To putiudeo-Christian principles into practice through programs that build healthy spirit,mind and body for all. RESOLUTION WHEREAS, Early onset diabetes is an emerging national health crisis, due in substantial part to lack of youth fitness; and WHEREAS, The YMCA has for more than 100 years been a national leader in promoting healthy minds, bodies and spirits through an array of fitness programs and facilities including gyms, courts and swimming pools, and perhaps most notably, the invention of volleyball and basketball; and WHEREAS, The Family YMCA of the Desert has for 25 years provided value -based programs for youth and families throughout the Coachella Valley regardless of economic background or an ability to pay; and WHEREAS, The Family YMCA of the Desert currently maintains and promotes quality childcare programs in La Quinta serving our valley's youths and families: and WHEREAS, There is an urgent need for an expanded facility to compliment and support programs in La Quinta, while reaching valley -wide to more youth in need through a full range of family oriented fitness programming; and WHEREAS, In recognition of this need, the City of Rancho Mirage has offered land and financial assistance to the YMCA valued at $7.25 million for the creation of our Valley's fast truly regional YMCA facility; and WHEREAS, The proposed Mid -Valley YMCA requires significant partnership and cooperation from all the communities in which the YMCA serves youth and families; NOW, THEREFORE, the City of La Quinta, California, hereby resolves that La Quinta: Wholeheartedly applauds City of Rancho Mirage's generous offer of land and financial assistance for the proposed mid -valley facility Commits to carefully consider a financial contribution to the mid -valley facility at an appropriate time when the benefits of that facility to the citizens of La Quinta have been fully explored, and in light of the city's resources and other recreational needs. •N• .... 01 0 Ito Lax. Homes � June 28th, 2007 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247 City Council Members; Laing Luxury Homes would like to respectfully request clarification by the City Council of the City of La Quinta for the following Condition for Tentative Tract Map 35060 and Site Development Permit 2006-873 approved by council on February 20th, 2007. The Site Development Permit condition pertaining to the wall and berm height was requested by Laing to be per the recommendation of the Architecture and Landscape Review Committee in a memo provided to council at the meeting on the 20thThe Recommendation made by the ALRC states the following: The applicant shall redesign the perimeter wall and berming along the Washington street frontage for a maximum combined height of wall and berming not to exceed 12 feet, of which the wall height shall not exceed six feet and the maximum height shall undulate between 10 and 12 feet. Said wall shall incorporate random pilasters. The condition as stated in the City's Approved Conditions of Approval for Laing's project does not reflect this recommendation. The condition in the Approved Conditions document was written using essentially the same language as originally proposed by staff and incorporated a comment by Councilman Osbourne. During the meeting there was a comment made by Councilman Osbourne that he desired a maximum wall and berming height of ten feet. However, no further discussion was raised by this observation and no note was made for inclusion in the motions for approval of the project. The currently approved condition reads as follows: The applicant shall redesign the perimeter wall and berming along Washington for a max combined height of wall and berming not to exceed 10' of which wall height shall not exceed 6', measured from back of curb. Said Wall shall have staggered openings every 100 ft and pilasters shall be placed at each end as well as the center of each 100' section. IAN(; LuxuRY Ilows 895 Dove Sireei Suite 200 Newpon Beach, California 92660 Tel 949-265-2400 Fax 949-265-2599 www.laingluxun.cuui I Lnlrvc Luxuxv HOMES L After reviewing the minutes from the city council meeting with city staff we feel that the motions made in approving the tentative tract map and site development permit were in favor of our written request. We do not feel that the condition as it appears in the Approved Conditions of Approval reflects the intent of council. We respectfully request that the Approved Conditions of Approval be revised to reflect the recommendations of the Architectural and Landscape Review Committee as stated in our memo of February 20th. Thank you in advance for your consideration of these proposed clarifications. Should you have any questions or if I can be of any additional assistance, please feel free to contact me. Sincerely, Joshua Welty Laing Luxury Homes LAIN(; Luutti HOFIFh 895 Dove. Street Suite 200 Newport Reach, California 92660 Tel 949-265-2400 Fns 949-265-2599 www.laingluxurv.canu ceu�t ot 4 a" COUNCIL/RDA MEETING DATE: July 03, 2007 ITEM TITLE: Demand Register Dated July 03, 2007 RECOMMENDATION: Approve Demand Register Dated July 03, 2007 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 73670 - 73686) 27,980.95 73687 - 73687} 752.13 73688 - 73697} 120,654.98 Voids} -752.13 Wire Transfer 161,684.70 P/R 33885 - 33908 194,235.69 P/R Tax Transfers} 52,484.99 Payable Warrants: 73698 - 73832) 1,018,302.09 $1,575,343.40 FISCAL IMPLICATIONS: Demand of Cash -City $1,357,837.31 Demand of Cash John RDA $217,506.09 C� p� M. Falconer, Finance Director C CITY OF LA OUINTA BANK TRANSACTIONS 06/13/07 - 06/26/07 06/18/07 WIRE TRANSFER - PERS 06118/07 WIRE TRANSFER - ICMA 06/22/07 WIRE TRANSFER - WATERCOLORS $51,098.79 $7,585.91 $103,000.00 TOTAL WIRE TRANSFER OUT $161,684.70 •..P.. 012 I I I 1 I 1 I I _ YJ I M O O N N O O d O N O O I wH l r O d N m M O d M r M N I ur I P d M r M V) r M I I m r V) m I I I I I 1 I I I I I I I I I � I I z I I z .-I 1 1 01-1 £w1 I QLC I rnMMrdrV)N 0000000 000 Mmr 00 V)V) 00 M00 MIN MIN W�iN NN I \I V)Y)r rnPrNM 0000000 000 NN NN mrO 00 d`f 00 00 00 I W u I I UV1 I MMMV)mrPNr MMOOOOO PMV NN mm MOM 00 , NMMM V)} MM NN 11 M M N N M M M M N P r VJP M P O N N M m m M M N O N M M NN N N M M M r r mi d 1 <0 I rrrM P M�tVrOV)d M M rr MM mmV) rr M 1 HW i N rNrm rr rat V) mm I O I r r I=1 1 W I I Kw I 1 Z 1 I -1 I I I 1 r r I 1 N N r r 0 0 0� M M M M M M r r M P 00 O 0 O O N I I M M O O M M M V) r r r r r r M M r d O O O O O M M O O I I 1 1 1 1 1 1 1 1 I I I I I I I I I 1 I I I I I I I I 1 I V1OMMrrrM NNNNNN V)V) N V) 00 O O mm O V1 I MM.1 .!`t �t mid �tVddd�i MM d M M MI MM r M I r r r I r I r r r�- P P N r P r r r r r -1 r r m m m r N N I Z I M M M M r r N M N M M M M MIN M M NN N NN `t N I 71 �1VMM.td �t �t V`t �tddV dd d `t NN N d M `t �1' M d I O I 1 1 1 1 1 1 1 1 I I I I I 1 1 I 1 I I I I I I I I I I U 1 MMMMmmM� dd N M 00 O O dd O O I U I o O N N O O M o 0 QM Oooa M M O O O O O a O M M O O I 6 1 O Orr 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 O O O 00 O O 1 I M M r r M M M M M M r M M M M M M r 0 0 O n M M M M O I I I I 1 1 1 1 1 1 111 1 1 1 1 I I I I 1 1 I I 1 I I I I I I r r r r r r r r r r r r r r r r m I 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Oa O O 00 O O O Oa O I 1 rr.}�trrrr rrrrrr rr r r rr r r r rr r N 1 I I I I I I I I 1 r r n n r r r n r r r n r r n r n r r r n r r n r n r I 1 0 0 0 0 0 0 0 0 O O O O O O o O O O 0 0 O O O O O O O I 1 00000000 0 0 0 0 0 0 O O O O 00 O O O O O O O 1 I N NNNNNN N N N N N N N MN N N MIN N N N MIN N N 1 6 1 N NNNNNN N N N N N N N N N N N N N N N N N N N N I I V) V)V) m r) V) VJ VJ V) V) V) V) V) m V) V) V) V) M a M V) V) m I I O O O O O O O O O O O O O O 0 0 O O Oa 0 a O O O O O 1 I 1 I 1 I 1001 I •Z I 16 I I I I I _ r I I rrmrMr VnmPOr rN N m r m M M Or �t Iw I OMrNNN M M MM n M I x 0 1 O O O O r r r r 0 0 0 0 0 0 O O O O O O O O 1 u Z I 11,1r r r r r r r r r 1 0 1 O O O O O O O O 0 0 0 0 0 0 00 O O 00 O O O 00 O O 10 I 0 0 0 0 0 0 0 0 000000 O O O O 00 O O O 00 O O I > I Z V I 1 W N I I F > w 1 I N K I I Z I 1 U £ 2 2 W > m N 0 U K Z O 1 I N G 1 I J w z O -10 w J I. 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U• Y 1 1 IOH 1 zZ I O .1-tJ I wN 1 O 11 > 1 0 COUNCIL/RDA MEETING DATE: June 19, 2007 ITEM TITLE: Adoption of a Resolution Accepting a Donation from E. Howard Long to the La Quinta Fitness Center RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a donation of a Life Fitness treadmill from E. Howard Long, to the La Quinta Fitness Center. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Mr. Long contacted the Community Services Department with the intent to donate a pre -owned heavy-duty Life Fitness treadmill to the La Quinta Fitness Center. The treadmill is in great condition and will be a welcome addition for the users of the La Quinta Fitness Center. The donor has determined the value of the treadmill to be $700. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 2 Adopt a Resolution of the City Council approving the donation from E. Howard Long to the La Quinta Fitness Center; or Do not adopt a Resolution of the City Council approving the E. Howard Long to the La Quinta Fitness Center; or 3. Provide staff with alternative direction. 0.0 QG 4 submitted, Edie Hylton d ' Community Services Director Approved for submission by: homas P. Genovese, City Manager RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM E. HOWARD LONG TO THE LA QUINTA FITNESS CENTER WHEREAS, in May 2007, E. Howard Long generously offered a donation of a Life Fitness treadmill to be given to the La Quinta Fitness Center as a contribution to the community in La Quinta; and WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of a Life Fitness treadmill from E. Howard Long as a contribution to the community of La Quinta who utilize the Fitness Center. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 4y 05 Resolution No. 2007- E. Howard Long Adopted: July 3, 2007 Page 2 ATTEST: Veronica J. Montecino, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California `y OF 1't1F' COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Authorization for Overnight Travel for the Finance Director and Two Members of the Investment Advisory Board to Attend the 2007 Local Agency Investment Fund (LAIF) Conference October 11 — 12, 2007, in Sacramento, California RECOMMENDATION: Approve authorization for overnight travel members of the Investment Advisory Board Investment Fund (LAIF) Conference Octobe California. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: r for the Finance Director and two to attend the 2007 Local Agency 11 — 12, 2007, in Sacramento, Account No. 101-4001-415.51-01 Travel and Training contains $2,500 for two Investment Advisory Board members and one staff member to attend this conference. Registration $300 Meals 450 Airfare 850 Hotel 830 Mileage 50 Parking 20 Total $ 2, 500 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: ..P The Annual Local Agency Investment Fund Conference will be held October 11 — 12, 2007 in Sacramento, California. The LAIF 2007 Annual Conference is a two-day conference that focuses on financial issues affecting local governments and the investment pool. A preliminary conference schedule is attached (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the LAIF Conference in Sacramento, California, October 11 — 12, 2007; or 2. Do not approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the LAIF Conference in Sacramento, California, October 11 — 12, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. LAIF Conference Information 0p 056 ATTACHMI Save The Date Local Agency Investment Fund (LAIF) Annual Conference Date: October 11 - 12, 2007 Where: Sacramento Convention Center Sacramento, CA The annual Local Agency Investment Fund Conference will be held on Thursday, October 11 at the Sacramento Convention Center in Sacramento. A post -conference tour of Investments/LAIF is scheduled the following day, Friday, October 12 at the State Treasurer's Office (Jesse Unruh Building). It is anticipated the conference registration form will be posted on the LAIF website (www.treasurer.ca.gov/pmia-laif) and mailed to participating LAIF agencies two months prior to the event. COUNCIL/RDA MEETING DATE: JUIv 3, 2007 ITEM TITLE: Acceptance of Perimeter Offsite Improvements Associated with Parcel Map No. 29351, La Quinta Corporate Centre, 111 Venture, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept the perimeter landscape improvements associated with Parcel Map No. 29351, La Quinta Corporate Centre, 111 Venture, LLC, and authorize staff to release performance security upon acceptance of the improvements. Direct staff to release labor & materials security 90 days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. The developer is required to maintain the perimeter landscape improvements as part of the development agreement for this project. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 29351, La Quinta Corporate Centre, is located north of State Highway 111, east of Adams Street, and west of Dune Palms Road (Attachment 1). The perimeter landscaping on State Highway 111 is complete. All obligations of the Site Development Maintenance Agreement in Specific Plan 99-036 and the Conditions of Approval have been satisfied, except for a bike path which was proposed along the south side of the Whitewater Channel. Security for this improvement will be retained until such time it is determined whether the improvement can be constructed or not. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the perimeter landscape improvements associated with Parcel Map No. 29351, La Quinta Corporate Centre, 1 1 1 Venture, LLC, and authorize staff to release performance security for these improvements. Direct staff to release labor & materials security 90 days after City Council acceptance of the improvements; or 2. Do not accept the perimeter landscape improvements associated with Parcel Map No. 29351, La Quinta Corporate Centre, 1 1 1 Venture, LLC, and do not authorize staff to release performance security for these improvements. Do not direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, -t4�� 94yw-�� othy R. #asjQ6, P.E. Public Works Director/City Engineer Attachment: 1. Vicinity Map Approved for submission by: Thomas P. Genovese, City Manager 0-0 059 PAEPAEEO FOR ASSESSR.IIT PORPOS(S Mil. RO LIARilitT M THE AUORAO OF TO: OAIA SNW ASSESSM'S PARQt LT YIFR LOCAL LOt-MiF OR 6ILOIRR SM OROIIIAREES. OAIA: RS R Rs tAl. cv — as II/S7. is S/91. Its III"l Rs Wal ATTACHMENT ' SEC.29 T.5S.,R.7E CITY OF LA WINTA s04 so4 os 46 060 FMOFn ,O AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2007 BUSINESS SESSION: ITEM TITLE: Approval of a Reimbursement Agreement CONSENT CALENDAR: with East of Madison, LLC, a Delaware limited liability company, for Street and Raised Landscape Median STUDY SESSION: _ Improvements on Avenue 52 Between Madison Street PUBLIC HEARING: and a Half Mile East of Madison Street RECOMMENDATION: Authorize the City Manager to execute a Reimbursement Agreement (Attachment 1) between the City of La Quinta and East of Madison, LLC, a Delaware limited liability company, for street and raised landscape median improvements on Avenue 52 between Madison Street and a half mile east of Madison Street. FISCAL IMPLICATIONS: Attachment 1 is a reimbursement agreement with East of Madison, LLC, a Delaware limited liability company, for Development Impact Fee (DIF) eligible improvements to Avenue 52 associated with the Madison Club development, Tract No. 33076. As funds are collected in the future, an amount not to exceed $669,920 may be paid from the City's Transportation DIF funds, Account No. 250-000-290.00-00. CHARTER CITY IMPLICATIONS: 01 rem BACKGROUND AND OVERVIEW: East of Madison, LLC, a Delaware limited liability company, is the subdivider and developer of property in the City subject to the provisions of Tract No. 33076, which is currently known as Madison Club and lies south of Avenue 52 and north of Avenue 54 between Madison Street and Monroe Street (Attachment 2). Conditions of Approval for Tract Map No. 33076 conditioned the developer to construct half width of the street and landscaped median improvements to the south portion of Avenue 52 along the developments northerly boundary. Pursuant to Resolution No. 2006-068, the July 2006 DIF Study„ and the Detailed Cost Estimate (Attachment 3), portions of these improvements are eligible for DIF fund reimbursement as defined in the attached reimbursement agreement. The time frame for reimbursement is not specified; however, staff is preparing a policy for prioritizing reimbursements for City Council to consider at a future meeting. Staff has determined that the reimbursement amount is valid and within the amount established as DIF eligible off -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1) Authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and East of Madison, LLC, a Delaware limited liability company, for street and raised landscape median improvements to Avenue 52 between Madison Street and a half mile east of Madison Street; or 2) Do not authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and East of Madison, LLC, a Delaware limited liability company, for street and raised landscape median improvements to Avenue 52 between Madison Street and a half mile east of Madison Street; or 3) Provide staff with alternative direction. Respectfully submitted, � othy R. Joi ass P.E. Public Works irec or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Reimbursement Agreement 2. Vicinity Map 3. July 2006 DIF Study, Detailed Cost Estimate •_a Os ATTACHMEP CITY OF LA QUINTA REIMBURSEMENT AGREEMENT TRACT MAP No. 33076 -1 STREET AND RAISED LANDSCAPE MEDIAN IMPROVEMENTS TO AVENUE 52 (MADISON STREET TO 1/2 MILE EAST OF MADISON STREET) THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this _ day of 2007, by and between East of Madison, LLC, a Delaware limited partnership, hereinafter referred to as "Developer," and the City of La Quinta, California, a California Municipal Corporation (the "City"). RECITALS: A. Developer is the subdivider and developer of property in the City of La Quinta("Tract") subject to the provisions of Tract 33076-1 (the "Tract"), which area is currently known as Madison Club and which lies south of Avenue 52 and north of Avenue 54 between Madison Street and Monroe Street in the City of La Quinta. B. Conditions of Approval for Tract Map No. 33076 (attached to the Plan as Exhibit B) adopted by the City Council on February 1, 2005, obligate Developer to construct the south half of the street and half width of the landscaped median improvements to the portion of Avenue 52 lying adjacent to the tract (the "Required Improvements"). C. Pursuant to the City Development Impact Fee Program ("Program"), adopted June 15,1999 and revised July 5, 2006, the Developer is required to pay Development Impact Fees ("Fees) to fund these and other improvements as the Development is constructed. Said Fees include a Transportation Improvement Fee component ("Transportation Fee") that funds regional serving transportation improvements. D. Pursuant to Section 10, Implementation, B. Administration, of the Program, if the City requires a developer, as a condition of project approval, to construct facilities or improvements for which impact fees have been, or will be, charged to that project, the impact fee imposed on that development project for that type of facility should be adjusted to reflect a credit for the cost of those facilities or improvements. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of Developer. Developer shall construct the Required Improvements defined in Exhibit A attached hereto and incorporated herein by this reference and will bear the cost thereof even if the actual costs of constructing the Required Improvements exceeds the Budget Amount. Upon receipt of an executed DIF Reimbursement Agreement and acceptance of the improvements by the City, the Developer shall submit invoices and supporting documentation for those eligible costs per Exhibit A. Reimbursement Agreement-Awnue52 D[Fagmemt Madison CIub.DOC /-0 01 2. Responsibilities of City. The City Engineer shall either approve or disapprove the invoices or portions thereof and submit the approved invoices for payment through the City's Demand Register. The City Engineer shall provide to Developer a written explanation for any portion of an invoice that is disapproved. 3. Amount of Reimbursement. Reimbursement shall be for actual costs incurred by Developer for items eligible for reimbursement and for any additional items required in the course of construction of the Required Improvements and agreed to in writing by the parties hereto. The Developer shall not be reimbursed beyond the Budget Amount. 4. Warranty. Developer agrees to obtain from the contractor(s) constructing the Required Improvements a warranty in favor of the City to repair or replace of faulty work or materials for a period of one year following the date that the Required Improvements are accepted by the City Council. 5. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (10) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period as may be agreed upon by both parties to this Agreement. 6. Attorney's Fees. If either party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 7. Indemnification. Developer shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Developer, its officers, employees representatives, and agents, which arise out of acts or activities of Developer's or Developer's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Developer shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. 8. City Officers and Emplovees: Non -Discrimination. No officer or employee of City shall be personally liable to Developer or any successor in interest in the event of any default or breach by City or for any amount which may become due to Developer or to its successor or for breach of any obligation of the terms of this Agreement. Reimbursement Agreement - Awnue52 DlPagmemt Madumn Club DOC 9. Term of Aoreement. This Agreement shall remain in full force and effect for two years following the date it has been executed by both parties. 10. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. 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 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Attn: City Engineer To Developer: East of Madison, LLC 80-955 Avenue 52 La Quinta, California 92253 Attn: Cindy Zamorez 760/393-5288 11. Assignment of Agreement. The Developer may not assign, sublet, hypothecate, encumber, or transfer (whether voluntarily or involuntarily) its obligations hereunder to any party without the prior written consent of the City, which consent may be withheld in the City's sole and absolute discretion. 12. General Provisions. A. Except as otherwise provided herein, 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. B. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. 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 rights or remedies provided for herein. E. This Agreement maybe amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. Reimbumme,rt Agreement - Awnue52 DIFagmemt Madwn Club DOC a�0, 065 F. This Agreement may be executed in counterparts, which when taken together, shall constitute one fully executed document. 13. 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. 14. Authority of Signatories. 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 are formally bound to the provisions of this Agreement. Reimbursement Agreement—Awnue52 Dffagmemt Madison Club DOC 0.0 06 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: Thomas P. Genovese, City Manager Date ATTEST: Veronica Montecino, City Clerk City of La Quinta Date Developer: East of Madison, LLC 80-995 Avenue 52 La Quinta, California 92253 LIN Title: M Date Title: Reimbursement Agreement-A"nueU DlFagmemt Madison Club DOC Approved as to Form: M. Katherine Jenson, City Attorney City of La Quinta Date ., . 067 Exhibit A REQUIRED IMPROVEMENTS —TRACT No. 33076 -1 Item # Description Units Unit Cost Quantity Total Cost AVENUE 52 STREET AND MEDIAN IMPROVEMENTS MADISON STREET TO 1/2 MILE EAST OF MADISON STREET DIF ELIGIBLE REIMBURSEMENT 1 One Lane (INSIDE LANE) L.S. $191,520 1 $191,520.00 Street Improvements (not to exceed) (South Side) - Required Off -Site Street Improvements Eligible for Reimbursements From Development Impact Fee Fund 2 % of Landscape Median L.S. $478,400 1 $478,400.00 Improvements (South Side) (not to exceed) - Required Off -Site Street Improvements Eligible for Reimbursements From Development Impact Fee Fund Total Cost for Required Improvements, not to exceed: Reimbursement Agreement-Awnue52 DlFagmemt Madiwn Club.DOC $669,920.00 ..0. 068 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California p County of 1\t1lQ,fSIaQ� ss. On T( W, Is, aoo*i before me, Dale personally appeared �Ohr► G ❑ personally known to me X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aW subscribed to the within instrument and acknowledged to me that he/sheAhW executed the same in his/ltertthcir authorized capacity(ies), and that by his/hVtthgir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. L0628( � Jkjr Yre dN qPu OPTIONAL Though the inlomrahm below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached D��ocu(m+etnt- /� 11__ //�}}�� Title or Type of Docume-nt�: C;4u UT L&QUintw �►Y' bur5Ch Lett+ l�gweli lur Document Date: V (AY1G Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Titte(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: G 19W NappW Nolary pssoaa9on•9350 Da 5do pve.,PO BaK 2CO2•CM4wWh, CA913132402 rrww rie9wu9wtarywg PIW MM7 R.Call TaF. 1-300816 7 ATTACHMENT HIGHWAY 111 V) v~i V) w V) oc V) W Z V AVE. 50 wDo AVE. 52 AVE. 53 AVE_ 54 TRACT NO. � 33076 0 AIRPORT BLVD. VICINITY MAP NO SCALE 4..9 070 ATTACHMENT ITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL roject Type: Primary Arterial roject: Avenue 52 (Jefferson Street to 1/2 mile east of Madison) ne proposed improvements include the installation of median island, median island landscape, irrigation a ectrical, and the adjustment of the centerline profile to implement urban drainage concept for the fuh idening of the north and south sides, from Jefferson St. to Madison; and the installation of half a medi land, median island landscape, irrigation and electrical and the adjustment of the centerline profile iplement urban drainage concept for future widening of the south side, from Madison St. to 112 mile east ladison. ITEM DESCRIPTION UNITS QUANTIT unif COST ELIGIBLE DIF COST 1 MOBILIZATION LS 1 $248, 21.63 $208,821.63 2 TRAFFIC CONTROL LS 1 $1W928.75 $189,928.75 3 DUST CONTROL LS 1 $81,787.50 $81,787.50 4 UNCLASSIFIED FILL CY 4500 $14.00 $63,000.00 5 UNCLASSIFIED EXCAVATION CY 4500 $14.00 $63,000.00 6 6" CURB LF 13200 $10.00 $132,000.00 7 4.5" AC OVER 6" AB SF 1 198" $2.65 $524,700.00 8 SIGNING AND STRIPING LS 1 $25,000.00 $25,000.00 9 LANDSCAPE SF 118800 $3.50 $415,800.00 10 IRRIGATION SF 118806 $2.50 $297,000.00 11 IELECTRICAL SF 118800 $2.50 $297,000.00 SUB TOTAL $2,298,137.88 Estimated Soft Costs: Jul•06 es n• 229;813. 9 Ins esti urve . 105.6 city $1114,9p6.89 tin enc . 4 144.0 Total stimate: 3,2 , 0 . 8 dote: The project also includes the construction of a new outside lane adjacent to Polo Estates. .p 0 July 5, 2006 Update COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Accept a Grant of Easement for Perpetual Easement and Right -Of -Way for Public Street and Public Utility Purposes from REA La Quinta, LLC on Depot Drive North of Highway 1 1 1, Associated with Parcel Map No. 34123 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept a Grant of Easement for perpetual easement and right-of-way for public street and public utility purposes from REA La Quinta, LLC along Depot Drive north of Highway 1 1 1, associated with Parcel Map No. 34123. FISCAL IMPLICATIONS: Additional maintenance costs for the roadway will be included within future fiscal year maintenance budgets. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 34123 is generally located north of Highway 111 and east of Dune Palms Road (Attachment 1). On December 21, 2005, at a Director's Hearing, the Community Development Director approved Tentative Parcel Map No. 34123. A condition of approval for this tentative parcel map was to grant an additional easement along the east side of Depot Drive, north of Highway 111 for additional street improvements to be constructed by the COSTCO/Komar Development. The improvements proposed will align left -turning movements for north and southbound traffic on Depot Drive and eliminate the need for o.11 072 split phasing of these movements, as is currently required. Eliminating the split phasing will result in reduced delays along all approaches to the intersection. On January 16, 2007, the City Council approved Final Parcel Map No. 34123. The Public Works Department requests that the Grant of Easement (Attachment 2) along Depot Drive, as stipulated in the Conditions of Approval for Parcel Map No. 34123, be accepted at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept a Grant of Easement for perpetual easement and right-of-way for public street and public utility purposes from REA La Quinta, LLC on Depot Drive north of Highway 1 1 1, associated with Parcel Map No. 34123 and authorize the City Manager to sign the certificate of acceptance for the same; or 2. Do not accept a Grant of Easement for perpetual easement and right-of-way for public street and public utility purposes from REA La Quinta, LLC on Depot Drive north of Highway 1 1 1, associated with Parcel Map No. 34123 and do not authorize the City Manager to sign the certificate of acceptance for the same; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. J nass n P.E. Public Work Dire r/City Engineer Attachments: 1. Vicinity Map 2. Grant of Easement Approved for submission by: Thomas P. Genovese, City Manager .A 0%v ATTACHMENT N N N g 6 cn a W Z O AVENUE 48 50 SITE VICINITY ! MAP NO SCALE TO INDIO a... 014 ATTACHMEN' No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta Post Office Box 1604 La Quinta, CA 92247 Space eEove 1W 1p is reserved for Recorder$ use GRANT OF EASEMENT DEED APN: 600-010-011 RW-D 2006-RwoG8 FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, REA LA QUINTA, LLC, a California limited liability company, (the Grantor), hereby grants to CITY OF LA QUINTA, a California Municipal Corporation, (the Grantee), a perpetual easement and right-of-way for public street and public utility purposes, in, on, under, across and through all that real property described per Exhibit "A" and as shown on Exhibit'B" attached hereto and made a part hereof. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. Executed this Id day of lle c e n 6 " 200,(.P-, at 09 //�1 d,ry GTATE Alan Gottlieb, Its: Managing Member Ole; F120 Imi TATE OF CALIFORNIA OUNTYOFoff in - Doe, Notary Public" personally appeared %a�J �ooT7UPr7 personally known tome --OR- ❑ GERALD ARICHKIND COMM,i1564993 c•a WTA'R0YhUcQAUFMlA ic WSMNnElE8000NI'f ay cana ra+a. ranm n, moo Name(s) of Signer($) proved to me on the basis of satisfactory evidence to be the Persons: whose name(s) is/are subscribed to the within instrument an( acknowledged to me that he/she/they executed the same in his/her/thei authorized eapacity(ies), and that by histher/their signature(s) on thr instrument the person(s), or the entity upon behalf of which thf person(s) acted, executed the instrument. Witness my hand and official seal. U Signature of Notary OPTIONAL The following information is not required by law, however, it may prove valuable to persons relying on the document and cool prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: ❑ Individual ❑ Corporate Officer. DESCRIPTION OF ATTACHED DOCUMEN' Title(s) Title or Type of Docume ❑ Partner(s): ❑ Limited rl General ❑ Attomey-in-Fact Number of Pages ❑ Trustee(s) ❑ Guardian/conservator ❑ Other: Date of Document SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) SIGNET (other than named abo ..R 0?E EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A": THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.28573 ON FILE IN BOOK 193 OF PARCEL MAPS, PAGES 26 AND 27, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 00001'40" WEST 124.29 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 78039'36" EAST 30.93 FEET ALONG THE NORTH LINE OF SAID PARCEL 2; THENCE SOUTH 00000'00" WEST 115.41 FEET; THENCE SOUTH 54032'33" EAST 25.74 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 2, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HIGHWAY I I I AS SHOWN ON SAID PARCEL MAP NO. 28573; THENCE SOUTH 89058'03" WEST 51.23 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL "A" CONTAINS 4,014 SQUARE FEET, MORE OR LESS AND AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE BEING MADE A PART HEREOF. SUBJECT TO ALL RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. Prepared under the supervision of: SEo LAN sz E. Imp Date: gela Dorf, P.L.S. #8010 No. 8010 . Expires 12/31/08 Exp. 12/31/08 STANTEC CONSULTING 73-733 Fred Waring Dr., Suite 100 sTgr Palm Desert, CA 92260 £ t)' CAL\F (760)346-9844 0:\40845%4084500\drawings\survWEASEMENT1845_RW LGGALdoc V-5 O " � Page I of I EXHIBIT "B" SHEET 1 OF 1 MAP TO ACCOMPANY OFFER OF DEDICATION EASEMENT w N "/ PARCEL 2 PARCEL MAP NO.28573 04 LQ P.M.B. 193126--27 3 k Q -- S89'S9'03"w �— � — -- 51.23'' P.O.B. H/WWAY1/1 �'� SECAON LINE � LAND c,. No. 8010 Exp. 12/31 /08 PREPARED UNDER THE �T SUPERVISION OF. q% 2 OAAl I blo ANC£LA Lr, DORF, PLS 010 Q4TE SCALE: 1" = 40' STANfEC CONSULTING INC. 73.733 FRED WARING DRIVE SUITE 100 PALM DESERT, CA 92260 StanteC 760.346,9844 071 EXHIBIT DEPOT DRIVE o H ..--• m /�W 1.94 HIGHWAY III SCALE: 1" = 30' SM71OFf K/W -EX. CORD 07? I COUNCIL/RDA MEETING DATE: July 3, 2007 ITEMTITLE: Approval of the Plans, Specifications, and Engineer's Estimate (PS&E), and Authorization to Advertise for Bid the Park Avenue Landscape Improvements, Project Number 2006-15 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate unassigned RDA Project Area Number 2 funding in the amount of $198,004; approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Park Avenue Landscape Improvements, Project No. 2006-15. FISCAL IMPLICATIONS: The following represents the project's proposed funding and funding source: RDA Project Area No. 2 $198,004 Considering the Landscape Architect's Estimate of Probable Construction Costs, in the amount of $145,504, the following is the anticipated project budget: Construction: $145,504 Design: $15,000 Insp/Test/Survey: $12,000 Administration: $7,500 Contingency: $18,000 Total Estimated Cost: $198,004 ..a 08 Adequate funding is available from unassigned RDA Project Area Number 2 funds to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. If approved, this project is funded with Redevelopment Agency funds. Therefore, the project must be advertised with a prevailing wage requirement included in the contract specifications. BACKGROUND AND OVERVIEW: The purpose of the project is to install landscape and irrigation within the parkway along the east side of Park Avenue between Avenue 50 and the east parking lot of La Quinta Middle School, and within the two existing parking islands adjacent to the La Quinta Boys and Girls Club. In general, the project includes installing the landscaping and irrigation as well as establishing and maintaining the plants for a specified period of time. The PS&E are now complete and available for review within the City's Public Works Department. Contingent upon City Council authorization to advertise the project for bid on July 3, 2007, the following is the anticipated project schedule: City Council PS&E Approval Project Advertisement City Council Considers Construction Award Sign Contracts and Mobilize Construction (45 working days) Project Close-out/Acceptance FINDINGS AND ALTERNATIVES: July 3, 2007 July 5, 2007 — July 26, 2007 August 7, 2007 August 8 - 31, 2007 September — November, 2007 December 2007 The alternatives available to the City Council include: 1. Appropriate unassigned RDA Project Area Number 2 funding in the amount of $198,004; approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Park Avenue Landscape Improvements, Project No. 2006-15; or 2. Do not appropriate unassigned RDA Project Area Number 2 funding in the amount of $198,004, do not approve the plans, specifications and engineer's estimate (PS&E) and do not authorize staff to advertise for bid the Park Avenue Landscape Improvements, Project No. 2006-15; or 081 3. Provide staff with alternative direction. Respectfully submitted, imothy R. J n ss E. Public Works irec /City Engineer Approved for submission by: Thomas P. Genovese, City Manager ..A 08L iLa��tQ.c �'f�NN z S M OFT COUNCIL/RDA MEETING DATE: July 3, 2007 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution to Extend the BUSINESS SESSION: Time for Completion of the On -Site Improvements for CONSENT CALENDAR: O Tract Map No. 31798, Watermark Villas, Watermark Granite La Quinta, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to April 25, 2008 for Tract Map No. 31798, Watermark Villas, Watermark Granite La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Watermark Villas (Tract Map No. 31798), is located south of Avenue 50, north of Avenue 52, east of Washington Street, and west of Jefferson Street (Attachment 1). On December 12, 2005 the City Council approved the Subdivision Improvement Agreement for the On -site improvements (SIA) for Watermark Villas. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications *-a, . 18 N in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " In a letter dated June 13, 2007 (Attachment 2), the developer stated that currently the project is in the process of obtaining a construction loan to complete the improvements. The remaining on -site improvements include constructing the streets, catch basins, signing and striping, dry utilities, and monumentation. Water, sewer, and storm drainage are partially completed. The developer proposed a schedule for completion and requested a time extension for the on -site improvements to April 25, 2008. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to April 25, 2008 for Tract Map No. 31798, Watermark Villas; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to April 25, 2008 for Tract Map No. 31798, Watermark Villas; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. J ass .E. Public Works Direct/City Engineer Approved for submission by: 12 Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter dated June 13, 2007 •-« , 084 RESOLUTION NO. 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO APRIL 25, 2008 FOR TRACT MAP NO. 31798, WATERMARK VILLAS, WATERMARK GRANITE LA QUINTA, LLC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31798, Watermark Villas, on December 12, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 12, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended to April 25, 2008. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on April 25, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. o-M, 1 0 8 4 Resolution No. 2007- Tract Map No. 31798, Watermark Villas Adopted: July 3, 2007 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July 2007, by the following vote, to wit: AYES: IM111114-31 ABSENT: /e1:1.W_110111 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT TM 31798 - WATERMARK VILLAS *wM w LtJ SITE.14 VA ND AVE. VA N Q 9 W w w ir L-1 LL LL Ld 53RD AVE. VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 3, 2007 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On - Site Improvements for Tract Map No. 31798, Watermark Villas APPLICANT: Mr. Brad Fomon, Project Manager ••a, 03`l ATTACHMENT Innovative bow comrrtunjties RECEIVED JUN 15 2007 June 13, 2007 Development Services Timothy Jonasson Public Works Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Tract No: 31798 — Subdivision Improvement Agreement (SIA) On -site & Off -site improvements Dear Mr.Jonasson: This letter is in response to the letter sent from the City of La Quinta ("City") on June 6, 2007 to Watermark Granite La Quinta, LLC ("Project') regarding the Subdivision Improvement Agreements for the On -site and Off -site improvements for Tract Map No. 31798. As you may recall over the last year the Project has experienced difficulty in obtaining a construction loan. Conversely, the Project received a loan commitment letter from our banking institution with a tentative funding date within the next forty-five to sixty days. Upon the funding of the loan the Project shall commence the last remaining On -site and Off -site improvements. Accordingly, this letter is to serve as the Projects formal time request to complete the remaining On -site and Off -site improvements. In addition, attached for your reference is our construction schedule with the remaining items and corresponding time frames for completion. As always, should you have any questions or concerns please do not hesitate to give me a call (760) 690-5261. Veryruly Fomon Project Manager cc: Peter A. Bilicki, Jr/President Dan DobroWce President Watermark Villas Estimated Construction Schedule Task Estimated Start Off -tract Street Improvements 10/8/2007 Dry Utility Installation 101812007 In -tract Street Improvements 3/3/2008 Perimeter Landscape 10/8/2007 Estimated Finish 11/12/2007 2/29/2008 4/25/2008 4/25/2008 6114/20071:25 PM 08 - a AM OF 77'N4'O COUNCIL/RDA MEETING DATE: July 3, 2007 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution to Extend the BUSINESS SESSION: Time for Completion of the Off -Site Improvements for CONSENT CALENDAR: Tract Map No. 31798, Watermark Villas, Watermark Granite La Quinta, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to April 25, 2008 for Tract Map No. 31798, Watermark Villas, Watermark Granite La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Watermark Villas (Tract Map No. 31798), is located south of Avenue 50, north of Avenue 52, east of Washington Street, and west of Jefferson Street (Attachment 1)• On December 12, 2005 the City Council approved the Subdivision Improvement Agreement for the Off -site improvements (SIA) for Watermark Villas. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications • 09 in .the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " In a letter dated June 13, 2007 (Attachment 2), the developer stated that currently the project is in the process of obtaining a construction loan to complete the improvements. The remaining off -site improvements include completing the median turn pocket modification on Avenue 52, as well as constructing meandering sidewalks, perimeter landscaping, and street entrance improvements. The developer proposed a. schedule for completion and requested a time extension for the off -site improvements and perimeter landscaping to April 25, 2008. Through subsequent discussions between the developer and staff the developer agreed to construct these improvements by December 31, 2007. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to December 31, 2007 for Tract Map No. 31798, Watermark Villas; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to December 31, 2007 for Tract Map No. 31798, Watermark Villas; or 3. Provide staff with alternative direction. Respectfully submitted, 10 Ttr lothy R. J sson, E. Public Works ecto / ity Engineer ••8'' 09 Approved for submission by: /1 Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter dated June 13, 2007 ..a . 09 RESOLUTION NO. 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO DECEMBER 31, 2007 FOR TRACT MAP NO. 31798, WATERMARK VILLAS, WATERMARK GRANITE LA QUINTA, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31798, Watermark Villas, on December 12, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by December 12, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended to December 31, 2007. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. •� : 093 Resolution No. 2007- Tract Map No. 31798, Watermark Villas Adopted: July 3, 2007 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ••0 ' 09 ATTACHMENT 1 TM 31798 - WATERMARK VILLAS 50TH AVE. • 52ND \\\- • = w LL- Q Li- w D 153RD AVE. ICINITY NOT TO SCALE CITY COUNCIL MEETING: July 3, 2007 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off - Site Improvements for Tract Map No. 31798, Watermark Villas APPLICANT: Mr. Brad Fomon, Project Manager ATTACHMENT Innovative cont lit tin if ins RECEIVED JUN i E. 2007 June 13, 2007 Development Service> Timothy Jonasson Public Works Director City of La Quinla 78-495 Calle Tampico La Qumia, CA 92253 RE Tract No* 31798 - Subdivision Improvement Agreement (SIA) On -site & Off -site im rovernents Dear Mr Jonasson This letter is in response to the letter sent from the City of La Quinta ("City") on Juno 6, 2007 to Watermark Granite La Quinla, LLC ('Project') regarding the Subdivision Improvement Agreements for the On -site and Off -site improvements for Tract Map No 31798 As you may recall over lne last year the Protect has experienced difficulty in obtaining a construction loan. Conversely, lne Project received a loan commitment letter from our banking institution with a tentative funding date within the next forty-five to sixty days. Upon the funding of the loan the Project shall commence the last remaining On -site and Off -site improvements. Accordingly, this letter is to serve as the Projects formal time: request to complete the remaining On -site and Off -site improvements. In addition, attached for your reference is our construction schedule with the remaining items and corresponding time frames for completion. As always, should you have any questions or concerns please do not hesitate to give me a call (760) 690-5261 Very rely ou s, — Fomon Project Manager cc. Peter A. 6ilmki, Jr/President Dan Dobron/Vice President 18' Pacil i( 0,11(1 Place • L.cnndidu, CA 92l •'het 700-8 39-8238 - Pax 760-839-8246 • inaovaliveeonunuuities.c( 1st IL .,: 1': 't •t- ,1,- -AlLNlUeiP,LEiSPpLH Will I"k,"C4'J1=41.V(W1L11R,A4Mi}.�$5��a"riiw"'iz `?��'.;_fP_'�_.'u`�s ';+4: i"'Ps�w 91 Watermark Villas Estimated Construction Schedule Task Estimated Start Off -tract Street Improvements 10/812007 Dry Utility Installation 101812007 In -tract Street I nprovements 3/3/2008 Penmeter Landscape 10/8/2007 Estimated Finish 11/1212007 2/29/2008 4/25/2008 4/25/2008 6/14/20071 25 PM • 09 34TV, AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2007 BUSINESS SESSION: ITEM TITLE: Approval of a Contract Services CONSENT CALENDAR: Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2007-08 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a Contract Services Agreement ("Contract") with the La Quinta Chamber of Commerce for Fiscal Year 2007-08, and authorize the City Manager to execute the Contract. FISCAL IMPLICATIONS: The City of La Quinta Fiscal Year 2007-08 Preliminary Budget, approved by the City Council on June 21, 2007, contains funds for the La Quinta Chamber of Commerce in the amount of $130,000 (Account #101-1003-413.33-02). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Chamber of Commerce Contract are consistent with this objective. BACKGROUND AND OVERVIEW: The City has been entering into an annual contract services agreement with the La Quinta Chamber of Commerce since Fiscal Year 1991-92. In preparation for continued services during Fiscal Year 2007-08, the Chamber of Commerce submitted a Contract for Services Proposal which includes a contract sum of $130,000 (Attachment 1). Accordingly, staff has prepared a Contract Services Agreement (Attachment 2) between the City of La Quinta and the La Quinta Chamber of Commerce which includes services in the following areas: . Business Retention and Promotion . The Gem Newspaper . The Visitors Center . Annual Audit/Financial Review Approval of the Contract will allow the Chamber to implement various activities and programs within the areas indicated above during Fiscal Year 2007-2008. Per City Council policy, the Chamber is to submit a full audit every three years, and an annual financial review in intervening years. A full audit is due for Fiscal Year 2005- 2006. The Chamber has recently secured CPA services; the audit is underway and will be submitted to the City in the near future. Once City staff receives the audit, copies will be forwarded to the City's Finance Director and the City Council. Regarding the Chamber's lease of the City library space, the lease expires on November 30, 2008. The Chamber has established a Facilities Committee, which is working with local realtors to find space that is financially feasible for the Chamber. The scope of work will require the Chamber to provide three written updates per year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2007-078 and authorize the City Manager to execute the contract; or 2. Do not approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2007-08; or 3. Provide staff with alternative direction. Respectfully submitted, as Douglas K Evans, Assistant City Manager — Development Services ..a..0 0 9 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2007-2008 City -Chamber Contract for Services Proposal 2. Proposed Chamber Contract for Fiscal Year 2007-2008 1©r Gem of theDesert ATTACHMENT 1 Cane Tampico #B • La Quinta CA 92253 marl. I Phone: (760) 564 3199 •Fax: (760) 564 Executive Committee Linda Evans Chairman of the Board John F. Kennedy Memorial Hospital Louise Lambly President(CEO Scott Brooks 10 Vice -Chair Brooks Printing Impressions David Archer Treasurer Sunrise Community Bank Cosmo Cappellino Secretary Moms Desert Media Lew E. Piper Immediate Past -Chair KDI Stoneworks Roo Salute Desert Southwest Insurance Brokers Board of Directors Debbie Frazer Mary Kay Cosmetics Jon P. Gaffney Desert Sands Unified School District Rich Harshbarger The Desert Sun Thomas McDermott, Jr. McDermott & Delateur, LLP Frank Orleft Bunter Waste & Recycling Services Ken Napper Modem Woodmen of America John Pena John Pena & Associates Roger Perris Millennium Mortgage Kurt A. Spurgin, D.C. Advanced Physical Health Center Robert F. Syik The Sylk Group April 26, 2007 To: Tom Genovese, City Manager, City of La Quinta Cc: Mayor Adolph, Mayor Pro Tem Sniff, Council Members Henderson and Kirk, Chair Redevelopment Agency Osborne, and Linda Evans, Chair of the Board, La Quinta Chamber of Commerce From: Louise Lambly, President/CEO, La Quinta Chamber of Commerce Re: 2007-2008 City -Chamber Contract for Services Proposal Thank you for the opportunity to submit a proposal to continue to partner with the City of La Quinta for the following services: Areas of Service: 1. Business Retention and Promotion 2. The GEM Community Newsletter 3. The Visitor's Center 4. Annual Financial Review Total: $130,000.00 Our request for City funding for the fiscal year 2007-2008 is $130,000.00, with a payment schedule reflected as follows: September 28, 2007 $33,750.00 December 28, 2007 $33,750.00 March 29, 2008 $33,750.00 June 28, 2008 $33,750.00 The Chamber will continue to provide quarterly reports prior to these dates as we have done in previous terms. We appreciate the opportunity to submit this proposal and look forward to continuing to provide these services for the City of La Quinta for the benefit of current and prospective residents and businesses. The Voice of Business hamborom • w IgcbamAereom The areas of service to be provided under the proposed Contract for Services are defined as follows: 1. Business Retention and Promotion The Chamber surveys its membership annually to determine the most effective means of growing the business community in La Quinta. Some of the networking opportunities currently offered by the Chamber include: The Breakfast Network -"This venue includes an educational speaker to inform attendees of new and better ways of marketing, advertising, and providing outstanding customer service. The breakfast also encourages members to network with each person at their table increasing their exposure in the community. The Power Lunch — A member's only event with a more intense focus on networking. Members leave the Power Lunch with solid contacts in the business community. In addition, the event includes a speaker who informs attendees of best practices to enhance their bottom line, and you have a "must attend" event. The Mayor's Luncheon — Always well attended and very interactive, the highlights include the City update from the Mayor, networking with the Chamber Board of Directors, upcoming Chamber events, and an educational speaker. www.lgchamber.com - Our website draws about 230,000 visits each year. We offer links to the City, members and other points of interest in La Quinta. After viewing the impressive new City website, we are working on updating/refreshing our own website. Website Visits 200612007------------ I Anll-06 18,789 June-06 16,447 16,897 July-06 __16,077� _ August-06__ _ 13,700 September-06 15,727 October-061 16,122 17,6121 _November-06 �- - December-06 23 4 Januar r-07 - - - --- — 25,5231 February2007 - 23,400' - March-07 26,338 total 1___ 229,872 i *X.,; 10 Leadership Coachella Valley - Founded by six valley chambers, Leadership has been administered by the Palm Desert Chamber for the past three years. The La Quinta Chamber was recently awarded the contract for the next three years and will bring the leadership spotlight to our fair city. Leadership Coachella Valley is a program designed to identify, motivate and develop future community leaders. The program encourages involvement by providing knowledge and perspective on valley wide needs and concerns. Participants meet current community leaders in forum and group discussion settings. BizNet 2007 - The Valley's largest Symposium and Business Expo highlighting businesses in the East Valley Chambers: La Quinta, Indio, and Coachella. This year the Symposium explored the impact of our phenomenal growth and how it affects the business community. City Map and Business Directory - Two well -produced, distinct publications with extensive information for residents, the business community and visitors. These publications are produced annually. 2. The GEM Newsletter The GEM is only Chamber/City newsletter in the Valley distributed to each resident and Chamber member every month (20,000+). Survey results indicate high readership and informative content. The new 24-page format and eye-catching color throughout enhance the interesting articles submitted by Board members, Committee Chairs, members, and the City. The new member introduction keeps the entire city current on our ever-growing business community. 3. The Visitor's Center The Visitor Center, located within the Chamber office, continues to draw people down Washington Street from Highway 111. Some visitors comment on the difficulty in finding the Visitor Center and Chamber office, but once they arrive they are pleased with the abundance of information available to them and the assistance provided by the Chamber staff. We strive to make the center as user-friendly as possible with brochure racks and business card racks. We still receive over 5,000 visitor related phone calls per year. Visitor Center phone calls walk - ins Jul -06 356 49 Au ust-06 426 38 Se tember-06 456 63 October-06 492 73 November-06 438 82 December-06 411 51 Janua -07 368 54 Februa -07 956 61 Waroh-07 .562 108 A ril-07 598 135 Ma -07 Jun-07 Total06-07 60631 714 4. Annual Financial Review The Chamber understands the importance of its fiscal responsibility and is working constantly to ensure our books are in order. Because of the Chamber leadership change in the first quarter, the new President/CEO discovered the request for an Annual Audit too late for a timely completion but, has sent out bid letters for audit. We will have the audit to the City as soon as it is completed, which is expected to be in early June, just short of the June 1, 2007 deadline. Your patience and approval of our submission is appreciated. On behalf of the La Quinta Chamber of Commerce Board of Directors, we thank you for the opportunity to quote the City of La Quinta on a Contract for Services in the amount of $130,000.00 for the 2007-2008 year. We look forward to the continuing bond between the Chamber and the City and sincerely appreciate your support. Respect Louise Lambly, President>CEO La Quinta Chamber of Commerce w._p... 1 A C ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and LA QUINTA CHAMBER OF COMMERCE ("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 the promotion, encouragement, representation and retention of business and business activities in the City of La Quinta, 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 and Standard of Work. a. 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. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation) in a total amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) (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 10 , �-p. a 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 thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on July 1, 2007 and terminate on June 30, 2008 (initial term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Linda Evans, Chairman of the Board b. Scott Brooks, Chair -Elect C. Cosmo Cappellino, 1s` Vice Chair d. Thomas McDermott, Jr., Secretary e. David Archer, Treasurer f. Louise Lambly, Chief Executive Officer a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor • or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the •.�_.. 11� requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate -of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, three progress reports, including an accounting of expenditures, shall be provided on or about October 2007, January 2008, and April 2008. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 01.e ^ 11 G 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: LA QUINTA CHAMBER OF COMMERCE 78-275 Calle Tampico, #B La Quinta, CA 92253 Attn: Louise Lambly, President/CEO 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on 121 behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: 0 Title: Date: Exhibit A Scope of Services SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FISCAL YEAR 2007-2008 The La Quinta Chamber of Commerce shall provide the following services: A. Business Retention and Promotion B. The Gem Newspaper (12 editions) C. The Visitor's Center D. Annual Financial Review The La Quinta Chamber of Commerce shall provide a full audit every three years and an annual financial review report in non -audit years. A financial review will be required for fiscal years 2006-2007 and 2007-2008. A full audit will be required for fiscal year 2008-2009. Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Thirty Thousand dollars ($130,000.00) except as specified in Section 1.6 - Additional Services of the Agreement. • . 126 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. The La Quinta Chamber of Commerce shall provide the City with three written reports on its activities as required by this Agreement and on the Chamber's relocation efforts. These reports will be submitted in accordance with the following schedule: 1. First report — October 2007 2. Second report — January 2008 3. Third report — April 2008 12 Exhibit D Special Requirements None. .." . 12 • COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Authorization for Overnight Travel for the Assistant City Manager -Development Services and Two Management Analysts to Attend the International Council of Shopping Centers Trade Show in San Diego, CA on September 18-20, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Assistant City Manager -Development Services and two Management Analysts to attend the International Council of Shopping Centers Trade Show in San Diego, CA on September 18-20, 2007. FISCAL IMPLICATIONS: Costs associated with attending the seminar will be funded through Training & Meetings: 30% from General Fund, Account No. 101-1003-413-51.01; 35% from Project Area #1, Account No. 405-901-702.51-01; and 35% from Project Area #2, Account No. 406-9002-702.51-01. This conference registration will cost $260 per person. The breakdown of expenditures anticipated for this conference is as follows: • Conference Registration $ 780 • Hotel (2 Nights @ $240/night plus tax) 1,600 • Mileage/Meals 500 Total $2,880 CHARTER CITY IMPLICATIONS: None. :410.16111 ki I •L101 •Z•l9 MI:i911rPA 0..0 fl' 12 The International Council of Shopping (ICSC) is the global trade association of the shopping center industry. Its members include shopping center owners, developers, managers, marketing specialists, investors, lenders, retailers, and public officials. ICSC holds an annual "Western Division Conference and Deal Making" trade show and one -day expo, which had been held in Palm Springs for the past several years. Every year, the City sends several representatives to set up and work its booth at the expo as part of its economic development efforts. This year, ICSC has moved the trade show to the San Diego Convention Center, and has expanded the expo over two days. The conference/trade show description is included as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Assistant City Manager -Development Services and two Management Analysts to attend the International Council of Shopping Centers Trade Show in San Diego, CA on September 18-20, 2007; or 2. Do not authorize overnight travel for the Assistant City Manager -Development Services and two Management Analysts to attend the International Council of Shopping Centers Trade Show in San Diego, CA on September 18-20, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. OVans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material ATTACHMENT 1 /do Conference Deal Making San Diego, 3 114 apt 4. Conference Deal Making San Diego The Western Division Conference and Deal Making has moved from Palm Springs,to Son: Diego. This move has brought about many exciting changes to the program ogencI4 such as: + New exhibit hours + Double the exhibit hail size + New Program Format We have hotel properties througtout the city, and to help make your program experience easier,' shuttle service will be provided From these hotels lathe convention center daily, Pm sure you will find the San Diego Convention Center to be a great venue for this conference and San Diego's climate fantastic. I hope you are looking forward to these chonges.and this new experience, and I know we are looking forward to seeing you in San Diego! KEfTH EYRICH Western Division Vice President 1,0 L ;i-�,t 5=0 da JC'.^. B'r 393 :(: ;Ck_I r,G 9 Rif„0 tlP4','; 10:00 AM - Check In t 2:30 can - Shotgun start If you are interested in being a sponsor, please contoctMork McDonald at +l 858 410 3900, mo rkmcdonold0firstam. com. a:00 Am- Cf:�}�;n heck In if you are interested in being a sponsor, please contact Sy Perkolvitz at +l 562 628-8000, sperkowitzOprorchitects,com To register for any optional event, log onto www,lcsc.otrgi and click on Events & Programs to get a copy of the Sports Event Registration form, 5:00'- s.aa PM San Diego Convention Center Photo ID badges required for 2007 Western Division Conference and Deal Making Badges will be mailed out in advance for those who register and submit an acceptable pphoto by August 8, 2007. Go to the ICSC web site to register and submit a photo - http://www.icsc.org/2007ws a:00-8:00 PM (Note: Bodges are required for entry) 0R 13 to si r `'k E ii�A 'r 7:3eAM - 7= PM $:00 AM 6.00 PM Take this portunity to have a seat and talk about your deal: instead of :nandirtg in the hallway, There willlTe unassignediables andchairs available on a first -come, first -served basis. Have some coffee and make some deals in a comfortable environment created just for Kau_ NOTE: Badges are required for entry! R2> :1=3 V a t t t111b... Ita �xLIB 8:00 AM - 6:O0 PA The Retail Design Exhibit will showcase leading edge design Concepts for retail destinations. To register, log onto www.icsc.org and click on Events & Programs to get a copy of the Retail Design Exhibit Applieation, or, contact Lauren Glick, Perkowit;+Ruth Architects of +i 562 628 8030 for more information- §ci; anr_ iri-odul..Ho- tc, lit e 8.15 - 8;30 AM BILL ROSE, CSM t ICSC 2007 Western Division Conference and Deal Making Co Chair j iC$C Southern Coli£ormo State rations Co -Choir Managingg Director, Investment Sales HFF - Ho Way Fenoglio Fowler L.P. San Diego; CA NELSON WHEELER ICSC 2007 Western Division Conference and Deal Making Co -Chair '; Partner Strategic Retail Advisors Newport Beach, CA B€eot,f?S" n' Sa1::Is5 8.30 - 9:30 AM Jan this dynamic and interactive morning forum with industry peers in a roundtable format to discuss key issues in the shopping center industry, Over JOG Roundtable leaders will host tables and provide handouts on topics that focus on architecture, development, loosing, marketing operations, retail trends, site selection, Investment sales and capital maiketstrolegies, ii l^ri tw F°SSt nL?2 rf 9:36 - 1 o:Oa Am MiCHAEL P. KERCHEYAL President & CEO international Council of Shopping Centers New York, NY Yc°,r3rst�a ,�tw=�r+(iaii:�r. 10:60 - 11:00 AM Lessons from the future; the Consumers'. Future, is a Matter of Choice, Not Chance Futurist Wol#ggang Grulke presents a roller -coaster ride throe@h the coming revolution in consumer culture, mit boggling tec=logies and new business models. I - Speaker. WOLFGANG GRULKE CEO FutureWorld International Limited Gibraltar, South Africa •°.. 13 0 �11:00 - 12:00 NOON Mr. Grulke will moderate a panel of industry leaders to discuss how the ideas presented in his keynote address could take theshopping center experience into a whole new dimension, Moderator: WOLFGANG GRULKE CEO FutureWorld International limited Gibraltar, South Africa �rr,:icat. verve: 12:00 NOON - 1.00 PM Enjoy the traditional table -served luncheon, or, grab a box lunch on the deal making Floor. fNo Luncheon service after 3:00 pm) Lei JVt;Crt (i rl' RedaIio2i3 12:30 - 12:415 PM REX S. HIME President & CEO California Business Properties Association Sacramento, CA 1i ,' iOn x ;'(syyi, a rf l Ai,., i r 4 i3 �? � ;<'3 C , :� YI `t++ Str : t � a 12 00 NOON — 6:06 PM r �... i (Note: Badges are required for entry( iiiH Please see the Deal Making Booth Request Form for information and reservations. One booth per company will be offered on a First -come, first -served basis until all booths are taken. St(nssa' !2 ,Gpt� n 09 47m {w:y 5:30 - 710 PM {Notes Badges are required for entry) Make plans to rendezvous and enjoy some appetizers on the San Diego Convention Center Terrace overlooking sparkling Son Diego Bay. If you are interested in being a sponsor log onto www.icsc.argg and click on Events & Programs to get a COp of the Sponsorship Form; or, contact Bill Rose o f )41 F-Holliday'fenoglio Fowler LR at +1 85 552 7690 or brose@hfflp.com 7:OLi - 3-00 PM 8 k;�,sir.,- :xh(i::i1 Brsi1 8:00 - 9100 AM u,d "'read: .:xrs " c» 8;00 AM - 3-00 PM 12 N0ON - 1:00 PM '.`f ti dy ie r.-e A,<1 d'r:� 3;00 PM Advertising opportunities are available for the Western Division Conference and Deal Making. For more information, please contact Sally Stephenson at+1 8d7 835 1617 or via email at sstephenson@icsc.org. '2��F "V,,ti,J;+o✓iC0' Y Bill Rose, CSM ICSC 2007 Western Division Conference and Deal Making Go -Choir HFF —Holliday Fenoglio FowlerP. Nelson Wheeler ICSC 2007 Western Division Conference and Deal Making Co -Chair Strategic Retail Advisors Keith C. Eyr'rch CSC Western Division Vice President The Irvine Company Chris Wilson ICSC Southern CalffornlaStote Director Wilson Commercial Real Estate Marie Whitfield ICSC Southern California Program Committee Chair Donahue Schriber Karin Clark -Forman, Cal National Bank Christine Evans, Sudberry Properties Lauren Glick, Perkowitz+Ruth Architects Mark McDonald, First American Title lnsarance Company Sy perkowitz, Perkowitz+Ruth Architects ICSC" 2007 Western Division Conference and Dool Moking September 18.20, 2007 Cantgrence Deal Making San Diego Fax: +1 732 60A 1800 (Credit card registrations only), Online: www.icsc.org (Credit card registrations only) Mails ICSC RO.Box 26956 New York, NY 10087 - 6958 it'll ind5'S'i? tr s 1='sist fie: Advance On -Site Member*: $260 $325 Non -Member: $390 $450 *To qualify for a member fee, each registrant must be a member or an affiliate member of ICSC. To become on:CSC member, call ICSC information services at +1 646 728 3800. Photo 10 badges required for 2007 Western Division Conference All attendees and exhibitors are required to have on ICSC-issued color photo badge for access to the 2007 ICSC Western Division Conference, September 18-20 at the San Diego Convention Center, San Diego, Colifornio, Badges will be mailed out in advance for those who register and submit an acceptable photo by August 8, 2007. Go to the ICSC web site to register and submit a photo - http://www.icK.org/2007ws. Attendees will receive a complimentary copy of the book Dollars and Cents/Score 2006 ❑ Member* ❑ Non -Member ttir'..it ialw lgif I:i To be listed as a m d kmcfee, you must register by August S, 2000 . To x gaahfy for the advance registration fee, your regill ration most be received by September 10, 007. !::21'i4C r, All concelkrtions will be subjed'to a $25 cancellation fe , No refunds will be iven for cancellations received ar September 10, 007, All requests for refunds must be received by ICSC in wrifing. A black of rooms have been reserved for the Western Division Con{erertce and Deof Making at special rotes of several hotels in the Son Diego area. Use the followin kern fo secure hotel reservations through be'rez ravel Bureau; im, flSlal:'Wt The ICSC Travel Desk has secured special airline and cor discounts for attendees. For current Ices and i427 288) a$+1 585 A42 8956 from 8 C 4 amt to $10 pm EST, Monday through Friday - Anyone desiring an auxiliary aid far this meetin�g� should notify fauren tonclow, of +1 949 224 3830 no tiler than Augast 8, 20007 SCSM/UMCc I Credit, ClAb 1 Credit I authorize ICSC to send me announcements, via mail, fax, e-mail, phone or otherwise, about ICSC programs and services that may be of interest to me or my colleagues. CiN Stale/Province Zip/Postul Code C Email Address Your membership I D # ❑ Please check here if any of the above information has recently changed. 2007WS-A fill OF PAYMENT 11 Check or money order made payable to ICSC enclosed for $ ❑ MasterCard ❑ Visa ❑ AMEX ❑ Discover $ Credit Card Number (include all dip ts) Expiration Date fMo/Yr) Sep QUM& OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2007 BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for two Staff Members to Attend the California Chapter of the CONSENT CALENDAR: AaL American Planning Association Conference in San Jose, CA, September 30 to October 3, 2007 STUDY sEssloN: PUBLIC HEARING: Approve authorization for overnight travel for two staff members to attend the four - day California Chapter American Planning Association Conference in San Jose CA from September 30 to October 3, 2007. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-6001-415.51.01. This conference was budgeted in the 2007/2008 Fiscal Year Budget at $3,000. The breakdown, per person of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $450 • Travel/Meals 300 • Lodging 735 Total $1,485 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The four -day 2007 State American Planning Association Conference focuses on planning issues affecting local governments. Seminar information is included in Attachment 1. •.0 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the two staff members to attend the four -day American Planning Association Conference in San Jose CA from September 30 to October 3, 2007; or 2. Do not approve authorization for overnight travel for the two staff members to attend the four -day American Planning Association Conference in San Jose CA from September 30 to October 3, 2007; or 3. Provide staff with alternative direction. Respectfully Wbmitted, Planning Director �Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Conference Material � N III O R V I .A C kl .a l' I I R O I CkN 61 1 \I ,R I C�� \� P L •• I, 1!i p it t 4 art � 5�� ' ill _ 1 r IIII' , `tinf. . , r-? ■ 1 ppp all v uNe 2007. � I Afr 1! I i ll \\ a 77,f t I I J tic�l 74 I Y f t.r � I fir r�� l a{tno�� ,eP,G l (14PU `�4 , Y■I � ,t•'I=ate• G ASS0CIAT10 1 ' m Kul RANO C 6 1 xparience the vibrant downtown San Jose area and the surrounding Silicon Valleyl The 2007 California Chapter of the American Planning Association Conference will be held at the Fairmont Hotel in downtown San Jose. The Conference will include dynamic keynote speakers, over 100 conference sessions covering a wide variety of topics, eleven mobile workshops, a festive Opening Reception, California Planning Foundation Auction, Awards Luncheon, Leadership Reception, Consultant Reception, Diversity Summit, free student sessions and much more. The theme for the CCAPA 2007 Conference, "Transforming the Urban Fabric," and its associated patchwork quilt logo was selected to represent the vast array of diverse issues and specialties within the planning profession, as well as the many cross -professional collaborations and partnerships. We have compiled ten conference session "threads" that will help guide your selection on a certain topic: Climate Protection - SPF Rated, Designing the Canvas, Emerging Patterns, Health and Security Blanket, Planner's Sewing Kit, Seamless Transportation, Shelter from the Elements, Stitching It Together, Waterproofing the Fabric, and Weaving a Community Quilt. Check the Conference-c t-a- Glance and website for additional information on these threads. Please visit www.calopa.org for continuous up -to -dote conference, information. For additional question;,, please contact Lynne Bynder, CMP at the CCAPA Conference Office, Ibynder@meetingsxceptonal.com. CCAPA State Conference September 30 - October 3, 2007 Fairmont San Jose Hotel Keynote Speakers Carl Guardino Carl Guardino is the President and CEO of the Silicon Valley Leadership Group, a public policy trade association that represents more than 200 of Silicon Valley's most respected companies. In 2000, Guardino was named one of the "Five Most Powerful" people in Silicon Valley and he was recently honored as the national "Businessman of the Year." In February 2007, Governor Arnold Schwarzenegger appointed Guardino to the California Transportation Commission. Known throughout the region as a consensus builder, Guardino has championed a number of important issues, especially in the areas of transportation and housing. His transportation leadership include successful management of ballot Measures A and B in 1996 that funded 19 key road and rail improvements with $1.4 billion and co -management of a 2000 traffic relief initiative that will generate some $5.5 billion in local funds to bring BART to Santa Clara County as well as improve Caltrain and other transit improvements. As a housing advocate, he co -created the Housing Trust Fund which has raised more than $32 million in voluntary contributions; in 2002, he co -managed Prop. 46, the statewide Housing Bond generating $2.1 billior to provide 137,000 affordable housing opportunities, and co-chaired Prop. 1-C, the November 2006 statewide Housing Bond that generated an additional $2.85 billion for affordable homes. Norman Y. Mineta For almost 30 years, Norman Y. Mineta represented San Jose, first on the City Council, then as Mayor, and from 1975 to 1995 as a Member of Congress. Throughout that time, Mineta was an advocate of the burgeoning technology industry. He worked to encourage new industries and spur job growth, and he supported the infrastructure needed to accommodate the industry and its tremendous growth. Recognized for his leadership, Mmeta has received numerous awards, including the Presidential Medal of Freedom — our nation's highest civilian honor. Minela's career in public service has been both distinguished and unique. He brings a wealth of experience and insight from serving in Congress for over 20 years and the Cabinet of both Republica and Democratic presidents. Mineta is well known for his work in the areas of transportation — including aviation, surface transportation, and infrastructure — and national security. He was the primary author of the groundbreaking ISTEA legislation — the Intermodal Surface Transportation Efficiency Act of 1991. In 2000, Mineta was appointed by President Bill Clinton as the United States Secretary of Commerce. At the Department of Commerce, Mineta was known for his work on technology issues, for achieving international cooperation and intergovernmental coordination on complex fisheries issues, and streamlining the patent and trademark process. Mineta was appointed Secretary of Transportation by President George W. Bush in 2001, where he served until he joined Hill and Knowlton in July 2006. Following the horrific terrorist acts of September 11, 2001, Mmeta guided the creation of the Transportation Security Administration. F001311LfS WORKSHOPS 17anday, Oct=r 1 MW #1 - Livermore Downtown Revitzfization in Action Full Day MW #2 - Get Your Shop On: San Jose Market Center, Santana Row, and Westfield Valley Fair Destination Retail MW #3 - Baghdad -by -tile -Bay: San Francisco High -Rise Residential Projects and Affordable in Housing in in Green Projects Tazak , Oct"-r 2 MW #4 - Downtown Gilroy Reeks of Success Morning Halt Day MW #5 -A Walk Through Central San Jose Neighborhoods: Strong Neighborhood Initiative (SNI) Physical Improvements MW #6 - Does the Shoe RV Size 7 House on a Sae 6 Lot San Jose's Residential Design Tour MW #7 - Critical Coastal Study Area: Making the Land Use and Water Duality Protection Connection Tg=907, Octatzr 2 MW #B - Whets Going Down (and Up) in Downtown San Josd Afternoon Hall Day MW #9 - From Pervious Pavement to Living Roofs: Immerse Yourself In Design for Water Duality MW #10 - Downtown Mountain View: TOO not SUV MW #11 - San Jose Affordable Housing in Green M - [ M omen U �V� L�r TRANSFORMING THE URBAN FABRIC Is elm Sopiams> 30 I Student Awards Luncheon Diversity Summit and Roo, .andoy, ocbrbr 1 Opening Plenary Session: Cad Guardmo, President and CEO, Silicon Valley Leadership Group Poster Session Luncheon California Planning Foundation Reception aosday, octabsr 2 Awards Luncheon Leadership Reception Norman Y. Minsta. Vice i DI S Climate Protection - SPF Rated: Sustainability, Climate Change, Green Practices, LEED lundari September 30 Seven Steps to Planning Sustainability (Student Committee Selection) Smart Green Bustling = Green Smart Growth General Plans that Make a Difference leach%Bebdmr 1 California's Changing Climate (Part 1): AB32 and Reducing Your City's Carbon Footprint Cafsornia's Changing Climate (Part 11) The Ultlmate CEOA Cumulative Impact Land Use Connection to Air Quality: Indirect Source Review Programs Monetizing Sustainability: Turning Green into Green Green Industry: An Essential Thread in a Strong Urban Fabric ball", 0cbrbev 2 Retooling Suburbia: Planning Sustainable Communities in Marin and Beyond Making It Green: How Your City Can Develop a Sustainable Economy Greening the Entitlement Process: The Public Agency Response Palo Alto's Green Programs The Planner's Guide to Implementing Green Principles hol000deri Outdoor 3 Pasadena's Green Bustling Outreach and Education Program uesil iningine Canvas: hfegional manning, General Plans, Hegulatory loots, zoning a xim Saplember 30 How Blueprint Planning Can Help Graen Your Community Hillside Development and Open Space: A Balanced Strati for Landowners and the Community knderi OcitOer I Overlay Districts: A New Tool for Managing Urban Development Implementing a Regional Vision (Part 1): New Odentatlons to Transit -Oriented Development Implementing a Regional Vision Part II : Engaging the Local Response pads), dcbdor 2 Beyond the Visioning Process: State-wide Perspective on Regional Smart Growth Coyote Valley Specific Plan: A New Urban Fabric for San Jose Implementing Your Community's Vision with Form -based Codes El Torof the Great Park: Setting New Standards in Sustainabisty New Urbanism antl the Comprehensive Plan fadoadori ikE 3 Leave No Plan BehMd. Updating OPR's General Plan Guidelines Emerging Patterns: Smart Growth Development Trends LegaVLegislative Updates ladori tkkEa 1 Successful Infill Projects: Past, Present and Future (PEN Session) "Ground-TrWhing" Smart Growth and New Urbanist Developments "Hot" Planning Topics in the California Legislature Challenges and Changes in Redevelopment and Eminent Domain oaom debaser 2 Property Rights, Takings, and Exactions: A Legal and Practical Update for Planners Smart Growth and the Workplace Strategies and Resources to Unk Childcare and Community Development Transforming Military Bases to Sustainable Communities Transforming the Fabric to Urban onxim SWrkrmlee 30 1 Planning for Healthy Places: Chino's General Plan Update (Student Committee Selection) Connecting Urban Design and Public Health: A Heath Policy Element for Richmond, CA Land Use for the People? Planning for Health and Social Justice in Oakland wday, 0ctoba 2 Time for a Check-up: Understanding the Heal Impacts of Planning Building Smarter Together: How Planning and Public Health Can Work Collaboratively Planning for Fire Safety in California Communities Form -based Crime Prevention: An Evolution in Urban Design and Planning Let's Take a Walk! Trails to Smart Growth and Active Aging Planner's Sevvina Kit: Professional Skills_ Technnlnnv Tnnis Planninn Cnmmiccinnam Sunday, Soptomber 30 Developing Leadership In Young Planners (Student Committee Selection and CPR Session) What's Next? What Planning Students Need to Know (Student Committee Selection) What Do Elected Officials and Decisionmakers Want in Staff Reports? Staffing Trends: Making Contract Planners a Seamless Extension of City Staff Mitigation Measures: Implemented or Ignored? blonday, October 1 AICP Professional Development Seminar Planners on the Campaign Trall: To Endorse or Not Endorse Local Candidates Public Engagement Through Web 2.0 Professional Development: How to Move Your Career Forward nmadey, October 2 The Care and Feeding of Your Planning Commission (Commissioner Session) Mapping Tools for Workforce Development, Economics and Planning Street -Level Imagery: The Virtual Site visa Managing the CIIentfConsubant Relationship Weaving Ethics Into Planning Practice (AICP Code of Ethics) Time Mena errant for Harried Planners Memmo0ay, Oetobr 3 2007 CEQA Update: Some Things Always Change Seamless Trammortatian: Transit_ Street r)esinn Traffic Gnahisis Pertectrianc Parleinn Sunday, September 30 Road Ecology: New Approach in Transportation Planning The Missing Unk: Integrating Transportation and Land Use Planning (Student Committee Selection) Noreft October 1 Non -Traditional Transportation Improvements on State Routes Mythbusbng Common Traffic Calming Misconceptions Smart Parking for Smart Communities Measuring Up: Four Key Transportation Reforms for Improved Livability buddy, Oeleber 2 Breaking a Planning Taboo: CEQA Review without Automobile LOS Analysis Land Use Based Transit Planning Regional Transportation Mitigation Fees Putting Design in the Driver's Seat Pedestrian Improvements on a Budget Nedersoli October 3 If We Build It, Will They Ride It? Shelter from the Elements: Housing Elements, Residential Trends, Affordable/Inclusionary Housing lobby, September 30 The Great Wave: Urban Refugees Head for the Hills Getting Small: Living Efficiently and Affordably on a Small Planet (Student Committee Selection) MarWah October 1 Housing Element Update (Part I): Tailoring the Urban Landscape �— Housing Element Update (Part II): Shaping Your City's Future Santa Clara: A Market -based Approach to Affordable Housing Ownership bmdry, October Creating Green, Healthy Affordable Housing Tackling Neighborhood Blight From Problem Motels to Permanent Affordable Housing Gaining High Support for High Density Workforce Housing: What Is It? Can We Do It? Stitchina It Together: Public Partnershios. Collaborations. Neiahborhood Initiatives brnday, harbor 30 Change from the Roots: Planners and Neighborhood Associations Work Together Norway, October 1 Is California Ready for Complex Urban Development? Can't We All Just Get Along? Supersizing Public Agency Collaboration Partnerships and Smart Growth Lead to Successful Schools and Communities Planning for Childcare and Early Education: Where, How and Why? fula y, October 2 Getting On the Same Track: Partnerships in TOO Planning So Your RFP Asked for a Charrette and You Got a Charade? Las Vegas Arts District Planning - Successful Tactics _ Nedoccoft October 3 From Vision to Sustainable Transformation of San Francisco's Eastern Neighborhoods Monday, October 1 Restoring Urban Rivers (Part 1): Greener Visions of the Concrete Box Restoring Urban Rivers (Part II): The Los Angeles River Planning Water -wise Developments In California: Integrating Solutions for Multiple Benefits Urban Habitat Restoration: Challenges Facing Planners besday, October 2 Farm to City: Urban -Rural Unks in Agricultural Preservation Do No Pass Go, Do Not Collect $200 ... The Perils of a California Water Reuse Project Integrated Regional Water Planning in Califomia: State and Regional Perspectives California Flood Management Policy: Crisis or Opportunity? (CPR Session) Effective Community Engagement Through Watershed Councils Weaving a Community Quilt: Diversitv. Communities of Color. Accessibility Communitv Outreach koaft Mmber 30 What Is the State Doing About Environmental Justice? Nmomy, October 1 Cultural Element: Diversity, Outreach and Involvement in Planning When Projects Go South: Techniques for Resolving Planning Controversies Transportation Planning for Immigrant Communities in California Working with Native American Tribes: Consultation and Coordination Community Planning Process: Conducting Walking and virtual Tours lacift, October2 Participatory Planning and Pface-basetl Investments In Communities of Color Beyond the Community Workshop Navigating the Matrix: Planning and Site Design for Access Compliance Integrating Diversity Into Development Plans NomtoNsx October 7 Baby Boomers and the Urban Renaissance: Next Phase of a Unique Generation PLEASE REGISTER EARLY TO SAVE MONEYI Your name as it will appear on badge (all information must be complete for your registration to be processed). �Il n r r' m f' -� m t t Bfalltg 12i t� TRANSFORMING 'HE URBAN FABRIC ptember 30 - October 3, 2007 Fairmont San Jose Hotel tEGISTRATION UCP: ❑ YES ❑ NO First Name Last Name Title Address City Phone Fax Dietary Requirements ❑ Vegetarian ❑ Other State Zip Email APA MEMBER VERIFICATION: Please provide your APA or CCAPA Member No. STUDENT VERIFICATION: I certify that I am currently enrolled full-time. Student picture ID will be required for conference badge pick-up. Student Signature WOUSE7G'UEST NAME (if registered) School Date LIFE MEMBER: Year you became a member of CCAPA (must be a member for 25 years and minimum age 65) NEGISTRATION hire Conference registration includes all events except for mobile workshops. One Day Only registration includes meals only on the day registered. tegistration fees cstmarked or registered online PA/CCAPA Member By 7/31/07 $450 Entire Conference By 8131/07 After 8MI/07 or omits $475 $500 By 7/31107 $250 One Day Only By 8/31/07 After 9131/07 or ensite $250 $275 Total $ on -Member $525 $550 $575 $275 $275 $300 $ tudent $225 $225 $275 $125 $125 $150 $ fe Member $225 $250 $275 $125 $125 $150 $ 3eaker $450 $475 $500 $250 $250 $275 $ Circle day: Sun. Mon. Tues. Wed. did processing fee for EACH non -online registrations (Processing lee can be avoided by registering wi check or credit card online at www.calapa.org) $ 30 of a member yet? Become a CCAPA Chapter -Only member today for $115 and pay the APA/CCAPA member rate above. $ 115 SUBTOTAL REGISTRATION FEES: obile Workshops: Monday - Full Day ] MW #1: Livermore Downtown Revitalization in Action ] MW #2: Get Your Shop On: San Jose Market Center, Santana Row, and Westfield Valley Fair Destination Retail ] MW #3: Baghdad -by -the -Bay: San Francisco High -Rise Residential Projects and Affordable Housing in Green Projects obile Workshops: Tuesday Morning - Hag Day ] MW #4, Downtown Gilroy Reeks of Success ] MW #5. A Walk Through Central San Josh Neighborhoods: Strong Neighborhood Initiative (SNP Physical Improvements ] MW #6: Does the Shoe Fit? Size 7 House on a Size 6 Lot: San Jose's Residential Design Tour ] MW #7: Critical Coastal Study Area: Making the Land Use and Water Quality Protection Connection obile Workshops: Tuesday Afternoon - Half Day ] MW #8: What's Going Down (and Up) in Downtown San Jose ] MW #9: From Pervious Pavement to Living Roofs: Immerse Yourself in Design for Water Quality MW #10 Downtown Mountain View TOD not SUV MW #11: San Jose Affordable Housing in Green SPECIAL SESSIONS AND EVENTS Opening Reception (Sun.) $75 $ Breakfast (Circle: Mon. Tues.) $25 $ Lunch (Circle: Mon. Tues.) $30 $ Evening Reception (Circle: Mon. Tues.) $50 $ Brunch (Wed.) $50 $ Mobile Workshop - Full Day $50 $ Mobile Workshop - Half Day $35 each $ COMPLIMENTARY Events, please check if attending ❑ Student "COMPLIMENTARY" Day (Sun.) ❑ Diversity Summit and Reception SUBTOTAL OTHER FEES: TOTAL REGISTRATION AND OTHER Check payable to CCAPA Conference enclosed. Please charge $ to my ❑Mastercard ❑ Visa Exp. Date am Number # on back of card Signature caaiwNa matt lien .ere for us to Dmcass payment. EGISTRATION INSTRUCTIONS: Please complete the farm in due or black ink. Use a separate form for each registrant For inqu res regarding registration, please contact CCAPA at lessocemsn com. CANCELLATION POLICY: Cencellaeone moehoc by W31/07 will be fully refunded minus a S50 processing fee. NO REFUNDS AFTER 8/31/07. UBMIT YOUR REGISTRATION: To avoid L By Mall, by check eW w check to Other Important reg . Its. information: Duble billing, please use only one of the CCAPA Conference, 1333 Seth St., Sacramento, • Faxed or mailed regishabon with payment will not be accepted after 9/1 WD7 illowing registration methods. Make checks eyabie to CCAPA Conference. CA 95816 Additional $30 processing fee applies with this method of payment. (Sae above). , Online registration will remain open until WW07 at 5 00 pm On the Web, by completing our online form 3. By Fez with credit card to 928.438SC122. Additional $30 Ali regishatlom attar 9/2erW moat bdone onsrte e at www caiapa.org and using your clear card proceaamg fair apples with this method of payment. , No shows without payment will b be ed or check. $ave $30 pro, eessing fee when (See above) All Faxed, mmled or online registrations where payment has not been received you reyisbf onllnel l No purchase made. will bs accepted by 9/26 will be cancelled, and Wardlee will need sa reregister orals �(n-ram V� GOF COUNCIL/RDA MEETING DATE: ,July 3, 2007 ITEM TITLE: Denial of Claim for Damages Filed by Daniel Alexander, Date of Loss — December 2, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Daniel Alexander, with a reported date of loss of December 2, 2006. FISCAL IMPLICATIONS: The total amount of the claim is $450,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Daniel Alexander with a reported date of loss of December 2, 2006 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: .n 1 1. Deny the Claim for Damages filed by Daniel Alexander with a reported date of loss of December 2, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, AL Bret M. Plumlee, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Daniel Alexander, Claim for Damages FLEWMt: CLAIM FOR DAMAGES CRY CLERKS OFFICE CAyofLeowa TO PERSON OR PROPERTY P.O.891504 LaOWNkCA92253 _ WSTRUCTIM 1. Clabab(deaE,kftbpe W.OFID Wwd WpwVmudbetbdnatbbrtmnabrnm hev tieaommmice• (Gov.Cc&191t2) 2.O*miadem Mbtealpo *mudbegadrotWftnlyeere&tvsOw enm (Gay. Cede § 9111) 3. Read mdteda6nbrmbl=ft 4. SeePage2brdiapam"mwhkhbbwlePlaceotacdW 6. TWda1nbrmmudbedaredonpap2e1bobm 6. Abdrsepmabdeft fneae"M,bdnfddeWIL SIGNEACHWET. City of La Quinta Dani VkTTACHMENI ::� 2 RE FdR FMW STAMP r o rn CU�I Rb.—n --- v N JO -p 3 m oc v --i rn co Deb of 6ati Get 10-8-97 /minor HOW F FUW%R�Im% 760-342-6974 83105 Caribe Avenue Indio CA 92201 BusiiassTebphonaof(3e61ia<it bushes Ad&W Of Cbilm t N/A Gin addressandWgW*mnebarb**dfi—you lbdr n*esdraamnmdgtarsbbeseM ClaNrmdaSoda�Sea+rtyw Debra L. Hurst, Attorney, 401 West A Street, Suite 1825 San Die o CA 921 1 V&w#4DWAGEdrt4AWoomft Namesdmtydly«nployeeshvoNodmMJURYorDAMAC�E Dab: 12-00-06Tme: Unknown tQ*nLsbrE*WhWb ,91vedab d*wd served wlti tie aarpabd: Dab: a tug-- Z FAI/AM . mra atv mio Dssallie I &. mid boob on Qatlani On reY918a Blda tdS street 1Nliere approprfab• 9� imnias andadditssendme9slumlieiib6am La Quinta Park - baseball field p bdebph0WtAN—"(;EartJJWoopmod On Saturday, 12-2-06, Dan&61 Alexander wa playing tag with other children. They were playing on the baseball f, Daniel was in the pitcher/catcher area warming up - when he ran out o gate pushing it forward. The gate opens approx. 1/4 of the way when unexpectedly sppimgs back at you. .As Daniel was exiting out of the g gate sprung back at him hitting him in the face. Why da you aasn me cq is mrA-1 The gateas installed is not property designed/maintained and constitu a dangerous condition. Fractured occipital, fractured nose, deviated septum, lacerations, scars and need for future surgery. W-d I The amount d*W. as of the dab d presenladon of his claim, b olallpM as k ws: Damages in aW b dab (exact}: Edmabd prosnedm damages asfar as bavm: . Damagebprop ...................... E —0— Fubrew"mfa landhospgdcare.Eto be det Eq)erm for medW wd hospM cam ..... E iinknnwn Fubrebsscfeamtgs ....................E —0— Loss of eamkgs ...... :................. E —0— OBler fxogxm*e specW damages ..........E — 0 — Spacbl damages for ..................... E Prospective gmW damages ..............E $ 2 5 0 , 00 0 GenoWdamages ....................... $200, 0 0 0 Total esdmabd pave damages .......E Total damages mama b dab .......... E ToW mamtddmdasofdabofpresadationoftldsddm: $450$ 000 Was damagemdforkdwylmnwdtdbypoke? NO Nso,%Mdyt— Wemparemedlaacwb*mm d7 Na.nam *orambebrlce_ B slab dare, fma, name end address of doctor of your hNal *A aniel was transported to Eisbnhower Hospital. T frame Hama Name DOCTOR AND HOSPITALS: HospN Eisenhower Hospitalddress Docbr Address Doctor Address phone Phone Ptaae FM CARMUY FaMaoddenldaYnsgeceanblowigdlagpamromadshaefshwludlnAHoAr ' eatladbyWrodbodmofy=Wayowv*kbdte&ftd owddat EaaLBout kWWestirrdasleplaceofaoddadbylrandbyshowln MM by'8-1'enduiepoKo(kr adbyW nnbaiaadisbmmbdmdransm rClyvdi*was kff* Imig * by MWWbcdmdC%fVebkbwtmyou fzd awkandbvVbcdmdymuff NOTE: Idagard6Aawdonotktfiad6w6on ebchbnMoapnpa am ayaawelddewhanya&dwwCF4Vdd*bcadmoflNyawe dim d abnedbydakat SIDEWALK CURB PARKWAY SIDEWALK 7 � c Debra L. Hurst — At for Claimant Daniel ai —..a,... CURB 5-31-07 ._a. 1 X4DT" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE- July 3, 2007 ITEM TITLE: Authorization for Overnight Travel for Two Members of the City Council to Attend the League of California Cities Mayors and Council Members Executive Forum to be Held July 25-28, 2007 and One Member of the City Council to Attend the League of California Cities Board of Directors Meeting to be Held July 28-29, 2007 in Monterey, California RECOMMENDATION: BUSINESS SESSION: _ CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for two members of the City Council to attend the League of California Cities Mayors and Council Members Executive Forum to be held July 25, 26, 27, and 28, 2007 to be held in Monterey, California and one member of the City Council to attend the League of California Cities Board of Directors Meeting to be held July 28, and 29, 2007 in Monterey, California. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 470 Travel $ 475 Hotel $ 950 Meals $ 375 Total $2,270 TOTAL (for 2) $4,540 Funds for this conference attendance will be allocated in the proposed Fiscal Budget 2007/08 in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01) M.D. 1411, CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities is offering a Mayors and Council Members Executive Forum in Monterey, California, July 25, 26, 27 and 28, 2007 (Attachment 1). This event will focus on key city issues and current hot topics such as the housing, ethics laws and principles, and communication. Mayor Adolph and Council Member Henderson have expressed an interest in attending this meeting. The League of California Cities Board of Directors meets four times during the calendar year (Attachment 2). The July 28, and 29, 2007 meeting is the fourth meeting of the year and Council Member Henderson will) be attending. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for three members of the City Council to attend the League of California Cities Annual Conference to be held July 25, 26, 27, and 28, 2007 in Monterey, California and one member of the City Council to attend the League of California Cities Board of Directors meeting to be held July 28, and 29, 2007 in Monterey, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant 2 0.0 14 r Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Announcement -- League of California Cities 2007 Mayors and Council Members Executive Forum 2.. League of California Cities Board of Directors 2007 Meeting 2 ._e 1 �< LLEAGUE OF CALI FORN IA CITIES ATTACHMENT 2007 Mayors and Council members Executive Forum &Advanced Leadership Workshops Wednesday, July 25 - Saturday, July 28, 2007 Monterey Conference Center EE Sign up for one of the Mayors and Council Members Academy Advanced Leadershil Workshops immediately following the Executive Forum. Mayors and Council Members Executive Forum and Advanced Leadership Workshops Registration/Events The full registration fee includes program materials, Wednesday's dinner at the Monterey Bay Aquarium, two breakfast meals (tickets required), Thursday lunch, and the Thursday Caucus' reception. Registrations received online by Tuesday, July 3, 2007, will also receive a $20 discount coupon to be used at the CityBooks bookstore. Full payment must accompany registration. Register online at www. cacities.org/events. If you have questions, please contact Conference Registration at (916) 658-8291. Guest/Spouses Guest/spouses of registered attendees, who are not city or other public officials or vendors to cities, may purchase a spouse/guest registration for $200. This fee includes attending any session of the conference, all meals, the Thursday reception, and admission to the Monterey Bay Aquarium dinner. Individual tickets for the Monterey Bay Aquarium dinner will be available at the Registration desk for $100 each. Airlines We invite you to visit the new Enhanced Local Government Airfare Program located at www.cacities.org/travel. Hotels Directions to Monterey Conference Center For a map to the location, please visit www.mapquest.com From Northern California: Take Highway 101 South to Highway 156 West to Highway 1 South exit at Pacific Grove/ Del Monte Avenue. Continue down Del Monte Avenue for 1.5 miles, staying in the left lane. Stay to the left past the fork following downtown signs (not going through the tunnel). The conference center is located in Portola Plaza two blocks from the fork. From Southern California: From Highway 101 take the Monterey Peninsula Exit, which will bring you to Highway 68. Travel on Highway 68 to Highway 1 South. Take the first Monterey exit. Tom right at the first stop light (Camino Aguajito) and continue until it dead -ends. Tom left on Del Monte Avenue and stay to the left past the fork following downtown signs (not going through the tunnel). The conference center is located in Portola Plaza two blocks from the fork. Portola Plaza Hotel Monterey Marriott Hotel Hotel Pacific 2 Portola Plaza 350 Calle Principal 300 Pacific Street Monterey, CA 93940 Monterey, CA 93940 Monterey, CA 93940 Valet parking $17/day, self -parking $14/day Valet parking $18/day Parking $15/day Please refer to the hotel reservation form for ruore details 0.0 , I Mayors and Council Members Executive Forum Preliminary P PLEASE NOTE, Session times, titles, and topics are subject to change egts#raftdtr t�A Cityks open...... i(kE10a,�n-5�i pm,, 0 his deloomitesibmi is�E►— t5ptit. ticome and Opening Remarks esident Tony Ferrara, Mayor, City of Arroyo Grande ide to Stick tip Heath is a Professor of ganizational Behavior in the aduate School of Business at mford University. His research amines why certain ideas, ranging ,in urban legends to business ategy myth., survive and prosper in a social marketplace of ideas. These aturally sticky' ideas spread without temal help in the form of marketing dollars, PR assistance, the attention of leaders. Chip is the co-author of Made to ck: Why Some Ideas Survive and Others Die. His work has en noted in The Washington Post, Business Week, and Vanity ir. He has appeared on NPR and National Geographic. n us for this exciting Opening Keynote lecture, and buy s top selling; book, at the special CityBooks sale and Ming event. e Importance of City Manager Evaluations ceive information that will improve the city manager's aluation process. The discussion includes strategies for st practices, individualized work plans, and necessary teria for inclusion. The panel will deal with facilitated vs. uncil-driven evaluations, feedback from the city manager council, and how to provide clear direction to the manager the organizational goals and city council goals. rderator/Speaker: Gina Garbolino, Mayor Pro Tem, City of Roseville eakers: Dr. Bill Mathis, President, Mathis and Associates, Napa Craig Robinson, City Manager, City of Roseville aening Municipal Buildings am how you can incorporate green and energy efficient itures into your new or remodeled municipal building. scover how to reduce energy costs, incorporate sustainable itures, save money and help to save the planet by going een in municipal buildings. oderator. Sidney F. Tyler, Jr., Council Member, Pasadena eaker: Barry Giles, Building Services Engineer and Leadership in Energy and Environmental Design (LEED) Faculty, Moss Landing t in Public Places scover the value of art in public places. What should it ? Where should it be? How should it be funded? Should :ity have a public art policy or master plan? Find out these swers and what art can do for your city. Weaken Barbara Goldstein, Public Art Director, City of San Jose Using Eminent Domain in the Post KelolProp 90 Era In the wake of the U.S. Supreme Court decision in Kelo v. New London, the topic of eminent domain and the prospective reforms hive become critical issues to cities. How does the eminent domain process work with respect to individual homeowners and small businesses? Listen to an update on current efforts to reform eminent domain and the implications for future use of eminent domain, then decide for yourself how your city should proceed if eminent domain issues arise. Speaker. John Shirey, Executive Director, California Redevelopment Association, Sacramento Planning Public Forums The increasing need to involve community voices in local planning and policymaking has generated a growing array of options for public engagement. This session will present the Institute for Local Government's new publication Planning Public Forums: Questions to Guide Local Officials, and a panel of local elected officials offering insights into effective civic engagement. Speakers: Terry Amsler, Program Director, Collaborative Governance, Initiative, Institute for Local Government, Sacramento Lynne Ashbeck, Council Member, Citv of Clovis Join your colleagues at this strolling dinner event in one of the most exquisite settings. NOTE: Spouselguest fee for the entire meeting is $200. Monterey Bay Aquarium dinner fee is $100. Guest/spouse badge must be purchased in advance and will not beavailable at the door. Please refer to the registration form for details. 0.0 M O Z m D 11 Mayors and Council Members Executive Forum Thursday, July 26, 2007 PLEASE NOTE: Session times, Regilstrationilpert -..... *:3*ark -4 pint CttJrl#OOks tJpQte 1 q^. *00 P-0, drat �es�an__ — " BAD atn; Dealing with State Housing Mandates Most cities in California will need to rewrite their housing element in the next two years. Legislation adopted in 2004 has imposed rigorous standards to determine if cities have zoned enough sites for affordable housing. This session will explore requirements for adequately zoned sites, strategies that can be used now to create enough sites, and current legislative proposals for more housing mandates. Speaker. Bill Higgins, Legislative Representative, League of California Cities, Sacramento These discussion groups offer an opportunity to meet your eity's needs. Choose a group to discuss the housing issues that most affects your city. Affordable Housing and Market Rate Housing This eye-opening discussion will include housing experts and developers on hidden questions regarding affordable and market rate housing that can save your city millions. (Provided by the Latino Caucus) Facilitator. Ruben Islas, President and Chief Executive Officer, Amerland Group Obligations Under the Law for Housing This: discussion will focus on the legal aspects of affordable housing and what the state mandates. Facilitator: Barbara Kautz, Attorney, Goldfarb & Lipman, LLP, Oakland NIMBY Housing Issues and Community Involvement Not In My Back Yard (NIMBY) is often heard regarding affordable housing issues. Join in a discussion on how to win over the public. Facilitator: Steve Sanders, Interim Director, Land Use, Housing, and Environment, Institute for Local Government, Sacramento Small Cities Housing Issues Small cities have unique challenges implementing state mandated housing issues. Join in a discussion to explore issues with peers from smaller cities. Facilitator: Steve Patek, Director of Public Works, City of West Sacramento Housing Examples of What Has Worked Discuss what has worked and not worked in your city regarding affordable housing and state mandates. Facilitator: Robert Muehlbauer, Neighborhood Improvement and Housing Manager, Community Development Department, City of San Mateo are u"eai uto6' "'n _ _ Roan • 2100 p.m, National league of Cities Update The National League of Cities is a great resource and networking tool. Learn how you can get involved and how critical it is for our influence on federal issues. Speakers: Pat Eklund, Council Member, City of Novato Chris McKenzie, Executive Director, League of California Cities, Sacramento Itaotme+it Sess .. _ ~ Amtpd 2�0 y 3Ot5 1m. ; Anatomy of it Corruption Prosecution What happens when local officials become the target of a corruption investigation? How does the corruption get the attention of law enforcement authorities? How do they investigate and what happens when the case goes to trial? What happens afterwards? Answers will be given to these and other questions during this session. Moderator. JoAnne Speers, Executive Director, Institute for Local Government, Sacramento Speaker. Patrick K. Hanley, White Collar Criminal Defense Specialist, Law Offices of Patrick K. Hardly, Sacramento Disaster Planning and Animal Sensitivity Natural disasters and other crises require having planning procedures. The planning and preparation stage should take into account pets, livestock and other animals. This session will provide insights for the execution of the plan during a disaster. Speaker. Dr. Jayna Karpinski-Costa, Veterinary Doctor and Council Member, City of Citrus Heights City of Sacramento Representative invited America in Bloom Since 200L America in Bloom has encouraged and helped over 130 communities across the United States improve the quality of life for residents and visitors. From the majestic snow-capped mountains to the crashing of the sea, California is unique and so is your city. Discover how this program, America in Bloom, can apply to your city. Moderator. Tony Ferrara, Mayor, City of Arroyo Grande Speakers: Jim Bergman, City Planner, City of Arroyo Grande Bob Lund, President, Village Improvement Association, City of Arroyo Grande In the Mayor's Hot Seat! This session will provide new or future mayors with an understanding of their role as mayor. Learn the keys to conducting a successful council meeting, how to handle disruptive citizens, how to chair the meeting yet give your own opinion, how to handle discourteous council members, the mayor's: role as a leader and much more! Speakers: Jim Gray, Mayor, City of Roseville Don Kurth, M.D., Mayor, City of Rancho Cucamonga ,.n 1 Mayors and Council Members Executive Forum Thursday, July 26, 2007 oct r reat $essulas - Round t toot _ ._ :Uo �-ilt p.m„ , lifornia's Ethnic and Gay, Lesbian, I sexual and Transgender Media n expanding array of print and electronic media we California's ethnic, as well as gay/lesbian residents, d provide important communication between city lls and these communities. This session will discuss growing influence of these media on local elections, vemance and civic engagement in California communities. eaker. Sandy Close, Founder and Executive Director, New American Media, San Francisco Selected Editors and Media Reporters also invited cabled Access Construction Requirements plain the roles that cities play in enforcing disabled access Iuirements with both private and public construction ojects and define how these roles differ under the ADA d state law. Practical advice and recommendations will be iered in how cities can avoid common pitfalls and mistakes applying these complex and sometimes confusing as, including how to establish effective procedures and forcement techniques. Beakers: Christopher Raker, Mayor, City of Mill Valley Kim Blackseth, Disabled Access Consultant, KRBlackseth Interests, Inc., Oakland Gregory Stepanicich, City Attorney, Cities of Mill Valley and Fairfield, Richards, Watson & Gershon, San Francisco ssica's Law and Impact on Cities oposition 83, "The Sexual Predator Punishment and rntrol Act: Jessica's Law;' was passed by over 70 percent California voters in November last year. Proposition makes several changes to current law relative to sex fenders and sexually violent predators, and ventures into chartered legal issues. It also faces several chaptering inflicts with recently passed legislation. Learn about the !y components, similar legislation, possible legislative fixes, id how the new law will affect your city. ,eaken Suzanne Brown -McBride, Executive Director, California Coalition Against Sexual Assault, Sacramento ood Control: Planning for the Future to Protect Your Residents am nuts and bolts information and advice to plan ahead id avoid building in flood prone areas or mitigate potential ipacts from floods. Become updated on legislative and gulatory issues related to flood control. reakers: Kyra Ross, Legislative Representative, League of California Cities, Sacramento Terry Rivasplata, Environmental Planner and Technical Director, Jones and Stokes, Sacramento blies, and topics are subject to she nge Local Ballot Measures and Successful Campaigns This session will provide the do's and dont's of successful local ballot measure campaigns in California. Proposition 218, referendum and initiative are some of the considerations. You will learn about winning, trends in sales tax, utility user tax and how to get these measures passed by the voters. Speakers: Mike Madrid, Public Affairs Director and Consultant, League of California Cities, Sacramento John Fairbank, Principal, Fairbank, Maslin, Maullin & Associates, Santa Monica Catherine Lew, Lew Edwards Group, Oakland Communicating During a Crisis This intensive, highly interactive, and very practical workshop reveals the real agenda behind the news. Discover techniques used by network professionals, how to generate positive media exposure, and how to reduce the negative effects of any crisis. Moderator. Tony Ferrara, Mayor, Arroyo Grande Speaker. Robb Gandy, Emergency Management Coordinator Instructor, California Specialized Training Institute, San Luis Obispo Developing Outstanding Youth Commissions I Many towns and cities have established commissions to involve community youth in local government and policymaking, with a range of results. Discuss different models and essential strategies for recruitment, staffing, and effectively adding youth voices to discussions of local issues. Moderator. Terry Amoler, Program Director, Collaborative Governance Initiative, Institute for Local Government, Sacramento Speakers: Leslie Fritz, Director of Education, California Parks & Recreation Society, Sacramento Rachael A ntrobus, Executive Director, San Francisco Youth Commission, San Francisco Jeri Fujimoto, Supervisor, Youth Development and Advisor to the San Carlos Youth Advisory Council, SanCarlos Mobile Home Parks Issues Some mobile home parks are being converted from "seniors only" to family parks. What can your city do regarding these conversions and maintain enforcement of the State's complex mobile home regulations? Address remedies provided under the Mobile Home Parks Act and discuss other options available to cities: such as, the city's municipal code, the California Mobile Home Residency Law, and local rent control ordinances. Moderator. Kathryn McCullough, Council Member, City of Lake Forest Speaker. Steve Quintinilla, City Attorney, City of Rancho Mirage �i�_tiec �+¢;fit tbm, It's time to unwind. Mingle with friends from the Latino, African American, Asian and Pacific Islander, and Gay, Lesbian, Bisexual and Transgender caucuses and colleagues while enjoying appetizers before having dinner on your own in beautiful Monterey. Refer to the registration form for options to join each caucus. Mayors and Council Members Executive Forum Friday, July 27, 2007 ri�strvoit aessmnnn:es,unes, Cf1y�O0ks Open _ $:3R a,tA: • �� t��. Mayors Anti Cm"afi Member%; ' -- 7; 6twqnwi; Depadtnen#Bmsiness Wresting �taaltia5t . Enjoy a full buffet breakfast while taking care of business. Agenda includes legislative updates and the Mayors and Council Members Academy Leadership level recognition ceremony. Presiding: President Tony Ferrara, Mayor, City of Arroyo Grande Connecting with the American Community During the past twenty-five years, Matthew Dowd has helped shape strategies and campaigns for CEOs, corporations, foundations, governments, candidates, and presidents. He is a founding partner of Viallovo, an international communications and brand positioning firm. Matthew's recent political work includes serving as the Chief Strategist on two winning re- election efforts. His innovative approach and leadership on the 2004 presidential campaign led the bi-partisan American Association of Political Consultants to name him Pollster of the'Year. i*GnGutreni ... s. _ 1�mbxk Sonloo' ' " laws ........ 'ti ti m 0-15 p.m (momlahn two hours) State law requires elected and appointed officials to receive trainingin specified ethics laws and principles every two years. Newly elected and Im appointed officials must receive this training within one year of enteiing public service. This session will satisfy that requirement for registered conference attendees. Speaker. JoAnne Speers, Executive Director, Institute for Local Government, Sacramento This session will provide an opportunity for coastal cities to hear the latest about the League's new Coastal Cities Issues Group, share experiences of best practices and successful experiences in working with the Coastal Commission, as well as learn about the origins and implementation of the Coastal Act. Moderator. Jere Melo, Chair, Coastal Cities Issues Group and Council Member, Fort Bragg _ ........... ttk15—#t am. Yog. When is your city required to comply with GASB 45? How will compliance affect your city's budgets, financial reporting, and overall financial health? Gain answers and information including compliance requirements; such as funding options, financial reporting, timelines, what other cities are doing, and much more. Speakers: Robert Homaday, Senior Vice President, Keenan & Associates, San Clemente Robert Locke, Finance Director, City of Mountain View Kenneth Marizon, Assistant Executive Officer, Actuarial and Employer Services Branch, California Public Employees' Retirement System, Sacramento 2007 Mayors and Council Members Academy Advanced Leadership Workshops Monterey Conference Center, Monterey, California • Separate Registration Fee Required - $295 Workshops are Friday, July 27,1:30 — 5:00 p.m. AND continues to Saturday, July 28, 8:30 a.m. —Noon Please Select One Workshop development: Building Better Communities (Friday) and onomic Development For Cities (Saturday) ring the firs) day, learn the fimdamentals of redevelopment: W your agency can and cannot do and how redevelopment is anted. The second day focuses on economic development for tes. How can redevelopment be put to work to build better communities? This workshop will be especially relevant and useful for council members who are relatively new to redevelopment and would like an understanding of eir roles as redevelopment agency board members. You ill also learn what your agency can and cannot do; how operty tax increment works; how redevelopment projects e financed; and the overall economic impact of local vestment decisions. any of the major gains in employment opportunities, indards of living, and community vitality that Californians ,ve enjoyed in the past century can largely be attributed economic development. Tax base expansion, job ,velopment, and business retention are just a few of the vorable outcomes that have ensued from local economic velopment advocacy and education. Learn what you n do in your city to improve the quality of life through onomic development. :development Workshop Leaders John Shirey, Executive Director, California Redevelopment Association, Sacramento Jack T. Nagle, Partner, Goldfarb & Lipman, Oakland Mark Curran, Managing Director, Piper Jaffray Public Finance, San Francisco ;onomic Development Workshop Leaders Wayne Schell, President and Chief Executive Officer, California Association for Local Economic Development, Sacramento Len Augustine, Mayor, Vacaville Kathy Millison, City Manager, Clovis Audrey Taylor, President, Chabin Concepts, Chico ..... ... Wotksk4P2 .... . Fiscal Responsibilities of Elected Offic As a trustee of the city, you have a sf and serious obligation to safeguard the fiscal assets of the public. Do you know how to best carry out this responsibility? Do you know the right questions to ask:Do you know what to look for in financial reports to determine if things are fiscally sound? Do you know how to identify trends? Come to this workshop for practical answers. Workshop Leader. Len Wood, President, Len Wood and Associates, Rancho Palos Verdes SpeakEasy's Survival Spanish for Elected Officials Do you speak English perfectly? Probably not. Consequently, you don't have to speaklSpanish perfectly either. This program will have participants speaking Spanish immediately. A few simple words and phrases go a long way towards building rapport. Designed for adults with no previous experience, the program will build skills quickly and with confidence. The focus is on communication, not grammar and old-fashioned conjugation. Workshop Leader. Myelita Melton, President of SpeakEasy Communications Myelita Melton, President of SpeakEasy Communications has studied languages since adolescence. At 17 "Lita" entered the prestigious Institutor de Filol6gica in Saltillo, Mexico. Her teaching ability was nationally recognized in 1989 when she was awarded a prestigious Rockefeller Scholarship and used it to produce a documentary film in Europe for PBS. In 1994, she was named Who's Who Among Outstanding Americans. As an educator, Myelita continues to be a consultant to community colleges, corporations, associations and government organizations. W .O 10 I LrE AIG U E CITIES 1400 K Street, Sacramento, CA 95814 www.cacities.org 07 Mayors and Council ambers Executive Forum \dvanced Leadership Ashops inesday, July 25 - irday, July 28, 2007 lterey Conference Center ising and Registration idline: Tuesday, July 3, 2007 7 Mayors and Council nbers Executive Forum Advanced Leadership kshops Be ways to Register ,ter online at www.cacities. ;vents. Registrations completed e by Tuesday, July 3, 2007, eceive a $20 discount coupon used at the CityBooks store. ax the enclosed registration to the League of California s at (916) 658-8220. nail the form and check to the ue of California Cities,1400 K A, Sacramento, CA 95814. PRSRT STD U.S. POSTAGE PAID PERMIT NO. 1022 SACRAMENTO,CA Cities minis Shaping California's Future Save the Date! Join us in Sacramento, September 5-8, 2007 for the League's Annual Conference. Registration opens in May 2007. 2007 Mayors and Council Members Executive Forum and Advanced Leadership Workshops Wednesday, July 25 - Saturday, July 28, 2007 • Monterey Conference Center, Monterey Register Online and Receive a $20 CityBooks Coupon Registration Forms Must Be Received By Tuesday, July 3, 2007 After this date, please register onsite. gister online by going to www.cacities.org/events Caucus Annual Dues (Optional) (and receive a CityBooks coupon); Latino Caucus _ $100/year OR fill out this form. Asian/Pacific Islander _ $100/year African American Caucus _ $100/year ase enter your name and title as they should appear on GLBT _ $100/year tr name badge and registration. Please indicate guest/ ,use's name if attending (if guest/spouse is not a public Subtotal $ :ity official). Please complete one form per registrant: ime Title Executive Forum (Wednesday — Friday) City Officials/Public Agencies _ @ $470 [dress where confirmation is to be mailed contracted With cities All Others _ @ $560 Spouse/Guest Fee' (includes Aquarium) _ @ $200 ty zip code Monterey Bay Aquarium only' _ @ $100 Subtotal $ 'Note that it is inadvisable to use city funds to pay for spouse registration. lephone Fax See 75 Cal. Op. Afry Gen. 20 (1992). Cwsuft with your city attorney for more information. ) ( ) Advanced Leaidership Workshop (Friday — Saturday) nail for registrant ouse /Guest Name (additional fees apply) tstration badges must be worn at all times during conference. It is your meal and events ticket. Single d rickets will not be available for sale. Events include: • Dinner at the Monterey Bay Aquarium • One breakfast, one lunch and reception If you require special accommodations related to facility access, communication and/or diet, please contact our Conference Registrar at (916) 658-8291. (went Information: .ck, money order, Visa or MasterCard are accepted. If you e questions, please contact Conference Registration at (916) -8291. If paying by check or money order, please mail to: League of California Cities 1400 K Street, Sacramento, California 95814 )TE: One day registration is not available iTE: All cancellations must be submitted in writing I are subject to a $50 processing fee. No refunds will be art for cancellation requests received after Wednesday, / 11, 2007. Substitutions can be made on site. Select Only One Redevelopment/Economic Development _ @$295 Fiscal Responsibility _ @$295 Survival Spanish _ @$295 Subtotal $ Subtotals: Caucus Annual Dues Executive Forum Leadership Workshop Grand Total $ Registration in not complete until full payment is received. If payingby credit card please fax your registration form to (916) 658-8220. CityBooks coupon not available with fax/mail registration. ❑ MasterCard] ❑Visa Cardholder Name Credit Card Number Expiration Date J Authorized signature •_0 11 ATTACHMENT LEAGU E 1400 K Street, Suite 400 . Sacramento, California 95814 OF CAI F E Phone: 916.658.8200 Fax: 916.658.8240 CI T I E S www.cacities.org BOARD OF DIRECTORS FUTURE MEETING DATES 2007 February 9-10, 2006 Oakland Claremont Hotel May 16-17, 2007 Sacramento Sheraton Grand Hotel [in conjunction with Legislative Action Days] July 27-28, 2007 Monterey Monterey Marriott Sept. 5-8, 2007 Sacramento (date not yet decided) (location TBD) Nov. 30-Dec1, 2007 Location not yet decided (location TBL) -p . 15 a Q' owCtD _s COUNCIL/RDA MEETING DATE: July 3, 2007 ITEMTITLE: Approval of a Contract between Emery Landclearing and Grading, LLC and the City of La Quinta, for Demolition and Recycling Services at the Agency -Owned 19.9 acre Commercial and Residential Site along Highway 111 (APN # 649- 030-016 and 017), and the Appropriation of $36,000 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _Z STUDY SESSION: PUBLIC HEARING: Approve a contract between Emery Landclearing and Grading, LLC and the City of La Quinta (Attachment 1) and appropriate $36,000 of AB 939 funds to underwrite demolition, recycling, dust control, and authorize the City Manager to execute the Agreement subject to any final modifications approved by the City Manager and City Attorney. FISCAL IMPLICATIONS: Approving this contract will result in the expenditure of up to $36,000 of AB 939 Funds from Account No. (221-0000-290.00-00) available fund balance reserves as follows: • Base Contract $33,000 • Contingency 3,000 • Total $36,000 CHARTER CITY IMPLICATIONS: Because City funds are being used on this project, the contract is not prevailing wage. BACKGROUND AND OVERVIEW: The La Quinta Redevelopment Agency purchased a 19.9 acre site along Highway 1 1 1 (APN # 649-030-016 and 017) with improvements in March 2007, for the purpose of developing affordable housing. The Agency anticipates disposing of the northerly portion of the property which is not suitable for affordable housing due to its proximity to Highway 1 1 1. The site is now vacant and several physical conditions exist that ._s need immediate attention, including a large empty concrete swimming pool, an empty and non -secured block building, dead trees and brush piles, and scattered debris from the abandoned trailer park. With the Agency now in ownership and control of the site, staff has made preparations for the demolition and recycling activity. Asbestos testing and reporting has been completed and a proposal for demolition and recycling activities secured. Emery Landclearing and Grading, LLC has visited the site with staff and has reviewed and identified the required work program. The Agency has contracted with Emery for similar services in the past at Vista Dunes Courtyard Homes and Dunes Palms Road. At the Dune Palms Road project, they demolished and recycled concrete swimming pools, concrete site walls, brush and dead trees, and vacated structures. Staff has been very pleased with their work, performance and professional business ethics. On multiple occasions in competitive bid conditions, Emery has been the low bidder. The cost of services provided in this proposal is $33,000, before the $3,000 contingency, and is consistent with what they have charged in the past. As this amount exceeds the City Manager's contract authority and given the urgency to secure the site, staff is requesting the City Council approve this contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a contract between Emery Landclearing and Grading, LLC and the City of La Quinta and appropriate $36,000 of AB 939 funds to underwrite demolition, recycling, dust control, and authorize: the City Manager to execute the Agreement, subject to any final modifications approved by the City Manager and City Attorney; 2. Do not approve a contract between Emery Landclearing and Grading, LLC and the City of La Quinta; or 3. Provide staff with alternative direction. Respec Ily submitted, DouglaVK Evans Assistant City Manager — Development Services Approved for suss' by: Thomas P. Genovese, City Manager Attachment: 1 . Emery Contract .a 16• AGREEMENT THIS CONTRACT, by and between the CITY OF I -A QUINTA, herein referred to as "City" and Emery Landclearing and Grading, LLC, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. 2007-J1 Highway 111 (19.9 acres), in the City of La Quinta, California pursuant to Contractor's Proposal, Scope of Services and Specifications, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Proposal be in conflict with the Scope of Services, Specifications or this Contract, then the provisions of said Contract, Scope of Services, Specifications shall be controlling, in that order of precedence. The time frame for construction work shall be completed within 45 days of the execution of this contract. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 30 consecutive calendar days completion time period. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Proposal, the base consideration Thirty Three Thousand Dollars ($33,000). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor acknowledges that this is a non -prevailing wage project. 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications, the cost of which shall be paid by Contractor. Contract Agreement Emery Landclearing and Grading Highway 111 Property 8. Contractor shall defend, indemnify and hold harmless the City, the La Quinta Redevelopment Agency (Agency), its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City or Agency) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's or Agency's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's or Agency's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City and Agency satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City and Agency as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self- insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to Agency $500.00 liquidated damages for each such breach committed under this contract. 11. This Contract shall not be assignable by Contractor without the written consent of City. •�Ip J Agreement j-2 Contract Agreement Emery Landclearing and Grading Highway 111 Property 12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 13. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City or Agency except to the extent permitted by law. 14. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 15. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the: Contract. 16. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 17. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 18. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Agreement j-3 Contract Agreement Emery Landclearing and Grading Highway 111 Property IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. ATTEST: Veronica J. Montecino, City Clerk APPROVED AS TO FORM: M. M. Katherine Jenson, City Attorney Dated: Dated: &031WW By: Thomas F'. Genovese, City Manager Dated: Dated: "CONTRACTOR" By: Name: Title: By: Name: "CONTRACTOR" (If corporation, affix seal) •-w� Agreement I-< Contract Agreement Emery Landclearing and Grading Highway 111 Property SCOPE OF SERVICES Demolition and Recycling Services on the 19.9 acre Agency owned lot near the southeast corner of Highway 1 1 1 and Dune Palms Road in the City of La Quinta. All reasonable efforts will be made to recycle all demolition and clearing debris in order to achieve the highest possible diversion percentage (goal is greater than or equal to 80%). 1. Install approximately 800 feet of chain link fencing with dust control screen on property line west of Costco. a. Six month rental 2. Demolish, haul and recycle concrete and block from building adjacent to pool. 3. Haul and recycle large piles of dead brush, dead trees and landscape debris. 4. Demolish, haul and recycle concrete from pool. 5. Haul and dispose of all non -recyclable trash and debris on site. 6. Clear glue seal approximately five acres (affected area) after demolition and clearing activities. 7. Provide Water access at site. 8. Provide PM-10 dust control with water truck until site is glued. 9. Furnish the City with weighed recycle and dump receipts to verify conformance with use of AB 939 Funds. Notes: 1 . Asbestos testing and reports by others. 2. Asbestos abatement by others if required. 3. City to supply all permits if required. 4. Hazardous waste consisting of paint, light bulbs, televisions, batteries, etc. to be sorted by Emery but hauled by others. •-d. � 1 � Specifications k5 Contract Agreement Emery Landclearing and Grading Highway 111 Property SPECIFICATIONS PAYMENT BOND A cash bond for 100% of the contract amount to be deposited and held by the City prior to work starting and until all subcontractor, material and labor releases have been submitted to the City Engineer and approved by the City Engineer. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said bond will pay in case of suit brought upon this bond, such reasonable attorney's fees to the Agency as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. COMMERCIAL GENERAL LIABILITY POLICY The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: A. Premise Operations, including Explosion, Collapse and Underground (X,C, and U) Coverage. B. Completed Operations/Products, including X,C, and U Coverage. C. Independent Contractors. D. Blanket Contractual. E. Deductible shall not exceed One Thousand Dollars ($1,000). Specifications J-6 Contract Agreement Emery Landclearing and Grading Highway 111 Property COMMERCIAL BUSINESS AUTO POLICY The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: A. Coverage shall be applicable to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Contract. B. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have: said coverage provided for under the Commercial General Liability Policy. C. Deductible shall not exceed One Thousand Dollars ($1,000). ..._k� isf Speciflmdons f_7 O� �O • (^�nD' ��YY� N w F C COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Approval of a Contract Services Agreement with Kiner Communications for Professional Marketing Services for Fiscal Year 2007/2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �f0 STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2007/2008 in the amount of $287,000, which includes a Cooperative Marketing Program with La Quinta hotels for an additional not - to -exceed amount of $190,000 (implementation and funding contingent upon City Council approval); and authorize the City Manager to execute the Contract. FISCAL IMPLICATIONS: The proposed Contract Services Agreement ("Contract") amount is $287,000. However, the Contract also includes the option of funding a "Cooperative Marketing Program with La Quinta Hotels" for an additional not -to -exceed amount of $190,000. This program would be further defined and presented to the City Council for approval. The Contract amount (including the marketing contingency program) is supported by economic development, redevelopment, and community services accounts, as approved in the City of La Quinta Fiscal Year 2007/2008 Preliminary Budget, which total $477,000. By way of background, Kiner Communications' contract amount for Fiscal Year 2006/2007 was $333,000, and included a marketing option which was authorized by the City Manager in the amount of $13,683 (for the September 2006 hotel issue of Palm Springs Life). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Kiner Communications Contract are intended to fulfill this objective. BACKGROUND AND OVERVIEW: At the May 15, 2007 City Council meeting, the City Council adopted the City of La Quinta Marketing Plan for Fiscal Year 2007/2008 (Attachment 1), which is the guiding document used to implement the City's overall marketing program. Council also directed staff to negotiate a contract with Kiner Communications for professional marketing services to be rendered in Fiscal Year 2007/2008. Kiner would be responsible for assisting the City with the implementation of certain tasks and programs within the adopted City of La Quinta Marketing Plan. Other marketing activities in the Plan will be handled directly by staff or via the City's contract with Landmark Golf Management, the golf course operator for the Arnold Palmer Classic Course at SilverRock. Kiner Communications has been on contract with the City since Fiscal Year 1998- 1999. The last time the City solicited professional marketing proposals was in the spring of 2002. Pursuant to City Council direction at the May 15, 2007 City Council meeting and consistent with the exceptions clause of the City's consultant selection process (which allows exemption due to competence and satisfactory performance or the renewal/renegotiation of existing contracts), staff has renegotiated a Contract Services Agreement with Kiner Communications for Fiscal Year 2007/2008 (Attachment 2). A summary of the Scope of Work items and their associated costs are outlined below, generally by marketing category: ECONOMIC DEVELOPMENT & TOURISM/HOSPITALITY $107,500 ICSC Program Guide Ad Palm Springs Life October Advertorial Television Spots (Editing/Broadcast) Familiarization/Media Tour Online Marketing New Marketing Logo CITY COMMUNICATIONS $96,000 Public Relations City Report (Quarterly Newsletter) 2008 City Calendar r l �f COMMUNITY SERVICES & EVENTS $25,500 Event & Facility Public Relations Community Services Materials Community Concerts/Movies in the Park (Advertising) MONTHLY RETAINER $48,000 COOPERATIVE MARKETING PROGRAM WITH LA QUINTA HOTELS $10,000 Initial Preparation for Council Consideration TOTAL CONTRACT AMOUNT $287,000 MARKETING CONTINGENCY PROGRAM $190,000 Cooperative Marketing Program with La Quinta Hotels TOTAL CONTRACT AMOUNT (INCLUDING CONTINGENCY PROGRAM) $477,000 Staff anticipates that the Cooperative Marketing Program with La Quinta Hotels would come before the City Council for consideration in November or early December 2007. Kiner Communications would meet with La Quinta hotels to define the program based on a shared vision and sound marketing research. Funds would be set aside in the amount of $10,000 to allow Kiner to work with hotels and staff on preparing the program for Council consideration; the not -to -exceed implementation cost of $190,000 would only be incurred if Council were to approve the program. At that time, Council may also wish to consider new ideas for the Economic Development/Tourism & Hospitality marketing component and potential for any restructuring of the adopted La Quinta Marketing Plan. As reported last year, there is a 15% commission paid to Kiner on television and radio time purchases. The commission is paid by the media directly to Kiner. Additionally, on vendor services such as printing and photography, there is a 20% vendor service fee to cover administrative costs. The Contract, once executed, will allow Kiner Communications to implement various marketing and advertising activities as outlined in the adopted City of La Quinta Marketing Plan. On a final note, and per City Council direction, the issue of soliciting professional marketing proposals for Fiscal Year 2008/2009 will be considered bt{ Council in January 2008. M r „lW 171 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2007/2008 in the amount of $287,000, which includes a Cooperative Marketing Program with La Quinta hotels for an additional not -to -exceed amount of $190,000 (implementation and funding contingent upon City Council approval); and authorize the City Manager to execute the Contract; or 2. Do not approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2007/2008; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. E%Aans, Assist nt City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Marketing Plan for Fiscal Year 2007/2008 2. Contract Services Agreement with Kiner Communications for Fiscal Year 2007/2008 17 Attachment b CITY OF LA QUINTA MARKETING PLAN FISCAL YEAR 2007/2008 1. OBJECTIVE. Continue enhancing economic development by marketing existing opportunities for business growth in La Quinta while promoting development accomplishments in the City. Trade Conferences — Maintain a presence at the International Council of Shopping Centers (ICSC) - Western Division Conference & Deal Making (in San Diego) with an ad in the program guide and booth space to communicate business opportunities in La Quinta. Continue participation in BizNet, which is a trade show and symposium hosted locally by the La Quinta, Indio, and Coachella Chambers of Commerce. Palm Springs Life — Continue to produce an advertorial in the October Palm Springs Life Progress issue, communicating economic development opportunities in La Quinta as well as introducing new businesses and other progress updates. 2. OBJECTIVE. Increase the number of visitors to La Quinta that stay in La Quinta hotels, shop/dine in La Quinta, and play at the Arnold Palmer Classic Course at SilverRock by positioning La Quinta as "the" premier destination in Southern California for world -class golfing, shopping, dining and exquisite options in hospitality accommodations. Television Advertising — Continue to run TV spots produced in Fiscal Year 2006/07, which portray the best of what La Quinta has to offer in an enticing, energetic format. Expand TV broadcast to the San Diego market, and continue to broadcast in the 3.4 million household markets of L.A./Orange County. Fam/Media Tour — Select four to five writers/editors and bring them to La Quinta for a Media Tour. Partner with SilverRock, local hospitality partners, shops, and restaurants to provide the visiting media with the best possible experience in La Quinta. Work towards garnering feature coverage in key TV/print mediums, building long-term relationships with high profile reporters, and being pro -active in securing follow up stories. Online Marketing — Engage in a monthly online marketing program to ensure the City's website is showcased on the most common search engines when travel -related searches for the Coachella Valley area occur — positioning La Quinta as the premier destination for golfing, shopping, dining and hospitality. Enhance the "call to action" (i.e., direct people to a listing of La Quinta hotels, shops, restaurants, and things to do) by working with the La Quinta Chamber of Commerce (via its website) and/or by augmenting the "Visitor" } section of the City's website. CVA Co-ops — Continue working with the Palm Springs Desert Resorts Convention & Visitor's Authority on key co-op opportunities, such as the California Visitor's Guide and spot marketing campaign. r•a New Logo for Marketing — Modify the 25th anniversary logo so that the artwork no longer reads "25th" but incorporates "City of La Quinta for use in advertising and promotional materials only. Cooperative Marketing Program with La Quinta Hotels — Explore a cooperative marketing program to allow for a direct "call to action" in advertising geared towards visitors — where § a people can actually be informed on where to book their stay in La Quinta. Research to include: gauging interest of La Quinta hotels, determining scope of promotional packages, establishing timing/frequencyof advertising, exploring advertising opportunities (e.g., magazine, newspaper, radio), identifying suitable markets, and pursuing other research n� efforts to define program for possible implementation in 2007/08. Program to be presented to the City Council for consideration and approval. " 1. OBJECTIVE. Promote awareness of La Quinta progress throughout the Coachella Valley. Public Relations —Issue press releases on key La Quinta issues and announcements, while being proactive with the media to garner coverage. y 2. OBJECTIVE, Ensure residents are well-informed on City news and updates through City communications. La Quinta City Report — Continue producing and distributing La Quinta City Report r4a (quarterly newsletter). City Calendar — Continue to produce a calendar "gift" for residents, which also serves as a r� l + public communications tool. a r �, is Community Services & Events 1. OBJECTIVE. Promote La Quinta amenities such as recreation opportunities, programs, classes, and special events while embarking on a new "healthy living" campaign. Event & Facility Public Relations — Use public relations to promote key City events, activities and facilities, specifically in support of a new ":wealthy living" campaign. Community Services Materials — Create support materials for Community Services activities, e.g., promotional templates for trips, classes, luncheons, and other special events. La Quints Activities Guide — Continue to promote community services events and programs through production of a community recreation brochure (three times per year). Community Concerts/Movies in the Park — Promote key events like Community Concerts and Movies in the Park via local advertising, while also encouraging event attendees to "shop, dine, and play" La Quinta while they are here. The intent of this approach is to use the concert or movie as a "hook" then add a message and images which support the local business community ("While you're here... shop, eat, play in La Quintal"). 1. OBJECTIVE. To expand brand awareness for SilverRock Resort, as well as promote the Arnold Palmer Classic Course as a premier golf course in the Coachella Valhry and increase golf and golf -related revenues. Advertising and Promotions — Target La Quinta residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California media — including local newspaper, golf and travel magazines, regional directories, local television, area radio, and a rotating local billboard. Collateral Materials — Produce and distribute rack cards, scorecards and information packets on the golf experience at SilverRock Resort. An emphasis will be placed upon SilverRock's participation in the Bob Hope Chrysler Classic. Community Networking and Trade Shows — Continue developing strong relationships with community organizations such as the La Quinta Chamber of Commerce. Target trade shows focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related businesses. Internet and E-mail Marketing — Seek out cross -marketing opportunities through web links to SilverRock Resort. Collect e-mail addresses to send blasts promoting golf at SilverRock Resort and/or to offer specials during slower days of the seasons in an effort to maximize tee sheet utilization. MANAGED BY [:_; Economic Development Community Services D SilverRock Resove "peratiolli Attachment 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 KINER COMMUNICATIONS ("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 marketing, advertising, promotion, communications, and public relations as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant acknowledges that the Scope of Services includes certain, but not all, services set forth in the adopted City of La Quinta Marketing Plan for Fiscal Year 2007/2008 prepared by Consultant. 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 and Standard of Work. a. 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 responsiblle 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. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the: terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Eighty Seven Thousand Dollars ($287,000) (the "Contract Sum"), except as provided in Section 1.6. Furthermore, the City Manager can authorize, after consideration and approval by the City Council, the "Cooperative Marketing Program with La Quinta Hotels" described in the Scope of Services and listed under Schedule of Compensation for an additional not -to -exceed sum of One Hundred Ninety Thousand Dollars ($190,000). 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 thirty (30) days after invoices are received by the City's Finance Department. In accordance with industry standards, Consultant proposes to invoice City for media purchases such as television, radio, and prini upon Contractor's insertion order, i.e., at the time the insertion order is placed. This will allow City time to process payment and send to Consultant upon fulfillment of media commitment. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this Agreement shall commence on July 1, 2007 and terminate on June 30, 2008. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Scott Kiner, Principal b. Andrea Carter, Vice President/Account Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of Development Services 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 Assi nment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 $50,000 - $300,000 Over $300,000 Personal Injury/Property Damage Coverage $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause: in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured) or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall 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. Quarterly Reports shall be submitted by Contractor and shall be prepared in a manner that is appropriate for City Council review. Quarterly Reports shall be due on or about the following dates: September 15, 2007; December 15, 2007; March 15, 2008; and June 15, 2008. W 18 A iVn 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Excerpt with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel :specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement: nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 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: Doug Evans, Assistant City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: KINER COMMUNICATIONS Attention: Scott Kiner, Principal 73-101 Highway 111, Suite 4 Palm Desert, CA 92260 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 arnended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: Date: Date Exhibit A Scope of Services Kiner Communications is pleased to offer its services as a marketing partner/ consultant for the 2007/2008 Fiscal Year. As part of this Professional Services Agreement, Kiner Communications is committed to providing the very best in marketing services to the City of La Quinta — which includes public relations services, fresh and creative artwork, and new strategies for communicating effectively with the City of La Quinta's target markets. Kiner Communications is committed to identifying public relations stories that will offer the City the best opportunities for positive media coverage. Kiner Communications will generate press releases on important City news, events, and programs. Kiner Communications will also distribute periodic announcements and updates prepared by City staff to its comprehensive and continually -updated media list. Kiner Communications will provide quarterly reports to the City Council, sharing marketing strategies executed and an update on all marketing activity, in general. As marketing Consultant, Kiner Communications shall receive a Monthly Retainer Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Retainer Fee covers forty (40) account service hours per month to include: "Full responsibility for all aspects of project management and implementation of those tasks and marketing items listed in the adopted City Marketing Plan that are the responsibility of Kiner Communications, including, but not limited to: • Generating monthly press coverage through distribution of press releases or periodic announcements prepared by City staff and pitching story ideas to key media via phone and e-mail • Promoting events, activities, and facilities.; launching a new campaign with "healthy living" theme • Coordinating creation of a new City logo to be used for marketing purposes only • Assisting Community Services in developing a template for event promotion • Updating TV spots to include new City marketing logo • Researching and placing Orange County/Los Angeles and San Diego media for :30 second "Stay & Play" television spot w 19 • Coordinating copy and photography of 2007 Palm Springs Life Advertorial • Producing and mailing of four quarterly City Report newsletters • Coordinating, planning and executing a media tour, bringing in 4-5 key writers/editors from key TV/print mediums • Implementing an online marketing program, using paid search engine advertising to drive potential travelers/visitors to the City's website • Coordinating 2008 calendar production — including photography, design, printing, and mailing • Creating any ads necessary for CVA cooperative marketing programs the City chooses to participate in • Overseeing ICSC ad creation and media placement • Implementing advertising for Movies in the Park/Community Concerts which simultaneously promotes shopping, dining and playing in La Quinta Cooperative Marketing Program (Contingency Program): Formulating a cooperative marketing program with La Quinta hospitality partners (not to be implemented until considered and approved by Council) Project management and implementation responsibilities include, but are not limited to: *Basic account services *Client meetings (in person, by phone, fax or e-mail), including at least one in person meeting at La Quinta City Hall every month, and weekly updates via telephone or e-mail on the alternate weeks *Strategic planning *Budgeting *Investigating and implementing public relations opportunities *Media relations *Media placement *Research *Production management &JI . 19, *Preparing local press releases *Tracking of account services hours *Completion of quarterly reports to include all work items completed during the month, as well as a list of account service hours and associated tasks/work completed *Assume responsibility for project accuracy upon approval of direction and specifications from Contract Officer *Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not limited to checking for defects, errors in design, page composition, format, misspelled words, print and color specifications prior to delivery to City *Coordination with the media, businesses, restaurants, retailers, builders, financial institutions, developers, regional airports and the La Quinta Chamber of Commerce ».� : 19' Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Compensation for work under this Agreement shall not exceed Two Hundred Eighty Seven Thousand Dollars ($287,000) except as specified in Section 1.6 - Additional Services of the Agreement. In addition, the City Manager can authorize, upon approval by the City Council, the "Cooperative Marketing Program with La Quinta Hotels" described in the Scope of Services for an additional not -to -exceed sum of One Hundred Ninety Thousand Dollars ($190,000). Work Task(s): Not -to -exceed Amount: ICSC Ad $6,000 Palm Springs Life Advertorial $8,000 Television Spots (Editing and Broadcast) $46,000 Familiarization/Media Tour $22,000 Online Marketing $24,000 New Marketing Logo $1, 500 La Quinta City Report (Quarterly Newsletter) $45,000 2008 City Calendar $51,000 Community Services Materials $3,000 Community Concerts/Movies in the Park $22,500 Monthly Retainer $48,000 Coordination/Definition of Cooperative Marketing Program with La Quinta Hotels (Preparation for Council Consideration) $10,000 CONTINGENCY MARKETING PROGRAM Not -to -exceed Amount: Cooperative Marketing Program with La Quinta Hotels $190,000 (Contingent upon City Council approval) Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this Agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Work Task(s): Completed by: ICSC Ad August 2007 Palm Springs Life Advertorial August 2007 Television Spots Editing/Production December 2007 Broadcast January —April 2008 Familiarization/Media Tour April 2008 Online Marketing July 2007—June 2008 New Marketing Logo August 2007 La Quinta City Report (Quarterly Newsletter) September 2007 January 2008 April 2008 June 2008 2008 City Calendar November 2007 Community Services Materials September 2007 Community Concerts/Movies in the Park June 2008 Coordination/Definition of La Quinta Hotel Program (Preparation for Council Consideration) December 2007 Cooperative Marketing Program with La Quinta Hotels (Implementation) June 2008 Exhibit D Special Requirements 1►rem COUNCIL/RDA MEETING DATE: JUIv 3, 2007 ITEM TITLE: Approval of Second Reading of Ordinance 439 Amending Title 9, Chapter 9.20 ("Zoning Districts") of the La Quinta Municipal Code to Add Section 9.20.050 to Prohibit Medical Marijuana'Dispensaries in All Zones in the City RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / 7 STUDY SESSION: PUBLIC HEARING: Adopt Ordinance No. 439 on second reading, amending Title 9, Chapter 9.20 of the La Quinta Charter and Municipal Code adding Section 9.20.050 prohibiting medical marijuana dispensaries in all zones of the City. FISCAL IMPLICATIONS: fJ15ST >A CHARTER CITY IMPLICATIONS: None initially, however, the City may incur costs in connection with enforcement of these amendments. BACKGROUND AND OVERVIEW: June 19, 2007, Ordinance No. 439 was introduced on first reading to amend the La Quinta Charter and Municipal Code adding Section 9.20.050 to Chapter 9.20 ("Zoning Districts") to prohibit medical marijuana facilities in all zones. Motion to introduce Ordinance No. 439 carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to adopt Ordinance No. 439 on second reading to amend the La Quinta Municipal Code to add Section 9.20.050 to Chapter 9.20 ("Zoning Districts") to prohibit medical marijuana facilities in all zones; or 2. Do not adopt Ordinance No. 439 on second reading to amend the La Quinta Municipal Code; or 3. Provide staff with alternative direction. Respectful y submitted, Veronica J. ntecino, .CIVIC City Clerk Approved for submission by: Thomas P. Genovese, City Manager 2! 2 ORDINANCE NO. 439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9, CHAPTER 9.20 ("ZONING DISTRICTS") OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 9.20.050 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES IN THE CITY WHEREAS, the City Council of the City of La Quinta is committed to protecting the public health, safety, and welfare of the community, and to meet these goals it is necessary for the City Council to adopt measures, from time to time, to meet threats to the public health, safety, and welfare; and WHEREAS, the federal Controlled Substances Act (21 U.S.C. § 801 et seq.) prohibits the manufacture, distribution and possession of marijuana; and WHEREAS, in 1996, the voters of the Sate of California approved Proposition 215 (codified as Health and Safety Code section 11362.5 et seq., and entitled "The Compassionate Use Act of 1996" ("Act"), to enable persons who are in need of marijuana for specified medical purposes to obtain and use marijuana under limited, specified circumstances. The State Legislature, pursuant to Senate Bill 420, also enacted Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code of the Health and Safety Code of the State of California, as amended, which allows local governments to adopt and enforce laws consistent with Article 2.5; and WHEREAS, to avoid the threat to public health, safety, and welfare that would occur if medical marijuana dispensaries were: permitted in the City, it is necessary to declare the establishment and maintenance of such dispensaries, whether stand-alone dispensaries or as part of an otherwise legal facility, a use that is prohibited in all land use zones; and WHEREAS, the adoption of this chapter is consistent with federal law and Article 2.5, Medical Marijuana Program, of Chapter 6, Offenses and Penalties, of Division 10, Uniform Controlled Substances Act, of the Health and Safety Code of the Health and Safety Code of the State of California, as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT TO MUNICIPAL CODE TITLE 9 (PLANNING AND ZONING): La Quinta Municipal Code Chapter 9.20, entitled "Zoning Districts," is hereby amended to add section 9.20.050 as follows: ..4 21 Ordinance No. 439 Amending Title 9, Chapter 9.200 Adding Section 9.20.050 Adopted: July 3. 2007 Page 2 Section 9.20.050. Medical marijuana dispensaries. A. Medical marijuana dispensaries are a prohibited use in all zones. B. "Medical marijuana dispensary" means a facility or location which provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 at seq. SECTION 2. ENVIRONMENTAL DETERMINATION; GENERAL PLAN CONSISTENCY: The City Council finds that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed Ordinance involves a proactive measure to prohibit marijuana dispensaries and does not have the potential to significantly effect the environment. The City Council further finds and determines that the Ordinance is consistent with the City's General Plan, in that the Ordinance does not change or alter any land use designations, densities or intensities of use set forth in the General Plan. SECTION 3. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. SECTION 5. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of La Quinta. 1.4 20 Ordinance No. 439 Amending Title 9, Chapter 9.200 Adding Section 9.20.060 Adopted: July 3. 2007 Page 3 PASSED, APPROVED, and ADOPTED by the La Quinta City Council at a regular meeting held on this 3rd day of July, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California /e4611*ail VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 204 Ordinance No. 439 Amending Title 9, Chapter 9.200 Adding Section 9.20.050 Adopted: July 3. 2007 Page 4 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ► I, VERONICA J. MONTECINO, 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. 439 which was introduced at a regular meeting on the 19" day of June, 2007, and was adopted at a regular meeting held on the 3rd day of July, 2007, 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 City Council Resolution 2006-102. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on July 29", 2007, pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California " 265 i AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2007 BUSINESS SESSION: ITEM TITLE: Approval of Second Reading of Ordinance /g No. 440 Amending Chapter 9.30.030 and Adding CONSENT CALENDAR: Chapter 9.50.100, of title 9, "Planning," Pertaining to STUDY SESSION: Development Standards in the Southeast Policy Area — Zoning Text Amendment 2006-085 PUBLIC HEARING: RECOMMENDATION: Adopt Ordinance No. 440 on second reading amending Chapter 9.30.030 and adding Chapter 9.50.100, of Title 9, "Planning," Pertaining to Development Standards in the Southeast Policy Area. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: June 19, 2007, Ordinance No. 440 was introduced on First reading to approve Zoning Text Amendment 2006-086 establishing policies and standards for the development of the southeastern portion of the City, south of Avenue 52. During introduction and discussion of the proposed Ordinance, Chapter 9, Section 9.50.100(B)(2) was amended to increase the minimum lot size from 7,200 sq. ft. to 10,000 sq. ft. Motion to introduce Ordinance No. 440 as amended, carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to adopt Ordinance No. 440 on second reading amending Chapter 9.30.030 and adding Chapter 9.50.100, of Title 9, "Planning," pertaining to Development Standards in the southeast policy area; or 2. Do not adopt Ordinance No. 440 on second reading to amend the La Quinta Municipal Code; or 3. Provide staff with alternative direction. Respectf Ily submitted, Veronica J. on a =, CIVIC City Cler Approved for submission by: Thomas P. Genovese, City Manager It E ORDINANCE NO. 440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.30.030 AND ADDING CHAPTER 9.50.100, OF TITLE 9, "PLANNING," PERTAINING TO DEVELOPMENT STANDARDS IN THE SOUTHEAST POLICY AREA ZONING TEXT AMENDMENT 2006-085 WHEREAS, vacant lots of 10 acres or less in the southeastern portion of the City (south of Avenue 52) proposed for subdivision present specific development challenges; and WHERES, the southeastern portion of the City abuts more rural, less dense development in the unincorporated portion of the County of Riverside; and WHEREAS, the City wishes to encourage well designed, low density residential subdivisions on lots of 10 acres or less, which are compatible with surrounding development; and WHEREAS, Section 9.30.030 enables the City to establish alternate development standards to address issues specific to a particular land use category in a particular area of the City; and WHEREAS, additional standards are required to ensure high quality development on lots of 10 acres or less which will be .subdivided in the future; and WHEREAS, the Planning Commission considered the staff report and all information, evidence and testimony provided at the April 24 and May 8 meetings on the proposed text amendments, ultimately moving to unanimously recommend City Council approval; and WHEREAS, the City Council has given careful consideration to the staff report and all of the information, evidence and testimony presented at a public hearing on the proposed Ordinance held on June 19, 2.007; and WHEREAS, an Initial Study was prepared to consider the zoning text amendments relating to development standards for lands south of Avenue 52, and the City determined that the proposed text amendments would not have a significant environmental impact as described in the California Environmental Quality Act, and a Negative Declaration was prepared. .1n 2^ Ordinance No. 440 Zoning Text Amendment 2006-066 Adopted: July 3, 2007 Page 2 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.30.030 of the La Quinta Municipal Code is amended to read as follows: 9.30.030 RL low density residential district. A. Purpose. To provide for the development and preservation of low density neighborhoods (two to four units per acre) with one- and two-story single-family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one:- and two-story single-family attached, townhome or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size 7200 sq. ft.' Minimum lot frontage 60 ft. Maximum structure height 28 ft. Maximum number of stories 2 Minimum front yard setback (non -garage portions of dwelling) 20 ft.2 Minimum garage setback 25 ft.3 Minimum interior/exterior side yard setbacks 5/10 ft.4 Minimum rear yard setback 10 ft. for existing recorded lots and 20 ft. for new lots Maximum lot coverage 50C/o Minimum livable floor area excluding garage 1400 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 10' minimum at any point, 20' minimum average over entire frontage ' A minimum lot size of 20,000 sq. ft. shall be: required of new lots created within subdivisions of 10 acres or less in size as further described in Section 9.50.100. 2 Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet plus in order to avoid streetscape monotony. 20 Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 3 a Twenty feet if "roll -up" type garage door is used. ° For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback. may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. SECTION 2. Section 9.50.100 is added to the Municipal Code, as follows: 9.50.100 RL district property subdivision development standards, 10 acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than 10 acres in size located in the RL district, south of Avenue 58, and west of Monroe. B. Development Standards. 1. A minimum lot size of 20,000 square feet shall be required, unless: a. The proposed subdivision establishes a minimum of 25% common area open space (exclusive of individual residential lots). Said open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as pars: of the 25% open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. c. Driveway access should be consolidated with other neighboring properties. 2. tinder no circumstances shag lots be 10," tharl 10,000 square feet in Site: 3. A landscaped parkway of 30 feet in depth shall be required on all public streets. 4. All other development standards of the RL District, including but not limited to setbacks, building height and parking requirements, shall apply. C. Official Zoning Map. The City's Official Zoning Map shall identify as an overlay all properties potentially affected by these provisions. Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 4 SECTION 3. ENVIRONMENTAL. The Community Development Department has determined that the Amendments to the Municipal Code will not have a significant impact on the environment, and a Negative Declaration is adopted. SECTION 4. SEVERABILITY. The provisions. of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby superseded by this Ordinance to the extent they are inconsistent with this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 8. PUBLICATION. The City Clerk, is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of July, 2007, by the following vote: AYES: JKil*31 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California A, 2. Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 5 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 212 Ordinance No. 440 Zoning Text Amendment 2006-086 Adopted: July 3, 2007 Page 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ► I, VERONICA J. MONTECINO, 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. 440 which was introduced at a regular meeting on the 19" day of June, 2007, and was adopted at a regular meeting held on the 3rd day of July, 2007, 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 City Council Resolution 2006-102. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on July 29`n, 2007, pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California 213 o� OwS y OF COUNCIL/RDA MEETING DATE: July 3, 2007 ITEMTITLE: Approval of a Reimbursement Agreement with Coral Mountain Trails, LLC, a Delaware limited liability company, for Jefferson Street Realignment /Improvements (Street to be renamed by City of La Quinta) from the realigned northerly terminus on Avenue 58 to the northerly boundary of Tentative Map No. 33444 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _p CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a Reimbursement Agreement (Attachment 1) between the City of La Quinta and Coral Mountain Trails, LLC, a Delaware limited liability company, for Jefferson Street Realignment/Improvements (Street to be renamed by City of La Quintal from the realigned northerly terminus on Avenue 58 to the northerly boundary of Tentative Map No. 33444, with any minor modifications approved by the City Manager and the City Attorney. FISCAL IMPLICATIONS: The Jefferson Street realignment will create a 936 foot radius connecting road between Avenue 58 and the extension of Jefferson Street south of PGA West. This project will eliminate the 90 degree intersection of Avenue 58 and Jefferson Street. The City has identified potential fund sources from which it desires to partially reimburse the developer for the above mentioned improvements at a point in the future to be determined by the City. The funding sources are as follows: Potential Funding Source #1 - Other Developers. Certain obligations were imposed by the City on the developers of PGA West Tract Map No. 28960 with regard to improvements to portions of Jefferson Street. The current status of the bonds for these improvements are in dispute. Certain obligations were imposed by the City on the developers of the Quarry Ranch Tract Map No. 30651 for improvements to Jefferson Street. Certain funding is held in a Certificate of Deposit for the benefit of the City and may be available for a portion of the Required Improvements. 214 Funding Source #2 - The Transportation Component of the Development Impact Fee (DIF). All development projects in the City are required to pay DIF Fees pursuant to the Development Impact Fee Program. A portion of the DIF known as the "Transportation Component" provides future funding for specific arterial street improvements located throughout the City. Based upon the current level of the Transportation Component of the DIF, it is anticipated that the project will generate, at the time building permits are issued, up to $422,670 in Transportation Component Fees. This is calculated from the $1,930 per dwelling unit 2006 DIF transportation fee multiplied by 219 dwelling units planned for the Coral Mountain Trails Project. Assuming that Developer has completed the above mentioned improvements to the City's satisfaction, when the Developer seeks the issuance of the building permits for the units in the project, the Developer shall be issued a credit against the Transportation Component of the DIF which would otherwise be due and payable for the project. The credit would be based on the actual number of dwelling units constructed under the project utilizing the then current Transportation Component of the DIF. Thus, if the per unit fee is increased above the current level of $1,930 per dwelling unit, the maximum reimbursement possible through the credit could exceed the currently estimated maximum credit of $422,670. Currently, the Transportation Component of the 2006 DIF Program contains cost details for Avenue 58 (Lake Cahuilla Access Road to Madison Street). The cost details reflect a DIF totaling $5,569,743 for Avenue 58 (Lake Cahuilla Access Road to Madison Street)• The Required Improvements are estimated to be 39% of the total available 2006 DIF budget of $5,569,743 or $2,217,313. However, this estimate including the prorata distribution percentage is subject to change as the DIF is updated in the future prior to the completion of the work. In addition, this funding is not currently available or earmarked for the subject work. "Fhe agreement anticipates that the reimbursement will occur at some point during the life of the DIF Program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Coral Mountain Trails, LLC, a Delaware limited liability company, is the subdivider and developer of property in the City subject to the provisions of Tentative Map No. 33444, which lies south of Quarry Ranch as shown in Attachment 2. The Jefferson Street realignment will create a 936 foot radius connecting road between Avenue 58 and the extension of Jefferson Street south of PGA West. This project will eliminate the 90 degree intersection of Avenue 58 and Jefferson Street. The extension of Jefferson Street over the dike will become the entrance to the Coral Mountain development project. +. 215 Pursuant to Resolution No. 2006-068, the July 2006 DIF Study, and the Detailed Cost Estimate portions of these improvements are eligible for DIF fund reimbursement as defined in the attached reimbursement agreement. Also, as described above, there are certain other potential funding sources that could tie available to reimburse the Developer for eligible costs for these improvements as defined in the attached reimbursement agreement. The time frame for reimbursement is not specified. Staff is preparing a policy for prioritizing reimbursements for City Council to consider at a future meeting. The reimbursement under this agreement would be pursuant to the policy, if adopted, or pursuant to the priority established by the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1) Authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Coral Mountain Trails, LLC, a Delaware limited liability company, for Jefferson Street Realignment/Improvements from the realigned northerly terminus on Avenue 58 to the northerly boundary of Tentative Map No. 33444, with any minor modifications approved by the City Manager and the City Attorney.; or 2) Do not authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Coral Mountain Trails, LLC, a Delaware limited liability company, for Jefferson Street Realignment/Improvements from the realigned northerly terminus on Avenue 58 to the northerly boundary of Tentative Map No. 33444; or 3) Provide staff with alternative direction. Respectfully submitted, R. Jdnas�(on,IP.E. Engineer 216 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Reimbursement Agreement 2. Location Map ATTACHMENT 1 City of La Quinta REIMBURSEMENT AGREEMENT JEFFERSON STREET REALIGNMENT/IMPROVEMENTS (STREET TO BE RENAMED BY CITY OF LA QUINTA) (From the Realigned Northerly Terminus on Avenue 58 to the Northerly Boundary of Tentative Map No. 33444) THIS REIMBURSEMENT AGREEMENT (the "Agreement') is made and entered into this day of 2007, by and between Coral Mountain Trails, LLC, a Delaware Limited Liability Company ("Developer"), and the City of La Quinta, California, a California Municipal Corporation (the "City"). RECITALS A. Developer is the subdivider and developer of Tentative Map No. 33444 (the "Project") located in the City of La Quinta subject to the conditions of approval found in City Council Resolution 2005-082 ("Conditions of Approval'). B. The Conditions of Approval obligate Developer to construct certain improvements on Jefferson Street, generally described as follows, and more specifically described in the Conditions of Approval, #62, A 2) & A 3) as follows: (a) realign and widen Jefferson Street from its northerly terminus on Avenue 58 to Cahuilla Park Road, (b) realign and widen Jefferson Street from Cahuilla Park Road to the northerly boundary of Tentative Map No. 33444, herein referred to as (the 'Required Improvements"). Four separate iroad segments and funding mechanisms are identified and documented in Exhibits A and B. C. The City has identified potential fund sources from which it desires to partially reimburse Developer for the Required Improvements at a point in the future to be determined by the City. The time and form of reirnbursement payments shall be as set forth in the Agreement. The funds sources are: Potential Funding Source #1 — Other Developers. Certain obligations were imposed by the City on the developers of PGA West Tract Map No. 28960 with regard to improvements to portions of Jefferson Street. The current status of the bonds for these improvements are in dispute. Certain obligations were imposed? by the City on the developers of the Quarry Ranch Tract Map No. 30651 for improvements to Jefferson Street. Certain funding is held in a Certificate of Deposit for the benefit of the City and may be available for a portion of the Required Improvements. Funding Source #2 - The Transportation Component of the Development Impact Fee. All land developments in the City are required to pay Development Impact Fees ("Fees") pursuant to the Development Impact Fee Program ("Program"), aas adopted by the City on June 15, 1999 and revised July 5, 2006. A portion of Development Impact Fee known as the "Transportation Component" provides future funding for specific arterial street improvements located throughout the City. D. Based upon the current level of the Transportation Component of the Fee, it is anticipated that the Project will generate, at the time building permits are issued, up to $422,670 in Transportation Component Fees. This is calculated from the $1,930 per dwelling unit 2006 DIF transportation fee (Exhibit D) multiplied by 219 dwelling units planned for Project. Assuming that: Developer has completed the Required Improvements to the City's satisfaction when Developer seeks the issuance of the building permits for the units in the Project, Developer or Developer's success or interest shall be issued a credit against the Transportation Component of DIF which would otherwise be due and payable for the Project. The credit would be based on the actual number of dwelling units constructed under the Project utilizing the then current Transportation Component of the Fee. Thus, if the per unit fee is increased above the current level of $1,930 per dwelling unit, the maximum reimbursement possible through the credit could exceed the currently estimated maximum credit of $422,670.00. E. Currently, the Transportation Component of the 2006 DIF Program contains cost details for Avenue 58 (Lake Cahuilla Access Road to Madison Street). The cost details (Exhibit C) reflect a DIF totaling $5,569,743.26 for Avenue 58 (Lake Cahuilla Access Road to Madison Street). The Required Improvements are estimated to be 39.8099615% of the total available 2006 DIF budget of $5,569,743.26 or $2,217,312.65. However, this estimate including the pro rate distribution percentage is subject to change as the DIF is updated in the future prior to the completion of the work. F. The City Engineer has reviewed the scope and cost associated with the Required Improvements and has determined that the Required Improvements are covered by the Program and are eligible for certain reimbursements, subject to certain limitations and availability of funds discussed herein. The current, unapproved draft of the street plans for the Required Improvements are attached as Exhibit E. G. The parties hereto desire to enter into this Agreement to effectuate the terms of the City's reimbursement to Developer of certain costs incurred by Developer in constructing the Required Improvements to the extent they are determined to be eligible for reimbursement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of Developer: Developer shall! construct the Required Improvements described in the Conditions of Approval, #62, A 2) & A 3) as follows: (a) realign and widen Jefferson Street from its northerly terminus on Avenue 58 to Cahuilla Park Road, (b) realign and widen Jefferson Street from Cahuilla Park Road to the northerly boundary of Tentative Map No. 33444 (c) construct all improvements as shown on the City -approved street improvement plans that are currently under review by the City Engineer and are attached for reference purposes as Exhibit E. The Developer shall bear the cost of constructing the Required Improvements, subject to the limited credit and right of ultimate future reimbursement provided herein. The Required Improvements shall be constructed in accordance with all applicable City and State codes and regulations, including the obligation to secure bonds and guarantees pursuant to Section 14.16.180 of the Municipal Code of the City of La Quinta, and shall comply with each of the applicable provisions in the Conditions of Approval, incorporated in full herein by this reference. Upon completion and acceptance of said Required Improvements by the City, Developer shall submit to the City invoices and supporting documentation for those costs. 2. Responsibilities of City: (a) Approval or Disapproval of Expenses. The City Engineer shall either approve or disapprove the invoices and submit the approved invoices for credit and/or reimbursement in accordance with this Agreement.. The City Engineer shall provide Developer with a written explanation for any portion of an invoice that is disapproved. Developer recognizes that the City Engineer's approval of the costs does not guarantee that the costs will be reimbursed. Instead, the City Engineer approval is a condition precedent necessary for the costs to be processed for credit or reimbursement. (b) Issuance of Credit. Upon the completion of the Required Improvements, and approval of costs by the City Engineer, the City will issue a credit for eligible costs to Developer or Developer's successor in interest which credit can be applied against the Transportation Component of the DIF fares otherwise due and payable for building permits within the Project. By way of example, based upon the current level of the Transportation Component of the DIF and the maximum number of dwelling units authorized for the Project, the Developer or its successor in interest could be issued a credit of up to $422,670. (c) Pursuit of Potential Funding Source #1. The City shall take reasonably available steps to enforce the obligations imposed upon the developers of PGA West Tract Map No. 28960 with regard to improvements to portions of Jefferson - 4 U 221 Street and the obligations imposed upon the developer of Quarry Ranch Tract Map No. 30651 with regard to the Required Improvements. To the extent funding for the Required Improvements becomes available from Funding Source #1, those funds, less the cost of their recovery, shall be used to reimburse Developer for eligible costs incurred for the Required Improvements. (d) Additional Reimbursement from the City's Future Transportation Component Fees. To the extent that Developer's eligible costs for the Required Improvements are not credited or reimbursed pursuant to Section 2(b) and 2(c), Developer is eligible for reimbursement at some point in the future from the Transportation Component Fees collected on other projects. Developer recognizes that at this point in time, the City cannot commit to a time certain for reimbursement, in as much as the City is entitled to establish the priority of spending for the Transportation Component Fees. Developer further recognizes that the City Council has indicated that they will be considering a policy regarding the priority of reimbursement, and that if adopted, the timing of its reimbursement will be subject to the policy. In no event will the amount of reimbursement exceed the amount designated in the DIF Program for the portion or percentage of roadway improvements comprising the Required Improvements. By way of example, the Transportation Component of the 2006 DIF Program contains cost details for Avenue 58 (Lake Cahuilla Access Road to Madison Street). The cost details (Exhibit C) reflects a DIF totaling $5,569,743.26 for Avenue 58 (Lake Cahuilla Access Road to Madison Street). The Required Improvements are estimated to be 39.8099615% of the total available 2006 DIF budget of $5,569,743.26 or $2,217,312.65 However, the this estimate including the pro rata distribution percentage is subject to change as the DIF is updated in the future prior to the completion of the work or if the scope of work performed by Developer changes. 3. Warranty. Developer agrees to obtain from each contractor performing any aspect of the Required Improvements a warranty in the City's favor for the repair or replacement of faulty work or materials for a period of one year following completion of the Required Improvements and the City's acceptance thereof, which acceptance shall not be subject to completion of all improvements for the Tract. 4. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring, action within ten (10) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period as may be necessary or agreed upon by both parties to this Agreement. 5. Attorneys' Fees. If either party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorneys' fees and legal costs from the losing party related to enforcement of the provisions of this Agreement. 6. Indemnification. Developer agrees to indemnify, defend, and hold City and its officers, employees, agents, representatives, and assigns ("City Indemnitees") harmless from and against any losses, claims, demands, actions, or causes of action ("Claims"), of any nature whatsoever, arising out of or in any way connected with the performance of Developer, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Developer shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. 7. City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successor -in -interest in the event of any default or breach by City or for any amount which may become due to Developer or to its successor or for breach of any obligation of the terms of this Agreement. 8. Term of Agreement. This Agreement shall remain in full force and effect following the date it has been executed by both parties, until the Jefferson Street improvements to be performed by the Developer are complete and accepted by the City and listed Funding Sources have paid the allowable Developer claims. 9. Insurance. Developer shall concurrently with the execution of this Agreement, furnish the City satisfactory evidence of insurance of the kinds and in the amounts specified below. This insurance shall be kept in full force and effect by Developer in perpetuity and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Developer shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. I.v 2[ a. Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: i) Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. ii) Completed Operations/Products, including X, C, and U Coverage. iii) Independent Contractors. iv) Blanket Contractual. v) Deductible shall not exceed One Thousand Dollars ($1,000). b. Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: i) Coverage shall be applicable to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Contract. ii) Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. iii) Deductible shall not exceed One Thousand Dollars ($1,000). 22 10. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. 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 78-495 Calle Tampico La Quinta, California 92253 Attn: City Engineer (760)777-7075 To Developer: Coral Mountain Trails, LLC Attn: (760) 771-1941 11. Assignment of Agreement. Neither party may assign its obligations hereunder to any assignee without the knowledge and with written consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable, and competent to carry out the assignor's obligations. 12. General Provisions. A. Except as otherwise provided herein, 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. B. Neither parry to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. 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 rights or remedies provided for herein. E. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. F. 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. 24, G. 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 are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] 41, 22! IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: Tom Genovese, City Manager Date ATTEST: Veronica Montecino, City Clerk City of La Quinta Date CORAL MOUNTAIN TRAILS, LL in Date Title: Approved as to Form: M. Katherine Jenson, City Attorney City of La Quinta Date EXHIBIT A LL EXHIBIT B \ k k kk § \ 2 b!*■b» ) � ) § a > \ / §fƒ� _ | ! %)®k t !k { ! \i}E ! ) ) §k o, - e & 7f!}kJ ) §| ! ! § }Ek]}k k Jo \ §\ m 2, a. |7y r\� § \\\ \ , ) \ 11 2| / k / \ kk \ [ i } (( }\ r; ( � | 0 . E a - . �2 �\ (/ ) ) ) w$. d £ !k }0+ \ a E §k & - w=& - 0e w 2 ! k \ }\{£k §\ 0 3 k )� 0 , Mkt '[f $ (\ \ ) �)\ 2 / co I §E k § // 72f) \ k\!! (\\\ \\ �!!f -E ®®•_© ` N06 6 6 li C4®-co co . -Cd ! � ( 3 0 (0Wco omme� § £ \ \ ( !%§\ 2 \\TL\Ek/k\\! # - �k�■le��,!!!= a | ) k ! o §� & _ in %§!#!�k!!~`!; § !! ) ! \\ k j k �\ �\\{/\\\d\CTL ` k§! )J\ ) ! , ?|\ m \k\ \ \ r EXHIBIT C ;ITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL 'roject Type: Primary Arterial orojeot: Avenue 58 (Lake Cahuilia Access Road to Madison Streetj .. ae_.. puvWl VIA his project proposes to reconstruct the existing Avenue 58 roadway between the Lake Cahuilla Access Road and Aadison Street with a new centedine profile and enhance the structural section of the existing roadway, as seeded, to mitigate the impact of converting a former county road to an urban arterial street. The street segment All be realigned at its westerly end and cross the flood control levee at a new location. E ESCunlyrUINOTEL1GI COST . DIF COST 1 2 3 4 5 8 7DEWALK4"THICK SIFIED FILL SSIFIED EXCAVATION B AND GUTTER B AND GUTTER OVER 7" AB VER 8 AS RAER CULVERTS-400 F1 EA IGATION LINE ULTI-PURPOSE TRAIL Cy CY LF LF SF SF SF LF LF$35010 LF 680i30 2i'8 7 355 8$15.75 I 0 74E3fl 8 83543 25t 8 1600 5.00 $2.50 $18.75 .30 $3.15 $3.5CP $200Ag 14.00 340,000.00 $69,842.50 $668,150.00 $30 562. $2�50.80 $200,180:45 $45,500A0 3U8 TOT 5,13 ,094.25 5 09. n: 256, Estimated Soft Costs: ont n enc .tun-05 Ota S te: , 01 .8 ve o ®p ron4 uffon oTn s:�68.00 evelo menImpact Fee: $5, ' .743.261 1. See Appendix 3 for discussion of county road conversion to urban arterial street standard. 2 July 5, 2006 Update Appendix 1 (II of 20) CiN ofLa Ouinta — Development Impact Fee Study EXHIBIT D Table 3-10 Adjusted Standardized impact trees- =street improvemeam ki491 729 Table 3-11 projects the impact fee revenue that would be realized from future development, if these fees were applied to all development projected in Table 2-2. Table 3-11 Protected Imoact Fee Revenue from Future Development ACRE 19 See Table 2• I, Notes 3 and 4 Ia Sea Table 3-9 19 Fee per unit of development = peak hour trip miles per unit of development x cost per peak boor trip mile. FM rounded to the nearest dollar. Note that these Res have been increased by a factor of 0.0053 to incorporate the cost of the study. 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E' aPz a W E .I . a.; ) i ) , .1 � � ]) ;! o CIIa... oil .1 p •e A (T C I _ ii _ s°ra n� q PJ • I I I � 1 r _ L -f1 Or �r _ a".'i � T��- � i�S➢e � ro ��•�g fir`— •- ! a + � � _C_ .,_ y / NY _ _�. _ 33 + • t L E_ °� p_ yg TIC In I, x a � LLs S �III 0"0010SSeRIM 10 A00f Up0 1M@9A090 SIR ME 51 00 Bonin 0008Rog 0000. eee1��A��1�11aAla��A�Ao a�asoaaasaat�o�a�a�r OR � MR Im M in uAPI NOB 00000a3o�aao�3��30 MIR PM 8i0 OB� 0900 111 al 33333333 �11333313 33331:0 3133@@0 993�37�7g�gg�g��Nall L. | / r ;/) j�\ ;\ 4.1 "gym eeeeeeeeeeeo O 0 d �Ii� 4- 1 7 + 4 II L 1 t4- - -1 4 ��[ -1 + 1 Fti— '1- T -1 t T :-T L + r F T T-1 ATTACHMENT 2 � T ° Loll 5 TTwit4 �ui�c1w _- y OF r+ COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Consideration of an Ordinance Amending Title 2, Chapter 2.95, Section 2.95.030 (Members) of the La Quinta Charter and Municipal Code Relative to the Community Services Commission and Appropriation of Funds RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. by title and number only and waive further reading; Motion to introduce Ordinance No. , on first reading amending Title 2, Chapter 2.95, Section 2.95.030 (Members) of the La Quinta Charter and Municipal Code relative to the Community Services Commission; Appropriate funds for additional Commissioner stipends. FISCAL IMPLICATIONS: The cost of two additional commissioners to attend Community Service Commission meetings is $1,800 per year. Additional funding would need to be appropriated to Account No. 101-3001-451.10-10 from General Fund available reserves. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Services Commission currently consists of three members whose terms are set to expire on June 30, 2008. I, 254 On June 19, 2007, the City Council approved the selection of two appointees to two- year terms on the Community Services Commission and directed staff to agendize an increase from five to seven members for the Community Services Commission. After the second reading of the amended Ordinance, staff willl bring the original applications submitted at the June 19, 2007 City Council Meeting to the City Council for the selection of two additional Commissioners. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Motion to take up Ordinance No. , by title and number only and waive further reading; motion to introduce Ordinance No. , on first reading amending Title 2, Chapter 2.95, Section 2.95.030 (Members) of the La Quinta Charter and Municipal Code relative to the Community Services Commission; and appropriate funds for additional Commissioner stipends; or 2. Do not introduce Ordinance amending the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respec ully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Redline/Strikeout copy of Chapter 2.95, Section 2.95.030 of the La Quinta Charter and Municipal Code 0 25; ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 2.95, Community Services Commission, Section 2.95.030 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 2.95.030 Members — Appointments — Terms. A. The Commission shall consist of seven members appointed by the City Council. Parties interested in serving on this Commission shall exhibit expertise, experience, or knowledge, or similar assets that may be useful in serving on this Commission. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk is directed to post this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of July, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. _ Community Services Commission Members Appointment Terms Adopted: July 3, 2007 Page 2 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 0^ 2S Ordinance No. _ Community Services Commission Members Appointment Terms Adopted: July 3, 2007 Page 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, 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. which was introduced at a regular meeting on the day of 2007, and was adopted at a regular meeting held on the day of 2007, 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 City Council Resolution 2006-102. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of hereby certify that the foregoing ordinance was posted pursuant to Council Resolution. VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California La Quinta, California, do on , 25 ATTACHMENT 1 REDLINE COPY OF CHAPTER 2.95, SECTION 2.95.030 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE 2.95.30 Members -Appointments -Terms. A. The commission shall consist of five members appointed by the City Council. Parties interested in serving on this commission shall exhibit expertise, experience, or knowledge, or similar assets that may be useful in serving on this commission. 259 `�Ci� 4 ZP w AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Consideration of Investment Advisory Board 2007/2008 Work Plan RECOMMENDATION: BUSINESS SESSION: C CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Investment Advisory Board 2007/2008 Work Plan. FISCAL IMPLICATIONS: Fiscal implications consist of Board Members meeting expenses, budgeted at $4,500, and staff support time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Investment Advisory Board's met on June 13, 2007, to discuss their Fiscal Year 2007/08 Work Plan items and are recommending the following: • Continue to monitor developments regarding LAIF, Government Sponsored Enterprises (GSE's) and Commercial Paper; • Assist staff, if asked, in the Request for Proposal process for banking services. The current contract ends on December 31, 2007; • Continue to perform the duties outlined in the Municipal Code as they relate to the Cash and Investments which include a monthly review of the Treasurer's Report and an annual review of the Investment Policy. 26 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Investment Advisory Board 2007/2:008 Work Plan; or 2. Do not approve the Investment Advisory Board 2007/2008 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager 91 261 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 3, 2007 BUSINESS SESSION: ITEM TITLE: Consideration of an Ordinance Amending La Quinta City Charter and Municipal Code, Chapter CONSENT CALENDAR: 2.04, Section 2.04.050 City Council (Compensation and STUDY SESSION: Reimbursement) PUBLIC HEARING: RECOMMENDATION: Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. , on first reading amending Chapter 2.04, Section 2.04.050 of the La Quinta Charter and Municipal Code to increase the monthly compensation of the Mayor to $2,800 and City Council members to $2,300 and to eliminate City Council's $350 monthly automobile allowance paid by the City. Eliminate the $200 monthly expense reimbursement: paid by the Redevelopment Agency. FISCAL IMPLICATIONS: This will increase the Mayor and City Council members' monthly compensation by $600 for the Mayor, and $800 for the Council members. The action will result in a net increased cost of salaries and benefits inclusive of savings from the elimination of the $350 monthly auto allowance and $200 monthly Redevelopment Agency expense reimbursement of $65,600 for Fiscal Year 2007/08, which has been added to the budget. CHARTER CITY IMPLICATIONS: The subject of City Council compensation is considered a "municipal affair" over which the City Council has authority. While there are certain regulations in the Government Code relating to City Council compensation, they are inapplicable to charter cities since the issue is a "municipal affair." BACKGROUND AND OVERVIEW: Pursuant to Section 2.04.050 of the Municipal Code, the Mayor and City Council members will receive an increase in their monthly compensation of $1,150 and $1,350 respectively. The $350 monthly auto allowance paid by the City and $200 monthly compensation paid through the Redevelopment Agency will be eliminated resulting in a total net increase in monthly compensation of $800 for the City Council and $600 for the Mayor. Adoption of the proposed Ordinance would increase the monthly compensation to a total of $2,300 for City Council members and $2,800 for the Mayor. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to take up Ordinance No. , by title and number only and waive further reading; motion to introduce Ordinance No._, on first reading amending Chapter 2.04, Section 2.04.050 of La Quinta Municipal Charter and Municipal Code to increase the monthly compensation of the Mayor to $2,800 and City Council members to $2,300 and eliminate the $350 monthly auto allowance paid by the City and eliminate the $200 monthly expense reimbursement paid by the Redevelopment Agency; or 2. Do not introduce ordinance amending La Quinta Charter and Municipal Code, and do not eliminate the $200 expense reimbursement paid by the Redevelopment Agency; or 3. Provide staff with alternative direction. Respectfully submitted, Bret Plumlee, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 2 L ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, AN AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.04 (CITY COUNCIL) WHEREAS, Section 2.04.050 of Chapter 2.04 of the La Quinta Municipal Code (the "Code") concerns compensation of the City of La Quinta (the "City") City Council and WHEREAS, the City wishes to increase the City Council's monthly compensation by $1,350, for Council members, and by $1,150 per month for the Mayor. WHEREAS, the City believes that these changes are in the best interest of the citizens of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: Section 1. SECTION 2.04.050 OF THE CITY COUNCIL OF THE CODE AS SHALL BE AMENDED TO READ AS FOLLOWS: Compensation shall be paid to each member of the city council in the amount of twenty-three hundred dollars per month. The Mayor shall receive additional compensation in the amount of five hundred dollars per month. Further, in the event a Council Member or the Mayor wishes to utilize a personal mobile phone rather than a City -issued mobile phone, an additional reimbursement amount of twenty-five dollars shall be added to the monthly reimbursement amounts set forth herein. In the event that official duties require travel outside the Coachella Valley or overnight, and costs shall be reimbursed according to the City's adopted policy for such expenditures. The compensation amount will effective from July 1, 2007. Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption. Section 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of La Quinta. PASSED, APPROVED AND ADOPTED, this 3rd day of July 2007 by the following vote(s) AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVE AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 269 N 00 c w k OFF COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Discussion of Green Building Program Options RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: $40,000 has been budgeted to develop a City energy program during Fiscal Year 2007-2008 for consulting services and other needs. In addition, the budget includes $6,400 for attendance at National, State, and regional conferences in the Planning Department. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Council previously directed staff to research potential green building programs which could be implemented in the City. DISCUSSION More and more cities in California are beginning to implement green building programs and overall environmental programs designed to increase energy efficiency and water conservation and reduce waste. The idea is that, because cities are already at the forefront of planning and managing environmental impacts stemming from urbanization, they should assume the leadership role for 1;he environmental stewardship 26E and sustainability of their own communities. The two most prominent green building programs are California Green Builder, sponsored by the California Building Industry Association, and LEED, an acronym which stands for Leadership in Energy and Environmental Design, which is sponsored by the U.S. Green Building Council. Both programs involve a third -party certification process, have; different environmental goals, and apply to different types of development. Green Builder is an environmental building and certification program for residential construction. The program focuses on five major areas of certification: energy efficiency, water conservation, wood conservation, advanced ventilation, and construction waste diversion. Certified homes will incorporate water -efficient landscaping and fixtures, utilize high -efficiency insulation and ventilation systems, contain environmentally -sound building materials, initiate waste reduction methods during construction, and will be 15% over Title 24 building code energy efficiency standards. Green Builder has an existing partnership with Imperial Irrigation District (IID) and Burrtec for builder and homeowner incentives. IID provides efficiency diagnostics, inspections, and a certification which lead to financial incentives; and Burrtec provides a 15%-30% discount to builders for bin removal services. The Leadership in Energy and Environmental Design (LEED) program is a rating system for green buildings. Primarily focused on commercial and multi -family residential projects, LEED involves the developer registering their project with the U.S. Green Building Council, who in turn review the project for conformance and assign points based upon various efficiency, sustainability, materials quality, and design factors. Once LEED has reviewed the project, they issue a certification based upon the number of points achieved in each category. One of the ways municipal governments incorporate LEED as a green building program is to require certain types of buildings or all construction over a certain square footage to achieve a particular level of LEED certification. The City is already planning to achieve voluntary LEED certification for the Vista Dunes Courtyard Homes affordable housing project and is exploring opportunities for other projects. In addition to these programs, staff is continuing to evaluate water and turf reduction policies and study the potential of reducing the landscaping water co -efficient to a .5 from the current "lush and efficient" policy of .6. The Planning Commission has been supportive of staff drafting more stringent policies which could serve as a half-step in between the existing landscaping water co -efficient and the more stringent .5 water co -efficient. The Planning Commission has been discouraging the use of elaborate, passive water features and limiting the use of turf to functional and recreational areas. Staff is currently studying the impact of a reduced .5 water co -efficient and will be bringing a report for discussion and direction to the Planning Commission and City Council in the near future. • 267 A representative from the Building Industry Association will be presenting the Green Builder program to the Council during the July 3rd meeting. A LEED representative will be invited to make a presentation at a later date. Both programs feature similar environmental objectives but have different standards, requirements, and benefits which will need to be considered. Should the Council opt to proceed with a green building program, staff may need additional consulting services and training. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to identify goals for a green building program during fiscal year 2007-2008. 2. Provide staff with alternative direction. Respectfuyl submitted, n, Planning Director Approved for submission by: Thomas P. Genovese, City Manager 9 268 KTA aik C fAIA 0 mmh g R o ■ G7 CL E~ CD 03 09 z 0 r� N 0 CD on CD Moo U) 0 0� : EN)) 0 0 0 n CD 0 CL 0 c J F 00 C CD 3° CD 0 CD \V 0 /: BCD V/ .-0 cn V 0�/� ♦V V/ cr CD .WO 0 r-b tQ� a r W�- CV`m.O bM mz- a 279 1 Cr CD 4 0 m0 3 w cn r CD • V G) c CD � — _. 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Attendees: Company: Please fax form to BIA Desert Chapter 760-772-3372 REPORTS AND INFORMATIONAL ITEMS: CZ COMMUNITY SERVICES COMMISSION MINUTES May 14, 2007 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:30 p.m. in the Senior Center Classroom. Chairperson Weber presided over the meeting and Commissioner Gassman led the Pledge of Allegiance. MEMBERS PRESENT: Chairperson Mark Weber Vice -Chairperson Robert F. Sylk Commissioner Andrea Gassman Commissioner Bob Leidner Commissioner E. Howard Long STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Robert Ambriz Jr., Recreation Supervisor Tustin Larson, Recreation Supervisor Angela Guereque, Community Services Secretary GUESTS PRESENT: Christi Salamone, Executive Director, La Quinta Arts Foundation PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion - It was moved by Vice -Chairperson Sylk and seconded by Commissioner Gassman to confirm the agenda. Motion carried unanimously. PRESENTATIONS: Christi Salamone, Executive Director, La Quinta Arts Foundation spoke regarding the La Quinta Arts Festival. The La Quinta Arts Foundation was founded in 1982 and incorporated by Fred Wolff. The La Quinta Arts Festival is consistently recognized as one of the top 10 fine art festivals in the nation. Only Sausalito and R 2 Community Services Commission Minutes May 14, 2007 -2- La Quinta have ever received the distinction of nationally ranked in California. For the last 4 or 5 years, with the exception of this year, art sales annually have averaged between $1.8 and $2 million for the 4 days of the festival. The proceeds of the festival are used throughout the year for various programs. "Making Friends with Great Works of Art" is taught in 41h and 5th grades in the Coachella Valley and Desert Sands Unified School District and historically served approximately 5,000 students every year. This program was established in 1992 but has been experiencing some difficulties lately with "No Child Left Behind." The teachers do not have the time to set aside for art education. Elementary schools have no requirement for art education. La Quinta High School offers a photography lab for the visual arts. This past year the foundation achieved about 25% saturation into schools because the foundation was not welcome any longer. The foundation has also kept programs in the local service agencies such as the Boys & Girls Club. Up until last year the Foundation had a full time teacher at La Quinta, Indio, and the Coachella Boys & Girls Club. The Boys & Girls Club hired a teacher from the Foundation who segregates time between the three clubs. The Foundation's scholarship program has awarded $750,000 to approximately 300 students who have gone through college. The awards annually are between $45,000 and $75,000 depending on how the Foundation does at the Festival. Commission Gassman asked what the criteria are for selecting the artists. Ms. Salamone stated that there is an artist selection advisory board that selects artists each year. Attendance, art sales, the satisfaction of the artist, and public opinion are all criteria's. Vice -Chairperson Sylk asked if one of the criteria's could be the percentage of sales from the previous year. Ms. Salamone stated that every year there are a certain percentage that automatically return and they are the award winner artists. These artists are automatically guaranteed entrance the following year. Every year the Foundation strives to have at least 35 to 50 new artists. Historically the Festival has had 250 artists, this year there were 228 artists. A panel of juror's selects the artist, it is totally independent, and it is removed from the Foundation, with the exception of those invited artists who have been award winners and the poster artist. A panel of jurors comes in, which consists of professional working artists, art educators, and museum curators. Commissioner Leidner asked if there is any additional weight given to local artists. Ms. Salamone stated that there is not additional weight given for local artists. The Foundation does have a certain percentage of local artists who qualify to participate in the Festival. This is one of the reasons that the Festival is nationally ranked and achieves the standing that it has, to the best of their ability we present the finest quality artwork. Vice -Chairperson Sylk asked how many attendees there was this year. Ms. Salamone stated approximately 14,800. The attendance was down 8% this year 0 29 Community Services Commission Minutes May 14, 2007 -3- and sales were down 13%. Ms. Salamone stated the Festival has had 30,000 attendees in past at a different location. Vice -Chairperson Sylk stated that Commission Gassman had come up with a suggestion for local artists to have a separate area at the festival. Commissioner Gassman stated she was interested in seeing more local artists and would like to see art that is not so expensive so that more people who are interested in art can afford it. Ms. Salamone stated that the Foundations biggest challenge is trying to communicate everything to all people. If you were to peruse the grounds with Ms. Salamone you would be able to afford something from La Quinta Arts Festival. There is something there for everyone. Ms. Salamone presented a hand blown ceramic pot made by a local artist who has pieces that start at $5 and go up to $300. Commissioner Leidner asked if "local" meant La Quinta. Ms. Salamone stated that "local" is the Coachella Valley. If you have artists that are used to participating in the top shows across the country, they have a certain level of expectation that they are not going to be set up next to someone whose presentation isn't up to quality. The Foundation is looking for excellence in presentation as well as excellence in medium for this Festival. There are also opportunities for local artists at the "Art Under the Umbrellas" and "Art on the PlaZa" outreach ten times a year. Commissioner Gassman suggested that an annual workshop be held to assist artists with their presentations. The City tends to lean toward one particular artist because of the presentation. This workshop could) help other artists with their presentation skills. Commissioner Gassman asked if the Foundation would be willing to sit as a panel. Ms. Salamone stated the Foundation would be delighted to. Director Hylton stated that when we have a public project, we can talk to Mr. Bill Ware to help with the presentation since he has been very successful. Chairperson Weber asked if there is a way to identify bargain pieces during the Festival. Ms. Salamone stated that she purchased five original water colors at the Festival for $124. One of the benefits of buying art at an art festival versus an art gallery is that you get to speak with the artist about that piece. This is not a swap meet; it is a fine arts festival. Commissioner Gassman asked if asterisks could be inserted in the brochure noting new artists, local artists, and repeating artist. Ms. Salamone stated that new, local doesn't always mean price point. Commissioner Gassman stated she would like some way for first time festival attendees with children to introduce them to art without being overwhelmed. Ms. Salamone stated that the Foundation needs to communicate to the artists that they need to appeal to a broad range with different price points. 291 Community Services Commission Minutes May 14, 2007 -4- Commissioner Leidner stated that when he was looking at some higher priced pieces, several artists commented to him that if he contacts them after the event they could do better. What can the Foundation do to make sure you get your fair share? Ms. Salamone stated this is a big challenge. This Festival is one of the few remaining shows that charge a percentage of sales. The Foundation has an Artist Advisory Panel consisting of 12 artists that give feedback to the Foundation. If the Foundation wasn't a percentage show, they would have to charge a pretty hefty fee up front, which would further exacerbate the problem of affordability. The Foundation has been having discussions about maybe doing some testing at a couple of the Umbrella shows to see if the artists are happier with a set fee. The Foundation has expenses up front; it is a $250,000 commitment to put on a Festival. Commissioner Gassman asked if the artists are on their honor. Ms. Salamone stated the artists are on their honor. The Foundation's precautions are the multi tiered tickets that are turned in every night to report sales. Attendees leaving the gates of the festival must present a ticket for each piece of art. Chairperson Weber asked how many of the top 10 are on the % and do the artists sign any kind of statement agreeing not to take sales outside of the festival. Ms. Salamone stated that all artists sign a contract. The producers of different art shows are of different levels and some are happy to imake a lesser percentage than the Foundation requires. Vice -Chairperson Sylk asked what the percentage is that the artists pay the Foundation. Ms. Salamone stated it is 20%. Vice -Chairperson Sylk asked if the Foundation has ever thought of charging a small set fee plus 7% or 8% from the artists that haven't made much money, or the ones that are making more might want to put up cash and a lesser percentage, giving them two different choices. Ms. Salamone stated that would be very complicated. The Foundation is looking for ease of (handling. The final analysis is that the Foundation will stay with the 20%. Vice -Chairperson Sylk asked what Ms. Salamone would consider to be a successful event, what might have kept attendance down this year, and what can be done to help the event get to the level that she would like to see it. Ms. Salamone stated that the Festival has evolved in the last couple of years and is in a transformation mode. Previously the event was held at Frances Hack Park and also on Washington Street. At that time the event had evening hours and a very large entertainment component. The artists were not happy with that formula because after a long day in the sun the artists had to keep their displays open until 8:00 p.m. or 9:00 p.m. at night. More artists and bringing back the entertainment might not be the solution. For many years the La Quinta Arts Festival was the only one _R 301 Community Services Commission Minutes May 14, 2007 -5- of it kind. Now there is El Paseo, the Southwest Arts Festival, the Indian Wells Arts Festival, and the Rancho Mirage Art Affair, Commissioner Leidner asked if there has been any thought to change the month of the festival. Ms. Salamone stated that the Festival has been held the 3rtl weekend in March since its inception. There is a little bit of flexibility in that date, but not much. The 2008 Festival will be March 13`h through the 16`h which will be the earlier weekend before Easter Sunday. Commissioner Leidner commented on the lack of accessibility to food and refreshment. Ms. Salamone stated that the Foundation is trying to create a stronger association with local restaurants. Chairperson Weber stated the Commission would like to have a continued dialog with the Foundation and try to find ways to partner and assist with the Foundation. APPROVAL OF MINUTES 1. Approval of April 16, 2007 Minutes Motion — It was moved by Vice -Chairperson Sylk and seconded by Commissioner Gassman to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR None. PUBLIC HEARING None. BUSINESS ITEMS 1. Consideration of the Air Motion Art Piece Placement. Commissioner Gassman stated that she had driven by the Village Roundabout and looked at the surrounding area. One thing that was impressive was the proximity to the Frances Hack Park with the playground equipment and youthful ambiance. Vice -Chairperson Sylk stated that he agreed with Commissioner Gassman and would like the feature up lit. Director Hylton stated that one of the opportunities the Commission has is that the Public Works Department is currently renovating the Village Roundabout. The 30' Community Services Commission Minutes May 14, 2007 -6- roundabout will be raised and will have conduit, and lighting. Any piece we put in this area should be up lit due to vandalism. Commissioner Gassman stated that the Air Motion piece would be a nice feature to drive around in the Village Roundabout. Commissioner Long stated he agreed with the location in the Village Roundabout and that the Air Motion would enhance the beauty of the area. Commissioner Leidner stated that the Air Motion is a nice looking piece, but that area with Old Town is an early California motif and this piece would look out of place. Chairperson Weber stated that he liked the location especially being a plexiglass piece with lighting will be an effective way to enhance that roundabout. Commissioner Gassman thanked staff for providing other possible locations for art to be placed. These are all areas that the Commission might consider at a future date. It would be nice to have art in the medians on the major streets. Motion — It was moved by Commissioner Gassman and seconded by Vice - Chairperson Sylk to approve the integration of the Air Motion art piece into the Village Roundabout for $13,700. Motion carried with Commissioner Leidner opposing. Commissioner Leidner asked the Commission if the City didn't already own the Air Motion, would the Commission select the Air Motion for this location. Commission Gassman stated she would select this piece, particularly given the proximity to the Frances Hack Park. 2. Consideration of Fees and Charges Policies Update. Director Hylton stated that staff is not going through all the fees and charges, just a couple of changes for the Commission to consider. Robert Ambriz Jr. explained that the items to be considered by the Commission are the addition of new fees for the Museum Community Room; modifications for the Library Classroom; and fitness center fees. Considering the expansion of the La Quinta Historical Museum and the City's future management of the facility, staff will be permitting rentals of the first floor community room in the museum. This community room will have a maximum capacity of 100 and will open up to an outside courtyard that will have a capacity of 175. Staff recommends the rental fee of the Museum Community Room be established at the same rate as the Senior Center/Library multi purpose rooms. Staff recommends the rental fee of the Library Classroom be established at a rate $25.00 lower than the current multi -purpose Community Services Commission Minutes May 14, 2007 -7- room rate per category. There is a large difference in size between the Community Room and Multi -purpose room. Commission Gassman stated she is not opposed to the new' fee rates but she is opposed to the language in the classification of groups. If you look at Class I, it says "La Quinta Youth, 501(c) 3 recreation organizations." 501(c) 3 is a non profit. In Class II, it says non-profit organizations. The average person will look at Class I and Class 11, which are both non profit, and they are going to see that disparity of $20 per hour. Commission Gassman suggested cleaning up the language by making Class I — La Quinta Youth (18 and under), or 501(c) 3 recreation organizations and Class II — Community Based Organizations, Competitive Youth Sports Leagues, and Desert Sands Unified School District. Commissioner Gassman suggested the City Attorney look at this to clean the language up. Director Hylton stated she would talk to the City attorney about it. Commissioner Long stated that the cost for the Library Classroom is currently too high. Chairperson Weber stated that the City should be providing the opportunity for organizations to have these facilities at a reasonable rate. Mr. Ambriz Jr., stated that staff recommends the fitness center fees for residents be raised to $15 and the fee for non-residents be raised to $35. This increase in fees will help pay for the increase in Fitness Center hours. Motion — It was moved by Commissioner Gassman and seconded by Vice - Chairperson Sylk to approve the rental fee for the rooms at the Museum at the same rate as the Senior Center/Library Multi -Purpose rooms; approve the rental fee for the community room at the Library be established at a rate $25 lower than the current multi -purpose room rate per category; and approve the annual fee for the La Quinta Fitness Center membership be increased to $15 for La Quinta residents and $35 for non-residents. Motion carried unanimously. CORRESPONDENCE AND WRITTEN MATERIALS 1. Monthly Department Report for April 2007 Chairperson Weber asked what occurred last year at Fritz Burns Park that did not occur this year. Director Hylton stated that there was an adult egg hunt that was not held this year. Chairperson Weber stated that he liked the Parks Items of Interest. Commissioner Gassman stated that staff did an incredible job cleaning up the park after the Community Picnic. The fireworks show was the best she had ever seen. Vice -Chairperson Sylk asked if the hours should be extended for the Birthday picnic 31 Community Services Commission Minutes May 14, 2007 -8- next year. Director Hylton stated the hours will be extended up to the normal three hours for the picnic next year. Director Hylton stated that the Public Works Department and the Marketing Department had a very important role in helping staff during the event. 2. Calendar of Monthly Events Commissioner Leidner asked how many entries have registered for the Car Show. Vice -Chairperson Sylk stated the there are 40. 3. Field Maintenance Improvements with PRZ Steve Howlett stated that PRZ stands for Prescription Root Zone. This program examines soil needs, maintenance needs, and usage. This assessment program will explain the current conditions of the fields, give costs for restoration and/or renovation of fields for budget purposes, provide workable maintenance plan to restore fields to sustainability, and provide expertise to reach out and educate users groups to gain participation in any use changes. Director Hylton stated that at some point there can be a situation where you have too much use no matter what the conditions. What we are trying to analyze is if we are at that point or are we close. This helps us communicate with the sports associations for the use limit, particularly non-resident players. Chairperson Weber stated that he felt it will be beneficial to have the input from this program for the sports association agreements. The program will give us more data and expertise that we need. Director Hylton stated that if the sports associations want a certain level of service it may come with additional costs to maintain those fields. COMMISSIONER ITEMS 1. Reports from Commissioners Regarding Meetings Attended. OPEN DISCUSSION None. ADJOURNMENT It was moved by Vice -Chairperson Sylk and seconded by Commissioner Leidner to adjourn the Community Services Commission meeting at 7:05 p.m. Motion carried unanimously. Community Services Commission Minutes May 14, 2007 -9- NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on June 11, 2007 commencing at 5:30 p.m. in the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253. 4mitted Wby: Angela Guereque Community Services Secretary 307 REPORT/INFORMATIONAL ITEM: a INVESTMENT ADVISORY BOARD Meeting May 9, 2007 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:30 P.M. by Vice Chairman Olander, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, Deniel (4:35), Egbert and Rassi (4:40) ABSENT: None OTHERS PRESENT: John Falconer, Finance Director II PUBLIC COMMENTS — None. III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Board Member Moulin requested the Book "La Quinta Legend in the Making" be added to Board Member Items for discussion. IV CONSENT CALENDAR Approval of Minutes of Meeting on May 9, 2007 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the minutes of May 9, 2007. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for March 2007 Mr. Falconer presented and reviewed the! staff report and advised that page 3 reflects a decline in the portfolio by $26.3 million. This was due to the semi-annual debt service payment of $6.1 million due on March 15L and the purchase of the Mazella property located near Costco for $20.0 million. Funds from LAIF were used to purchase the Mazella property, pay the debt service, commercial paper and U.S. Treasuries. General discussion ensued by the Board regarding the location of the Mazella property and development possibilities. Also discussed was the recent annexation of property located on Washington Street to be used 3 Investment Advisory Board Minutes May 9, 2007 for Senior Housing, and Vista Santa Rosa and their desire to form a local agency. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for March 2007. Motion carried unanimously. B. Continued Consideration of the Fiscal Year 2007/08 Work Plan - Review of Investment Policy In response to Chairperson Deniel, Mr. Falconer advised the Board that the next scheduled meeting in June, the Board will meet with the City Manager and City Attorney to discuss the proposed policy. Mr. Falconer asked the Board their views and consideration of the purchase of callable Freddie Mac bonds, wherein the call dates have already expired. The industry considers. this type of bond a "bullet." Further discussion regarding the bond ensued, with the Board agreeing that these types of purchases were acceptable. Chairperson Deniel requested that Staff email the Board the final redlined draft of the Investment Policy for one last final review. In response to Board Member Moulin, Mr. Falconer advised that new auditors have not yet reviewed the C:ity's Investment Policy, and therefore, have no comments at this time:. MOTION - It was moved by Board Members Moulin/Olander to continue the discussion of the Fiscal Year 2007/08 Work Plan Investment Policy to the June meeting. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A . Month End Cash Report and other selected Financial Data - April 2007 Mr. Falconer advised that the LAIF percentages were up to 5.21 % and there were no additional changes in investments to report. Mr. Falconer updated the Board on the CMTA conference in Long Beach, California that was attended by Mr. Falconer and Board Member Rassi. ,a 2 Investment Advisory Board Minutes May 9, 2007 Mr. Falconer stated that during the State Treasurers presentation he advised everyone the new term currently being used at the State Capital is the word "Green." Noted and Filed B. Pooled Money Investment Board Report — February 2007 Noted and Filed VII BOARD MEMBER ITEMS General discussion ensued among the Board regarding the book "La Quinta Legend in the Making." Additional discussion ensued among Staff and the Board regarding the CMTA Conference. Mr. Falconer stated that one of the Keynote Speakers was the author of "Chicken Soup for the Soul," in addition to the State Treasurer, who spoke of his background and his thoughts about his current term in office. VIII Adjournment MOTION - It was moved by Board Members Egbert/Olander to adjourn the meeting at 5:05 p.m. Motion carried unanimously. Su fitted by, r � Vianka Orrantia Secretary •0 30 3 Department Report: ' 1"fl �N OF T -O: The Honorable Mayor and Members of the City Council ROM: Bret Plumlee, Assistant City Managerr )ATE: July 3, 2007 >UBJECT: Department Report - Response to Public Comment he following public comment was made at the June 19, 2007 City Council meeting: 1. Joan Rebich 53-810 Avenida Cortez, asked about the possible irregularities reported in The Desert Sun regarding the Coachella Valley Mosquito & Vector Control District. She understood Ron Perkins is on that commission, and asked when does he provide his report to the Council. The Mayor responded Council receives copies of the minutes each month, and unless there are issues, they do not respond. Council asked staff to provide the minutes to Ms. Renick. The City Clerk's office: provided the minutes to Ms. Rebich on June 20, 2007. 30 DEPARTMENT REPORT: �— I�T o c&t,, 4 uw > tiS OF TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant Ci Manager — Development Services DATE: July 3, 2007 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the: final Quarterly Marketing Report for Fiscal Year 2006/2007 is attached. d a 31f Kin erCommunications Quarterly Marketing Report Fourth Quarter of Fiscal Year 2006-07 City of La Quinta Marketing Plan Implemented by Kiner Communications COMPLETED: Art in Public Places Map — Designed a pocket map, as a sister piece to the Bike Map, highlighting all the Art in Public Places in La Quinta, as well as information on the program. (See attached) L.A. Times Advertising — Created a second L.A. Times quarter page color ad with a consistent look/feel as the ad that ran in March — showcasing La Quinta as a destination and all the fun things there are to do here. Secondary ad was published in the Travel section on April 22°d. (See attached) Promotion of 25`h Anniversary Events — Produced another radio spot with KESQ TV personality Ginger Jeffries to promote the primary 25'h anniversary events in April, such as the picnic and concert/fireworks. In addition, created print ads for the Desert Sun to promote the events. 2008 Calendar — Finalized theme, which will be "Enjoying Outdoor Living in La Quinta." Determined topics to be featured for each month, as well. Hired photographer and working to scout all locations for best lighting to begin shooting photography in the next couple weeks. Public Relations — Issued press releases and secured coverage for the 25`h anniversary events, including a separate release on the "Historical Perspectives" event. Distributed press releases for the new Art in Public Places Map and the La Quinta Historical Museup 3 groundbreaking. Also pitched a story idea to The Public Record on the City's marketing savvy and the results the City has seen due to its economic development marketing program beginning in 1998. The Public Record not only agreed to feature the 1,000+ word article, but also used it as its primary cover story the week of April 16`�. (See attached for press releases and examples of coverage) 2007-08 Marketing Plan — Worked with staff and incorporated Council comments and direction into the creation of the 2007-08 Marketing Plan and budget recommendations. Designed plan in color -coded format to make division of departments and their respective responsibilities clearer. 31 M y 'W OE'15 3. erity o f Tim"e For Immediate Release Contact: Carolyn Moloshco Erin Gilhuly Kiner Communications 773-0290 LA QUINTA 25T" ANNIVERSARY EVENTS KICKING INTO HIGH GEAR Celebrations Offer a Variety of Activities Including Fish for Prizes, Showcase Talent, Tour Artistic Treasures, Enjoy a Fireworks Spectacular La Quints, CA (April 17, 2007) — The City of La Quinta, the La Quints Arts Foundation, and the La Quinta Historical Society are proud to present more events in celebration of the city's 251" Anniversary. Throughout the month of April, and into May, residents and visitors can enjoy a wide array of activities that illustrate La Quinta's majestic location, history, growth and resort opportunities. Events include something for everyone. An overnight catfish derby at Lake Cahuilla beginning Friday evening, April 20"', will end Saturday morning with awards for the winning catches including a $1000 first place prize. A total of twenty-five prizes will be distributed to those who catch the largest catfish. On Tuesday, April 24t", the fascinating history of La Quints will be celebrated at a reception for, "La Quinta, A Legend in the Making," a new book commissioned by the city in honor of the 25th anniversary. The book, authored by Victoria Bailey and Gayle Biondi, explores the city's rich history in five chapters: Discovery of an Earthbound Eden; Prospects for Prosperity; The Drive to Incorporate; and, Those Who Make a Difference. The reception at the La Quinta Library is a great opportunity to hear the compelling history of La Quinta from the era of the ancient Salton Sea to the days of the rich and famous. A tour of artistic treasures at St. Francis of Assisi Catholic Church is scheduled for Wednesday, April 25'". Docents will lead visitors on half-hour tours revealing the stories behind the murals, the garden, stained glass windows, mosaics, and the Chapel's labyrinth carpet. Visitors will learn little-known facts and mysteries about the church including how many pipes are in the organ, and what Italian film director Franco Zefferelli's connection is to the church. On Friday, April 271", a talent show featuring all ages will be presented at the La Quinta Senior Center. Musicians, singers, dancers, magicians - whatever your talent - now's the time to showcase your personal best and audition for the show. Fifteen acts have already signed up. •" 3 Auditions are being scheduled for group and individual acts on Tuesday, April 24th, from 3:00 p.m. to 5:00 p.m. Community unity will be celebrated at a picnic on Saturday, April 28th, at Fritz Bums Park. Everyone is invited to come out and enjoy the festivities that will include activities for young and old. Games, entertainment, swimming, goodies for adults, and other giveaways are some of the attractions being planned. Local businesses, community groups and organizations will provide booths and interaction. An event for the entire family, the picnic will honor the City and be a day to remember. Saturday, April 28th, will end with a live concert and fireworks extravaganza at La Quinta High School. The La Quinta High School Blackhawks Concert Band will kick off the evening's festivities at 7:00 p.m., followed with a performance by the 29 Palms Marine Corps Air Ground Combat Center Band. The 25th Anniversary fireworks spectacular will light up the La Quinta skyline. The celebration continues on Monday, April 30th, at the city's 25th Anniversary Golf Tournament at SilverRock Resort, the Arnold Palmer Classic Course. More information on the golf tournament and all the events can be found at www.la-guinta.orq. In May, a La Quinta Chamber of Commerce sponsored car show is scheduled for May 20th. The Rod & Custom Car Show will feature exotic and custom cars, cleaned, polished and primed, for car enthusiasts and everyone to enjoy at Old Town La Quinta. Here is a list of upcoming La Quinta 25th Anniversary events: 25th Anniversary Catfish Derby Friday, April 20 10:00 p.m. Friday to 6:00 a.m. Saturday Lake Cahuilla 58-075 Jefferson Street 25th Anniversary Book Launch "La Quinta, A Legend in the Making" Tuesday, April 24 7:00 p.m. — 10:00 p.m. La Quinta Library 78-275 Calle Tampico 25th Anniversary Tour of Artistic Treasures Wednesday, April 25 5:30 p.m. — 7:30 p.m. St. Francis of Assisi Catholic Church 47-225 Washington Street 25th Anniversary Multi -Generational Talent Show Friday, April 27 3:00 p.m. — 5:00 p.m. La Quinta Senior Center 78-450 Avenida La Fonda 31� 251h Anniversary Community Picnic Saturday, April 28 10:00 a.m. —12:00 p.m. Fritz Burns Park 25th Anniversary Concert & Fireworks Saturday, April 28 7:00 p.m. — 9:30 p.m. La Quinta High School Westward Ho & Adams 25s' Anniversary Golf Tournament Monday, April 30 7:00 a.m. — 9:00 p.m. SilverRock Resort Arnold Palmer Classic Course 79-179 Ahmanson Lane 25th Anniversary Rod & Custom Car Show Sponsored by the LQ Chamber of Commerce Sunday, May 201h 7:30 a.m. — 5:00 p.m. Old Town La Quinta 78-015 Main Street Erin Gilhuly Carolyn Moloshco Kiner Communications 73101 Hwy 111, STE4 Palm Desert, CA 92260 760-773-0290 •0 3 a �4_� OPT For Immediate Release Contact: Carolyn Moloshco Erin Gilhuly Kiner Communications 773-0290 COUNCILWOMAN TERRY HENDERSON PRESENTS CITY OF LA QUINTA PAST, PRESENT & FUTURE The La Quinta Historical Society "Historical Perspectives" event continues the City's 25th Birthday Celebration SATURDAY April 14, 2007 10:00 a.m. —12:00 p.m. "LA QUINTA — REFLECTIONS OF THE PAST, IMAGINE WHAT LIES AHEAD" PRESENTED BY COUNCILWOMAN TERRY HENDERSON At LA QUINTA COMMUNITY CENTER 77-865 Avenida Montezuma (located at the La Quinta Community Park in the La Quinta Village) Longtime La Quinta cove resident, Councilwoman Terry Henderson shares her unique perspective of the city's past, present and future this weekend at the La Quinta Historical Society's final community presentation for the season. Titled "Reflections of the Past, Imagine What Lies Ahead; the program continues the ongoing series of events celebrating the city's 25th birthday. 3 Incorporated in 1982, the city has grown from a population of just over 5,000 to one of California's fastest growing cities with a current population of approximately 41,000. Councilwoman Henderson, recent recipient of the La Quinta Hall of Fame honor, has been an eyewitness to the explosive growth and will share her historical knowledge, personal experience as a resident and city leader, and the city's vision for the future. Henderson's personal love story with the city began more than 20 years ago when she purchased a home in the La Quinta cove in 1985. After viewing a house for sale at the urging of her son, John Henderson, who had recently finished his term as a La Quinta Councilman, Terry immediately began negotiations for the home. "It was love at first sight," says Councilwoman Henderson. Henderson is one of thousands who have come to love the City of La Quinta. She hosted some of the early historical society meetings in the late 80's in her home. The "Gem of the Desert" is now a year-round, multi -recreational and destination resort community yet it retains its small town feel of days past. Aside from the past, Henderson will reveal what lies ahead for the city. "La Quinta is truly a special place with a wonderful sense of community; says Henderson. The presentation is free. Light refreshments will be served .0 31 r For Immediate Release Contact: Erin Gilhuly Carolyn Moloshco Kiner Communications 773-0290 CITY OF LA QUINTA FREE ART MAP AVAILABLE La Quinta (May 1, 2007) — Public art is everywhere in La Quinta and residents and visitors can now create their own art tour with a new, compact, free Art Map available from the City of La Quinta. The easy -to -read map details 17 locations where public art can be found. "The City of La Quinta is filled with artwork and this map is a way to ensure people can enjoy all of our city's wide-ranging and eclectic artistic beauty," says Edie Hylton. "The free map continues our commitment to the Art in Public Places Program that was established in 1990." Those who pick up a map will discover many of the public art works and locations are recognizable but there are several that might take you by surprise. For instance, the bus stops along Highway 111 have artistic panels integrated into the design. Local students even contributed to the public art arena with their mural at the La Quints Car Wash. Known as "Desert Mural," the work by Marcia Gibbons and her La Quinta High School students is part of everyday life in the city. From sculptures to fountains to mosaics to monuments to the Village Bell, the art works are visual evidence of the city's flourishing public art collection. A visit to the La Quinta Civic Center Campus reveals 7 art works on display, a testament to the success of the Civic Center Art Purchase Program that began in 1988. The program involves the purchase of art pieces from the La Quinta Arts Festival to enhance the Civic Center facilities. The Art Maps come in compact, easy to access, credit -card -size envelopes, similar to the free Bike Maps released earlier this year. The convenient maps can be easily tossed in a purse or kept in a vehicle's glove compartment. 31f Free Art Maps can be picked up at La Quinta City Hall, the Community Services Department. For more information regarding the Art in Public Places, visit the City's website at www.la-guinta.org. Contact: Carolyn Moloshco Kiner Communications 73101 Hwy 111, Suite 4 Palm Desert, CA 92260 760-773-0290 x231 f For Immediate Release Contact: Carolyn Moloshco Kiner Communications 773-0290 x231 LA QUINTA HISTORICAL MUSEUM PROJECT GROUNDBREAKING Multi -Million Dollar Expansion Project Moves Forward WHAT: The City of La Quinta and the La Quinta Historical Society are hosting a groundbreaking ceremony for the expansion of their Historical Museum from 950 square feet to 10,000 square feet. The 10,000 square foot building will provide space for a museum store, two exhibit halls, an archives room, a classroom, and a meeting room. It will also have a second floor facility for community events. The cost of the expansion project is $2.5 million. WHEN: TUESDAY, MAY 8T" 9:00 a.m. WHERE: The LQ Historical Museum site 77-885 Avenida Montezuma (near the LQ Community Park in the Village downtown area) WHO La Quinta Council Members LQ Historical Society President Don Arrends Historical Society Members Davis Reed Construction Co. PW Construction Co. .• 3 Please enjoy light refreshments at the conclusion of the program. They will be served across the street from the Historical Museum site at the Community Center located in the LQ Community Park. Carolyn Moloshco Kiner Communications 73101 Hwy 111, STE4 Palm Desert, CA 92260 760-773-0290 x231 32 a ;i r' � r i, t d t `i it i Y gives tips for winning >t: r k, i I. _6., 11 i Page 12 Mooday April 16 2007 �a r LOCAL BUSINESS City celebrates 25 years, dynamic growth 13Y MICBAM PEIMAULT Taa ...T DUN T\vo years ago, several busi- nesses were interested in pur- ,,basing a parcel of lend so they could set up shop on the south aide of Highway 111 at.Dune Palms Road in Ls Qu4na. Their efforts were friddess, however, so the city of La Qrin- ta's redevelopment agency stepped in, contacted the prop- erty, own= and worked out an agreement to acquire the proper- ty. City officials also worked with an adjormag property own - a so the site would be large enough for a big -box retailer. Today, a 136,000-square-foot Sam's Club employs about 165 people at the site. ^(The) icing on the cake in this project is the city retained property at the rest for an af- fordable housing project," said Doug Evans, director of com- munity, development for the city of La Quints. The city first developed an economic development smmgy. a little more than a decade ago, one that has evolved every year as a team,,ses it as a road map to attract certain businesses to its mo-mile Highway I I I com- mercial corridor, a downtown "village," the SilverRock Resod area and surrounding areas. As part of its strategy, La Quints pays an outside firm to assess the valley's market condi- tions, create a five -yew forecast and identify b asinesses that are good for the residents and long- term economic health of the city. "We then use that information to develop a set of guidelines that the City Council annually reviews and adopts," said Frank Spevacek, La Quinta's redevel- opment, economic development and housing consultant Evans wllaborates with Spe- wcek and in -home management analysts Made Ce sillas and Deb- bie Powell to implement the economic development plan and attract and retain businesses. One advertisement that aims to entice businesses and visitors exclaims, - the stars love Ter Quints ... Come sec why." The ad notes that La Quints has long attracted stars such as Bette Davis, Mery Griffin and count- less other icons, including golf legend Arnold Palma. For many businesses, the line is more La Quintes growing population and that of a sur- rounding 15-mile radius — some 294,000 people. Also, household incomes range from avaages of $61,480 to $72,646 and up. It's the sort of demographics that prompted Wal-Mart to open its fist Supercenta in the state in Ter Quints, and its quaint downtown "village" area' attracts many boutique retailers. Another step La Quints is tak- ing is to invest redevelopment funds to shore up inkastmcture, such as streets and storm drainage to better prepste prospective sites for private de- velopers. "I think the unique element with the city of Ta Quinta is if the private sector is having trou- ble jitmp-stacung a project, the city takes a very active: role," Evans said. Often, when the city has con- trol of property, it's easier to en- ter into a dialogue with prospec- tive tenants, city officials said. A key is identifying businesses deemed important to the city over the long term, and some- times reimbursing than for vas mus improvements they're will- ing to make. Since about 2000, there's been a push by economic develop- ment officials to woma resort - type businesses inch as hotels. That led to an entire new mitia- tive. "We ran up against the fact that many hoteliers would ask, 'What type of golf packages can you offaY" Spevacelc said. La Quints went on to secure land for what is now the Silver - Rock championship golf course and resort area. "We recently signet an agree- rnmt with Lowe Eaterprism for development of a boutique ho- tel, a resort hotel and retail," Canllas said. A three-pbase plan calls for condominium hotel units, wn- fetence, facilities, resmu t, spa and resod casims. . Similarly, at Washington Street and Miles Avenue, the city acquired land where a Homewood Suites by Hilton ss slated to open this summer. Lennat will build most residen- tial units. la Quints recently attracted medical offices and other sm- vices that many residents cur- rently must go elsewhere to ob- tain. Eisenhower Medical Ceuta plans an 85,000-squwe- foot fast phase project, part of what evmmally will be a nearly 200,000-square-foot medical of- fice project. "The city of La Quints has been a little undesserved," Evans said. "A lot of our residents have to travel to neighboring commu- nities to we their physicians or to get treatments." The city also wants to attract developers that offer a broads array, of housing opportunities to betta support the diverse work- force, Spevacek said. Whm businesses do decide La Qtinm is right for them, the city works aggressively to stem than through the permitting processes. "We feel like we offer real good service relative to the enti- dement review, while still main- rairu,, allthe standards of the city of La Quints," Evros said. City Prupert The chy viewed Develop ady hall Quints. Busim Fauns a center e or onlin Econon a Made manage is Debb manage ■ Doug director a FmO redevel develol consun Ph" a City 1 ■laQ 564-3: Key de La Quli various speck indudii ■ Higl comda Jeffers acres ■ Dan 120 a Is vacs a Sily a Spl 'In the we're 1 indma atmos orient neight Speva econo consu La Qu a woi a Thn a QUE a Car A gm a Fin the ci 54,0( a Anc mile I 10-m ■An La Qe 10 3 t The Des" LFLL > : r UIL y 111 is 25 years, dynamic growth sp a set of guidelines City Council annually nd adopts," said Frank K La Quinta's redevd- economic development sing consultant. collaborates with Spe- d in-house management Mada Casifias and Deb- dl to implement the :c development plan and ad retain businesses. ivertisrment that i inss businesses and visitors "1'he scats love La .. Come see why." 9-he that La Quinta bas long I stars such as Bette 4mv Griffin and coant- •r icons, including golf unold Palmer. m➢ businesses, the hm La Quinta's growing on and that of a sur- g 15-mile radius — 4,000 people. Also, Id incomes range from of $61,480 to $72,646 : sort of demogropldcs npted Wal-Martm fast Supetcenter in ,he !a Quints, and in owntown "village" area many boutique retailers. s step La Quinta is tak- invest redevelopment shore up infrastructure areas and storm to better prepare ive sites for private de- k the unique element city of La Quints is if ue sector is having trou- rstarting a project, the city takes a very active role," Evans said. Often, when the city has con- trol of property, it's easier to en- ter into a dialogue with prospec- tive tenants, city officials said. A key is identifying businesses deemed important to the dry over the long term, and some- times reimbursing them for vac tour improvements They're will- ing to make. Since about 2000, there's been a push by economic develop- ment officials to attract resort - type businesses such as hotels. That led to an entire new initia- tive. "We ran up against the fact that many hoteliers would ask, 'What type of golf packages can you offer?'" Spevacek said. La Quinta went on to secure land for what is now the Silver - Rock championship golf course and resort area. "We recently signed an agree- ment with Lowe Enterprises for development of a boutique ho- tel, a resort hotel and retail," Casillas said. A three-phase, plan calls for condrm order , hotel units, cua- ference facilities, restatrany spa and resort casims. Similarly, at Washington Street and Miles Avenue, the city acquired land where a Homewood Suites by Hilton is slated to open this summer. Ironer will build resort residen- tial units. La Quints. recently attracted medical offices and orb= ser- vices that many residents cur- rently most go elsewhere to ob- tain. Eisenhower Medical Center plans an 85,000-square- feot fast phase project, part of what eventually will be a nearly 200,000-square-foot medical of- fice project. "The city of La Quit" has been a little undersenved," Evans said. "A lot of our residents have to travel to neighboring commu- nities to see their physicians or to get treatments." The city also wants to attract developers that offer a broader array of housing opportunities to better support the diverse work- force, Spevacek said. When businesses do decide La Quints, is right for them, the city works aggressively to steer than through the permitting processes. "We feel like we offer real good service relative to the enti- tlement review, while still main- taining all the standards of the city of La Quints," Evans said. tatty snapshot Popedy zoning Questions The city's zoning map can be viewed at the Community Development Department counter at city hall, 78-495 Calls Tampico, Is Quints. Business licenses Forms are available in the finance center at the Is Quinta Civic Center or online at www.la-quiM.org. Economic development officials a Made Casillas, management analyst a Debbie Powell, management analyst Is Doug Evans, director of community development ■ Frank SpevaceK redevelopment, economic development and housing consultant Phone musilmm a Chy of to Quinta: 777-7000 ■ Is Quinta Chamber of Commerce: 564.3199 Key dovelopsoant areas La Quinte is working to straci vadous types of businesses to specific areas within the city, Including: as Highway III commemial corridor, from Washington to Jefferson streets, with almost 500 acres of developable property. Is Downtown village Includes about 120 aces, of which about 60 acres Is vacant and undeveloped. a SilverRodt Resort a Sphere of Influence Annexation. 'In the Village and SoverRock areas, we're trying to develop a more intimate, small business atmosphere, more pedestdan- oderded type buildings and neighborhood layouts,' mid Frank SpevaceK city redevelopment, economic development and housing consdiant Lis Quinta's strengths a World -class goff a Thdving arts community a Quality of life a Consumer base A growing population is Fmm 38,340 in January 2006 in the city of La Quinta to about 64,000 by 2020. a Mother 133,000 live within a 5- mile radius, with 220,000 within a 10-mile radius. a A median household income in La Quinta is about $61,480. 10 is while it seasonal according aln Coac 35.4 pert as In Indio percent c is In La Q. 23,694 b a Big box T7 .01 32 Y 3 A o aE y S o g v a ao El 0 .9 an 'a v o a ny E 6.a con V . �' o .� •� a -.sue ' ��., . b ' o IS of ° � v Cp yea' .A.p yn y .� C� id Lpy, yy..'RQ� 2 0 •,j '❑m �i 1:*C•u aa,gi..0.3 s�V.�a w 0y0 A m O N W N n F .O a O N q32, m PU � pG -06 4 1� Al O O 'SY N is b p. ��"Eg3��ywdoi•.�Co�3�a�� Ifl N N W q to W r p W � ]� w w � 3 z L t- Q w 0 � a �' a � u o a z m tl �' v o '� m Q ❑ w J Q U � a 'y w U J m ]❑ d w U F Z IV 3 - a e F 3 � i w • - 3 � �+� y nF • ® 6 Y A d v { Fqi a� '" o� a o o � �"' a� y >. ° �fa.,r,8,� Sr °J�•a��'y'dp,� � eon �,d.°� w o U 7 y a y �°y '9, -,°,�, ,s`� ' v ° •9 3° A ,y9' `C k� 'd3 0 bo Wiu _�.�' 0a o U)A a $ Fq �i °a 3 5 'o o o •a 32 m� m s 0 �9 G M M •5-...9yy � �' w°O V ?Wa�� •aµ.. � � E JIaX3 gJ,- OS N Fi. y .g •d '�% U N b9 �g To N0 qp o' w Q A �o `.qp9 �' `o� Cyr ttl G Yp N O G o13 A 2ad 32( .N 33 �ZiQ5F1t:CJtltt�:- ,, . a'r " a -mm f rya TT 40 ++.h �� b SYS y�f! .,60.��•� LSa'' Crya"ptdt jUg� -'r �CACf�Ii S'�i�r��1�]B�bp�rsr ,r'}� I i ,t 33 - ` Tape =� tom J1. tl of fish that weigh 30 founds befoie theYtht, -gug s tt s a inyth he said n -F"or Doug 3Codgets"of Big $rear, -°711{tt d gH$ sa-td,sYt Mg�rs atnt�ed at the,'iQ p m tt wasri't@�e puny'fishea or fie Yadc :pa''l��`?;iilthe�V,2ter We ;opentngm�rk and -set hp camp bitter cold that }i2d hfm agitated. , - fished a�lttigltt`atidgtl'v`ng!".: `„ ;ot�e4night'aiounll' the1ake s 3 "At 5.56 a.m., I ltad a 6sh' and - Roijge4s''geci�t Uatiibgforihultl. �nulg iiius. .'' '; . - , there was a boom, boom,,boom, `ofm�'shed-up dogftiod`wi$i'®rAv'y' ';, �"'asecapghttus5shwitivnthe� ` but then he slopped,', said_ would notve ityt0 his bxpec-„fitsthottrs , _"___ _ ,. _" _ £T .rts garden.4 .�a�,k'�.B .P `�,� + �T4�se�aumn�,toputt�and pCay The ary etiCo � "� �'_`ve�atg'golf toum ' �t*�i �' YySY��' ;t >��,�RO ai .�' •. 13 y;ie �"Si n`�111�1.4�t'aVG ��h I IRS 9 ROM i a(t �R k F h 'S N 5d �'ati ACtht#te�YGIIQI lance 4 r Zhone-day worksty eft, sation play S m L IS- Vpter f " < "" I7exeoied u}- I872, contact�unl er t - .,`nets�c7mttge'fhea body weigktt v Wh other to roll, spu`a 3u[tite'gteetis, v" .,- - a �"§ de atbng the wptouts df cacl#o "! •8 33 A » § � f© � 71 ito be*oud ot It isjgsta-', ,V -"A 'Q .. r¢ - .�rV - .... inl .�rV rr+��,..� fi �xa�.L ♦xtrv�.. uarno, uiarK Uaolujdllu PCkL4 excap LEl@ $oR-Co 1m@f11 ' < Davis. flonm&1 Ex�3 QtNUCaRB$aFt s 331 "ib9C<fior Reacfi. Julia Glick` at 7sa e3rtiaia or wwsvla gti,ri6a rnrP/IndeC aAx? y„ ,dandhcb; u➢ea ii�'J26 = - JBIick@REadm dV�INECfTIQ�tiJI(IIN�1 thedesertsun.com I Historical society sees dream coming true Page 1 of 2 Return to article I Return to Local News Historical society sees dream coming true Ground broken on long-awaited, $2.5 million expansion Wllllan Avila La Quinta Sun May 10, 2007 LA QUINTA - On the comer of a vacant dirt lot near Old Town La Quinta stands a small, hexagonal bungalow. For more than two decades, it has stored important remnants of La Quinta's young, but rich history. On Tuesday morning, the city ensured that the items neatly exhibited in the 953- square-foot stricture, the La Quinta Historical Society Museum, would never perish. A groundbreaking took place on the dusty lots, symbolizing the beginning of construction for the $2.5 million extension to the existing building. Construction is scheduled to begin this month and it is set to open March 2008. Supporters of the La Quinta Historical Society Museum stand in front of the museum on Tuesday morning when a groundbreaking ceremony was held on the museum extension. The extension will add 9,000 square feet to the museum. "That little museum held a lot of history," said Louise Neely, the museum's director. "The groundbreaking was a long awaited event. It's an exciting thing." The Spanish -styled building was erected in 1936, one of the city's oldest structures. Now it will have an additional 9,000 square feet for visitors to stroll through without having to squeeze by each other. Each year, nearly 1,100 visitors crammed the museum to marvel at Cahuillian American Indian artifacts, from tools to pottery. Photo stories line the walls and paintings depict early life in La Quinta. Though the extension will not take the museum to the top in size in the desert, it will be a significant upgrade in which several artifacts stored away will resurface. "We won't have the biggest, but by golly, we'll have the best in quality," said Dori Arends, the organization's board president. Inside the addition will be a museum store, several exhibit areas, archives, an educational classroom, community room and courtyard. "The ultimate goal was to have a museum the city could be proud of and also a place that could be used for other social gatherings," La Quinta Mayor Don Adolph said. For Alice Bailes Bell, the society's first president and one of its founders, it is hard to believe the small museum she worked out of, which used to be a real estate business, will soon grow 10 times its size. "We had no money back then. Now we went from zero to $2.5 million. How about that?" she said. "p 33 httn://www.thedesertsun.com/arms/nbes.dll/article?Date=20070510&Cate¢orv=NF,WS01... 5/1 1 /2007 thedesertsun.com I Historical society sees dream coming true Page 2 of 2 "It's so exciting for me because I feel like a mother and this is my baby," she said laughing. The only modification made to the existing museum will be replacing the roof. The museum will be the facade to the extension, which will tower behind it. "I can hardly wait," Neely said. "There's no other way to put it." She Search Customer service About thh site Contact us FAA. Submits NMI Advertise CLASSIFIED PARTNERS: Jobs: Careerauilder.cnm I Cars: Cars.com I Apartments: Aprhnams.cem I Shopping: ShopLocaLcom Copyright © 2007 The Desert Sun All rights reserved. Users of this site agree to the Terms of Service and Privacy Policy/Your California Privacy Rights (Terms updated March 2007) C�lW'E1T sou .fx 33 httnr//www.thedegertsnn cnm/annc/nhcs dll/artic1e?Date=2007051 nkC.ateunrv=NF.W901 __ 5/1 1 /2007 n -kid I s in The Marine Corps Combat Center Band from Tmrtynme Palms in concert LA AtllMS, ARNOL6*RA MEI9, AND THI QUERN When Presided Rmb tea Eizabethn to the WhiteHousein Maya Wed list of attendees were invited to pre" Mt Buena first -ever white -tie state dinner. Among those on the list were La Qmn&s own Arnold Pithrier and his wife, Kathlerat. Other guests included Cgdn Bind, the jockey on this year's Kentucky Derby -winning Street Sense, NBC newsman David Gregory and Colts quarterbackPeyton 16 LQ Magazine FIREWORKS AND FESTIVITIES MARK SILVER ANNIVERSARY It was a show of shows as The Gem of The Desi officially celebrated its 25th birthday with food, fc festivity and fireworks. Approximately 1,0 residents and neighbors flocked to Fritz Bums Pa to help La Quinta celebrate with plenty of birthd ballyhoo. Local business and organizations set 1 booths and a group of local musicians entertain the crowds. "There's just nothing better than a g4 together at the park," said Edie Hylton, the cit community services director. The turnout celebrants was a bit of a surprise to all w participated, including the La Quinta Rotary Cl that served about 1,000 complimentary hot dogs "Just an hour -and -a -half; according to An Brakebill, the club's president. A gala concert a fireworks extravaganza was a befitting finale to t uty's landmark birthday event that originated frc the La Quinta High School grounds La Quanta's own Arnold Palmer and wife Kathleen attended President Bush's white -tie state dinner. M Stanley Sniff, Don Arends, Mayor Don Adolph and Terry Henderson LA QUINTA HISTORICAL MUSEUM EXPANSION UNDERWAY he La Quinta Historical Museum marked the official start `its expansion project with a groundbreaking ceremony on [ay 8. The museum will be transformed from its current 50-square-foot facility to a comprehensive, full -featured ),000-square-foot center. Large groups and unlimited :tivities will be accommodated within the planned addition r two exhibit halls, a museum store, archives room, assroom and a meeting room. A second floor facility will rovide plenty of space to host community events. The cost F the expansion project is $2.5 million. EXCLUSIVE LOCAL CULINARY STUDENTS DISPLAY RECIPES FOR SUCCESS Top culinary students from La Quinta High School were awarded Fifth Place at the prestigious National Restaurant Association Educational Foundation (NRAEF). The awards ceremony was the sixth annual National ProStart Student Invitational in Charlotte, N.C. where up-and-coming culinary stars were awarded with scholarships to premier culinaryinstitutes and universities. The ProStart program is a two-year curriculum designed to teach high school students the management skills required for a career in the restaurant and food service industry. The Ohio, Mississippi and Tenne3M Rivers hold thrilling tales of America' _ a��, des. Heroic figures like Davy Crockett and Daniel Boone. Kentucky Burgoo el . ow , mem can cru�W these waters on some of Ame[ica's most comfortable and elegant river cruise ships- while enjoying exclusive savings of up to ��, $100 in shipboard credit.�F k7c P tR LQ Magazine 17 ire, In Between Earth and Sky, or the Burns Park Pool, both located at Burns Park on the comer of Avenue nd Avenida Bermudas. Each offers a �shing escape from high desert aeratures. The pool is open Monday ugh Friday from 2 to 7 p.m., except Vednesdays which is 2 to 4 p.m.; tend times are to be determined. rission costs are $1 for 17 and under $2 for 18 and older. Call 777-7090 nore information. And remember, t forget your sunscreen. 30 Texas Hold'em Tournament i• `YOUR HAND AT POKER don't really have to know "when to 'em," but it might help, especially if enter the Texas Hold'Ena rnament at Spotlight 29 Casino. isored by the La Quinta Chamber of amerce, the poker tournament is duled for June 30 from 2 to 6 p.m. entry fee is $50, and players must register. For details, call 564-3199. • rCH A MOVIE AL FRESCO e idea of taking the whole family to novies sounds like a budget -buster, lity of La Quinn. has just the ticket for affordable fun. Residents are invited to bring their chairs and blankets to the La Quints Civic Center Campus and catch a free movie being offered in its Open Air Cinema movie in the park series. A 20-foot outdoor screen will be used to show family movies on six Saturdays from June to September. The series kicks off at sunset on June 30 with ashowing.of"Happy Feet" For a full schedule of movies, call 777-7090. "rT !ol SHOW YOUR PATRIOTISM Even as the July Fourth fireworks fade from memory, you can still show your colors at the La Quinta Senior Center's "Patriot's Day Luncheon," scheduled for noon on July 5. Continue your holiday celebration with "lively entertainment, a delicious menu and friendly conversation," all for a $1. Reservations to MagaziA 53 Tjht 4 4 a" COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution of the City Council Approving the Community Building Architectural and Landscaping Plans for Site Development Permit 2006-857 for the Dune Palms Neighborhood Apartment Development Located on the Northwest Corner of Avenue 48 and Dune Palms Road. Applicant: Coachella Valley Housing Coalition RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt a Resolution of the City Council approving the Community Building architectural and landscaping plans for Site Development Permit 2006-857, subject to the attached Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW Environmental Review The La Quinta Community Development Department has determined that this request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 2004-524 for Specific Plan 97-01 1, Amendment No. 3 for the Centre at La Quinta Specific Plan and completed an Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. -• 344 Surrounding Land Uses North: Sam's Club South: Avenue 48; Rancho La Quinta (Residential Community) East: Dune Palms Road; DSUSD Office West: Watercolors (Residential Community) General Plan Designation RC (Regional Commercial) Zoning Designation CR (Regional Commercial) Project Overview The Dune Palms Neighborhood multi -family residential community, located at the northwest corner of Dune Palms Road and Avenue 48, received Specific Plan and Site Development Permit approval on April 4, 2006 (SP 2006-078, SDP 06-857) (Attachment 1). The currently vacant project area, which encompasses approximately 14.8 acres, is approved to be developed into a ±220-unit affordable high -density apartment complex (Attachment 2). The original Site Development Permit approval focused on the site plan and residential units, and identified that plans for the Community Building would be submitted at a future date; for review and approval. For this meeting, the applicant is requesting consideration of the structure and design of the Community Building, as well as associated landscaping plans. PROJECT REQUEST Community Building Included with this proposal are plans for the approximately 8,352 square foot Community Building, which includes a neighborhood community center, childcare center, and pool area (Attachment 3, Sheet Al). Vehicular access to the project site is off of the central driveway leading from Dune Palms Road. Pedestrian pathways are also provided throughout the complex that connects the Community Building to the apartment units. A total of seven parking spaces are proposed, including two ADA- accessible spaces, which complies with the number of spaces required in the Specific Plan. The Community Building, like the apartment units, has been designed to reflect a Mission Revival architectural style, and includes use of red clay S-tile roofing, off-white hand -trowelled stucco walls, French doors, aluminum -framed arched windows, and round concrete columns. Strategically -placed decorative metal bars, covered patios, 345 and other design elements provide architectural articulation to the various building facades (Attachment 3, Sheet A3). The proposed gable: -styled roofs have pitches at 3%:12 (Attachment 3, Sheet A2). The Community Building features two facilities that share a common wall, with each facility having different interior functions and characteristics. The two-story community center, at approximately 3,573 square feet, features a large lobby/reception area, computer lab, meeting room, large community room, kitchen facilities, and an office (Attachment 3, Sheet A1). The community center also houses the Manager Unit and includes a community pool area. An exterior entrance and stairwell at the rear (north side) of the community center leads to the 1,466 square foot second -story Manager Unit, which includes three bedrooms, two bathrooms, and two balconies (Attachment 3, Sheet All). The community center facility, at the highest ridgeline, is approximately 24 feet in height (Attachment 3, Sheet A3). The community pool area, located adjacent to the community center facility, includes shaded arcade areas, storage space, and restroom facilities (Attachment 3, Sheet Al). The other facility within the Community Building consists of a childcare center. The approximately 3,313 square foot child care center features a lobby/reception area, an office, kitchen facilities, a large classroom area, and an approximately 2,200 square foot outdoor play area that includes a shaded outdoor arcade area with ceiling fans (Attachment 3, Sheet A1). The height of the childcare facility, at the highest ridgeline, is approximately 15 feet (Attachment 3, Sheet A3). Landscaping The landscape plan for the Community Building identifies a plant palette consisting of trees, shrubs, and groundcover consistent with what was approved as part of the original Site Development Permit and Specific Plan (Attachment 3, Sheet 11). Landscaping throughout the Community Building facilities is plentiful and designed to complement the architecture of the building. The applicant proposes the use of Tipu trees, Purple Leaf Plum trees, a variety of small and large accent shrubs, and groundcover within the landscape setback along Dune Palms Road and in areas immediately surrounding the Community Building. Mexican Fan Palms are proposed to be used in the pool area, and vines such as Bougainvillea and Cape Honeysuckle are proposed to be utilized on the fencing throughout the project site. A cobble walkway provides pedestrian access from Dune Palms Road into the complex. The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 3, Sheet 11). Walls are proposed to be lit up using low wattage wall washers placed around the pool and outdoor lawn areas (Attachment 3, Sheet 11 — 12). Walls, fences, and gates throughout the Community Building site have several different design elements. A maximum five-foot high meandering perimeter concrete masonry 30 unit (CMU) wall is proposed along Dune Palms Road; the precise location and height of this wall will be dependent upon a final grading plan and noise impacts considerations. The same CMU wall also runs the interior of the project site at a maximum of six -feet in height along the play area, and also adjacent to the pool area along with a five-foot high pool fence. The fences and landscaping together effectively screen the pool area and outdoor play area (Attachment 3, Sheet A4). ANALYSIS Staff finds that the overall architectural style and design of the proposed Community Building to be acceptable. Staff has no significant issues with the proposed community center, childcare center, community swimming pool, and landscape palette, as they are appropriate and well -designed. The Planning Commission recommended the applicant install additional solar protection measures, such as the awnings approved for the apartment units as part of the original Site Development Permit, for the three Manager Unit bedroom windows on the second -story of the west -facing building elevation, and two kitchen/living room windows on the second -story of the east -facing building elevation. The remaining Community Building windows are either adequately shaded or located in a minimally -used space:. The Community Building facility is also designed with an adequate separation of vehicular and pedestrian circulation, and also provides sufficient screening from Dune Palms Road and neighboring residential units. Additionally, the strategic placement and minimal use of outdoor landscape lighting results in a safe and secure environment, while having a minimal visual impact on the surrounding areas. In general, the landscape palette presented is acceptable. The proposed species of plants, which are taken from the approved plant list in the Specific Plan, provide diversity, while having the characteristics of being functional and low water users. Architecture and Landscaping Review Committee Review (ALRC) On May 23, 2007, the ALRC reviewed these architectural and common area landscaping plans, and unanimously recommended approval of the Site Development Permit, subject to Conditions of Approval (Attachment 4). Planning Commission Review The Planning Commission, at it's meeting of June 12, 2007, reviewed the proposal, and unanimously adopted Resolution 2007-024 which recommended approval of the Community Building architectural and landscaping plans for Site Development Permit 2006-857, subject to Conditions of Approval (Attachment 5). A number of residents from the Watercolors residential community adjacent to the Dune Palms Neighborhood project site were present at the public hearing. Two 34 residents expressed their concern over the height of the shared perimeter wall, landscaping/screening, lighting, as well as the general density and design of the entire project. They also stated the project sales representatives did not accurately disclose this previously approved affordable housing project. On June 18, 2007, staff held an informational meeting with the project developer, architect, and approximately 35 Watercolors residents in order to address the numerous project -related issues that were raised at the Planning Commission meeting. Resident input and discussion resulted in identifying the key issues, and acknowledging that options to remedy the residents' concern would be addressed in the near future. Public Notice This request was advertised in The Desert Sun newspaper on June 22, 2007, and mailed to all property owners within 500 feet around the! project boundaries. To date, no correspondence has been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Resolution. The alternatives available to the Council include: 1. Adopt a Resolution of the City Council approving the Community Building architectural and landscaping plans for Site Development Permit 2006-857, subject to the attached Conditions of Approval; or 2. Deny the request; or 3. Provide staff with alternative direction. submitted, n, Planning Manager Approved for submission by: Thomas P. Genovese, City Manager 34 Attachments: 1. Vicinity Map 2. Dune Palms Neighborhood Site Plan 3. Community Building Submittal Packet 4. ALRC Minutes of May 23, 2007 5. Planning Commission Minutes of June 12, 2007 30 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE COMMUNITY BUILDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE DUNE PALMS NEIGHBORHOOD RESIDENTIAL PROJECT CASE NO.: SITE DEVELOPMENT PERMIT 2006-857 APPLICANT: COACHELLA VALLEY HOUSING COALITION WHEREAS, the City Council of the City of La Quinta, California, did on the 3"' day of July, 2007, hold a duly noticed Public Hearing, to consider a request by Coachella Valley Housing Coalition, for approval of ,architectural and landscaping plans for a proposed Community Building within the: Dune Palms Neighborhood residential development, located north of Avenue 48 and west of Dune Palms Road, more particularly described as: PARCEL 4 OF PARCEL MAP 33588 WHEREAS, the La Quinta Community Development Department has determined that this request has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 2004-524 for Specific Plan 97-01 1, Amendment No. 3 for the Centre at La Quinta Specific Plan and completed an Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 23`d day of May, 2007, hold a public meeting to review and recommend approval of architecture and landscape plans for said Community Building for the Dune Palms Neighborhood; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12t' day of June, 2007 hold a duly -noticed Public Hearing, to consider a recommendation on said Site Development Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2007-024, recommending to the City Council approval of Community Building architectural and landscaping plans for Site Development Permit 2006-857; and, WHEREAS, at the July 3rd Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 35 City Council Resolution No. 2007- Site Development Permit 2006-857 Coachella Valley Housing Coalition Adopted: July 3, 2007 1 . Consistency with the General Plan: The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a Community Building facility in an approved residential development which is General Plan - designated for RC (Regional Commercial) development, which permits affordable high density residential developments. 2. Consistency with the Zoning Code: The proposed project, as conditioned, is consistent with the development standards of the City's Zoning Code, in terms of architectural style, building heights, building mass, parking, and landscaping. The Site Development Permit is consistent with the La Quinta Zoning Map, as it proposes a Community Building facility in an approved residential development zoned for RC (Regional Commercial) development that permits affordable high density residential developments. The Site Development Permit has been conditioned to ensure compliance with the zoning standards of the RC district, and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed Site Development Permit is not subject to the requirements of CEQA as the site has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified) Environmental Assessment 2004-524 for Specific Plan 97-01 1, Amendment No. 3 for the Centre at La Quinta Specific Plan and completed an Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Architectural Design: The architectural design aspects of the proposed Site Development Permit provide interest through use of varied roof element heights, enhanced building entries, facade treatments, colored roof tiles and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. 5. Site Design: The site design aspects of the proposed Site Development Permit will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other site design elements such as scale, mass, and appearance. 351 City Council Resolution No. 2007- Site Development Permit 2006-857 Coachella Valley Housing Coalition Adopted: July 3, 2007 6. Landscape Design: The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code, as well as the approved Specific Plan for the Dune Palms Neighborhood. The project landscaping for the proposed Site Development Permit, as conditioned, shall unify and enhance visual continuity of the proposed residential units with surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species that blend with the building architecture. 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 constitute the findings of the City Council in this case; 2. That it does hereby approve the Community Building architectural and landscaping plans for Site Development Permit 2006-857 for the reasons set forth in this Resolution, subject to Conditions of Approval, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 3rd day of July 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, (Mayor City of La Quinta, California City Council Resolution No. 2007- Site Development Permit 2006-857 Coachella Valley Housing Coalition Adopted: July 3, 2007 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California •w 351 :ITY COUNCIL RESOLUTION NO. 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED iITE DEVELOPMENT PERMIT 2006-857 — DUNE PALMS NEIGHBORHOOD :OACHELLA VALLEY HOUSING COALITION IDLY 3, 2007 3ENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. ?. This Site Development Permit shall comply with the requirements and standards of the La Quinta Municipal Code ("LQMC"). All Conditions of Approval for Specific Plan 2006-078 and Site Development Permit 2006-857 apply to this Site Development Permit, including permit expiration. -ANDSCAPING AND IRRIGATION 3. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 4. The applicant shall remove Yellow Oleander from the landscaping palette and replace it with another larger shrub. 5. The applicant shall replace the proposed up -lighting fixtures with an alternative fixture less susceptible to damage and maintenance issues. 6. The applicant shall install a misting system in the shaded arcade near the outdoor play area in the child care center. 7. The applicant shall submit the landscape plans for approval to plan checking by the Community Development Department. When plan checking has been completed by the Community Development Department and the Public Works Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director and the City Engineer. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. 35 :ITY COUNCIL RESOLUTION NO. 2007- :ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2006-857 - DUNE PALMS NEIGHBORHOOD :OACHELLA VALLEY HOUSING COALITION ADOPTED: JULY 3, 2007 NOTE: Plans are not approved for construction until signed by the Community Development Director. :IRE DEPARTMENT 3. Final conditions will be addressed when complete building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Fire Department. All questions regarding the Fire Department should be directed to the Fire Safety Specialist at (760) 863-8886. SHERIFF'S DEPARTMENT 9. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. COMMUNITY DEVELOPMENT 10. All mechanical equipment on roof tops shall be screened from view by parapet walls; this includes air conditioning units and fans and blower hoods for food service cooking. 1 1 . No signage is permitted with this approval. A separate permit from the Community Development Department is required for any temporary or permanent signs. 12. A Temporary Use Permit shall be required prior to placement of construction materials or trailers on site. 13. The applicant shall install additional solar protection measures, such as the awnings approved for the apartment units as part of the original Site Development Permit, for the three Manager Unit bedroom windows on the second -story of the west -facing building elevation, and two kitchen/living room windows on the second -story of the east -facing building elevation. -' 355 ATTACHMEI • • 50TH cn a a a KA SH-111 Fallo 6 ATTACHMEN' 14 I i 77 m a V C'P i O c90 N T bi W N NNN 358 P A i rR c> es 0 -R 359 \, 7° � (� - r § ,. ■ ? ,| ,• ,!, :�! ,, || •| | ! '| �|' , \ } 361 ATTACHMENT MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Special meeting held at the Ira Quinta City all 78-495 Calte Tampico, La Quinta, CA May 2.3, 2007 10:00 a.m. CALL TO ORDER A. This special meeting of the Arcpftectural and Landscaping Committee was called to order a 10:30 a.m. by Planning Mar Johnson. B. Committee Members pre nt: Bill Bobbitt, Frank Christopher,.; Tracy Smith. _� C. Staff present: Plan g Manager Les Johnson, Assistant Plarr- Wuu, and Executi Secretary Betty Sawyer. II. PUBLIC COMMENT: one. III. CONFIRMATION F THE AGENDA: Confirmed IV. CONSENT CA ND A. It as moved and seconded by Committee Members Bo itt/Christopher to approve the minutes of May 2, 2007 as s mitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2006-857; a request of Coachella Valley Housing Coalition for consideration of building and landscaping plans for the Dune Palms Neighborhood Community Center located at the northwest corner of Dune Palms Road and Avenue 48. 1. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Martin Brunner, and Ron Gregory, of Ron Gregory Landscape Architects, who gave a presentation on the project. 363 Architecture and Landscaping Review Committee May 23, 2007 2. Committee Member Christopher asked what materials would be used for the awning. Mr. Brunner stated there were two types of materials. 3. Committee Member Bobbitt asked about the Tipawana tree. Mr. Gregory stated they had no objection to changing the tree type. Committee Member Bobbitt suggested the trees be switched around. He also asked about the low -voltage lighting and whether the cables would be installed deep enough to keep them from being cut during maintenance. It is best to run them on the perimeter along the hard surfaces, in conduit, or at least 12 inches down. Another suggestion would be to run the control wires at the same time the trenches are being dug. 4. Committee Member Smith stated it would probably depend on how many are being installed. He would recommend that well lights be used to alleviate these problems. 5. Committee Member Bobbitt suggested that if they use the well lights that they have the formed concrete casing to protect them. 6. Committee Member Smith asked why the lawn area did not have shade trees. Mr. Martin stated the play area had not been defined yet. Committee Member Smith asked that the covered patio have commercial grade misters and four or five shade trees. Take the yellow oleander poisonous trees off the list. 7. There being no further questions, it was moved and seconded by Committee Members Christopher to adopt Minute Motion 2007-011 recommending approval of Site Development Permit 2006-857, as recommended by staff and amended as follows: a. Yellow oleander tree replaced. b. A misting system shall be added to the patio. C. A modified well light fixture be submitted for staff approval. Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL_: None VII. COMMITTEE MEMBER ITEMS: 364 2 ATTACHMP Planning Commission Minutes June 12, 2007 10. It was moved and seconded by Commissioners Barro s/Alderson to adopt Planning Commission Resolutio 2007-023 recommending approval of Site Development Pe it 2007-883 as recommended and amended: 11. a. Condition #9 modified: the travel idth shall be reduced to 20-feet for Shackleton only wi a right of way of 28 feet. b. Condition #59 modified: "...and shall not be used for transient purposes as defined in LQMC Section 3.24 Transient Occupancy ax." C. Condition #60 odified: "No Certificate of Occupancy (either temp ary or final) for the Madison Club Clubhouse...' ROLL CALL: AYES: Aommissioners Alderson, Barrows, Engle, and Chair ,AnQuill. NOES: None. ABSTAIN: None. ABSENT: Cordmissioner Daniels. B. Site Development Permit 2006-857; a request of Coachella Valley Housing Coalition for consideration of architectural and landscaping plans for the Dune Palms Neighborhood Community Center for the property located at the northwest corner of Dune Palms Road and Avenue 48. 1. Chairman Quill opened the public hearing and asked for the staff report. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Engle asked why staff was requesting awnings. Staff clarified for the energy conservation measures. 3. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. John Aguilar, representing Coachella Valley Housing Coalition, stated they were in agreement with the conditions as proposed and was available to answer any questions. Staff clarified the project before the Commission was only the Clubhouse as the entire project has received its entitlements. 365 G:\WPDOCS\PC Minutes\2007\6-12-07.doc 4 Planning Commission Minutes June 12. 2007 4. Chairman Quill asked if there were any questions of the public. Ms. Stacey Morrison, 47-785 Soft Moonlight, stated this project was approved before any of them had purchased their homes. What they are requesting is additional information in regard to the day care, the adjoining fence, and would like the Commission to know they have had no input from regarding this project. They have concerns about noise, traffic and the number of children. They were never notified this was going to be a very low-income project. 5. Mr. Ulf Nystrom, 47-808 Endless Sky, stated the third floor tenants will be able to look into their project and see what they are doing. This is a very high density project and the parking will be very crowded. They are not against low-income families, but they do not want to live next door to so many children. Assistant City Manager Doug Evans stated staff will sit down with the adjacent residents to further discuss the project. When this went through the approval process, staff met with the adjoining property owners to ensure the project would fit into the neighborhood. The City is concerned about the perception of its affordable housing projects. With all the affordable projects the City has built, no complaints have been received. Mr. Nystrom stated their concern is that they were not there when this was approved. At least a wall or something could be constructed. 6. There being no further questions and no other public comment, the public hearing was closed and open for Commission discussion. Commissioner Barrows commended the applicant on the project. 7. It was moved and seconded by Commissioners Barrows/Alderson to adopt Planning Commission Resolution 2007-024 recommending approval of Site Development Permit 2006-857 as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. C. Site Development Per it 2006-868; a request of REA La Quinta, LLC, for consideration of archit ctural and landscaping plans for a 5,723 square foot freestanding buildin located at the north side of Highway 1 1 1, west of Jefferson Street withi Jefferson Plaza. -• 366 G:\WPDOCS\PC Minutes\2007\6-12-07.doc 5 a o �0 9wyw� OF Ttiti COUNCIL/RDAMEETING DATE: July 3, 2007 ITEMTITLE: A Public Hearing To Consider Adoption of a Resolution of the City Council Approving, Authorizing, and Directing the Execution of a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority and a Resolution of the City Council Approving the Issuance of Tax -Exempt Obligations in an Amount Not To Exceed $50,000,000 by the California Municipal Finance Authority to Finance the Construction of 218 Affordable Apartment Units Within the City of La Quinta RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: C- Adopt a Resolution of the City Council approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement relating to the California Municipal Finance Authority; and Adopt a Resolution of the City Council approving the issuance of Tax -Exempt Obligations in an amount not to exceed $50,000,000 by the California Municipal Finance Authority to finance the construction of 218 affordable apartment units in the City of La Quinta. FISCAL IMPLICATIONS None. These actions facilitate the issuance of tax exempt bonds by the California Municipal Finance Authority that will underwrite the construction of 218 affordable multi -family dwellings by the Coachella Valley Housing Coalition ("CVHC"). The City will not incur any costs by facilitating this transaction. The bonds will be an obligation of the multi -family development and not the City of La Quinta. The City may receive up to $21,875 of the issuance fee from this bond issue as part of the financing activity. CHARTER CITY IMPLICATIONS None. .a 31 BACKGROUND AND OVERVIEW In April 2006 the City Council approved an Affordable Housing Agreement between the La Quinta Redevelopment Agency and CVHC. The Affordable Housing Agreement provides that the Agency will sell a 14.8'acre parcel located northwest of the Dune Palms Road/Avenue 48 intersection for $1.00, and provide up to $30,153,435 in financial assistance. The Agency would gain 218 multi -family dwellings; 216 dwellings will be rented to very low income households and 2 units (the manager's units) to moderate income households ("Development"). This Development will be underwritten through a combination of Redevelopment Agency, State Multi -Family Housing Loan, County Home, Affordable Housing Program (AHP), 4% Investment Tax Credit, and tax exempt bondl funds. The tax exempt bonds are sold to fund the construction activities that are not underwritten through the other sources. The following table summarizes the proposed funding sources: li ',[:!!FUNDING SOURCES I I LQRDA Land $ 7,474,896 Pre Development/Construction 30,153,435 Sub Total $37,628,331 4% Tax Credit Equity $42,590,438 MHP Loan $10,000,000 First Trust Deed Mortgage $ 4,370,000 General Partner Equity $ 1,200,000 Deferred Developer Fee $ 100,000 AHP Funds (must apply) $ 1,000,000 County Home Funds (must apply) $ 1,000,000 Total Funding $97,888,769 This development will provide affordable housing to very low-income households; 216 of the 218 dwellings will be affordable to very low-income family households and two dwellings to moderate -income households. For 2007, rents affordable to very low- income households range from $593.00 to $740.00 per month for very low-income units, and from $1,139 to $1,466 for the moderate -income units. Since a majority of the dwellings will be affordable to very low-income households, the rental income can support a first trust deed mortgage loan of only $4,370,000. CVHC is seeking a variety of funding sources, as shown above, to fund the difference between the first mortgage loan and the $97,888,769 development cost. One source is 4% tax credits; this source will fund 44% of total project costs. In order to use this financing, the tax credit guidelines require that CVHC must use tax exempt bonds to fund a portion of construction costs. These bonds will then be retired with the 4% tax credit proceeds. This is the reason CVHC is requesting the City pursue this tax exempt financing through the California Municipal Financing Authority ("CMFA"). _a 36 The tax exempt bonds would be sold by CMFA, not the City or the La Quinta Redevelopment Agency. These bonds are an obligation of CVHC and are secured by the Development. In order to obtain this financing, the City must join CMFA by having the City Council approve the Joint Exercise of Powers Agreement with CMFA, and approve the bond issuance by CMFA for the benefit of C:VHC. Prior to considering the Resolutions that approve these actions, the City Council must first hold a public hearing under the Tax and Equity Fiscal Responsibility Act ("TEFRA"). The TEFRA hearing provides community members an opportunity to speak in favor of or against the use of tax-exempt bonds for this purpose. This public hearing was noticed in The Desert Sun 14 days prior to this hearing. California Municipal Finance Authority The CMFA was created on January 1, 2004, to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving California living standards. Currently, 45 municipalities are CMFA members including the Cities of Colton, Daly City, El Segundo, Fresno, Milpitas, Oakland, Oxnard, Santa Clarita, San Jacinto, Redding, and Vallejo; the Counties of Alameda, Contra Costa, Fresno, Imperial, Marin, San Diego, San Francisco, and Santa Cruz are also members. The Joint Exercise of Powers Agreement The City must become a member of CMFA in order to have them issue the tax exempt bonds. Staff has prepared a Resolution that approves the Joint Exercise of Powers Agreement between the City and CMFA; attached to the Resolution is the Joint Exercise of Powers Agreement ("Agreement"). This Agreement has been reviewed and approved by the City Attorney. The Agreement provides that the CMFA is a public entity, separate and apart from each member agency. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the member agencies. There are no costs associated with CMFA membership and the City will not be exposed to any financial liability by reason of its membership. In addition, City membership will not impact the City's appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required Resolutions, and executing the Agreement, no other participation or activity involving the City or the City Council with respect is required. The Agreement expressly provides that any member may withdraw from CMFA upon written notice to the CMFA Board of Directors. After these tax exempt bonds are issued, the City could elect to withdraw from CMFA. 31 Tax Exempt Bonds The tax exempt bonds that CMFA will issue for the Development will be the sole responsibility of CVHC, and the City will have no financial, legal, or responsibility to repay these tax exempt bonds. All documents with respect to issuing these tax exempt bonds will contain clear disclaimers that they are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the CVHC. Staff has prepared a Resolution that approves the issuance of tax exempt bonds in an amount up to $50,000,000. These bonds will be retired through funds derived from the permanent first trust deed mortgage loan and 4% tax credit funds. This will, occur when the Development is ready for occupancy. FINDINGS AND ALTERNATIVES 1. Adopt a Resolution of the City Council approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement relating to the California Municipal Finance Authority; and Adopt a Resolution of the City Council approving the issuance of Tax -Exempt Obligations in an amount not to exceed $50,000,000 by the California Municipal Finance Authority to finance the construction of 218 affordable apartment units in the City of La Quintal; or 2. Do not adopt a Resolution of the City Council approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement, or approving the issuance of Tax -Exempt Obligations by the California Municipal Finance Authority; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. vans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager .a 3 1 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY WHEREAS, pursuant Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), certain public agencies (the "Members") have entered into a Joint Exercise of Powers Agreement, effective on January 1, 2004 (the "Agreement") in order to form the California Municipal Finance Authority (the "Authority"), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the City of La Quinta (the "City"), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City including the financing of projects therefor by the Authority; and WHEREAS, there is now before this City Council the form of the Agreement; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS; Section 1. The Agreement is hereby approved and the City Manager or designee thereof is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by the City Manager or City Attorney, and the City Clerk is hereby authorized and directed to attest thereto. Section 2. The City Manager or designee thereof, the Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. .0 371 City Council Resolution 2007- Joint Exercise of Powers Agreement - TEFRA Adopted: July 3, 2007 Section 3. The Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel: Harriet M. Welch, Esq. Squire, Sanders & Dempsey LLP. 555 South Flower St., Suite 3100 Los Angeles, CA 90071 Section 4. This Resolution shall take effect immediately upon its passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of La Quinta at a regular meeting of said Council held on the 3rd day of July, 2007, by the following vote: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California /,Yi3:&tl1 VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California -0 372 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE OF TAX- EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $50,000,000 BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO FINANCE THE CONSTRUCTION OF TWO HUNDRED EIGHTEEN (218) AFFORDABLE APARTMENT UNITS WITHIN THE CITY OF LA QUINTA WHEREAS, the California Municipal Finance Authority, a public entity of the State of California and a Joint Powers Authority("CMFA"), intends to issue tax-exempt obligations in a amount principal amount not expected to exceed $50,000,000 (the "Obligations") for the purpose, among other things, of making a loan to Coachella Valley Housing Coalition, a California nonprofit public benefit corporation, on behalf of a limited partnership or limited liability company to be formed by Coachella Valley Housing Coalition (the "Developer"), the proceeds of which shall be used by the Developer to finance the acquisition, construction and development of a multifamily housing rental facility to be located at the Northwest corner of Avenue 48 and Dune Palms Road in the City of La Quinta, California and to be known as the La Quinta Dune Palms Apartments (the "Development"); and WHEREAS, the CMFA is authorized by Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Law") to issue and sell revenue bonds for the purpose of financing the acquisition, construction and development of multifamily rental housing facilities to be occupied in part by low- and very low-income tenants; and WHEREAS, the Obligations will be considered to be "qualified exempt facility bonds" under Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code: requires that the "applicable elected representative", which is the City Council of the City of La Quinta, shall hold a public hearing on and approve the issuance of the Obligations; and WHEREAS, this City Council is the elected legislative body of the City; and WHEREAS, a notice of public hearing was published in a newspaper of general circulation in the City, to the effect that a public hearing would be held by this City Council on the date hereof regarding the issuance of the Obligations by the CMFA and the nature and location of the Development; and WHEREAS, this City Council held said public hearing, at which time an opportunity was provided to present arguments both for and against the issuance of such Bonds and the nature and location of the Development; and =a 3 WHEREAS, it is in the public interest and for the public benefit that the City approve the issuance and delivery of the Obligations by CMFA for the purpose of financing the acquisition, construction and development of the Development; and WHEREAS, the City shall not have any liability for the repayment of the Obligations or any responsibility for the Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City hereby finds and determines that the foregoing recitals are true and correct. 2. The City hereby approves the issuance and delivery of the Obligations by CMFA for the purpose of paying the costs of financing the acquisition, construction and development of said Development. 3. The adoption of this Resolution shall not bind the City or CMFA to issue the Obligations. Additionally, the adoption of this Resolution does not and shall not limit in any manner whatever the full discretion of the City to deny any further permit or approval that may be necessary for ultimate completion of the proposed Development. 4. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta, California, held on the 3rd day of July, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California -M 374 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California -M 375 ot � �w �l �C�`N of �9ti COUNCIL/RDA MEETING DATE: July 3, 2007 ITEM TITLE: Public Hearing to Consider Adopting Resolutions of the City Council: 1) Approving Tentative Tract Map 34969, Which Subdivides ±24 Acres into the Madison Club Clubhouse Site; 2) Approving Site Development Permit 2007-883 for the Architectural and Landscaping Plans for the Clubhouse Facility, for the Property Located Along the South Side of Avenue 52, Between Madison Street and Monroe Street. Applicant: East of Madison, LLC RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 34969, subject to the attached Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Site Development Permit 2007-883, subject to the attached Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS Iki[.Tii:1! BACKGROUND AND OVERVIEW Environmental Review The La Quinta Community Development Department has determined that this request has been assessed in conjunction with Environmental Assessment 2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. .• 37 Surrounding Land Uses North: Golf Course; Residential Lots (TR 33076-1) South: Golf Course East: Humboldt Boulevard; Carmela (TR 31374) West: Golf Course General Plan Designation LDR (Low Density Residential) Zoning Designation RL (Low Density Residential) Project Overview The Madison Club received Specific Plan approval on February 1, 2005 (SP 99-035 Amendment 1), and Tentative Tract Map approval on August 2, 2005 (TTM 33076). It is bounded by Avenue 52 and Avenue 53 on the north, Avenue 54 on the south, Monroe Street on the east, and Madison Street on the west (Attachment 1). Currently, Madison Street is under construction and no date for completion has been determined. The project area encompasses approximately 472 acres, and consists of custom single-family detached units, detached villas, and an 18-hole golf course. The applicant is now proposing to subdivide approximately 24 acres at the intersection of Meriwether Way and Shackleton Street into the clubhouse site. This site includes tennis courts and a parking lot, and a remainder parcel to be used as the future site of the Villas at Madison Club (TTM 34969) (Attachment 2). The City Council is considering the Madison Club Clubhouse Site Development Permit because the proposal is in conjunction with a Tentative Tract Map. PROJECT REQUEST - Tentative Tract Map The applicant proposes to subdivide approximately 24 acres, which includes eight numbered lots and two lettered lots (Attachment 3). Lot 1, at approximately 217,000 square feet, is the site of the Madison Club Clubhouse. Lot 2, at approximately 116,000 square feet, is the site of the clubhouse parking lot and tennis facility. Lots 3 through 7, which average approximately 20,000 square feet each, are custom single- family residential lots that were previously -subdivided as part of the original Madison Club Tract Map (TT 33076). However, the design of the access to the clubhouse site results in a reconfiguration of Shackleton Street, which subsequently affects these five residential parcels. Lot 8, at approximately 600,000 square feet, is the future site of the Madison Club Villas, a 14-acre project that includes 19 residential lots and a golf putting course. The two lettered lots include Lot A, a private street-Meriwether Way, and Lot B, a private street-Shackleton Street. Both Meriwether Way and Shackleton Street provide vehicular access to and from the clubhouse and parking lot. Meriwether Way is proposed to be a two-way, 28-foot wide street, while Shackleton Street is proposed to be a one-way, 20-foot wide street with a 28-foot right-of-way. Site Development Permit Clubhouse Included with this proposal are site, architectural, and landscaping plans for the golf course clubhouse site. The clubhouse site features a decoratively -paved vehicular entry courtyard surrounded by three primary clubhouse buildings, which include the Main Building, Men's Building and Pro Shop, and Women's Building (Attachment 4, Page LR01). The architectural style of all clubhouse buildings is Spanish -Mediterranean and includes use of rust -colored clay tile roofing, off-white; hand -trowelled stucco walls, numerous columns and archways, and a combination of arched and casement windows with elaborate grille -work. Balconies, balustrades, covered patios and arcades, chimney accents, and other design elements provide architectural articulation to the various building facades. Each building in the clubhouse site has different interior functions and characteristics. The two-story Main Building, at approximately 10,075 square feet, houses the main restaurant and lounge. The building also features a kitchen, the main dining room and lounge, private dining areas, a cinema screening room, and the administration offices for the clubhouse (Attachment 4, Page AR01-AR02). The Main Building, at the highest roof ridgeline, is approximately 35 feet in height (Attachment 4, Page AR11). The four-story Men's Building and two-story Pro Shop combined are approximately 16,655 square feet. The Men's Building includes the golf cart parking area, numerous offices and storage areas, a bar and lounge, the men's locker room, and a wet area containing shower facilities (Attachment 4, Page AR03 — AR04). The second and third floors house a total of five residential units, four on the second floor and one on the third floor. Each unit has a dining/living area, a bedroom and bathroom, and a view balcony (Attachment 4, Page AR05-AR06). The height of the Men's Building at the highest roofline is approximately 44 feet, and 48.5 feet at the top of the tallest chimney, measured from the main level. The height of the Pro Shop is approximately 17-feet 9-inches from the top of grade facing the motor courtyard, and 30-feet 9-inches from the top grade facing the recessed loading dock (Attachment 4, Page AR14-AR15). The two-story Women's Building, including the pool and spa area, is approximately 12,400 square feet. The Women's Building includes a fitness center and movement center, locker rooms, restroom facilities, numerous treatment rooms and gardens, a salon, and a lounge (Attachment 4, Page AR07-AR08). Outside the Women's Building is the clubhouse swimming pool/spa/event lawn area. Located adjacent to the spa are two pool pavilions, which contain the pool bar and equipment storage areas (Attachment 4, Page AR09). Similar to the Pro Shop, the Women's Building is situated on multiple grades. The height of the building as seen from the highest grade, where the motor entrance courtyard is located, ranges from approximately 17 feet to 21 feet. The height of the building as seen from the lower grade, nearest to the pool area, is approximately 36 feet. The height of the two pool pavilions, as seen from the pool/spa/event lawn area, are approximately 12-feet 9-inches each (Attachment 4, Page AR17-AR18). Parking Lot & Tennis Courts The clubhouse parking lot is located adjacent to the clubhouse site (Attachment 4, Page LR04). A total of 143 parking spaces, including five ADA parking spaces, are provided. Access to the clubhouse is through a paved walking path. However, most patrons are expected to valet park their vehicle in the entrance courtyard. On the far end of the parking lot are two tennis courts. The courts are unlit, and are screened by the typical green tennis fencing. Landscaping Landscaping throughout the clubhouse site is plentiful and is designed to complement the architecture of the various clubhouse buildings (Attachment 4, Page LR02-LR07). Mostly utilized around the clubhouse site are various dense hedges and shrubs, with minimal use of turf, which has been limited to a lawn area outside the Women's Building and the clubhouse site event lawn area. The use of numerous Date Palms, Mexican, Mediterranean, and California Fan Palms sufficiently reflect the Spanish - Mediterranean architecture, while providing proper screening and accents. Other tree plantings include Figs and Citrus Trees, from 36 inch up to 108 inch box size. In general, the diverse plant material palette for the clubhouse site is characterized by low water and minimal -maintenance plants. Walls, fences, and gates throughout the clubhouse site have several different design elements (Attachment 4, Page LR08). The various walls include a standard stucco wall, service court wall, and freestanding walls. Wall heights in the submittal have been identified as being a maximum of six feet. The service entry gate, located near the Pro Shop service area, is designed with a timber gate frame, decorative bolts, and a laser cut metal screen. ANALYSIS - Tentative Tract Map The design of the proposed Tentative Tract Map 34969, as conditioned, is generally consistent with the City of La Quinta General Plan and the Madison Club Specific Plan in that its street and lot design are essentially in conformance with applicable goals, policies, and development standards, and will provide adequate circulation, infrastructure and utilities. -0 3' The proposed tract map (TT 34969) connects Meriwether Way and Shackleton Street to allow through access. The design of the proposed streets allow for adequate access to and from the clubhouse site and parking lot, the residential units along Shackleton Street, as well as acceptable circulation for delivery and service vehicles for the clubhouse. Tentative Tract Map 33076 was previously approved with a 20-foot wide street section for Shackleton Street. The original submittal of Tentative Tract Map 34969 showed the same street section for Shackleton Street. Staff found this street section to be inconsistent with the Madison Club Specific Plan and La Quinta General Plan. The applicant subsequently submitted a revised Tentative Tract Map that consisted of a 28- foot travel -width. This proposal, which was submitted to the Planning Commission for review, satisfied staff's concern regarding Specific Plan and General Plan consistency. On June 8, 2007, the day the Planning Commission was to receive their agenda packet, the applicant submitted another revised Tentative Tract Map, which is the one included with the City Council agenda packet. The new reap was subsequently given to Planning Commission for review, with a memorandum detailing staff's concern (Attachment 5). The most recent submittal proposed Shackleton Street to consist of a 28 foot right-of-way with a one-way, 20 foot wide travel -way. Staff is concerned that the proposed street section and one-way design for Shackleton Street may not be consistent with the approved Specific Plan for the Madison Club. The Specific Plan identifies a minimum private street right-of-way of 28-feet, which the applicant has proposed. However, the intent of the Specific Plan was to have a minimum 28-foot wide two-way road, as all other streets within the Madison Club were designed as such. The proposed Shackleton Street configuration would be the only one-way street and the only street with a proposed 20-foot travel -way within the Madison Club. This issue was reviewed comprehensively by staff, the applicant, and the Planning Commission, and is addressed in the Planning Commission review section below. Site Development Permit Staff finds that the overall architectural style and design of the proposed clubhouse site to be acceptable. Staff has no issues with the proposed clubhouse buildings, parking lot/tennis court area, and landscaping palette, as they are appropriate and well - designed. The clubhouse buildings, including the Pro Shop, Pool Pavilions, and the Pool/Spa/Event Lawn area, are designed such that they will serve as a symbolic landmark within the Madison Club. The clubhouse buildings are over 1,000 feet away from the nearest property line to the adjacent residential development Carmela to the east, and over 1,500 feet away from Rancho Santana to the north, resulting in a minimal visual impact. Located between Carmela and the proposed clubhouse are residential lots, and the future Villas site. Located between Rancho Santana and the clubhouse are numerous residential lots, and golf course/open space. n The Spanish -Mediterranean architecture and layout of the clubhouse buildings are generally consistent with the development guidelines given in the approved Specific Plan for The Madison Club. Although the height (44 feet) and number of stories (three, excluding the basement) may seem disproportional to the surrounding land uses, the proposal complies with the development standards given in the Specific Plan (Attachment 6). Specifically, because the Men's Building and Main Building share a common roof area, the clubhouse is in compliance with the development standard that allows ten percent 110%) of the roof area to exceed 40 feet in height. Additionally, the five residential units within the Men's Building is an allowable use as stated in the approved Specific Plan. The proposal provides for 143 parking spaces, which well exceeds the 116 parking spaces required in the Specific Plan. Additionally, with the exclusion of lighting, the tennis courts are limited to daytime use, thereby minimizing any visual impact on the surrounding area. In general, the landscape palette presented is acceptable (Attachment 7). The proposed species of plants, which are taken from the approved plant list in the Specific Plan, provide diversity, while having the characteristics of being low water users. Canopy and accent trees are fully utilized in complementing the architecture and layout of the clubhouse site. Thorough use of shrubs and groundcover effectively screen trash enclosures, parking areas, and other project areas. Architecture and Landscaping Review Committee Review (ALRC) On April 4, 2007, the ALRC reviewed these architectural and common area landscaping plans, and unanimously recommended approval of the Site Development Permit, subject to Conditions of Approval (Attachment 8). Planning Commission Review The Planning Commission, at its meeting of June 12, 2007, reviewed the proposal, and unanimously adopted Resolutions 2007-022 and 2007-023, recommending approval of Tentative Tract Map 34969 and Site Development Permit 2007-883, respectively, subject to Conditions (Attachment 9). Staff recommended the Commission discuss the proposed design of Shackleton Street as a two-way 28-foot wide street versus a one-way 20-foot wide street, and its consistency with the Madison Club Specific Plan and La Quinta General Plan. Thorough review and discussion ultimately resulted in the Commission finding that the 20-foot-wide one-way street proposed by the applicant is consistent with the Specific Plan and General Plan. Additionally, a 20-foot-wide one-way street complies with Fire Marshal minimum street -width requirements for a one-way street. The attached Conditions of Approval reflect the street design in accordance with the Planning Commission recommendations, which consist of the proposed one-way street with a 28-foot right-of-way and 20-foot travel -way. _e Public Notice This request was advertised in The Desert Sun newspaper on June 22, 2007, and mailed to all property owners within 500 feet of the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Resolutions. The alternatives available to the Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract Map 34969, subject to the attached Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Site Development Permit 2007-883, subject to the attached Findings and Conditions of Approval; or Do not adopt a Resolution of the City Council approving Tentative Tract Map 34969 or Site Development Permit 2007-883; or 2. Provide staff with alternative direction. Respectfully JolAAson, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Location Map 3. Tentative Tract Map 34969 4. ALRC Submission Set (booklet) 5. Memo to Planning Commission regarding June 8 submittal of TTM 34969 6. Madison Club Specific Plan Clubhouse Development _e Standards 7. Updated Landscape Legend/Schedule 8. ALRC Minutes of April 4, 2007 9. Planning Commission Minutes of June 12, 2007 -0 3 ! RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT 34969, SUBDIVIDING AN AREA WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT INTO A CLUBHOUSE SITE, PARKING LOT, TENNIS COURTS, AND FUTURE VILLAS SITE FOR THE MADISON CLUB CLUBHOUSE CASE NO.: TENTATIVE TRACT MAP 34969 APPLICANT: EAST OF MADISON, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of July, 2007, hold a duly -noticed Public Hearing, to consider a recommendation on Tentative Tract Map 34969, a request to subdivide f 24.0 acres into 8 lots, including a clubhouse lot, parking/tennis court lot, and future residential villas lot, located generally on the south side of Avenue 52 and west of Monroe Street, more particularly described as: APN: 767-690-036 TO 767-690-040, 767-690-046, 767-200-091, 767-210-082 WHEREAS, the La Quinta Community Development Department has determined that this request has been assessed in conjunction with Environmental Assessment 2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12`" day of June, 2007, hold a duly -noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on May 22, 2007, to consider a recommendation on said Tentative Tract Map and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2007-022, recommending to the City Council approval of said Tentative Tract 34969; and, WHEREAS, at the July 3`d public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following findings to justify their recommendation for approval of Tentative Tract Map 34969: The design of proposed Tentative Tract Map is consistent with the city general plan and any applicable specific plans in that its; street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size, and will provide adequate infrastructure and public utilities. _r City Council Resolution No. 2007- Tentative Tract Map 34969 East of Madison, LLC July 3, 2007 2. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because mitigation measures and conditions have been incorporated into the project approval to mitigate: impacts where needed. 3. The design of the subdivision or type of improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed, based on applicable local, State, and Federal requirements. 4. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. 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 constitute the findings of the City Council in this case; 2. That it does hereby uphold the decision of the Planning Commission approving Tentative Tract Map 34969 for the reasons set forth in this Resolution, subject to Conditions of Approval, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 3rd day of July 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California -° City Council Resolution No. 2007- Tentative Tract Map 34969 East of Madison, LLC July 3, 2007 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California k NTY COUNCIL RESOLUTION NO. 2007- ,ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 — MADISON CLUB CLUBHOUSE ?AST OF MADISON, LLC IULY 3, 2007 3ENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded there under. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded there under, 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. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SCAQMD Coachella Valley ;ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED .ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. i. Unless a project -specific NPDES construction permit is in effect at the time and covers this tentative tract map, a permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. S. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one 0 ) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 3 :ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 5. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGH 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 8. The applicant shall retain for private use on the Final Map all private street rights -of - way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. The private street rights -of -way to be retained for private use required for this development include: ;ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IDLY 3, 2007 A. PRIVATE STREETS 1) Private Residential Streets Meriwether Way - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on - street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. Shackleton Street (from the south intersection of Meriwether Way and Shackleton Street to the Parking Lot Entrance) - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Shackleton Street (from the Parking Lot Entrance to the north intersection of Meriwether Way and Shackleton Street) — The flush curb street section shall have a full 28 feet width of right-of-way with 20 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. 10. The applicant shall offer for dedication on the Final Map a minimum, twenty two foot (22') wide combination drainage and public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of all utility purveyors including IID and CVWD and as approved by the City Engineer. 1 1 . The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. .r ' :ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 14. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 15. The applicant shall construct the following street improvements to conform with the General Plan. A. PRIVATE STREETS 1) Private Residential Streets Meriwether Way - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on - street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. Shackleton Street (from the south intersection of Meriwether Way and Shackleton Street to the Parking Lot Entrance) - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of .v ;ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 drainage conveyance is acceptable to the City Engineer. Shackleton Street (from the Parking Lot Entrance to the north intersection of Meriwether Way and Shackleton Street) — The flush curb street section shall have a full 28 feet width of right-of-way with 20 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Improvements shall include appurtenances such as traffic control signs and advance warnings signs, markings and other devices as required by the City Engineer and Community Development Director. Entry drives, main interior circulation routes, and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 16. The applicant shall design street pavement sections using CalTrans design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Private Residential Streets 3.0" a.c./4.5" c.a.b. Or the approved equivalents of alternate materials. 17. 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. 18. 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. 6 3' :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 3ARKING LOTS and ACCESS POINTS 19. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking)• ?0. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes, ADA accessibility route to private streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 21. General access points and turning movements of traffic to on site private streets are limited to the access locations approved for Site Development Permit 2007-883 and these conditions of approval. 22. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 23, 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. 24. 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. 25. 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. ,r :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 :INAL MAPS ?6. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map sha4 be 1 " = 40' Scale. MPROVEMENT 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 •espective professions in the State of California. 27. 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. 28. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Non -Residential Precise Grading/Storm Drain Plan 1 " = 20' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP (unless covered by SWPPP for Tentative Tract Map No. 34969) 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: A through D to be submitted concurrently. Y 3 ;ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED rENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 E. On -Site Street Improvements/Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. In addition to the normal set of improvement plans, an "On -Site Non -Residential Precise Grading" plan is required to be submitted for approval by the Building Official, Community Development Director, and the City Engineer. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the On -Site Non -Residential Precise Grading Plan when it is submitted for plan checking. "On -Site Non -Residential Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 29. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed vial the Online Engineering Library at ,0 ;ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IDLY 3, 2007 the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 30. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 31. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update; the mylars in order to reflect the as -built conditions. MPROVEMENT SECURITY AGREEMENTS 32. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 33. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 34. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 35. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE EAST OF MADISON, LLC IULY 3, 2007 permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 36. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the: applicant may be required to: A. Construct certain on -site improvements. B. Construct additional on -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. 37. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. 38. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. 39. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. C;RAnmri 40. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. ,-a 3 :ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 �1. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. Q. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 43. 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. 44. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 45. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 46. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. p- 12 ;ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 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. 17. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the Public Works Department for a substantial conformance finding review. 18. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. _)RAINAGE 49. The approved hydrology and drainage report for Tract Map No. 34969 shall be refined for this Tentative Tract Map for stormwater handling as approved by the City Engineer. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-15 - Underground Retention Basin Design Requirements. 50. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. I1TH ITIFS 51. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 52. 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 • N :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 stands, to ensure optimum placement for practical and aesthetic purposes. 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 54. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. :ONSTRUCTION 55. 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. LANDSCAPE AND IRRIGATION 56. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 57. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 58. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 59. The applicant shall submit the landscape plans for approval by the Community Development Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Community Development Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director, however landscape plans for landscaped median on public r 4 ;ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 streets shall be approved by the both the Community Development Director and the City Engineer. Where City Engineer approval is not required, the applicant submits for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Community Development Director. 30. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 31. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`h Edition or latest", in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right- of-way. QUALITY ASSURANCE 52. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 63. 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. 64. 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. 65. 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- ,r :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED "ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. VIAINTENANCE 36. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 37. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. =EES AND DEPOSITS 38. 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. 59. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 70. Tentative Tract 34969 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. FIRE DEPARTMENT 71. Final Fire Department conditions will be addressed prior to final map. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All n ;ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED 'ENTATIVE TRACT MAP 34969 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 questions regarding Fire Marshal conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. "OMMUNITY DEVELOPMENT 72. Prior to final map approval, the applicant shall submit to the Community Development Department and Public Works Director for review, a copy of any proposed Covenants, Conditions, and Restrictions (CC&R's) for the project. If Community Development Director determines City Attorney review is necessary, a deposit will be required for reimbursement of City Attorney review fees. 73. No Certificate of Occupancy (either temporary or final) for the Madison Club clubhouse site shall be issued by the Building and Safety Department until Tract Map 34969 has been recorded with the County of Riverside. Said map shall include the condominiumization of the five residential units on Lot 1. ,o 4 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2007-883, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR A PROPOSED CLUBHOUSE FACILITY WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT CASE NO.: SITE DEVELOPMENT PERMIT 2007-883 APPLICANT: EAST OF MADISON, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 3r" day of July, 2007, hold a duly noticed Public Hearing, to consider a request by East of Madison, LLC, for approval of architectural and landscaping plans for a proposed clubhouse facility within the Madison Club residential development, located south of Avenue 52 and west of Monroe Street, more particularly described as: APN: 767-690-036 TO 767-690-040, 767-690-046, 767-200-091, 767-210-082 WHEREAS, the La Quinta Community Development Department has determined that this request has been assessed in conjunction with Environmental Assessment 2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 41h day of April, 2007, hold a public meeting to review and recommend approval of architecture and landscape plans for said clubhouse facility for The Madison Club; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12`h day of June, 2007, hold a duly -noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on May 22, 2007, to consider a recommendation on said Site Development Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2007-023, recommending to the City Council approval of Site Development Permit 2007-883; and, p - 40 City Council Resolution No. 2007- Site Development Permit 2007-883 East of Madison, LLC July 3, 2007 WHEREAS, at the July 3rd Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan: The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes a clubhouse facility in an approved residential tract, which is General Plan -designated for LDR (Low Density Residential) development. 2. Consistency with the Zoning Code: The proposed project, as conditioned, is consistent with the development standards of the City's Zoning Code, in terms of architectural style, building heights, building mass, parking, and landscaping. The Site Development Permit is consistent with the La Quinta Zoning Map, as it proposes a clubhouse facility in an approved residential tract zoned for RL (Low Density Residential) development. The Site Development Permit has been conditioned to ensure compliance with the zoning standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed Site Development Permit is not subject to the requirements of the California Environmental Quality Act (CEQA), as the site has been previously assessed in conjunction with Environmental Assessment 2004-520 which was prepared for Specific Plan 1999-035 Amendment 1, which was certified on February 1, 2005. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Architectural Design: The architectural design aspects of the proposed Site Development Permit provide interest through use of varied roof element heights, enhanced building entries, facade treatments, colored roof tiles and other design details which will be compatible vvith, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. 5. Site Design: The site design aspects of the proposed Site Development Permit will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in P 4( City Council Resolution No. 2007- Site Development Permit 2007-883 East of Madison, LLC July 3, 2007 terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. 6. Landscape Design: The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code, as well as the approved Specific Plan for the Madison Club. The project landscaping for the proposed Site Development Permit, as conditioned, shall unify and enhance visual continuity of the proposed homes with surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to accentuate views and blend with the building architecture. 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 constitute the findings of the City Council in this case; 2. That it does hereby uphold the decision of the Planning Commission approving Site Development Permit 2007-883 for the reasons set forth in this Resolution, subject to Conditions of Approval, attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 3rd day of July 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ,& 0 City Council Resolution No. 2007- Site Development Permit 2007-883 East of Madison, LLC July 3, 2007 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ,p 40 CITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED NTE DEVELOPMENT PERMIT 2007-883 — MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 3ENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This site development permit shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary applicable clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement 'Permit) Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. Unless a project -specific NPDES construction permit is in effect at the time and covers this Site Development Permit, a permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO1"), prior to the issuance of a grading or site construction permit by the City. :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2007-883 — MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 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, the State Water Resources Control Board's Order No. 99-08- DWQ and conditions of Tentative Tract 34969. A. For construction activities including clearing, grading or excavation of land that disturbs one 0 ) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion c:ontrol). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. ,p Page 2 c ,ITY COUNCIL RESOLUTION 2007- ,ONDITIONS OF APPROVAL - RECOMMENDED iITE DEVELOPMENT PERMIT 2007-883 — MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 Jote: If the existing NPDES construction permit for TTM 34969 is still applicable, :onditions 3) and 4) may be satisfied. 3. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 'ROPERTY RIGHTS 3. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 3. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Residential Streets Meriwether Way - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on - street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. Shackleton Street (from the south intersection of Meriwether Way and Shackleton Street to the Parking Lot Entrance) - Private Residential , R Page 3 c :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC LILY 3, 2007 Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on -street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Shackleton Street (from the Parking Lot Entrance to the north intersection of Meriwether Way and Shackleton Street) — The flush curb street section shall have a full 28 feet width of right-of-way with 20 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 10. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets. 11. The applicant shall construct the following street improvements to conform with the General Plan. A. PRIVATE STREETS 1) Private Residential Streets Meriwether Way - Private Residential Street shall have a 28-foot travel width measured flow line to flow line for curbed treated streets with on - street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. Shackleton Street (from the south intersection of Meriwether Way and Shackleton Street to the Parking Lot Entrance) - Private Residential Street shall have a 28-foot travel width measured flow line to flow line Page 4 c ;ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED iITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 for curbed treated streets with on -street parking prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The flush curb street section shall have a full 28 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Shackleton Street (from the Parking Lot Entrance to the north intersection of Meriwether Way and Shackleton Street) — The flush curb street section shall have a full 28 feet width of right-of-way with 20 feet of travelable roadway as approved by the City Engineer and the Fire Department and provided the method of drainage conveyance is acceptable to the City Engineer. Improvements shall include appurtenances such as traffic control signs and advance warnings signs, markings and other devices as required by the City Engineer and Community Development Director. Entry drives, main interior circulation routes, and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 12. The applicant shall design street pavement sections using CalTrans design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Private Residential Streets 3.0" a.c./4.5" c.a.b. Or the approved equivalents of alternate materials. 13. 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. '.W 41 Page 5 c :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED :ITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC LILY 3, 2007 14. 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. 3ARKING LOTS and ACCESS POINTS 15. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). 16. Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes, ADA accessibility route to private streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 17. General access points and turning movements of traffic to on site private streets are limited to the access locations approved for Site Development Permit 2007-883 and these conditions of approval. 18. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 19. 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. 20. 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. 4 Page 6 c :ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED PTE DEVELOPMENT PERMIT 2007-883 — MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC IULY 3, 2007 >-1. 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. MPROVEMENT PLANS 4s used throughout these Conditions of Approval, professional titles such as "engineer," 'surveyor," and "architect," refer to persons currently certified or licensed to practice their -espective professions in the State of California. 22. 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. 23. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Non -Residential Precise Grading/Storm Drain Plan 1 " = 20' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP (unless covered by SWPPP for Tentative Tract Map No. 34969) 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. In addition to the normal set of improvement plans, an "On -Site Non -Residential Precise Grading" plan is required to be submitted for approval by the Building Official, Community Development Director, and the City Engineer. Page 7 c :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED :ITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC LILY 3, 2007 The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the On -Site Non -Residential Precise Grading Plan when it is submitted for plan checking. "On -Site Non -Residential Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Standard Drawing hyperlink. 25. The applicant shall furnish a complete set of mylars of all approved improvement plans on a storage media acceptable to the City Engineer. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. IMPROVEMENT SECURITY AGREEMENTS 26. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. PRECISE GRADING 27. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 28. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 29. To obtain an approved precise grading permit, the applicant shall submit and obtain approval of all of the following: Page 8 < :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED {ITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE !AST OF MADISON, LLC LILY 3, 2007 A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with 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. 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. 30. 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. 31. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5 feet) from the elevations shown on the Preliminary Grading Plan submitted with this Site Development Permit, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 32. Prior to the issuance of a building permit for any building lot, the applicant shall provide a pad elevation and geotechnical certification stamped and signed by a qualified engineer or surveyor, as applicable. DRAINAGE 33. The approved hydrology and drainage report for Tract Map No. 34969 shall be refined for this Site Development Permit for stormwater handling as approved by the City Engineer. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-1'6r'— Page 9 c ;ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2007-883 — MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC LILY 3, 2007 Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-15 - Underground Retention Basin Design Requirements. 34. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. JTILITIES 35. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 36. 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. 37. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located -as to not conflict with access aisles/entrances. -ONSTRUCTION 38. The City will conduct final inspections of habitable buildings only when the buildings have improved entry drive and (if required) sidewalk access to private streets. The improvements shall include required traffic control devices, pavement markings and street name signs. -ANDSCAPING AND IRRIGATION 39. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 40. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 6-0 4 Page 10 o :ITY COUNCIL RESOLUTION 2007- :ONDITIONS OF APPROVAL - RECOMMENDED {ITE DEVELOPMENT PERMIT 2007-883 — MADISON CLUB CLUBHOUSE AST OF MADISON, LLC LILY 3, 2007 41. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. E2. The applicant shall submit the landscape plans for approval to plan checking by the Community Development Department. When plan checking has been completed by the Community Development Department and the Public Works Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Community Development Director and the City Engineer. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Community Development Director. 13. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Community Development Director and 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. 44. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51h Edition or latest", in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right- of-way. QUALITY ASSURANCE 45. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 46. 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. 47. 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 Page 11 c :ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2007-883 - MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC LILY 3, 2007 employed comply with the plans, specifications and other applicable regulations. 48. 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. INTENANCE f9. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 50. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. =EES AND DEPOSITS 51. 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. 52. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). FIRE DEPARTMENT 53. Final conditions will be addressed when complete building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Fire Department. All questions regarding the Fire Department should be directed to the Fire Safety Specialist at (760) 863-8886. 4. Page 12 c ;ITY COUNCIL RESOLUTION 2007- ;ONDITIONS OF APPROVAL - RECOMMENDED ;ITE DEVELOPMENT PERMIT 2007-883 — MADISON CLUB CLUBHOUSE :AST OF MADISON, LLC ULY 3, 2007 iHERIFF'S DEPARTMENT i4. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. :OMMUNITY DEVELOPMENT 55. All mechanical equipment on roof tops shall be screened from view by parapet walls; this includes air conditioning units and fans and blower hoods for food service cooking. 56. No signage is permitted with this approval. A separate permit from the Community Development Department is required for any temporary or permanent signs. 57. The tennis courts within the clubhouse site shall not be lit. Future lighting of the tennis courts are subject to LQMC Section 9.60.150, and shall require approval of a Minor Use Permit. 58. A Temporary Use Permit shall be required prior to placement of construction materials or trailers on site. 59. The residential units within the Men's Building shall be sold and used as individual residential units, and shall not be used for transient purposes as defined in LQMC Section 3.24 Transient Occupancy Tax. 60. No Certificate of Occupancy (either temporary or final) for the Madison Club clubhouse site shall be issued by the Building and Safety Department until Tract Map 34969 has been recorded with the County of Riverside. Said map shall include the condominiumization of the five residential units on Lot 1 . $a 4 Page 13 c ATTACHMEN ATTACH MEN1 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION )M: LES JOHNSON, PLANNING MANAGE TE: JUNE 12, 2007 BJECT: TTM 34969, SDP 2007-883 MADISON CLUB CLUBHOUSE REVISED TENTATIVE TRACT MAP SUBMITTAL_ AND AMENDED CONDITIONS OF APPROVAL ✓ised Tentative Tract Ma Friday, June 8, 2007, staff received a revised Tentative Tract Map 34969, copies which were subsequently distributed as part of the Planning Commission review -ket. The revised map proposes a new street section for Shackleton Street that isists of a one-way street with 28-foot right-of-way and 20-foot paved travel -way. iff has reviewed the revised map, and has determined.that the proposed street ;tion is not consistent with the approved Specific Plan for the Madison Club. The ecific Plan identifies a minimum private street right-of-way of 28-feet, which the plicant has proposed. However, the intent of the Specific Plan was to have a nimum 28-foot wide two-way road, as all other streets within the Madison Club -redesigned as such. The Specific Plan does not include provisions and standards one-way streets. The proposed Shackleton Street configuration would be the only e-way street and the only street with a proposed 20-foot travel -way within the idison Club, and is therefore inconsistent with the Specific Plan and existing nditions. aff understands the concerns of the applicant, as the one-way street limits the mber of vehicular trips to and from the clubhouse in front of the residential lots, and smaller street width allows for additional landscaping in the area adjacent to the irking lot. Staff recommends that Planning Commission discuss this issue further, id staff is available should you have any further questions. ATTACHMENT 3 section Five Deveh 5.4.2 Golf / Clubhouse Development Standards TABLE 6 Golf /Clubhouse Development Standards Min. — Max. Building Site Max. Building Height (Excluding Basement) 1 Max. Number of Stories Min. Building Setbacks From all perimeter R.O.W.'s From Abutting Residential Parcels From Private Street or Parking Area From Internal PL within same project Min. Building Separation Parking Guest Suites TYPE • Roof Projections such as chimneys, roof vents, finials, spires, and similar architectural features not containing usable space. . • Roof overhangs, chimneys, awnings, and canopies. • Cantilevered seating windows or ledges, which are located a minimum of 1' above the floor and do not increase a building's usable floor area. • Balconies, exterior stairways, and elevated uncovered decks, which do not increase a building's usable floor space. N/A 40' 30' 30' 8' 0' 6' 116 automobile spaces plus 30 golf cart spaces per parking standards In Table 7. May be added to the Clubhouse subject to additional review and approval of the City. If added, the total shall not exceed 10 units, shall not cause to exceed total units allowed by the Specific Plan, and shall be subject to the City ordinances governing transient occuriancY tax. ALLOWANCE 15' projection allowed T projection allowed Z 3' projection allowed Z projection allowed Z FOOTNOTES 1. Any portion of a basement above a finish grade shall be excluded from the calculation of building height. Ten percent (10%) of the roof area may exceed the maximum 40' height requirement to a maximum of 52'. Maximum height of any tower constructed as part of the clubhouse design shall not exceed 72' in height. 2. Provided such projections do not extend over the property line. ._S.. 4 2 r "The Madison Club" Specific Plan 99-035 Amendment #1 February 2005 ATTACHMENT ROUNDCOVERLEGEND 'MBOL QTY BOTANICAL NAME COMMON NAME SIZE/ SPACING 35 ACACIA REDOLENS ACACIA REDOLENS 1 GAL. 6' O.C. TRIANGULAR SPACING 55 CARPET STOCK, TYP.) (GRAFTED STOCK (GRAFTED RED CARPET ROSE , TRIANGULAR SPACINC 55 ROSA'KNOCKOUT' ROSE'KNOCKOUT' 5 GAL. 36" O.C. TRIANGULAR SPACING r r r r 65 TRACHELOSPERMUM STAR JASMINE 1 GAL. 30" O.C. SPACING r^r �rl JASMINOIDES TRIANGULAR 650 sf BULL'S EYE BERMUDA SOD ERENNIAL LEGEND 'MBOL QTY BOTANICAL NAME COMMON NAME SIZE/ SPACING 0 0 0 o 0 ol 10 1 GAL. 24" O.C. )o 0 oii 000 AGAPANTHUS AFRICANUS LILY OF THE NILE TRIANGULAR SPACING 0 0 0 0 0 'PETER PAN' LLLLLLLLLLLLLL LLLLLLLLLLLLLL 75 5 GAL. 36" O.C. LLLLLLLLLLLLLL LLLLLLLLLLLLLL DIETES BICOLOR FORTNIGHT LILY TRIANGULAR SPACING LLLLLLLLLLLLLL 840 @ 4" VARIETY TO INCLUDE 50%- 4" POTS 8" O.C. POTS PERENNIALS 1 GAL. @ 12" O.C. 375 @ 4" 1 SEASONAL COLOR HEIGHT VARYING HEIGHT TO TRIANGULAR SPACING TRIANGULAR GAL. 5'-0" TO BE SELECTED BY L.A 42 IRUB LEGEND 1BOL QTY BOTANICAL NAME COMMON NAME SIZE REMARKS I 29 ALYOGYNE HUEGELII BLUE HIBISCUS 5 GAL 'SANTA CRUZ' XYLOSMA CONGESTUM GLOSSY XYLOSMA, 5 GAL 17 179 BUXUS JAPONICA 'GREEN BOXWOOD 5 GAL BEAUTY' 18 CALLISTEMON TITTLE JOHN' BOTTLE BRUSH 5 GAL 47 CARISSA TUTTLE' NATAL PLUM 5 GAL 39 COTONEASTER LACTEUS RED CLUSTERBERRY 5 GAL 73 GARDENIA JASMINOIDES GARDENIA 5 GAL VEITCHII' 8 LONICERA'HALLIANA' HALLS HONEYSUCKLE 5 GAL 36 OSMANTHUS FRAGRANS SWEET OLIVE 5 GAL 5 PYRACANTHA COCCINA FIRETHORN 15 GAL ESPALIER FOR 24 ROSA'ICEBERG' ROSE 5 GAL 1 ROSEMARINUS OFFICINALIS ROSEMARY'TUSCAN BLUE' 94 TUSCAN BLUE' 5 GAL 15 GAL 46 SOPHORA SECUNDIFLORA TEXAS MOUNTAIN LAUREL 11 SOPHORA SECUNDIFLORA TEXAS MOUNTAIN LAUREL 24" BOX TECOMA STANS 28 'ORANGE JUBILEE' NCN 5 GAL 45 TECOMARIA CAPENSIS CAPE HONEYSUCKLE 5 GAL '9 42 W Q F J Q w LL' W w m FO `z y CC LL QD(n > U U D It a W Oy ZOW w w OLL � p�Ua w Q� �OZCI ao UJ O ZJ JQ(n 0.. w F� a; F QF-OQ U U O oomo Q Z Z Z Z Z W Q a Q a ¢ a x O Q a Q a N m W W W W W (n m m N (n (n w W w W W F W 0 w U w w Z Q Z w O z O m p Q ¢ U w a w J LL a E F (n 7 a O m o ¢ o J w D W J ii Q af ~ Q O LL o W Z co � J U Z Lu Z OF W U Q of 4 :D> m Z ¢ U j Q } m x w Q 7 S U O 7 W m a m m v a a w Z J F IT T M t 0 ' 7 N O J a (0 Cl) N ca OOP 0 w 0 1.9 42 ATTACHMEN' Architecture and Landscaping Review Committee April 4„ 2007 C. Site Development Permit 2007-883; a request of East of Madison LLC for consideration of buildings, parking lot, tennis court, and landscaping plans for the Madison Club Clubhouse located on the southwest corner of Monroe Street and Avenue 52. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Jeff Prevost who gave a presentation on the project. 2. Committee Member Bobbitt stated his concern is that the height of the building seems extremely high. Staff stated it is an unusual height, but their Specific Plan does allow this height. Committee Member Bobbitt questioned the date palm tree as they are having a lot of problems with this tree in the Valley. Mr. Jeff Prevost sated they are looking at the tree and have become aware of some of the problems with this tree. 3. There being no further questions, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2007-007 recommending approval of Site Development Permit 2007-883, as recommended. Unanimously approved. D. Site Development Permit 2007-882; a re uest of Fancher Development Services, Inc. (Mimi's Cafe) or consideration of architecture and landscaping for a 7,724 squ a foot restaurant, in the Komar Desert Center located at the south st corner of Highway 111 and Depot Drive. 1. Assistant Planner Yvonne ranco presented the information contained in the staff rep rt, a copy of which is on file in the Community Developme Department. Staff introduced Moni Dosanjh who gave a esentation on the project. He asked that Condition 1 regardi g the electrical transformer, be amended to allow them flexib' ty if Imperial Irrigation District (IID) asks them tc move it. 2. Committee Pember Bobbitt suggested they give IID room to install the transformer by keeping their planting back as far as possible ithout changing the look. 3. Mr. also asked that the main entry to the building be ret ned as designed as they want the main entrance to stand .'lp 0 FILENAME \p G:\WPDOCS\ALRC\4-4-07.D000 4 ATTACH M E N' MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA, June 12, 2007 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commis on was called to order at 7:02 p.m. by Chairman Paul Quill who as ed Commissioner Barrows to lead the flag salute B. Present: Commissioners Ed erson, Katie Barrows, Jim Engle and Chairman Paul Quill. It wa moved and seconded by Commissioners Barrows/Alderson to excusi Commissioner 'Daniels. C. Staff present: Assist Director Doug Evans, Manager Les Johns Stan Sawa, Assis an Sawyer. PUBLIC COMMENT/. None. )fCity Manager/Interim Community Development kssistant City Attorney Michael Houston, Planning Principal Engineer Ed Wimmer, Principal Planner Planner Jay Wuu, and Executive Secretary Betty CONFIRMATIOWOF THE AGENDA: Confirmed. IV. CONSENT I A. Chat' man Quill asked if there were any changes to the Minutes of May 22 2007. There being no changes, it was moved and seconded by C mmissioners Barrows/Alderson to approve the minutes as submitted. Ynanimously approved. A51IIIIIIIIIIIIIIIIIII1l1 ]4146:1r_l l@I:e�-5 A. Tentative Tract Map 34969 and Site Development Permit 2007-883; a request of East of Madison, LLC, for consideration of the plans to subdivide an area within the Madison Club residential project into a Clubhouse site. Site to include building, parking lot, tennis court, and landscaping plans for the Madison Club Clubhouse for the property located within the Madison Club, south of Avenue 52, east of Madison Street, west of Monroe Street. '•r ( 2 C 0 FILENAME \p G:\WPDOCS\PC Minutes\2007\6-12-07.docll 1 Planning Commission Minutes June 12, 2007 Chairman Quill opened the public hearing and asked for the staff report. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff reviewed the revised conditions with the Commission. 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked if the height of the building was acceptable. Staff stated it was. Commissioner Alderson asked if the clubhouse and houses were the same architecturally. Staff stated yes. 3. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. John Gamlin, representing East of Madison, gave a presentation on the project. He stated they had only one objection and that was to staff's recommendation for the width of Shackleton Street. Their purpose in requesting the smaller street width is to purposely slow the traffic down and allow for additional landscaping buffers. With respect to the street width not being included in the Specific Plan, they would debate staff's interpretation in regard to the street width. They are asking for consideration for what they are trying to achieve. 4. Chairman Quill asked if there were any questions of the applicant. Commissioner Engle questioned the number of archways and windows on the building. Mr. Gamlen stated they had no discomfort with any of the elevations. 5. Commissioner Barrows stated the men's golf building on the west elevation and the pro -shop on the west elevation do not provide enough shading over the windows. She would like to know what opportunities there might be for adding shading. Mr. Gamlin stated it is their intent to have shade on all the windows and they do meet Title 24 requirements. 6. Commissioner Alderson stated the tennis courts are not near the clubhouse. They are unlit, but there are provisions in the future. It seems there are opportunities to move them closer to the clubhouse. Mr. Gamlin stated there will be putting course and other recreation uses added at a later date to bring all the recreation activities together. Commissioner Alderson stated the G:\WPDOCS\PC Minutes\2007\6-12-07.doc 2 Planning Commission Minutes June 12. 2007 right-of-way for Shackleton Street will be 28 feet with the street width at 20 feet and it is the applicant's belief that the one-way street would be beneficial to the project. Mr. Gamlin stated that was correct. 7. Commissioner Barrows asked about the water features on the plans. Mr. Gamlin stated there are ;swimming pools and fountains existing and that may be what she is seeing on the plans. 8. There being no further questions and no other public comment, the public hearing was closed and open for Commission discussion. Chairman Quill stated Fie did not care what the street width was as it was internal and would have no affect on the general public. Planning Manager Les Johnson clarified the Specific Plan defines all street widths as 28 feet. This will be the only street that is less than 28 feet. Staff was asking whether or not the street width would cause a conflict for the residents. Chairman Quill stated he did not believe it is an issue to the City because the general public will never see or use the street. Staff stated the City does not have a standard that identifies this street width. 9. It was moved and seconded by Commissioners Barrows/Engle to adopt Planning Commission Resolution 2007-022 recommending approval of Tentative Tract Map 34969 as recommended and amended: a. Condition #9 modified: the travel width would be reduced to 20-feet for Shackleton Street only with a right-of-way of 28-feet. b. Condition #73 modified: "No Certificate of Occupancy (either temporary or final) for the Madison Club Clubhouse ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. G:\WPDOCS\PC Minutes\2007\6-12-07.doc 3 Planning Commission Minutes June 12, 2007 10. It was moved and seconded by Commissioners Barrows/Alderson to adopt Planning Commission Resolution 2007-023 recommending approval of Site Development Permit 2007-883 as recommended and amended: 11. a. Condition #9 modified: the travel width shall be reduced to 20-feet for Shackleton only with a right of way of 28 feet. b. Condition #59 modified: '...and shall not be used for transient purposes as defined in LQMC Section 3.24 Transient Occupancy Tax." C. Condition #60 modified: "No Certificate of Occupancy (either temporary or final) for the Madison Club Clubhouse..." ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. B. Site Nvelopment Permit 2006-857; a request of Coachella Valley Housin Coalition for consideration of architectural and landscaping plans for the Dyne Palms Neighborhood Community Center for the property located at he northwest corner of Dune Palms Road and Avenue 48. 1. Chair.an Quill opened the public hearing and asked for the staff report. Assistant Planner Jay Wuu presented the information contain in the staff report, a copy of which is on file in the Commune y Development Department. 2. Chairman uill asked if there were any questions of staff. Commission Engle asked why staff was requesting awnings. Staff clarified r the energy conservation measures. 3. There being no f ther questions of staff, Chairman Quill asked if the applicant wou like to address the Commission. Mr. John Aguilar, representin Coachella Valley Housing Coalition, stated they were in agreem t with the conditions as proposed and was available to answer y questions. Staff clarified the project before the Commissio was only the Clubhouse as the entire project has received its ntitlements, G:\WPDOCS\PC Minutes\2007\6-12-07.doc 4