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2007 08 07 CC64444d4a City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, AUGUST 7, 2007 — 3:00 P.M. Beginning Resolution No. 2007-071 Ordinance No. 444 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 CITY'S LEGAL COUNSEL REGARDING POTENTIAL LITIGATION WITH SHEA TRILOGY TENTATIVE TRACT MAP 30023, PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (b)(1) AND(C). 1 City Council Agenda 1 August 7, 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 — NONE Ss7ail�fliT11jt4-9 1. APPROVAL OF MINUTES OF JULY 17, 2007. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. APPROVAL OF DEMAND REGISTER DATED AUGUST 7. 2007. 2. APPROVAL. OF CONTRACT CHANGE ORDER NOS. 9, 27, 31, AND 34 TO GKK WORKS FOR DATA CABLING HVAC CONTROLS, FIRE ALARM SYSTEM, AND LANDSCAPE UPGRADES FOR THE CITY HALL EXPANSION, PROJECT NO. 2002-01. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE INFORMATIONAL SERVICES ANALYST TO ATTEND THE SHORTEL INTERNET PROTOCOL SYSTEM TRAINING CONFERENCE IN SUNNYVALE, CALIFORNIA, SEPTEMBER 10-14, 2007. City Council Agenda 2 August 7, 2007 0Z 4. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 5-8, 2007. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY MANAGER AND ASSISTANT CITY MANAGER/MANAGEMENT SERVICES TO ATTEND THE INTERNATIONAL CITY -COUNTY MANAGEMENT ASSOCIATION (ICMA) ANNUAL CONFERENCE IN PITTSBURGH, PENNSYLVANIA, OCTOBER 7-10, 2007. 7. ADOPTION OF A RESOLUTION APPROVING THE APPLICATION FOR A FISCAL YEAR 2007/2008 PLAYFUL CITY USA. 8. RATIFY CONTRACT FOR THE REMOVAL OF THE BERM AT THE FRED WOLFF BEAR CREEK NATURE PRESERVE ALONG AVENIDA MONTEZUMA. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC, DBA MONTERRA INVESTMENTS, LLC. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ON -SITE IMPROVEMENTS FOR TRACT MAP 32279, MIRAGE, STANDARD PACIFIC HOMES. 11. ACCEPTANCE OF ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29702, LA QUINTA RESORT AND CLUB. 12. APPROVAL OF A REPORT OF PLANNING COMMISSION ACTION FOR SITE DEVELOPMENT PERMIT 2007-887 APPROVING DEVELOPMENT PLANS FOR AN 85,655 SQUARE FOOT, THREE-STORY MEDICAL BUILDING (PHASE 1) LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND SEELEY DRIVE WITHIN THE CENTRE POINTE PROJECT. APPLICANT: EISENHOWER MEDICAL CENTER. 13. ACCEPTANCE OF ON -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30125-2, HACIENDAS, SEDONA HOMES, INC. 14. ACCEPTANCE OF ON -SITE AND OFF -SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30125-1, HACIENDAS, SEDONA HOMES, INC. 03 • lu City Council Agendas 3 August 7, 2007 15. APPROVAL OF AN EXTENSION OF A MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING SCHOOL RESOURCE OFFICERS. 16. APPROVAL TO APPROPRIATE FUNDING AND APPROVE A COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2005-03. 17. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE PARK AVENUE LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-15. 18. APPROVAL TO AWARD A CONTRACT TO D & L WHEELER ENTERPRISES TO CONSTRUCT THE MISCELLANEOUS STREET IMPROVEMENTS, PROJECT NO. 2005-01. 19. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE AVENUE 52 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-03. 20. ADOPTION OF A RESOLUTION DECLARING SUPPORT OF THE CALIFORNIA BUILDING INDUSTRY ASSOCIATION'S CALIFORNIA GREEN BUILDER PROGRAM. 21. APPROVAL OF A PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN LRCF SR 1, LLC (FORMERLY LDD SILVERROCK, LLC) AND LRCF SR 2. LLC. BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF ART IN PUBLIC PLACES FEE CREDIT FOR TWO BRONZE ART PIECES AT GRIFFIN RANCH. nr0tm9:94111cl.1a-.VAX"rIs] kil City Council Agenda 4 August 7, 2007 3. CONSIDERATION OF APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2007 LEAGUE OF CALIFORNIA CITIES CONFERENCE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF CITY REPRESENTATION ON COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION OF DESIGN ALTERNATIVES FOR THE HIGHWAY 111 IMPROVEMENTS, PROJECT NO. 2006-04, PHASE III. 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 (AUNTY 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 20. INVESTMENT ADVISORY BOARD MINUTES DATED JUNE 13, 2007 21. COMMUNITY SERVICES COMMISSION MINUTES DATED JUNE 11, 2007 05 City Council Agenda 5 August 7, 2007 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY — NONE 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT — NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT — NONE 6. FINANCE DEPARTMENT REPORT — NONE 7. PLANNING 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 — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7!00 P.M_ PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. c vs City Council Agenda 6 August 7, 2007 1. PUBLIC HEARING ON WEED ABATEMENT/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON 2006/2007 PROPERTY TAX ROLL. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL TO: 1) APPROVE A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2007-584; 2) APPROVE SPECIFIC PLAN 2007-082; AND 3) APPROVE SITE DEVELOPMENT PERMIT 2007-885 FOR THE ARCHITECTURAL AND LANDSCAPING PLANS FOR THE CLUBHOUSE FACILITY FOR THE LA QUINTA COUNTRY CLUB, LOCATED ALONG THE NORTH SIDE OF AVENUE 50 AND THE EAST SIDE OF EISENHOWER DRIVE. APPLICANT: LA QUINTA COUNTRY CLUB. A. RESOLUTION ACTION 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL APPROVING AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2003-074 AND SITE DEVELOPMENT PERMIT 2003-762 FOR A PREVIOUSLY -APPROVED PROJECT TO ALLOW CONSTRUCTION OF A SENIOR RETIREMENT COMMUNITY CONSISTING OF APPROXIMATELY 166 INDEPENDENT LIVING UNITS, 20 ASSISTED LIVING UNITS, 18 DEMENTIA CARE BEDS, AND 20 SKILLED NURSING BEDS ON 14± ACRES LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. APPLICANT: WESTPORT LA QUINTA, L.P. A. RESOLUTION(S) ACTION ADJOURNMENT The next regular meeting of the City Council will be held on September 18, 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. 4.� 07 City Council Agenda 7 August 7, 2007 DECLARATION OF POSTING I, Veronica Moniecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of August 7, 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 1 1 1, on August 3, 2007. DATED: August 3, 2007 ,&L VERONICA J. MONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. City Council Agenda 8 August 7, 2007 G us CS-1 Jackson I DeMar+co I Tidus Petersen I Peckenpaugh A LAW CORPORATION August 1, 2007 VIA FACSIMILE (760) 777-7101 AND U.S. MAIL Timothy R. Jonasson Public Works Director/City Engineer City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Direct Dial 949.a51.7409 Email mstaples@ldtplaw.Com Reply to Irvine Office File No. 2294/0i Re: Conditions of Approval - Tentative Tract Map 30023 Dear Mr. Jonasson: We represent Shea Trilogy in connection with Tentative Tract Map 30023. To put your July 30, 2007 letter to Perry Devlin in context, the City is demanding that, in order for the Council to consider the final map, Shea must contractually commit and bond to construct a 4- lane road extension over an 18 foot -high levee, on land that neither Shea nor the City owns, over the objection of the affected landowners including the Bureau of Reclamation, across federal property that the City cannot condemn, that is subject to the permitting jurisdiction of several agencies, and has not undergone environmental review under state and federal laws, all on the basis of inferences in the Specific Plan and tract map conditions that do not state that Shea is required to construct any such facility. Further, your letter omits that the tentative map Is Avenue 62 road improvements have already been approved by the County and the City in satisfaction of the tentative map and Specific Plan conditions cited in your letter. The City's failure to acknowledge and consider this important information jeopardizes the City Council's timely review of Shea's final map and invites severe consequences: simply put, the map will not be recorded and the project will not be constructed if the City persists in its efforts to compel Shea to accept responsibility for the multi- million -dollar Avenue 62 road extension and overpass as a condition of the City Council's approval of the final map. The potential consequences of the City's ill-advised actions extend well beyond the significant damages to Shea — hundreds of subcontractors finishing up building the prior phases of the Trilogy La Quinta project will be unexpectedly out of work if tract map 30023 is shut down. Irvine Office I Westlake Village Office 2030 Main Street, Suite 1200 2815 Townsgate Road, Suite 200 wwwJdtplaw.com Irvine. California 92614 Westlake viIlaae. California 91361 Timothy R. Jonasson August 7, 2007 Page 2 1. Shea Already Has Provided and the City Has Ayoroved Shea's Avenue 62 Improvements. The County and the City both approved Shea's road widening improvement plans for Avenue 62. Attachment "A" are the plans signed off by the County, and Attachment "B" are the plans signed off by the City. Mr. Sauerbrey of Shea discussed the City -approved plans with you last week, and you acknowledged to him that you had a copy of the signed plans in the project files. Yet, your letter omitted any mention of them. Instead, your letter cites the tentative map condition that generally requires Shea to prepare improvement plans for the tract map's required improvements based on a design profile extending 300 feet beyond the project boundaries. Your letter ignores the County's clarifications of the required Avenue 62 improvements as confirmed in the Transportation Department's March 11, 2002, and July 1, 2002, letters (Attachment "C" and "D", respectively). Specifically, with respect to the Avenue 62 improvement plans, Shea did prepare there in accordance with the County's specifications and clarifications, and the plans were subsequently signed off by the County and later the City with a cul de sac at the levee. In fact, Shea has constructed the permanent maintenance yard facilities, including buildings, perimeter walls, and subsurface water line, bordering on the approved Avenue 62 improvement plans (Attachment E ). According to the City's special legal counsel, staff s position is that the City approved the Avenue 62 plans for "interim improvements" only, and that none of the permanent maintenance yard facilities would be affected by the Avenue 62 extension and overpass improvements now demanded by the City. We are aware of no support for staffs position. To the contrary, road improvements of the magnitude being required by staff would require massive retaining walls within Shea's approved and constructed maintenance yard improvements fronting on the City - approved Avenue 62 improvement plans. Otherwise, the City would not need additional easement commitments from Shea (reference pages 2 and 3 of your letter). In fact, Shea has already constructed the "interim" Avenue 62 plan improvements that were approved by the County Fire Marshall. The condition of approval has been satisfied with respect to the Avenue 62 improvement plans. 2. Shea Already Has Bonded for the Avenue 62 Improvements. Your letter demands that, by today, Shea must submit a Subdivision Improvement Agreement that includes the Avenue 62 extension improvement and confer the necessary slope and other easements in order for the final map to be calendared for Council consideration at the August 7 Council meeting (the special City Attorney subsequently retracted the easement requirement). The letter omits that Shea already bonded for the subdivision improvements, including Avenue 62 improvements, in 2002. 19 Timothy R. Jonasson August 7, 2007 Page 3 Shea has satisfied its requirement to bond for the Avenue 62 improvements and its final map is now ready for Council approval. 3. The City is Outside Its Legal Authority to Burden Shea's Tract Mal) with the Avenue 62 Extension Because There Is No Nexus Between Shea's Tract Mal) and the Extension. The City is prohibited by Constitutional nexus requirements and the Subdivision Map Act from burdening Shea with the obligation to construct the Avenue 62 extension and overpass improvements. The 200-lot tract map is a small portion of a 1,200-acre Specific Plan. No other tract map within the Specific Plan has been burdened with the Avenue 62 extension and overpass improvements. Your letter provides no support for the statement that the Avenue 62 extension and overpass that the City is now demanding of Shea are directly related to the tract map's traffic impacts. In fact, the studies that have been conducted are to the contrary. The February 22, 2007, draft traffic study (Attachment "F"); and the FONSI prepared by Bureau of Reclamation in connection with Travertine project (YAO-FONSI-07-001) call into question the need for the Avenue 62 extension and overpass that the City is demanding of Shea, and show that Shea's project would contribute little to no traffic to any such improvement. In fact, as the City - approved plans for Avenue 62 improvements and maintenance yard improvement plans clearly show, there would be no ingress or egress from the Shea property to Avenue 62 except for the maintenance yard and well sites (reference Attachments "A", "B", and "E"). Your letter also does not disclose that the necessary participants in any Avenue 62 extension and overpass project are opposed to the plan, including the Bureau of Reclamation and Howard Keck who own property necessary for any expansion. The City has not defined the extension improvements or evaluated their potential environmental impacts, alternatives, and mitigation measures under the California Environmental Quality Act and National Environmental Policy Act. Though your letter does not discuss the physical constraints of the Avenue 62 extension, the City is aware that there is limited space available in the existing topography, necessitating extensive grading and large retaining walls to accommodate the extension and overpass that the City is demanding. 4. The Cited Conditions of Al)l)roval Have Been Satisfied and Shea is Now Entitled to Final Man Anl)roval as a Ministerial Act of the City Council. The City's efforts to burden Shea's map with the obligation to extend Avenue 62 are untenable in light of the County's and City's repeated approvals of Shea's Avenue 62 improvement plans, the approval and construction of the maintenance yard improvements, and the absence of any articulated obligation for Shea to construct the extension and overpass the City now demands. Shea cannot agree to burden its project (and, ultimately, the homeowners) with the responsibility for extending Avenue 62 beyond its project boundary and over the levee. Timothy R. Jonasson August 7, 2007 Page 4 If the City wishes to consider the extension of Avenue 62 as a regional road improvement separate from Shea's tract map, Shea would be willing to resolve this matter by depositing funds in the amount of $900,000 for the City's use in any Avenue 62 extension project in exchange for a release of the Avenue 62 improvement conditions. On behalf of Shea, we urgently request that the City Council consider the final map for Tract 30023, together with the information provided in this letter, at its August 7 Council meeting. Sincerely, Michele A. Staples Enclosures Attachment "A": Avenue 62 Plans signed off by County Attachment "B": Avenue 62 Plans signed off by the City Attachment "C": Transportation Department Letter dated March 11, 2002 Attachment "D": Transportation Department Letter dated July 1, 2002 Attachment "E": Approved Golf Maintenance Yard Precise Grading Plans Attachment "F"': Draft Traffic Study excerpts, dated February 22, 2007 cc: Mayor Don Adolph (w/ enclosures) Mr. Tom Genovese, City Manager (w/ enclosures) Mr. Doug Evans, Assistant City Manager (w/ enclosures) Mr. Les Johnson, Planning Director (w/ enclosures) Mr. Ed Wimmer, Development Services Principal Engineer (w/ enclosures) Richard Zeilenga, Esq. (via e-mail w/ enclosures) 726423.1 12 1. J— 1 SHEA TRILOGY AT LA QUINTA TRACT MAP 30023 LA QUINTA CITY COUNCIL AUGUST 7, 2007 SUMMARY: • Shea Trilogy has met all conditions of Tentative Tract Map 30023, and the City has already approved the Avenue 62 road improvements required as a condition of final map approval. • State Law prohibits the City from amending or imposing new conditions after it approves a tentative map. • The City is demanding that, in order for the Council to consider the final map, Shea must contractually commit and bond to construct a 4-lane road extension over an 18-foot-high levee, on land that neither Shea nor the City owns, over the objection of the affected landowners including the Bureau of Reclamation, across federal property that the City cannot condemn, that is subject to the permitting jurisdiction of several agencies, and has not undergone environmental review under state and federal laws, all on the basis of inferences in the Coral Mountain Specific Plan and tract map conditions that do not state that Shea is required to construct any such facility. Because Shea has complied with the conditions in the approved tentative map, the City Council has no choice but to approve the final map. The City is legally prohibited from requiring Shea to construct the Avenue 62 road extension over the levee. THE CITY IS PROHIBITED FROM IMPOSING THE AVENUE 62 EXTENSION CONDITION AFTER TENTATIVE MAP APPROVAL • "After the developer has relied on the approved tentative map with conditions and has produced a final tract map which satisfied these conditions, he is entitled to acceptance and approval of that final map without the imposition of new or altered conditions and without undue delay in the absence of his consent." (Great W. Say. & Loan Assn. v. City of Los Angeles (1973) 31 Cal.App.3d 403, 411.) • The City Council must approve the final map if it substantially complies with the approved tentative map. (Gov't. Code, § 66474.1. El Patio v. Permanent Rent Control Board (1980) 110 Cal.App.3d 915, 924.) • The City Council cannot postpone or refuse approval of a final map because of a tentative map condition requiring Shea to install offsite improvements on lands not belonging to either Shea or the City. (Gov't. Code, § 66462.5.) THE CITY IS PROHIBITED BY CONSTITUTIONAL NEXUS REQUIREMENTS FROM BURDENING SHEA BEYOND ITS PROJECT IMPACTS • The studies performed on the Avenue 62 extension uniformly show that Shea's project does not take access from Avenue 62 and contributes no traffic. The City 727225.2 t 13 is violating the constitutional requirement that there must be an "essential nexus" between an imposed condition and the impacts of a specific project. (Nollan v. California Coastal Commission (1987) 483 U.S. 825, 837.) By requiring Shea to contractually commit and bond for the Avenue 62 improvements, the City is violating the constitutional requirement that the conditions imposed and the projected impact must be "roughly proportional." (Dolan v. City of Tigard (1994) 512 U.S. 374, 391. THE CITY IS SUBJECTING ITSELF TO AN INVERSE CONDEMNATION CLAIM • By burdening Shea's tract map with the Avenue 62 extension obligation that is not "roughly proportional" to Shea's project's impacts, the City is subject to an inverse condemnation action. • The City's Avenue 62 extension requirement deprives Shea of its legally -entitled final map and amounts to an unconstitutional taking. (Uniwill v. City of Los Angeles (2004) 124 Cal.App.4t' 537, 544.) THE CITY CAN BE COMPELLED TO APPROVE SHEA'S FINAL MAP • Final map approval is a ministerial act. If the City Council fails to meet its ministerial duty of approving Shea's final map, courts may issue a writ of mandate compelling the City to approve the final map. (Code of Civil Procedure, § 1085; Great W. Say., supra, 31 Cal.App.3d at 414.) 727225.2, 4 U.S. DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT ENVIRONMENTAL ASSESSMENT EA NUMBER CA-660-06-28 DATE: 4/8/2006 TITLE/PROJECT TYPE; TRAVERTINE PROJECT, RIGHT-OF-WAY GRANT LA QUINTA, CA CASE FILE NUMBER: CACA-45667 BLM OFFICE: PALM SPRINGS -SOUTH COAST FIELD OFFICE 690 W. Garnet Avenue, P.O. Box 581260 North Palm Springs, CA 92258-1260 BOR OFFICE:: BUREAU OF RECLAMATION 400 Railroad Avenue Boulder City, NV 89006-2422 APPLICANT/PROPONENT: TRAVERTINE CORPORATION 74-770 Highway 111, Suite 201 Indian Wells, California 92210 Steven W. DeLateur, Esq., Agent for Travertine Corporation LOCATION OF PROPOSED ACTION: Jefferson Street: U.S. Bureau of Land Management; Section 32, Township 6 South, Range 7 East, San Bernardino Base and Meridian Madison Street: U.S. Bureau of Reclamation; Sections 33 and 34, Township 6 South, Range 7 East, San Bernardino Base and Meridian Avenue 62: U.S. Bureau of Reclamation a 13 Jefferson Street The Jefferson Street ROW, which is intended to provide secondary access to the development site, would extend across BLM-managed lands located in the northeast comer of Section 32 (see Figure 2). The ROW would be approximately 1,600 feet long and 100 feet wide. The proposed road that would be constructed within the ROW would consist of four paved lanes (two lanes in either direction), without a median. Buried utilities planned within the road ROW would include water and sewer, electric distribution, and stone drains. Dry utilities (e.g., cable television, telephone, and gas lines) would also be buried in the ROW. All construction staging would take place from nearby privately owned lands. Avenue 62. BOR and Travertine Corporation are parties to a ROW agreement, which allows vehicular traffic across Levee No. 4 at the Avenue 62 alignment (Figure 2). The Riverside County Fire Department has indicated to Travertine Corporation that it may be necessary to use this access point for fire and other public safety vehicles. Avenue 62 is also designated as a public street in the City's General Plan for local traffic to and from the east. As in the other IX rights -of -way above, any utilities and infrastructure would be restricted in size to meet the needs only of Travertine. This proposed use would expand the current authorized use of the existing ROW. Therefore, Travertine Corporation requires BOR approval to expand the scope of the existing ROW permit. The existing loose gravel road would be improved to conform to the City's standards for public asphalted streets. 3.2.2 Land Development The proposed Travertine development is a master -planned resort community that would include a variety of land uses, including residential, recreationaltopen space, commercial, and resort hotel/conference center. At least three proposed residential types, including estate homes, resort homes, and villas, would be oriented around up to 36 holes of golf and a driving range. A neighborhood commercial site is proposed to provide local services. A resort hotel/conference center will include the opportunity for a tennis facility, which may provide additional recreational opportunities for both residents and visitors to the Travertine community. The project would be developed in multiple phases over a number of years. The anticipated project phases are depicted in Table 1. After construction of the golf course, phasing of project area development would be driven primarily by the construction of the two water reservoirs, each of which would serve a different portion of the development. At build -out, the project would result in impacts to approximately 826 acres, of which about 267 acres are in designated Critical Habitat. The total acreage of Travertine could increase as described above, in consultation with the Service. This information is from the Travertine Specific Plan and exhibits prepared by The Keith Companies (1995a, 1995b, 1999) and Travertine Corporation. 16 RUG-07-2007 13:35 From:BEST BEST KRIEGER 7603406698 To:760 777 7101 BEST BEST & KRIEGER LLP A CAUMRNa LIMITED Lu& PAR eli NIP IMCWDINO PRGCeD91CµU- 664PpP., RIVERSIDE LAWYERS (009) SAS- 1490 74-760 HIGHWAY 1 1 1. SUITE 200 INDIAN WFLLS. rALIFORNW 92210 ONTARIO (760) Be8•2e1 I (9001 989.5554 1700) 340E096 FAX BSKLAW CoM TELECOPIER TRANSMISSION DATE: August 7, 2007 To: P.1/3cs 1 5AN DIEGO co 19), sts-1300 ORANGE COUNTY (949) 2Cs-2000 SACRAMENTO (91 5) 325.4000 NAME FAx No. PHONE NO. Honorable Mayor and Members (760) 777-7101 of City Council CITY OF LA QUINTA FROM: Robert W. Hargreaves, Esq. RE: Extension of Avenue 62 / Tentative Tract Map 300323 (Conditions of Approval) FILE No.: USER No. OF PAGES, INCLUDING 3 No.: I COVER: MESSAGE: CAUTION - CONFIDENTIAL: THE DOCUMENT BEING TELECOPIED TO YOU MAY CONTAIN INFORMATION PROTECTED BY THE ATTORNEY-CLIENT/WORK PRODUCT PRIVILEGE. It is intended only for the person to whom it is addressed. if you are not the intended recipient or an authorized agent, then this is notice to you that dissemination, distribution or copying of this document is prohibited, if this was received in error, please call us at once and destroy the document. IF YOU EXPERIENCE ANY DIFFICULTY WITH THE QUALITY OR COMPLETENESS OF THIS TRANSMISSION, PLEASE CALL SUPPORT AT (760) 568-2611. 17 RMPUBNDt.0\2441143 RUG-07-2007 13:35 From:BEST BEST KRIEGER 7603406698 Ta:760 777 7101 P.2/3 PANE (949) 263-2500 LOS ANGELES (213) 617-6100 ONTAPoO (909) 999-85a4 RIVERSIDE (951) 556-1450 Robert W. Hargr00ve9 (760) 837-1604 Honorable Mayor and Members of City Council City of La Quinta 78-495 Calle Tampico La Quints, CA 92270 BEST BEST & KRIEGER3 ATronNm AT t.Aw 74.760 Highway 111, SUite 200 Indian Wells, California 92210 (700) 608-2611 1760) 340-6698 FaX BBKIaw.00m August 7, 2007 CC, ka fy-.- CM l Sp.CRAMENTO 1 '. (916) 325-4000 (619)525-t300 WALNUT OREEK (9.2$)977-2300 •\t File No. 72025.00000 Re: Conditions ofApproval — Tentative Tract Map 300323 /Extension of Avenue 62 Honorable Mayor and Members of the City Council: This office represents Howard Keck, Jr. Mr. Keck owns and operates a large table grape operation in the Coachella Valley. He is a large employer and produces patented table grapes which are sold both domestically and internationally. Part of his operations are located on a 300 acre property located immediately south of the Trilogy development on Avenue 62. Mr. Keck strenuously objects to any effort to enlarge or extend Avenue 62 over the levee adjoining his property. Traffic studies have demonstrated that the proposed extension is unnecessary. Due to the height and breath of the necessary embankments, the project would be costly to construct, and would unnecessarily interfere with the use and development of adjoining property. The footprints of the embankments necessary to accommodate the extension would necessarily intrude substantially onto the Keck property, and the embankments themselves would seriously impair the view sheds of the property. The extension has not been the subject of any appropriate environmental review. In the past, Mr. Keck has acted forcefully to protect his property from this type of impact. When the Travertine project was originally approved in 1995, Mr. Keck submitted comments challenging the Elk and the potential extension of Avenue 62, in order to avoid litigation, Travertine agreed to not request that the City of La Quinta or the County of Riverside take any of the Keck property by eminent domain for any purpose connected with the Travertine development RMPUB1RIIARGR13AVO\286843 I a " is RUG-07-2007 13:35 From:BEST BEST KRIEGER 7603406698 To:760 777 7101 P.3/3 BEST BEST & KRrEGER AffORNEYS AT WV Honorable Mayor and Members of City Council City of La Quinta August 7, 2007 Page 2 In 2000, the County's approval of Trilogy's Amended Coral Mountain Specific Plan was conditioned on the creation of a buffer zone between the Trilogy development and the Keck property. Residential development was not permitted within several hundred feet of the Keck vineyards. These restrictions are memorialized in the conditions of approval and deed restrictions. Building a highway in close proximity to, with embankments that intrude into, the vineyards, would be equally problematic. Mr. Keck and his family have had a long history with the City of La Quinta. In years past, the Keck family has made several large gifts to enhance the quality of life of everyone who lives in La Quinta. The Keck family has given a fire truck and a four wheel drive ambulance to the City of La Quinta. Mr. Keck looks forward to continuing his friendly relationship with the City of La Quinta. Forcing the extension of Avenue 62 over the levee would be excessively expensive, serve little purposc, and unnecessarily interfere with the beneficial use of adjoining property. Mr. Keck respectfully requests that the city desist from that unnecessary project. jVery truly yours, o eft . argreaves of BEST BEST & KRIEGER LLP RWH:dm cc: Howard B. Keck, Jr. RMVUUIRI IARGRUAVU\286843 1 19 r COUNCIL/RDA MEETING DATE: August 07, 2007 ITEM TITLE: Demand Register Dated August 07, 2007 RECOMMENDATION: Approve Demand Register Dated August 07, 2007 BACKGROUND: Prepaid Warrants: Payable Warrants: 74026 - 74064) 74065 - 74085) 74086 - 741 19) Voids} Wire Transfer P/R 33926 - 33954 P/R Tax Transfers} 74120 - 7431 1 } FISCAL IMPLICATIONS: Demand of Cash -City De and of Cash RDA John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 493,450.79 54,900.85 145,883.76 -9,061.63 1,134,398.04 385,545.47 108,646.33 2,072,235.01 $4,385,998.62 $ 3,148,462.51 $1,237,536.1 1 ' 20 CITY OF LA QUINTA BANK TRANSACTIONS 07/11 /07 - 07/31 /07 07/13/07 WIRE TRANSFER - WATERCOLORS 07/13/07 WIRE TRANSFER - WATERCOLORS 07/13/07 WIRE TRANSFER - WATERCOLORS 07/13/07 WIRE TRANSFER - WATERCOLORS 07/13/07 WIRE TRANSFER -WATERCOLORS 07116/07 WIRE TRANSFER - PERS 07/16/07 WIRE TRANSFER - ICMA 07/20/07 WIRE TRANSFER- WATERCOLORS 07/27/07 WIRE TRANSFER - WATERCOLORS 07/27/07 WIRE TRANSFER - WATERCOLORS 07/27/07 WIRE TRANSFER - WATERCOLORS 07/30/07 WIRE TRANSFER- PERS 07/30/07 WIRE TRANSFER- ICMA 07131/07 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $103,000.00 $103,000.00 $103,000.00 $78,000.00 $73,000.00 $51,377.80 $7,410.91 $103,000.00 $103,000.00 $103,000.00 $55.000.00 $52,443.67 $7,410.91 $191,754.75 $1,134,398.04 .0.J 21 i 1 1 1 I I I I 1 I 1 I 1 I 1 1 IW 1 IQ I IC I 1 I 1 1 1 I I I I 1 I I I 1 I 1 1 I 1 6 1 1 C 10£I b OYIZQI z1wz1 O Jml 1 Q I 1 uOl I m 1 I n .m 1 1 o aal 1 o fLLl I NJZ I I \d F1 rn 1 c I MMOJIe01 \£ w I zz 1 0 1W 1 O J 1> 1 •• 1 I w£WOI 66001 ¢¢ IY I amYY lu 1 WOHZI w01 K¢NQISZI aaum I IJ 1 o O O w P w V O m > N 00 00 00 00 r N`O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 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M I H C I 0� I w I 6 \ I N I ar 1 wl 0 1 c1 w I I 1 o N 1 I Z Q 1 I W 1 I 6 1 I X 1 I W 1 I 1 I 1 1 H I Z 1 0 01 O Z I U I u I I a I 1 w I 1 O I 1 C W I 1 \F I 1 Y I NPI c ,MOM I Z �OIw I r£ I> 1 o oal I J I I •• I ouW I w £wl1 1'QO 1 ZI c I 0 0 0 1 6 N} I > Z I w OH I zZ I I w .-1 I a dul> 1 P P Q 0 on O O O d N r d O M P ON O.O 00 M P• d' 83 Twit i 4QxI"fw COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Approval of Contract Change Orders Vs 00009, 00027, 00031 and 00034 to GKK Works for Data Cabling, HVAC Controls, Fire Alarm System and Landscape Upgrades for the City Hall Expansion, Project No. 2002-01 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order #'s 00009, 00027, 00031 and 00034 to GKK Works in the total amount of $483,801 for data cabling, HVAC Controls, fire alarm system and landscape upgrades for the City Hall expansion. FISCAL IMPLICATIONS: The current contingency budget for the project includes sufficient funding for this change to the contract. No additional appropriations are necessary. The cost of the individual Change Orders are as follows: Data cabling and revised electrical $67,000 HVAC controls (new and existing) $253,000 Fire alarm system $104,801 Landscape upgrades $59,000 Total $483,801 CHARTER CITY IMPLICATIONS: There is no requirement for prevailing wage on the project. BACKGROUND AND OVERVIEW: On September 19, 2006, the City Council awarded a contract to GKK Works for the construction of the City Hall expansion. The bid set of documents did not include the data cabling required for phone and computer at each work space. There were also some electrical revisions made to the plans after the bid date, the cost of which is included in Change Order 00009. At the time of the bid, it was not known what changes would be made to the existing HVAC system to address current deficiencies, but funding was included for the renovation. Since that time, it has been determined that a state-of-the-art control system for both the new and existing HVAC systems would be the appropriate solution and enhance the system to be more energy efficient. Change Order 00027 includes the cost of materials and installation for that system. Change Order 00031 covers the cost of the fire alarm system in the addition. The design was not complete at the time of the bid. Change Order 00034 represents the cost associated with staff generated upgrades to the landscape materials in original bid documents. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve Contract Change Order #'s 00009, 00027, 00031 and 00034 to GKK Works in the amount of $483,801 for data cabling, HVAC Controls, fire alarm system and landscape upgrades for the City Hall expansion; or 2. Do not approve the Contract Change Orders; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung —� Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager a - 85 2 ceit!t 4 4v Qamrcv COUNCILIRDA MEETING DATE: August 7, 2007 ITEM TITLE: Authorization for Overnight Travel for the Informational Services Analyst to Attend the Shoretel Internet Protocol System Training Conference September 10 - 14, 2007, in Sunnyvale, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve for Overnight Travel for the Informational Services Analyst to Attend the Shoretel Internet: Protocol System Training Conference September 10 - 14, 2007, in Sunnyvale, California. FISCAL IMPLICATIONS: Account No. 502-0000-512.51-01 Travel and Training contains $5,500 for the Informational Services Analyst to attend this conference. Registration $2,800 Meals — (Maximum 6 days x $75) 450 Car Rental 200 Airfare 300 Hotel (5 nights x $180) 900 Mileage 50 Parking 50 Total $4,750 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City implemented a Shoretel voice-over internet protocol (VOIP) telephone system in Fiscal Year 2005/06. The telephone vendor, Shoretel, offers a five-day course to its customers to enhance managing the system software and maintaining the system hardware of the phone system. Staff will be traveling September g`" in order to arrive at the conference location on the September 10`". Upon completion of this program, the attendees receive a Certified Shoretel Administrator designation. The closest location for these nationwide training sites is in Sunnyvale, California (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for Overnight Travel for the Informational Services Analyst to Attend the Shoretel Internet Protocol System Training Conference September 10 - 14, 2007, in Sunnyvale, California; or 2. Do not approve authorization for Overnight Travel for the Informational Services Analyst to Attend the Shoretel Internet Protocol System Training Conference September 10 - 14, 2007, in Sunnyvale, California; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Shoretel Conference Information •.j 87 2 141 1141�P71VICIV 1 1 Cn c a+ m C v a7 w E w w O n 3 E Y ,o ai u w c ` o a n o O a c Y 7 —o U `v 0 L oo ^ v o U O 7 L i o co°D S v E °, M C u E ti 6 ai U L ° o C T a m n .n C O '0O a :3 OU Y O V ~ C T n V O Q V w5 E 9 O +�• CL y c vOi ° c v V L E a) O N cr o m E v o v Y V) yn w C w i Cn N C -afu d n O TL C L T Q O Y W Y T :L CL 01 d co cu F' J Z V C C aJ C aL+ v w VI O -LO w W EL � w o L O L O O O "O y N N— d °c °L o ai CT .w E o oa c O— E m CL u w V y C L C O �p C YV) Ocu w iYil Y C -C c u .0. 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N vl O m } Q Z 3 0 7>$ >> > — cu Nn m o m U v c C M o v a c .c Y Z) O �e a m m o 3 t w 7 NAI co It 0 O M w O U ¢ F� >—: 7 >. v> c 3> C 0 — c o V Y D y v m r 7 to m O m V >> c C G o O^X v F- o o c 3 a 7 M O v DQ- 3 o>> Nn co O rn U c C_ Nn m o rn U c C o — c w o 3 UI Z m V) Z W U) U1 U) : m ¢ V) U) W m Z U) R' Q O O O n N N N N N N N ^ O n N N O O O O O O O O n O N O O O 0 0 0 0 0 0 0 0 0 N O O n N N O O O rj N N N N N N N N N O O N N 00 N N N'6 O O 01 n ..-I - 7 ..-I ti W N O N N N V' N Q O N N Z i i to cl N M O m M Q, Q Q. d Q Cl ,.. y i L>> U U U 7 7 7 7 7 0 w N 0 N w U U U U O O N N N Q Q Ut UI (n U) (n m 0 0 0 0 z Z 0 0 0 T to 0) N 'OD a mO mO oO N 0NO kOtio kOtiD TmO.ti m N N N N O O O O O.� CD O O O OO O O O OOO O O O ON 9 Twit 4 e6P Qu&& COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Approval of a Contract Services Agreement with the La Quinta Arts Foundation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $100,000 to be used for the 2008 La Quinta Arts Festival. FISCAL IMPLICATIONS: On June 19, 2007, the City Council authorized the appropriation of $100,000 to be included in the Community Services Department budget (Account No. 101- 3001-451.80-03) for the La Quinta Arts Foundation's ("Foundation") 2008 La Quinta Arts Festival ("Festival"), to be held March 13-16, 2008. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved $100,000 to be used by the Foundation to market the 2008 Festival. Per Section 6.1 of the Agreement (Attachment 1), the Foundation will provide a final report, including an itemized accounting of expenditures relating to the funds provided per the Contract Services Agreement, on or about June 15, 2008. Exhibit A of the Agreement outlines the specific items the City will receive in addition to the general marketing of the event. In past years, the City supported the Festival thereby allowing the City logo and name to be used on marketing pieces. 90 The specific marketing items listed in Exhibit A (the Festival program and the Southwest Art magazine), are publications the Foundation has used in the past. The City has been acknowledged by logo and name in the Festival program. The Agreement staters that the City will be acknowledged in the two publications with text provided by the City and graphic layout of material provided by the Foundation. The Foundation has offered to provide a booth for the City at the Festival in which the City could distribute City promotional items. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $100,000 to be used for the 2008 La Quinta Arts Festival; or 2. Do not approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $100,000 to be used for the 2008 La Quinta Arts Festival; or 3. Provide staff with alternative direction. Respectft Ily submitted, WQ--L Ravi Edie Hylt n Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Agreement 91 ATTACHMENT 1 2007-2008 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and.between the CITY OF LA QUINTA, (the "City") and the La Quinta Arts Foundation (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the Production and Promotion of a Four -Day Fine Arts Festival from March 13-16, 2008 as specified in the "Scope of Services and Schedule of Performance" set forth in this Agreement as well as those set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the "work." Contractor 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 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance wiith 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. 1.4 Licenses, Permits, Fees and Assessments. Contractor 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. Contractor shall be responsible for ensuring that event vendors have proper permits, licenses and approvals as may be required by all applicable laws and ordinances. Contractor 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. 1.5 Familiarity with Work. By executing this Agreement, Contractor 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 the Contractor discover any latent or • '! 92 Page 1 of 10 unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except .at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of One Hundred Thousand dollars ($100,000), the contract sum, payable upon execution of this contract. 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 the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A") 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 the Contractor, 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 the Contractor 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 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_. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in 9 3 connection therewith: a " Page 2 of 10 a. Christi Salamone, Executive Director b. Jim Parrish, Chairman of the Board, President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material 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 Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor Officer: The Contract Officer shall be Thomas P. Genovese, or such other person as may be designated by the City Manager of the City. It shall be the Contractor's responsibility to assure the Contract Officer is kept informed of the progress of the performance of the services and the contractor shall refer any decisions which must be made by the 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 Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor 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. Contractor 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. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 9 Page 3 of 10 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor'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 Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the 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 The Contractor shall also 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 the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall ;also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. 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 of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, frd)T 9� Page 4 of 10 and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceedings in any way involving such Claims, Contractor shall provide a defense to the City indemnities, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnities. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the 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 the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor 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 the City may have and are not the exclusive remedies for Contractor'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 Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. •6.1 worts. Contractor shall provide a program report if requested by the City at any time during the duration of this Agreement. A final report, including an itemized accounting of expenditures as related to the items listed in Exhibit A, shall be provided on or about June 15, 2008. 6.2 Records. Contractor 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 9 Page 5 of 10 pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. 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. 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 Contractor 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. 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, the City may take such immediate action as the 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 Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor 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 nondefaulting 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 Contractor 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 Contractor. 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, a 97 Page 6 of 10 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 7.9 for termination for cause. Both parties to this Agreement reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor 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 Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 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; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor 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 the 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such, interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 93 Page 7 of 10 8.3 Covenant against Discrimination. Contractor 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, disability or ancestry in the performance of this Agreement. Contractor 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, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to 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 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attn: Edie Hylten, Community Services Director To Contractor: La Quinta Arts Foundation P.O. Box 777 La Quinta, CA 92253 Attn: Christi Sallamone 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, 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 effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby 4.J 99 Page 8 of 10 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: Dated: ATTEST: a Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney La Quinta Arts Foundation: Dated: THOMAS P. GENOVESE, City Manager "CITY" Name: "CONTRACTOR" y l o g Page 9 of 10 EXHIBIT "A" Scope of Services and Schedule of Performance Produce and promote the La Quinta Arts Festival: A four day outdoor fine arts festival to be called the La Quinta Arts Festival to be held March 13-16, 2008 at the La Quinta Civic Center Campus in La Quinta. Marketing services for the above include an extensive marketing program wherein the name "City of La Quinta" and the official City logo will be prominently displayed as a Premier Sponsor at all times. Said coverage to include but not limited to: newspapers, magazines, radio and television advertising, as well as billboards, fine art posters (excluding Festival Commemorative Poster for retail sale), and high quality program commemorating the event and the City of La Quinta as a Premier Sponsor. The City will receive a full page in the Festival's 2008 program with text provided by the City and graphic layout design provided by the Foundation. The Foundation shall provide a link to the City of La Quinta's website on the Foundation's website. a 101 Page 10 of 10 ww!t 4 64:& agaftraj COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Authorization for Overnight Travel for Two Members of the City Council to Attend the League of California Cities Annual Conference in Sacramento, California to be Held September 5, 6, 7, and 8, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: S STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for two members of the City Council to attend the League of California Cities Annual Conference in Sacramento, California to be held September 5, 6, 7, and 8, 2007. FISCAL IMPLICATIONS: Account No. 101-1001-411.51-01 Travel and Training contains $5,200 for the City Council to attend this conference. Expenditures for this conference are estimated as follows: Registration Airfare Ground Transportation Hotel - (4 nights x $175 ► Meals (Maximum 5 days x $75) Total CHARTER CITY IMPLICATIONS: None. $ 450 $ 200 $ 125 $ 700 $ 375 $1,850 TOTAL (for two) $3,700 e 102 BACKGROUND AND OVERVIEW: The League of California Cities will be holding their annual conference entitled "Cities Shaping California's Future" September 5, 6, 7, and 8, 2007 in Sacramento, California. The conference will include general sessions each day along with League policy committee meetings and the 30th Annual Expo. Also featured are various business meetings and a variety of program sessions on topics such as housing, public safety, finance and environment. Council Members Henderson and Osborne have expressed an interest in attending this conference. Council Member Henderson requested to travel on September 4, 2007 in order to arrive at the conference location for committee meetings on September 5, 2007. Council Member Osborne will travel on September 5, 2007 to Sacramento. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for two members of the City Council to attend the League of California Cities Annual Conference in Sacramento, California to be held September 5, 6, 7, and 8, 2007; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant Approved for submission y: / Thomas P. Genovese, City Manager Attachment: 1. Announcement -- League of California Cities Annual Conference 2 4 103 0 I Tentative Schedule of Events 10:00 a.m.- Noon Thursday policy committees (adjacent hotelTBD) 12:30 - 2:30 p.m. Friday policy committees (adjacent hotelTBD) Noon Registration Opens at Convention Center 1:00 - 3:30 p.m. Pre -conference Workshops (additional fee) 2:30 - 3:30 p.m. First Time Attendee Orientation 4:00 - 6:00 p.m. Opening General Session —Annual Report and Keynote Address 6:00 - 7:30 p.m. Host City Reception EMOMMIUMM 7:30 a.m. Registration and CityBooks Open at Convention Center 8:00 - 9:15 a.m. Concurrent Sessions 9:30 - 1 1:00 a.m. Department Meetings 1 1:00 a.m.- 5:00 p.m. Expo Open 11:15 a.m.- 12:45 p.m. Institute for Local Government Lunch Symposium (additional fee) 11:30 a.m.- 12:30 p.m. Lunch on Expo Floor 12:45 - 2:00 p.m. Concurrent Sessions 2:30 - 3:45 p.m. Concurrent Sessions 4:00 - 5:15 p.m. General Session - Keynote Address REM= ME 7:30 a.m. Registration and CityBooks Open 7:30 - 8:45 a.m. Regional Networking Breakfasts (Contact your Regional Rep — additional fee may apply) 8:15 - 9:30 a.m. Board of Directors and Partners Recognition Breakfast 9:30 - 11:00 a.m. Board of Directors Meeting 9:15 - 10:45 a.m. Concurrent Sessions 10:15 a.m. - 3:30 p.m. Expo Open 1 1:00 a.m.- 12:15 p.m. Concurrent Sessions 12:15 - 1:30 p.m. Expo Luncharound 1:30 - 3:00 p.m. General Resolutions Committee 1:45 - 3:00 p.m. Concurrent Sessions 3:00 — 3:15 p.m. Expo Announcement of Prize Winners 3:45 - 5:15 p.m. Closing General Session - Keynote Address, Installation of New Board and Officers 6:00 - 8:00 p.m. Latino Caucus Reception 7:30 - 9:30 p.m. Death by Chocolate Reception 9:00 - 1 1:00 p.m. Asian Pacific Islander Caucus Karaoke Reception i " . au c , v�1, „r �tai �� .....,.,. �M ��„ d�uU..� 8:30 - 9:45 a.m. Concluding Annual Business Meeting - General Assembly registration 'I '1 to attend this 1 1 1 I be 1voting delegate)meeting • rou u Advance Registration Form LEAGUE ?007 .Annuaa Conference & Exh;bit.on Of CAS T ORNr^ Wednesday Sep_ernber 5 - Saturday September 8 C I T I E S Sacramento Conventon Center Written confirmation will be sent to those registrations received with complete payment before Tuesday, August 14. After this date please register onsite. All cancellations must be submitted in writing and are subject to a $SO processing fee. No refunds will be given for requests received after Wednesday, August 22. No refunds will be given for the ILG luncheon, pre -conference workshops, spouse/guest fees, or Caucus dues. Questions? Call the Conference Registrar at 916-658-8291. Sorry, phone registrations not accepted. Please enter your name and title, as they should appear Full One on your name badge and registration. Please indicate Registration Fees Conference Day guest(spouse's name if attending. Please complete one ❑ City Officials $450 $250 form per registrant ❑ Public Officials $495 $300 ❑ Partner/Exhibitor/Others $550 $350 ❑ Spouse $100 N/A City/Company Total $ Name One -Day Only Badge — Check the day attending ❑Thursday ❑ Friday Title Pre -conference workshop — Select only one ❑ Spanish, $45 ❑ AB1234,$45 Address Optional Registration Add-ons ❑ African -American Caucus $1GO/year ❑ Asian -Pacific Islander Caucus $100/year City Zip Code ❑ GLBT Caucus $100/year ❑ Latino Caucus $100/year Telephone Fax ❑ City Attorney Papers $55 ❑ Pre-Conf Workshop, 9/5 $45 ❑ ILG Luncheon, 9/6 $45 E-Mail Total $ Spouse/Guest Name (fee applies) Grand Total $ Payment Information ❑ First Time Attendees only, check here Make checks payable to League of California Cities. For MasterCard and VISA payments, please register online goFor special assistance related to facility access, at www.cacities.or¢/ac. Sorry, we do not accept American hearing or visually impaired call our Conference Express or Discover cards. Registrar at 9 16-658-829 1. cep 4 4zo Q ��cFM OF COUNCIL/RDA MEETING DATE: August 7 2007 ITEM TITLE: Authorization for Overnight Travel for City Manager and Assistant City Manager/Management Services to Attend the International City. -County Management Association (ICMA) Annual Conference in Pittsburgh, Pennsylvania, to be Held October 7-10, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for City Manager and Assistant City Manager/Management Services to attend the ICMA Annual Conference in Pittsburgh, Pennsylvania to be held October 7-10, 2007. FISCAL IMPLICATIONS: Account No. 101-1002-413.51-01 Travel and Training contains $3,000 for the City Manager to attend this conference. Account No. 101-1004-413.51-01 Travel and Training contains $3,000 for the Assistant City Manager/Management Services to attend this conference. Expenditures for this conference are estimated as follows: Registration $ 575 Airfare $ 500 Ground Transportation $ 100 Hotel (4 nights x $1 15) $ 460 Meals - (Maximum 5 days x $75) $ 375 Total $2010 CHARTER CITY IMPLICATIONS: None. TOTAL (for two) $4,020 4� 107 BACKGROUND AND OVERVIEW: The ICMA will be holding their 93rd annual conference entitled 'Building Better Bridges to Better Communities" in Pittsburgh, Pennsylvania. The conference enables local government managers and their staffs to network, discuss key management issues, review major local government developments, adopt policy statements, and conduct Association business. Conference keynote addresses, educational sessions, workshops, and field demonstrations provide attendees with an opportunity for acquiring new tools and techniques to address the problems facing communities and local government administrators. City Manager and Assistant City Manager/Management Services will travel October 6, 2007 to arrive at the conference site by October 7, 2007. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for City Manager and Assistant City Manager to attend the ICMA 93rd Annual Conference in Pittsburgh, Pennsylvania to be held October 7-10, 2007; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, V) Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement — ICMA 93rd Annual Conference Fa a , J o,s Take advantage of the lowest registration rate for ICMA members —register online at icma.org/conference2007 before July 27. Members: To register as a member, your ICMA member- ship status must be current. If you would like to verify your status, call ICMKs Customer Contact Center at 202-962-3680. Note: ICMA membership is for individuals only. If you are not currently a member, use the nonmember category fees. Nonmembers: Take this opportunity to join ICMA and receive a discount on conference registration, as well as many other membership benefits. To download a member- ship application, go to icma.ogg/apply. All membership applications and conference registrations must be received by ICMA prior to July 27 to qualify for the lowest member registration fee. Complete membership applica- tion and conference registration form, and mail both with the appropriate dues and registration fee to: ICMA P.O. Box 79403 Baltimore, Maryland 21279-0403 In order to have your name included in the preregistration listing and for speedier on -site processing, this form with payment must be received at the Baltimore, Maryland, address listed below by September 7. If payment is not received at the Baltimore address prior to September 21, on -site payment may be required. No one may pick up registration materials without payment. Credit Card payments may be mailed or faxed. Faxes will only be accepted for forms using a MasterCard, VISA, or American Express credit card number. Purchase order numbers cannot be accepted for fax registrations. The fax number is 202-962-3678. IF YOU FAX YOUR REGISTRATION FORM, DO NOT ALSO MAIL YOUR FORM; OTHERWISE, YOU MAY BE CHARGED TWICE. Registrations will not be accepted over the telephone. Written confirmation of your registration will be mailed within 15 business days of receipt of your registration form. Complete this conference registration form; include your check, credit card number, or purchase order/voucher; and mail to: ICMA P.O. Box 79403 Baltimore, Maryland 21279-0403 Make checks payable to ICMA. DO NOT mail your conference registration to the ICMA headquarters address in Washington, D.C. Do you have questions about conference registration, hotel reservations, or travel arrangements to Pittsburgh? Call ICMA Customer Service at 202-289-ICMA(4262) or e-mail your question to customerservicesC@icma.orq. a.. U 109 T-Vf 4 4 Qab& COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Adoption of a Resolution Approving the Application for a Fiscal Year 2007/2008 Playful City USA RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the submittal of an application to KaBoom! for the Playful City USA program. FISCAL IMPLICATIONS: KaBoom! announced the Playful City USA program available to towns and cities for national recognition, as well as receiving up to $25,000 in support of health and fitness awareness in youth through active play. (Attachment 1). CHARTER CITY IMPLICATIONS: l io = BACKGROUND AND OVERVIEW: The City recently received notification from KaBoom! which is sponsoring the Playful City USA program, a national recognition program designed to offer cities and towns a clear benchmark for creating an agenda on active play that will be supported by local government and citizens alike. Playful City USA honors and shines a national spotlight on communities who are innovative in their approach to health and fitness in youth through active play and demonstrates this by creating a local agenda for play. The first 30 communities who successfully submit their application will be eligible to apply for a grant up to $25,000. Grant requests can be made in any amount up to $25,000 and will be awarded based upon impact, innovation, and feasibility. There is a core set of five commitments that a municipality must meet to become nationally recognized: • Creating a Local Play Board, Taskforce and/or Commission • Designing an Annual Action Plan for Play • Conducting a Play space Audit • Outline of Financial Investment in Play • Proclaiming and Celebrating an annual "Play Day" All five commitments must be met to ensure an agenda on active play exits as a long- term matter of political importance to the community. If awarded the grant, the Community Services department would utilize a portion of these funds in creating the Coachella Valley Youth Festival. The goal of the youth festival would be to set-up a healthy and active lifestyle awareness programs to promote health and fitness for children. The balance of the funds would be used to work in collaborative partnerships with local service providers to create and promote long-term health and fitness programs for youth. The project application deadline is September 15, 2007. Pending City Council approval, a copy of the signed Resolution will be forwarded to Playful City USA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the submittal of an application to the Playful City USA; or 2. Do not adopt a Resolution of the City Council approving the submittal of tan application to the Playful City USA, or 3. Provide staff with alternative direction. Respectfully submitted, Therese Vella-Finorio, Management Assistant Approved for submission by: Ile Bret M. Plumlee, Assistant City Manager Attachment: 1. Playful City USA fact sheet RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION FOR FISCAL YEAR 2007/2008 PLAYFUL CITY GRANT WHEREAS, Playful City USA shall make available funds for fiscal year 2007/2008 for national recognition in support of an agenda on play; and WHEREAS, Playful City USA will fund up to $25,000 for a national recognition program designed to offer cities and towns a clear benchmark for creating an agenda on play that will be supported by local government and citizens alike; and WHEREAS, the City wishes to file an application applying for $25,000 to be used to create the Coachella Valley Youth Festival for healthy and active lifestyle awareness in children. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City hereby approves the application for the Playful City USA in the amount of $25,000 for funding the Coachella Valley Youth Festival and collaborative partnerships with local service providers to create and promote long-term health and fitness programs for youth. 4. The City Council authorizes the City Manager, or his designee, to be the Lead Agency Representative as agent of the City of La Quinta to conduct all negotiations, execute and submit all documents, amendments, payment requests aind other administrative duties which may be necessary during the course of the planning, operation and maintenance of the aforementioned project. 4. The City Council authorizes the City Manager to execute the grant application documents between the City and Playful City USA, upon occurrence of the City Attorney, for the funding allocation. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August, 2007, by the following vote to wit: 112 Resolution No. 2007- 2007/2008 Playful City Grant Application Adopted: August 7, 2007 Page 2 of 2 AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Sea]) APPROVED AS TO FORM: M. KATHERINE ,JENSON, City Attorney City of La Quinta, California e 113 Attachment 1 PLAYFt.1, CITY USA Ai PLICATIO Playful City USA is a national recognition program that honors communities across the country for taking action locally to build an infrastructure that promotes, creates and sustains an abundance of time and space for play for all children. 114 As a PLAYFUL CTTY USA, your community will... ...be nationally recognized for taking action to support the healthy development of children through play ... create a generation of children who are happier, smarter, and healthier as a result of reaping the benefits of play ...become a stronger community united around the importance of play ...receive valuable tools and resources for sustaining an agenda on play ...be offered Growth Award opportunities and other special incentives throughout the year KaBOOM! is in search of communities across the nation that want to lead the way for play. To guide in this effort KaBOOM! has launched Playful City USA. This national recognition program is designed to offer towns and cities clear benchmarks for creating an agenda on play that will be supported by local government and citizens alike. Playful City USA is a mechanism for imbedding an agenda on play into the local government infrastructure. With this unified agenda, a Playful City USA community can successfully bring play back into the fives of all their children. At the heart of a Playful City USA lies a core set of commitments that a municipality must meet to become nationally recognized. Together these commitments establish a foundation for play that ripples through city hall, schools, and neighborhoods. These five commitments can be fulfilled in a variety of ways based on the status of play, the political climate and the already existing infrastructure within a local community. However, to achieve the status of being a KaBOOM! Playful City USA, all five commitments must be met so as to ensure that an agenda on play exists as a long-term matter of political importance in your community. Procedures The Playful City USA application must be signed by an appropriate city official (mayor, or mayoral appointee designated authority to represent the Mayor in signature.) Mail the completed application to the KaBOOMI national headquarters along with all requested supporting material no later than September 15, 2007. KaBOOMI will evaluate your application and you will be advised whether your community qualifies for Playful City USA certification. Playful City USA Commitment 1: Creating a Local Play Board, Taskforce and/or Commission Gathering together to address common concerns is a unique part of the American tradition and the foundation for becoming a Playful City USA. Creating a play commission or task force that is recognized at the highest level of local government is critical for ensuring that an agenda on play is integrated into the daily operations of municipal life. Through the establishment of a play commission or task force, parents, children's advocates, business leaders, elected officials, parks and recreation officials, public safety officers and concerned citizens can come together to create and implement an action plan for creating and preserving children's playspaces.. Commitment 2: Designing an annual Action Plan for play Some of the work in creating a Playful City USA is hands on — participating in a build, recruiting volunteers to care for a playspace over time, drafting a city ordinance on play, organizing neighboihood watches and meeting with parks and recreation officials to address problems before they start. Other work includes, advocating for a city ordinance, new policies and legislation through the engagement of city officials. In creating an action plan you develop a road map for negotiating these activities. In addition, an action plan provides focus, points of accountability and offers a tool for measuring success. Commitment 3: Conducting a Playspace Audit A Playspace Audit is essential for learning more about the number, quality and location of playspaces in the community. This research results in concrete data that will not only highlight the gaps in quality and access but provide an effective tool for identifying specific community needs. It can also be used to measure annual improvements and is an excellent tool for determining needed action or next steps. Commitment 4: Outline of financial investment in play A city or town budget reflects the priorities of that community, and the health and well being of children should be high on this list in every municipality. Budget allocations to Parks and Recreation, as well as Schools, are a primary indicator of the priority given in this area. To ensure sufficient investment, it is important to have a clear picture of what is being spent community -wide for play in addition to setting benchmarks for future spending. Commitment 5: Proclaiming and celebrating an annual "Play Day" Recognizing and celebrating play at the community -wide level provides a means for garnering support from all segments of the community. An annual Play Day provides the opportunity to recognize the accomplishments and achievements made towards ensuring that every child in the community has an abundance of time and space for play. 115 c&tvl 4 XP Q9&rcv COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Ratify Contract for the Removal of the Berm at the Fred Wolff Bear Creek Nature Preserve along Avenida Montezuma RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Ratify the contract for the removal of the berm at the Fred Wolff Bear Creek Nature Preserve along Avenida Montezuma with Emery Landclearing in the amount of $26,600. FISCAL IMPLICATIONS: The Fiscal Year 2007/2008 budget includes $60,000 for special items (Account No. 101-1002-413.31-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 15, 2007, City Council acknowledged a letter from the Stewards of the Fred Wolff Bear Creek Nature Preserve dated May 5, 2007 (Attachment 1), and listened to public comments from residents of the Cove. Due to safety concerns, City Council directed staff to have the berm removed immediately. The City's municipal code makes provisions for the City Manager to proceed with contracts for emergency work by the most expeditious manner when time is of the essence, provided the contract is ratified by the City Council. This work was considered an emergency in order to address safety issues. The work is now complete. Staff has reviewed the contractor's costs and recommends acceptance of this. a 116 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Ratify the contract for the removal of the berm at the Fred Wolff Bear Creek Nature Preserve along Avenida Montezuma with Emery Landclearing in the amount of $26,600; or 2. Do not ratify the contract for the removal of the berm at the Fred Wolff Bear Creek Nature Preserve along Avenida Montezuma with Emery Landclearing in the amount of $26,600; or 3. Provide staff with alternative direction. Respectfully submitted, — V�& Edie Hylton Community Services Director Approved for submission by: k 'r 1'4'e. � r' Thomas P. Genovese, City Manager Attachment: 1. Letter from Stewards of the Fred Wolff Bear Creek Nature Preserve ' 117 Stewards of the Fred Wolff Bear CCreekACHMENT 1 Nature Preserve c/o Kay Wolff P.O. Box 1016 La Quinta, CA 92247 May 5, 2007 Honorable Don Adolph, Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Don, Thank you for taking time to observe the berm along Montezuma yesterday. As you know, the Stewards of the Fred Wolff Bear Creek Nature Preserve have been working closely with Community Services staff on the Master Plan for the Preserve, which Council - recently approved. Thank you for your support. Implicit in the Plan is the need to provide increased safety for pedestrians who use this unique area. Indeed, Community Services Officer Tom Fowler submitted a comprehensive report to us, suggesting, among other changes, the reduction of the berm along Montezuma so that police officers can have cheater surveillance of the Preserve. The attack that occurred on April 29 hps dramatically heightened the urgency of implementing Officer Fowlers suggestions. The community is concerned for the safety of people using the Preserve and Trail, and supports any actions that will protect pedestrians. For these reasons, we urge the Council to move the modifications to the berm to a high priority level as one means to increase safety of visitors and citizens on the Trail and Preserve. We continue to be available to provide support to the City in whatever way we can. Thank you for your consideration of this safety issue Sincerely, KayW�lff for: it ; Stewa s of the FVUBC Nature Preserve: Katie Barrows, Ron De Luna, Andrea Dooley, Spencer Knightsryllis Munsey, Jeff Smith, Val Smith, Linda Williams, Fred Wilson, Kay Wolff Attachment: Tom Fowler Report: September 2006 Cc: Walt Meyer TPn Fowler d e Hylton Stewards COUNCIL/RDA MEETING DATE: August 7, 2007 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution Granting BUSINESS SESSION: Conditional Approval of a Final Map and Subdivision CONSENT CALENDAR: Improvement Agreement for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC, DBA Monterra STUDY SESSION: Investments, LLC PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC, DBA Monterra Investments, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 22742 is located north of Airport Blvd and west of Monroe Street (Attachment 1). This residential development will consist of 41 lots on approximately 14.21 acres (Attachment 2). On October 5, 2004, the Council approved Tentative Tract 32742. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for :signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. a 119 As a result, City,/ staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (September 6, 2007), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC, DBA Monterra Investments, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC, DBA Monterra Investments, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, I imothy R Jo as , P.E. Public Wor ire or/ City Engineer Approved for submission by: 4r'/, 4 r Thomas P. Genovese, City Manager 129 Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreements (On -Site and Off -Site) 121 RESOLUTION NO. 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC, DBA MONTERRA INVESTMENTS, LLC AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 122 Resolution No. 2007- Tract Map No. 32742, Four Seasons Adopted: August 7, 2007 Page 2 Section 1. The final map for Tract Map 32742 is conditionally approved provided the subdivider submits all required items on or before September 6, 2007. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finailize the final Tract Map and obtain all necessary signatures. C. Pay Required Quimby Fees Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on September 6, 2007. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval «. 123 Resolution No. 2007- Tract Map No. 32742, Four Seasons Adopted: August 7, 2007 Page 3 PASSED, ,APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 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 s 124 ATTACHMENT 1 Co m n v MADISON STREET W OF WTA COUNTY- 125 0 1 7 "g „ ga S uws JM11. iql. ,/ ^o a � JIM e e o El � o a o 0 0 W %➢Z 3,K '� N f,�Jxt�11�p ��yyyyxyI ([ZM➢Z 3.K.➢LlO SI �.•^ 9xAIN➢➢ ,L¢'gpL _3.NP U i.6W➢Z 3.K.➢LP s) i .W3.K.ML➢ s 9. .0.'pNi 3. 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FL91r •ALfONM A � 1 L � o a 8 L�lil6 �ry�N0.V0V1Y A101 � Q `_ & )r, RI fi � k � � I .Ir 091, m I I X'�RIALOX vAi = yfi4 U .WW1 Y.WWWN i l "yxsy�x x. �aM.[I.[oals 3RhiL /f+Uuraalx I I 8 x Lr 0 �1 8 J bu ' is _ ""LJials uwiNe C8 ALWiA0.melx c fa)iL1.l2Z2r � �xro505'BBw CBY Z(GII'A'U%� I I O RWWWN _ �`r a_- 8p g- g< 9 Ii W IDI n Y T O JI � _ ,mroK X iLNZO N I I Ci RYZ .RY2 II 1 H ATTACHMENT 3 CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.32742 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Monterra Holdings, L-C, a Nevada Limited Liability Company, D.B.A. Monterra Investments, LLC, a California Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as .City.. RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32742 (the 'Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement (Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constricted or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement 3ecurity. A. One Gass, of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second Gass of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third Gass of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured.] 1 Ity ,n1 T.0 bpment Sen s OivisiontOevebgnent PropdAAgreemedsl A�IAs b ftop lF""s STM 32742ONSITElA Sdoc (V i 7 w B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the: Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the Califomia Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in E)Nbft A, and shall be fumished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different forth and/or source (surety or financial institution) of security initially (✓ submitted) and for substitution of securities but shall not be required for submittal of warranty T.D by NS"No dvisbnlDevebpm tPm*ctsWm"m ISIAIM In Pmgres!`v Seasw TM=470NSME-SIACc 1 a �T 3 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other fors of security listed in Section 3 B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdividers share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdividers Surety for payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdividers share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty �1 T:0eYeWmn1Semms Div9ciontDewlopment Plale11 gree ISIAISWMPMQg 'FWSeasae TMW4ZKIIJSITE_SIAAoc 3d7 132 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion off Imorovements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the Lai Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentations /� / not previously, submitted. `�`(/y% TADewbpmeM Serows avis=XDaWopment Prge %gmeme XSJA%SIM M PmyWFt Seavans TM 32742ONSITE Sli it 133 4M7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be dearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty, Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to (:ure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or, compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdividees performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions'.not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. IPMmlWmmSemces Dvisbn0ewlop tPmje %AyeemmislSIA1SWmPmgre %F=Seawns TM32742WNSnE Slkd c 5M7 o...1 134 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of Le Quinta 78 495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Principal Address 55-255 Medallist Drive �/ La Quinta, CA 92253 �o N zexea By; J__�F 611aa LCc Jam✓ Oy.2007 ,,��_� - Date Title: 11Al/�P�r By: � i O•✓1 _/ pan/ 0 � �.LO o 7 Date Title: e,12,.v c Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date T SDove PMM Semms DrvisaMD Iopment PmJec Mgmma XS1XS1M m PmVmWor Seasons TM SN42ONSITE_SI&Wc 6a<7 +_L 135 Exhibit A ON -SITE SECURITY — TRACT MAP NO.32742 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specked in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of Performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials :security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Rough Grading & Walls Street and Sidewallk Domestic Water Storm Drain Dry Utilities Sewer Rat Basin & Perimeter Landscape Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 289,160 $ $ 319,977 $ $ 159,492 $ $ 61,695 $ $ 60,000 $ $ 135,345 $ $ 211,434 $ $ 6,000 $ $ 1,243,102 $ 124,310 $ 1,367,412 $ 136,741 $ 136,741 $ 1,640,895 136 T:IDeuelopmenl Services Division`De"lopmenl ProjedAA9MmanMSIMSIAs in Pmgr=Twr Seasons TM 327471ONSRE_SIA.doc 7 al7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �^ Countyof ��XSi(Ar-� ss. personally appeared um *ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persor4sF - whose names} isfi" subscribed to the within instrument and acknowledged to me that he/sHE111roy executed the same in his/Iaa4l*4 authorized capaclty(ies), and that by hisAwr their signature{s}on the instrument the person(s),.or the entity upon behalf of which the person * acted, executed the instrument. ITNESS my n a official seal N}'Iat. of W" Pule OPTIONAL the information below is not required by law, It may prove valuable to persons relying on the document and could prevent Imudulent removal and reattachment of this tone to another document. Attached Document Title or Type o1 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General Attorney -in -'Fad Trustee Guardian or Conservator Other: Signer Is Number of Pages: O 1999 Nabmal NJten Aeaocros • IWO Ce Soto Ave PO Box 2Q2 • CM1a M, CA 913132CO2 • w mbDnabmta .ory Pro W. 5907 Re er. Cell Tollfree 1E00AmaE92r 137 CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.32742 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of . 20 by and between Monterra Holdings, LLC, a Nevada Limited Liability Company, D.B.A. Monterra Investments, LLC, a California Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as ..City... RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32742 (the 'Tract") pursuant to the provisions of Section 66410, at sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements'), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third Gass of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. (/5,,%�/ T:Vleveko eM Services DivaMXD"WpmeM Preje %Ay MMs{SIMS$ mProgmwTaur Seu n5 TM 3274ZOFFSITE_SIACoc Io17 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent: to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final imap or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City (Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty��V)� T'10eWopment Serves DlvmMOevebpmeM Pmjecl5VVMMMtSXSlA\SIAsm Pm9mw%Fowr Seasons TM 3V4MFFSRE SIA eoc ( �/ 2d7 139 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surely or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five (Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including (non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty T'loevelopmem Ser s Dm&on�wlopmem Pwjedsl4pmemenMS1A\Sl hh Propmu%Four Seasons TMU74wffSITE SlA doo 3d7 • 14 �1 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Imonovements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request din writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded 10 Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. T1 wlopmenl Serums UM'JonWe IWmeM PwJ cUWVftmeMsl WSIAs m PmWeasTF Seasons TM M74Z'OWSITE_SIA Eoc 407 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict ithe actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be dearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of ;ecurity City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default andtor the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable altomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. T 1Oacebp.M Smite. Ohneien�.Jp"nl PmO greemeMSISIAOM a, PmpenT.o Seasons TM 32742%OFFSITE_$[A Mc 5d7 142 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Principal Address 55-255 Medallist Drive La Quinta, CA 92253 ' ' [ O ✓Z ✓/ GO/ r t C j7� � O � By: tSJ - � r9. ✓ d , A 0 0 7 _ Title: �,A/� , %%�O w �/ Date 1� By: o �itElrlar.l} dAA/. CI Si �fJp7 �- Date Title:) �� g 6 j eu—(" C. Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date T.10evelopmaM SemceO DrAwon�DevelopmeniFmlectsKpreemeMs�51A�SIAsn ProgreeslFourSawnsTM 3ZI42K1FFSITE SIA Eac 6017 M..1 10 Exhibit A OFF -SITE SECURITY —TRACT MAP NO.32742 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street $ 131,050 $ 131,050 8' Meandering Sidewalk $ 19,200 $ 19,200 Median Landscaping $ 16,056 $ 16,056 Storm Drain $ 1,461 $ 1,461 Domestic Water $ 40,925 $ 40,925 Sanitary Sewer $ 4,755 $ 4,755 Totals $ 213,447 $ 213,447 Standard 10% Contingency $ 21,345 $ 21,345 Total Construction Cost $ 234,791 $ 234,791 Professional Fees & Plans, Design 10% $ 23,479 $ 23,479 Professional Fees, Const 10% $ 23,479 $ 23,479 Bond Amount 281,749 281,749 0.V 144 TADevelopment Services Di"sionOevelopment Pr*Cts%W9reemen1s%S1MSIAs in ProgresslFwr Seasons TM 327421OFFSITE_SIA.doc 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California y/j'��,p�� ss. County of I�JIryIAJ'� On C(K((( before me, n u, �dWi1YY 1r (q{0 Dale �� NameaM Ttlle of afxere 'Jane Doe, 1]!mery�Is'1` personally appeared Y/, V11ox `�TJjr IA-f* i Oersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personT* whose names isMe. subscribed to the within instrument and acknowledged to me that he/she/'" executed the same in hisAmlltbeir authorized capacity(iee)r and that by hisAw/their signature( on the instrument the person(s), or the entity upon behalf of which the person(*. acted, executed the instrument. NESS my I a I official seal. sli,neffle, of Notary Pu OPTIONAL Though the Information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn to another document. of Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer Is Number of Pages: e rota rvauonei nourynasaaaam •!YJ50 Oe Solo Ave, PO Box 2a ' Ch t5 h, CA 91313.24U • xww!a9a ImMory P No 5901 aeo T Cell Td Free 1- 0-87 a ) a 145 Ii� r f ('I � r COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 32279, Mirage, Standard Pacific Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 18, 2009, for Tract Map No. 32279, Mirage, Standard Pacific Homes. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Mirage (Tract Map No. 32279) is located south of Airport Boulevard, north of Avenue 58, east of Jefferson Street, and west of Madison Street (Attachment 1)• On February 8, 2006, the City Council approved the Subdivision Improvement Agreement for the on -site improvements (SIA) for the Mirage. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " In a letter dated June 12, 2007 (Attachment 2), the developer stated that most of the on -site improvements have been completed. The remaining on -site improvement includes the final lift of paving, which will be completed when home sales are complete. The developer proposed a schedule for completion and requested a time extension for the on -site improvements to June 18, 2009. 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 June 18, 2009 for Tract Map No. 32279, Mirage; 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 June 18, 2009 for Tract Map No. 32279, Mirage; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. J na:3 o , P.E. ublic Wor in: or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter dated June 12, 2007 147 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 JUNE 18, 2009 FOR TRACT MAP NO. 32279, MIRAGE, STANDARD PACIFIC HOMES WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32279, Mirage, on February 8, 2006; 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 February 8, 2007, 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 June 18, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 18, 2009. 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. ■ 148 Resolution No. 2007- Tract Map No. 32279, Mirage Adopted: August 7, 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 7th day of August 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California r_'11ir:6W 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 9 149 ATTACHMENT 1 TM 32279 MIRAGE PROJEC T SITE 541H AVENUE W W AIRPORT BL W. 0 o 587H AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: August 7, 2007 �YR. \ z ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On - Site Improvements for Tract Map No. 32279, Mirage APPLICANT: Ms. Rosie Lara, Standard Pacific Homes a , 150 ME STANDARD PACIFIC HOMES June 12, 2007 ATTACHMENT 2 Timothy R. Jonasson, PE RECEIVE® Public Works Director/City Engineer P.O Box 1504 La Quinta, CA 92247-1504 DgV@I�Z� Re: Request for Time Extension on Improvements Tract Map No 322 79 - Mirage of La Quinta / AKA Palo Verde Subdivision Improvement Agreement (SIA), On -site and Off -site improvements Dear Mr. Jonasson: This letter is sent to you as a status report on improvements as well as an application in writing to the City Counsel for an extension of time on completion of improvements. Status Report referencing Exhibit `A' in Subdivision Improvement Agreement: Storm Drainage: 100% complete Street Improvements: 95% complete - Pending final cap pave Final completion 6/18/09 Meandering 8ft Sidewalk: 100% complete Domestic Water: 100% complete Sanitary Sewer: 100% compete Landscaping (Parkway): 95% complete - Nominal planting in median Final completion 7/11/07 Monumentation: 95% complete - CNC Lettering on entry monument Final completion 7/11/07 If you have any questions, please feel free to contact Rosie Lara at (760) 24S-8-5-A. 218-FfaS9 Respectfully submitted, Robert oper G VP Operations sumha n C.difornin — C,a ll,11, Valley Division r �� I'MB OW3, 1717 L Vkta Chin, Rd, Srr A7, Palm Spring., CA 92262 � TF1, 760,699.6200 FAX 760.699.6207 aamu.elundnrdpncifichume�.com f Cw COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29702, La Quinta Resort and Club RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 29702, La Quinta Resort and Club and authorize staff to release performance securities. Direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IIMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29702, La Quinta Resort and Club, is located east of Avenida Obregon and south of Avenida Fernando (Attachment 1). The improvements include curb and gutter, sidewalk, storm drain, landscaping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. 152 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the: on -site improvements associated with Tract Map No. 29702, La Quinta Resort and Club and authorize staff to release performance securities. Direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 29702, La Quinta Resort and Club and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, T mothy on :ion, P.E. ublic Works Director/City Engineer Approved for submission by: A�A lye 401- Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map •_ 153 ATTACHMENT 1 TM 29702 LA QUINTA RESORT & CLUB AVENIDA FERNANDO o ■ LA QUINTA o W HOTEL GOLF & g TENNIS RESORT OUS o ZPROOECT W WsrmW J Q AVENUE 50 VICINITY MAP NOT TO SCALE CIITY COUNCIL MEETING: August 7, 2007 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29702, La Quinta Resort and Club APPLICANT: Mr. Jim Garvis, La Quinta Resort and Club 154 Colas cPM OF TkTt 9 COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Approval of a Report of Planning Commission Action for Site Development Permit 2007- 887 Approving Development Plans for an 85,655 Square Foot Three -Story Medical Building (Phase 1) Located at the Southeast Corner of Washington Street and Seeley Drive, Within the Centre Pointe Project. Applicant: Eisenhower Medical Center AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /01- STUDY SESSION: ZII 14Cei It IT 41► " Accept the Report of Action by the Planning Commission for Site Development Permit 2007-887. BACKGROUND AND OVERVIEW General The 14.5 acre project site is within the area covered by Specific Plan 01-055, Amendment No. 2 which is generally known as Centre Pointe (Attachment 1). The Specific Plan area is bounded by the existing single-family residences on the east, Miles Avenue on the north, Washington Street on the west and the Whitewater Storm Channel on the south. In addition to the proposed medical building complex, the balance of the Specific Plan property will be developed with a hotel to the north, two restaurants to the northwest, casita villa units to the northeast, and residential uses to the east. The Homewood Suite Hotel and a portion of the adjacent casita villas are nearing completion across Seeley Drive. The project site for this request is located at the southeast corner of Washington Street and Seeley Drive immediately north of, and adjacent to the Whitewater Storm Channel. This application is for a one three-story building totaling 85,655 square feet. This building represents Phase 1 of what has been identified to be a two phase medical office complex allowed via the Specific Plan for up to 195,000 square feet of floor space on the 14.5 acre site (Attachment 2). A one-half acre well site owned by 155 CVWD is adjacent to the Whitewater Storm Channel just southeast of the proposed Phase 1 building. The medical building will include a large entrance lobby, medical labs, and urgent care center (to replace the existing facility on Highway 1 1 1), a radiation/oncology center, imaging rooms, a health and wellness center and a number of medical offices. The proposed building is a desert contemporary design, utilizing a flat roof. Two shades of earth tone plaster, tan terra cotta tile, painted metal, and aluminum metal wall panels with a flat light grey finish are proposed for portions of the building exterior and are used on all sides of the building as either panels or window overhangs for shading. Over the front door entry and circular vehicle drop off area, a partially open, white freeform Sunbrella fabric awning structure is proposed. While most of the building is three -stories, there is some stair stepping of upper floors to reduce the full impact of the building height. The maximum building height is shown at 45-feet as permitted by the Centre Pointe Specific Plan, although most of the roof is at 42-feet high. The proposed building is approximately 725 feet from the existing single-family residences to the east and northeast. The applicant is providing a 343-space (with 30% covered by carports) parking lot as required by Zoning Code, The Planning Commission report fully describing the project, with the final Resolution and Conditions of Approval are attached for your information (Attachment 3). Planning Commission Action The Planning Commission reviewed this request at their meeting of July 24, 2007 (Attachment 4). 'The Commission noted the project was attractive and well designed. The Commission required several new conditions they believed would improve the project. These conditions include landscaping (Condition #53), parking lot lighting (Condition #65), truck delivery access (Condition #66), carport use (Condition #67), and outdoor seating (Condition #68). Discussion with the applicant centered on Conditions of Approval that they questioned. As noted in the attached minutes, many of their concerns pertained to conditions that involved or were the responsibility of the master developer. Generally, the conditions the applicant discussed were approved as recommended with minor revisions to the last paragraph of Condition #19.E. There was no other public comment, nor were any letters received from adjacent residential homeowners. A letter was received from the City of Indian Wells noting a concern about traffic on the Washington Street corridor. Staff contacted Indian Wells staff and have agreed to meet and discuss local and regional traffic issues related to future development along Washington Street. 156 Following the public hearing and deliberations, the Commission ultimately approved the Site Development Permit on a 4-0 vote with Commissioner Quill absent. FINDINGS AND ALTERNATIVES The Findings for approval were made by the Planning Commission as noted in the attached adopted Resolution. The alternatives available to the Council include: 1. Accept the Report of Action by the Planning Commission for Site Development Permit 2007-887; or 2. Direct staff to set a public hearing to review Site Development Permit 2007- 887; or 3. Provide staff with alternative direction. ubmitted, nson, Planning Director Approved for submission by: JK'KIZ&1a/- T omas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Plan exhibits 3. Planning Commission staff report and Resolution for July 24, 2007 4. Planning Commission Minutes for July 24, 2007 157 SDP 2007-887 ATTACHMENT 1 0 158 ATTACHMENT 3 PLANNING COMMISSION STAFF REPORT DATE: JULY 24, 2007 CASE NO: SITE DEVELOPMENT PERMIT 2007-887 APPLICANT: EISENHOWER MEDICAL CENTER (ALI TOURKAMAN) ARCHITECT: BOULDER ASSOCIATES, INC. LANDSCAPE ARCHITECT: RGA, INC. REQUEST: CONSIDERATION OF DEVELOPMENT PLANS FOR AN 85,655 SQUARE FOOT THREE-STORY MEDICAL BUILDING (PHASE 1) LOCATION: SOUTHEAST CORNER OF WASHINGTON STREET AND SEELEY DRIVE, WITHIN THE CENTRE POINTE PROJECT ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS SITE DEVELOPMENT PERMIT HAS BEEN ASSESSED IN CONJUNCTION WITH ADDENDUMS TO THE ORIGINALLY CERTIFIED ENVIRONMENTAL ASSESSMENT 2001-436, PREPARED FOR SPECIFIC PLAN 2001-055, AMENDMENT NO. 1, CERTIFIED ON JUNE 3, 2003 AND AMENDMENT NO. 2, CERTIFIED ON NOVEMBER 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 SINCE THIS PROJECT IMPLEMENTS APPROVED SPECIFIC PLAN 2001-055, AMENDMENT NO. 1 AND NO. 2. GENERAL PLAN/ SPECIFIC PLAN/ ZONING: OFFICE COMMERCIAL / OFFICE COMMERCIAL SURROUNDING ZONING AND LAND USE: NORTH: TC/HOTEL, CASITAS AND RESTAURANT SITE SOUTH: FP/WHITEWATER STORM CHANNEL EAST: RL/RESIDENCES WEST: VACANT COMMERCIAL LAND IN THE CITY OF INDIAN WELLS m 159 BACKGROUND: The project is within Specific Plan 01-055, Amendment No. 2 a project area generally known as Centre Pointe (Attachment 1). The Specific Plan area extends east to the existing single-family residences, north to Miles Avenue, west to Washington Street and south to the Whitewater Strom Channel. In addition to the medical building, the balance of the Specific Plan property will be developed with a hotel, two restaurants to the northwest, casita villa units to the northeast and residential uses to the east. The Homewood Suite Hotel and a portion of the adjacent casita villas are nearing completion to the north across Seeley Drive. The 14.5 acre project site for this request is located at the southeast corner of Washington Street and Seeley Drive immediately north of and adjacent to the Whitewater Storm Channel. The project site has been rough graded to its approximate finish grade and sits approximately 18-feet higher than Washington Street at the north end of the adjacent bridge. For comparison, the hotel pad elevation is approximately nine feet higher and the closest Desert Villas east of the hotel are approximately three feet five inches higher than the project site pad elevation. PROJECT PROPOSAL: General: This building is Phase 1 of what has been identified to be a two phase medical office complex project that is approved via the Specific Plan for up to 195,000 square feet of floor space on the irregularly shaped 14.5 acre site. A one-half acre well site required by CVWD is proposed adjacent to the Whitewater Storm Channel just southeast of the proposed Phase 1 building. The building will include an entrance lobby, medical labs, and urgent care center, a radiation/oncology center, imagining rooms, a health and wellness center and a number of medical offices. Site Design: - The first phase of this project proposes to develop the west part of the property near Washington Street. The three-story 85,655 square foot building is located southeast of the intersection of Washington Street and Seeley Drive, which is a new road between Washington Street and Miles Avenue. The building is proposed approximately 230-feet from Washington Street, 725-feet from the existing residences to the east and 425-feet from the under construction Desert Villas to the north. The buildings main entrance is oriented to the northeast with parking areas located to the north, west, and south sides of the building. Two vehicular access points are provided to Seeley Drive, the westerly of which leads to the main building entry and aligns with a driveway to the villas and hotel to the north. There will be no direct access to Washington Street. �� m. „ A delivery and outdoor mechanical and trash enclosure area will be located on the east side of the building. Trash bins and mechanical equipment will be enclosed by a decorative screen wall, which will also act as a screen for the delivery area to the south. An urgent care facility will have access from the exterior of the building as well as through the building lobby. Architecture: The proposed building is of a desert contemporary design, utilizing a flat roof. Two shades of earth tone plaster, tan terra cotta tile, painted metal, and aluminum metal wall panels with a flat light grey finish are proposed for portions of the building exterior and are used on all sides of the building as either panels or window overhangs for shading. Over the front door entry and circular vehicle drop off area a partially open, white freeform fabric awning structure is proposed. A small water feature is proposed at the base of the supports for this structure. A 100-foot tall flagpole is proposed adjacent to the building entry. While most of the building is three -stories, there is some stair stepping of upper floors to reduce the full impact of the building height. The maximum building height is shown at 45-feet as permitted by the Centre Pointe Specific Plan, although most of the roof is at 42-feet in height. Nearly all windows and doors will be shaded by either overhangs, stationary tent composite fabric window shades at the top or side of the window, or aluminum metal panel window covers along the top of the windows. Contemporary designed carport structures will be provided over a number of the parking spaces. The carports will be painted metal and use solid standing seam roofing. Most of the carports will be located in the main public parking area to the north and east of the building. Business identification signage has been proposed on the north, south and west building elevations at the third floor level. A monument sign is shown at the main westerly entry on Seeley Drive. The development is also allowed to have identification on the Centre Pointe monument sign at the southeast corner of Washington Street and Seeley Drive. All building signs will be approved as a part of a separate sign program submittal. Parking: The applicant is proposing to construct a 343-space, asphalt parking lot. The parking lot incorporates parking canopies over 114 parking spaces, which meets the La Quinta Municipal Code ("LQMC") requirement for 30% covered parking requirement for medical office uses. In addition, the applicant has proposed to landscape the parking lot using large shade trees. The proposed landscaping and parking canopies meet parking design requirements identified in the LQMC. 161 p- v At a ratio of one space per 250 square feet, the 85,655 square foot building requires 343 parking spaces for the Phase 1 construction. The plans indicate a total of 343 will be provided, including the handicap accessible spaces. Parking Lot Lightin�c :: The plans include the proposed parking lot lighting. The square poles are dark bronze and shown at 25-feet tall with a two foot high concrete base for a total height of 27-feet to the fixture. The fixture is box -type down shining with a recessed bulb. Landscaping: As part of Phase 1, an extensive landscape setback, a minimum of 80-feet in depth will be provided adjacent to Seeley Drive. Future construction phase(s) may require some of this landscaping area to be converted to parking. Near the main entrance a large planter area will be provided, including a circular seat wall with a small amount of turf. Adjacent to the northeast corner of the building, a small outside seating area with a small reflection pond, playground area and putting green with artificial turf will be provided. The putting green and play area will be adjacent to the enclosed mechanical/trash area. Landscape areas will be planted with low water use and desert plants. Shrubs and tree areas will receive gravel topping with some cobble size stone and boulders used for accents.. Twenty-four foot high Mexican Fan Palms will be used to frame the westerly driveway entry from Seeley Drive and adjacent to the south side of the building. Parking lot areas are shown with linear planters and planter with shrubs and trees for shading and to reduce the harshness of the parking lot. Photo Simulations: The SDP booklet includes photo simulations showing the proposed building on panoramic photographs taken from four sides surrounding the project site, including two from Washington Street (Attachment 2). Signs: The sign program will be reviewed separately. The plans show three building wall identification signs at the third story level. These signs are shown on the north, west and south elevation. The signs are fairly modest and read "Eisenhower", with their five star logo above. Two monument signs are shown, with one at the intersection of Washington Street and Seeley Drive and the second at the first driveway entry to the east. 162 ANALYSIS: The desert contemporary design of the building is compatible with other similar structures constructed in the City during recent years. The desert contemporary design, while different from the adjacent hotel and casitas' is compatible with the structures in the project area. The proposed color and material scheme will provide horizontal as well as vertical breakup of the buildings mass and bulk. The various window shading features will help energy efficiency while providing building articulation. The parking lot lighting is proposed at 27-feet in height. The Homewood Suites to the north was limited to fixtures at 20-feet above grade. The lights for this project should conform with the 20-foot height, with the lights along the west end of the project shielded to eliminate glare to traffic on Washington Street. The flag pole, proposed at 100-feet high is excessive. The ALRC requirements limit the flag pole to 45-feet or the maximum allowable building height. The landscape design uses water -efficient plants and is designed to create an attractive design. Parking spaces are provided with trees to shade parking and create a lush appearance. The parking lot design conforms to the City's Municipal Code for Parking lot design and meets City standards regarding carport requirements. To screen the parking lot from the street along Seeley Drive, berming and extensive planting of the Large setback is provided. Along Washington Street, a hedge of screening shrubs needs to be provided at the top of the slope adjacent to the parking spaces to screen the cars that park along the west end of the parking lot. From Washington Street, the parking lot surface will not be visible except possibly from the corner of Washington Street and Miles Avenue due to the grading of the site. The large landscaped setback adjacent to Seeley Drive provides an attractive entry statement for the project. It is possible that for future phases some of this area will need to be converted to a parking lot. However, an adequate landscaped setback will be provided. The effect on the adjacent homeowners to the east due to the impact of the height of the building at 42-feet to 45-feet is minimal due to its location of over 700-feet away from the residential properties. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE RECOMMENDATION: The ALRC reviewed the proposed medical building project during their June 6, 2007 meeting (Attachment 3), and recommended approval of the architectural and landscaping plans, subject to the following conditions: 163 1. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be prepared by a licensed landscape professional and shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. NOTE: Plans are not approved for construction until signed by the Planning Director. 2. Signs shall be approved as part of a sign program under a separate submittal. 3. The flagpole height shall not exceed 45-feet. 4. Along Washington Street frontage and the Whitewater Storm Channel to the well site, evenly spaced Date Palm trees with canopy trees planted between them shall be provided. BLIC COMMENTS: This project was advertised in the Desert Sun newspaper on July 14, 2007, mailed to all property owners within 500-feet of the site, and posted on City Public Hearing information boards. At the time of the filing of this report, staff had not received any letters or phone calls from the public regarding the proposal. On April 25, 2007, the applicants held a community meeting with homeowners to the east to discuss their proposed project because the future phase area is adjacent to their property. FINDINGS: The Findings needed to approve this Site Development Permit request can be made, as noted in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2007- , approving Site Development Permit 2007-887, subject to the Findings identified in the Resolution and the attached Conditions of Approval. Attachments: �1% 'Location Map '& Nsenhower Ambulatory Care Center SDP (booklet) 3. ALRC Minutes for the meeting of July 6, 2007 Prepared by ;UA1EA Stan Sawa, Principal Planner 165 Architecture and Landscaping Review Committee June 6, 2007 Committee Member Bobbitt asked i the 40-foot height restriction was within the City's req ' ements. Staff stated it was. Committee Member Bobbit asked if there was any landscaping on the patios for the condominium units and how would that drainage be handled Mr. Worgull stated there was access for the maintenance p pie to maintain any landscaping. Committee Member Bobbitt sked if there would be any parking bumpers. Mr. Worgull st ed yes, there would be. 8. Committee Member mith stated he agrees with staff's recommendation on sing a different variety instead of Bottle trees. 9. Committee Me er Bobbitt stated he would not suggested the California Pep er as it will not hold up, the Bottle trees are a very messy ree, and the Bottlebrush, unless it is maintained properly, ill not make it. Mr. Radosavljevic, landscape architec stated the schinus would have a lacey appearance and w Id be used along the entry drive. 10. The being no further questions, it was moved and seconded by ommittee Members Bobbitt/Smith to adopt Minute Motion 7o06-886, 07-012 recommending approval of Site Development Permit as recommended by staff and amended as follows: / a. The applicant was urged to use an alternative to the /wood where it is exposed to the sun. b. The applicant shall replace the Bottle trees, schinus, and ---ICWffrOffF'a Pepper with a different variety. .---Unurtimously approved B. Site Development Permit 2006-887• a request of Eisenhower Medical Centerfor consideration of development plans for an 85,655 square foot three story medical building located south of the intersection of Washington Street and Seeley Drive. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced James Lenhart, Boulder Associates, architect, and Ali Tourkaman, Eisenhower Medical Center, and Ron Gregory, landscape architect, who gave a presentation on the project. 166 3 Architecture and Landscaping Review Committee June 6, 2007 2. Committee Member Bobbitt asked if the large landscape area would be for future expansion. Mr. Lenhart stated it would only be used for future parking needs. Mr. Gregory stated he was concerned that adding a walking path through the landscape area would not be used. Committee Member Bobbitt stated he agreed. Mr. Gregory stated he would not want people to interpret this as a permanent sidewalk as it will be removed at some point in the future for parking. Mr. Lenhart stated they would prefer to create an open space area between the buildings rather than in the landscape area. Discussion followed regarding the landscape treatment along the parkway. 3. Committee Member Smith stated his concern about the flying canopy at the entry. If the material is not designed for the heat, it will not last. It was noted it is weather resistant and the same material that is used at the Palm Springs Airport 4. There being no further questions, it was moved and seconded by Committee Members Smith/Bobbitt to adopt Minute Motion 2007-013 recommending approval of Site Development Permit 2006-887, as recommended by staff and amended as follows: a. The applicant shall add additional landscaping along Washington Street and the channel to the well site with alternating Date palms and shade trees. Unanimously approved C. en rmit 2006-862• a request of Highland La Quinta LC for consideration of final landscaping plans for three commercial b 'Idings in Phase 2 located on the north side of Highway 111, bets een Jefferson Street and Dune Palms Road within the Dunes Busin�ss Park. 1. Pn cipal Planner Stan Sawa presented the information con coed in the staff report, a copy of which is on file in the Comr,Aynity Development Department. 2. Committ Member Smith asked why staff was recommending the use o the different Palo Verde. Staff clarified a Planning Commission wanted a local variety to be used. 16 W PLANNING COMMISSION RESOLUTION 2007-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA O.UINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR CONSTRUCTION OF A THREE STORY MEDICAL BUILDING CASE NO.: SITE DEVELOPMENT PERMIT 2007-887 APPLICANT: EISENHOWER MEDICAL CENTER WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of July, 2007, hold a duly noticed Public Hearing, to consider the request of Eisenhower Medical Center, to approve the development plans for a three- story medical building in the Office Commercial zoning district, located on the southeast corner of Washington Street and Seeley Drive, more particularly described as: Parcel Map 31116, Parcel No. 6 & 7 WHEREAS, the Architecture and Landscaping Review Committee did on the 6th day of June, 2007, at a regular meeting, adopted Minute Motion 2007-013, recommending approval of the development plans for the project, subject to conditions; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did find the following facts and reasons to justify approval of said Site Development Permit: 1. The General Plan and Specific Plan designates the project area as Office Commercial. The proposed medical project is consistent with this land use designation and will provide facilities to serve the medical needs of the City. 2. The proposed building is designed to comply with the Zoning Code and Specific Plan requirements, including, but not limited to, design, parking, setbacks and land use. 3. The La Quiinta Planning Department has determined that this Site Development Permit has been assessed in conjunction with an Addendum to Environmental Assessment 2001-436 prepared for Specific Plan 2001-055, Amendment No. 1, which was certified on June 3, 2003 and Amendment No. 2 certified on October 11, 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 since this project implements approved Specific Plan 2001-055, Amendment Nos. 1 and 2. 168 r. PAstan\centre pointe\sdp 2007-887 eisenhower\sdp 2007-887 pc reso.doc Planning Commission Resolution 2007-032 Site Development Permit 2007-887 Eisenhower Medical Center Adopted: July 24, 2007 4. The architectural design of the project, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the surrounding development and with the quality of design prevalent in the city and in compliance with the architectural standards in the Specific Plan. 5. The site design of the project, including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with future and existing surrounding development and with the quality of design prevalent in the City. 6. Project landscaping, including, but not limited to the location, type, size, color, texture, and coverage of plant materials conforms to those designated in the Specific Plan and has been designed so as to provide relief, compliment buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and compliment the surrounding project area, ensuring lower maintenance and water use. 7. The monument and building signs will have to comply and be consistent with the intent of the Zoning Code and Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. 2. That it does hereby approve Site Development Permit 2007-887 for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 24th day of July, 2007, by the following vote, to wit: 169 P:\stan\centre pointe\sclp 2007-887 eisenhower\sdp 2007-887 pc reso.doc Planning Commission Resolution 2007-032 Site Development Permit 2007-887 Eisenhower Medical Center Adopted: July 24, 2007 AYES: Commissioners Barrows, Daniels, Engle, and Chairman Alderson I��[�7�'3�►67.T� ABSENT: Commissioner Quill ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California ATTEST: Les Johnson, Planning Director City of La Quinta, California v 179 P:\stan\centre pointe\sdp 2007-887 eisenhower\sdp 2007-887 pc reso.doc PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 GFNFRAI_ 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the 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 comply with applicable Conditions of Approval for Specific Plan :2001-055 and Amendments No. 1 and 2, and Tentative Parcel Map No. 31116. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinl:a.org. 3. This Site Development Permit is valid for two years, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any applicable 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) Planning Department Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency SCAQMD Coachella Valley W 171 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 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. Unless one exists and is currently in force at the time of the start of construction for this Site Development Permit, a project -specific NPDES construction 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. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the; project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC 8.70.020 (Definitions)): 11 Temporary Soil Stabilization (erosion control). 21 Temporary Sediment Control. v 112 P:\Reports - PC\2007\7-2407\SDP 2007-887 Eisenhower\sdp 2007-887 pc caa.dac Page 2 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 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. 6. 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. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the .City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the maintenance agreements for the development or other agreements as approved by the City Engineer. 9. The applicant shall offer for dedication of all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. .69. 17 3 P:\Reports - PC\2007\7-24-07\SDP 2007-887 Eisenhower\sdp 2007-887 pc coa.doc Page 3 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Major Arterial, 120' ROW) — No additional right-of- way is required. Variable right-of-way has been dedicated per Parcel Map No. 31116 along the Site Development Permit boundary measured 32 feet east of the existing curb face constructed under CIP Project 98- 07 except for an additional variable right-of-way dedication for a deceleration/right turn only lane at the Seeley Drive intersections of 44 feet per the recorded Parcel Map No. 31116. 2) Seeley Drive (Non -conforming Collector Street, 80' ROW) — No additional right-of-way is required of this Site Development Permit. Eighty feet (80') right-of-way has been dedicated for a total 80-foot ultimate developed right-of-way along the Site Development Permit boundary per Parcel Map No. 31116. 11. The applicant shall create perimeter landscaping setbacks along all public rights -of - way as follows: A. Washington Street (Major Arterial) — The perimeter landscaping setback of 20 feet required by the General Plan has been retained by the City of La Quinta Redevelopment Agency along the Washington Street right of way per Parcel Map 31116. No additional landscape setback is required along Washington Street for this Site Development Permit. B. Seeley Drive (Non -conforming Collector Street, 80' ROW) — 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 12. 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. 13. Direct vehicular access to Washington Street and Seeley Drive from lots with 1711 P:\Reports - PC\2007\7-24-07\SDP 2007-887 Eisenhower\sdp 2007-887 pc coa.doc Page 4 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 frontage along Washington Street and Seeley Drive is restricted, except for those access points identified on Parcel Map No. 31116, or as otherwise conditioned in these conditions of approval. 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 15. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and LQMC Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 16. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) 1) Washington Street (Major Arterial; 120' R/W): No additional street widening or street improvements are required of this Site Development Permit pursuant to Conditions of Approval for Parcel Map No. 31116. Pursuant to said Parcel Map No. 31116, construction of a deceleration/right turn only lane to the Hotel parcel is pending evaluation and negotiation between CP Development La Quinta LLC and the City of La Quinta. 2) Seeley Drive — Non -Conforming Collector Street, 80' ROW. No additional street widening of Seeley Drive from Washington Street to Miles Avenue to its ultimate 56-foot width pursuant to Conditions of Approval for Parcel Map No. 31116. 17. A Traffic Analysis required for this site development permit has determined that the traffic signal conditioned of Parcel Map No. 31116 will be required at project opening. Therefore, the applicant shall not be granted Certificate of Occupancy until said traffic signal is operational as required by the City Engineer. 18. The applicant: is conditioned to provide a heavy maintenance vehicle access road as approved by the Coachella Valley Water District and the City Engineer for access to the Coachella Valley Storm Water Channel to the south of the Site Development Permit site. 17� P:\Reports - PC\2007\7-24-07\SDP 2007-887 Eisenhower\sdp 2007-887 pc coa.doc Page 5 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 PARKING LOTS AND ACCESS POINTS 19. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the: following are conditioned with this approval. A. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls (and 18 feet for with a 2-foot overhang handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. E. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Seeley Drive a minimum of 30 feet as shown on the site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. The applicant shall construct an ADA accessible path from the proposed Site Development Permit building to the south side of Seeley Drive. 20. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 31116, Specific Plan 2001-055, Amendment No. 2 and these conditions of approval. A. Primary Entry (Seeley Drive, approximately 450 feet east of Washington Street) — Right turn in and out movements are permitted. Full turn movements are permitted upon ultimate street improvement construction per City of La Quinta Plan Set Number 06021 and 06022 and as determined by the City Engineer. 176 P:\Reports - PC\2007\7-24-07\SDP 2007-887 Eisenhowerlsdp 2007-887 pc coa.doc Page 6 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 The applicant shall construct two (2) lane striping for a right turn only movements at the entrance and possible future right turn lane trap striping and signage: as approved by the City Engineer. B. Secondary Entry (Seeley Drive, approximately 850 feet east of Washington Street) — Right turn in and out movements are permitted. Left turn movements in and out are restricted. The applicant shall construct striping and signing improvements for said left turn movement restrictions as approved by the City Engineer. 21. 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. 22. 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. 23. 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. 24. 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 ble,? PAReports - PC\2007\7.24-07\SDP 2007-887 Eisenhower\sdp 2007-887 pc coa.doc Page 7 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 25. 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 the LQMC Section 13.24.040 (Improvement Plans). 26. 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: Commercial Precise Grading Plan 1 " = 20' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Seeley Drive Off -Site Street Improvements/Signing & Striping Plan * 1 " = 40' Horizontal, 1 " = 4' Vertical * Per Condition 19 above. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Signing & Striping and Precise Grading Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends. Signing and Striping, 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. 17g P:\Reports - PC\2007\7-24-07\SDP 2007-887 Eisenhower\sdp 2007-887 pc coa.doc Page 8 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 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 Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, an "On -Site Commercial Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On -Site Commercial Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 27. 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). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 28. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 29. 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. r;RAnINr; 30. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 31. 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. 32. 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, P:\Reports - PC\2007\7-24-07\SDP 2007-887 Eisenhower\sdp 2007-887 pc coa.doc Page 9 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). 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 Rough Grading Plan 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. 33. 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. 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 35. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. l80 P:\Reports - PC\2007\7-24-07\SDP 2007-887 Eisenhower\sdp 2007-887 pc coa.doc Page 10 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 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. 36. 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 Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 37. 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. DRAINAGE 38. Stormwater handling shall conform to the approved hydrology and drainage report for the Centre Pointe Development, Specific Plan 2001-055 and Amendments No. 1 and 2, and Parcel Map No. 31116 and Storm Drain Improvement Plans, Phase I as modified for this Site Development Permit. Nuisance water shall be disposed of in an approved manner. 39. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 40. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 41. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within Parcel Map No. 31116 excepting therefrom those portions required to 0 181 P:\Reports - PM2007\7-24-07\SDP :2007-887 Eisenhower\sdp 2007.887 pc coa.doc Page 11 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions for meeting these potential obligations. The 100- year storm water HGL shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL. Certificate of Occupancy shall not be permitted for this Site Development Permit until channel lining for the Coachella Valley Stormwater Channel is installed along Parcel Map No. 31116 as approved by the Coachella Valley Water District and the City Engineer. UTILITIES The applicant shall comply with the provisions of LQMC Section 13.24.1 10 (Utilities). 42. 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. 43. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 44. 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. LANDSCAPE AND IRRIGATION 45. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 46. The applicant shall provide for the perpetual maintenance of all landscaping along Washington Street and Seeley Drive as required by LQMC Section 9.100.040 and requirements of the Development Agreement and Disposition and Development a.. 182 PAReports - PC\2007\7-24-07\SDP 2007-887 EisenhoweAsdp 2007-887 pc coa.doc Page 12 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 Agreement for the Centre Pointe Development including Amendments and applicable Amendments to the Purchase and Sale Contract. 47. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 48. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 49. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be prepared by a licensed landscape professional and shall be reviewed by the ALRC: and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. Landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 50. Landscape areas shall have permanent irrigation improvements meeting the requirements; of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 51. 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. 183 P:\Reports - PC\2007\7-24-07\SDP 2007.887 Eisenhower\sdp 2007-887 pc coa.doc Page 13 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 52. Along Washington Street frontage and the Whitewater Storm Channel to the well site, evenly spaced Date Palm Trees with canopy trees planted between them shall be provided. A view corridor shall be maintained along the storm channel. A hedge of shrubs adjacent to Washington Street and Seeley Drive, if berming is not adequate, shall be provided adjacent to the parking lot edge adjacent to public streets to screen cars from street view. 53. The turf adjacent to the building entry/drop-off area shall be removed and replaced with shrubs and ground cover, and hardscape (next to seat wall). QUALITY ASSURANCE 54. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 55. 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. 56. 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. 57. 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. -fhe 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. MAINTENANCE 58. The applicant shall comply with the provisions of . LQMC Section 13.24.160 (Maintenance). 184 PAReports - PC1200717-24-071aDP 2007-887 Elsenhowerlsdp 2007-887 pc coa.doc Page 14 of 15 PLANNING COMMISSION RESOLUTION 2007-032 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2007-887 EISENHOWER MEDICAL CENTER ADOPTED: JULY 24, 2007 59. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 60. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 61. 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). MISCELLANEOUS 62. Signs shall tie approved as part of a sign program under a separate submittal. 63. The flagpole height shall not exceed 45'. 64. All applicablle conditions and requirements of the Disposition and Development Agreement (DDA) and Development Agreement (DA) for Centre Pointe shall be complied with prior to issuance of a building permit or as determined by the Planning Director. 65. Parking lot lights shall be dimmed (or turned off in areas where safety is not compromised) within one hour of closing. Dimmed lights shall be at a level to maintain safety. 66. East of the loading zone, the "pointed" end of the adjacent planter shall be cut back to allow easier truck exiting to the east. 67. Provide some carports in the parking lot area west of the building. These may be relocted or additional carports. 68. Within the large landscape area, located between the driveways abutting Seeley Drive, provide seating convenient to the adjacent parking lot to the south. 185 PAReports - PM200717-24-071SDP 2007-887 EisenhoweAsdp 2007-887 pc coa.doc Page 15 of 15 ATTACHMENT 4 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 24, 2007 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was c Iled to order at 7:00 p.m. by Chairman Alderson who asked /seconded 'ner Daniels to lead the flag salute. B. Present: Commissioners Katie Barrowniels, Jim Engle, and Chairman Ed Alderson. It was moved by Commissioners Daniels/Barrows to excuse Commissio C. Staff present: Planning Director L Johnson, Assistant City Attorney Michael Houston, Principal Engi eer Ed Wimmer, Principal Planners Wallace Nesbit, Stan Sawa, afnd ndrew Mogensen, Assistant Planners Yvonne Franco and Eric Ceja, Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGEADA: A. It was moved and se onded by Commissioners Daniels/Barrows to direct staff to bring Ite B under Commissioner Items back at the next Commission mee ' g in order to allow Commissioner Quill to participate in the discussio . Unanimously approved. IV. CONSENT (ITEMS: A. ChairmanAlderson asked if there were any changes to the Minutes of July 10, 007. There being no changes, it was moved and seconded by Comm" sioners Daniels/Barrows to approve the minutes as submitted. Unari' ously approved. V. PUBLIC HEARINGS: A. Site Development Permit 2007-887; a request of Eisenhower Medical Center for consideration of development plans for an 85,655 square foot three-story medical building (Phase 1) located at the southeast corner of Washington Street and Seeley Drive within the Centre Pointe project. 18a 0 FILENAME \p G:\WPDOCS\PC Minutes\2007\7-24-07.doo Planning Commission Minutes July 24, 2007 1. Commissioner Daniels informed the Commission that he sits on the Board of the JFK Hospital and does receive a stipend but does not believe this is a conflict in his review of this project. 2. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Assistant City Attorney Michael Houston stated that the Environmental Assessment looked at the traffic count for the uses presented tonight. The time to make a challenge to those approvals has past and the issues tonight are related to architecture and landscaping. The issues related to the letter received from the City of Indian Wells are not relevant to the item before the Commission. Planning Director Les Johnson stated he had spoken with the City of Indian Wells prior to this meeting and staff will be meeting with them regarding the traffic issues raised in the letter. 3. Chairman Alderson asked if there were any questions of staff. Commissioner Engle asked if Washington Street would be widened. Principal Engineer Ed Wimmer stated a deceleration lane is planned, but there were no plans to widen the street. Commissioner Engle asked for clarification on the access points. Staff stated there were two access points on Seeley Drive and none on Washington Street. 4. Commissioner Daniels asked the location of the covered parking, if they had met their quota for parking spaces, and is the covered parking in the right location. In the heat of the day the parking will be on the west side and there are very few covered parking stalls on the west. In addition, there does not appear to be enough employee covered parking. Staff stated it could be provided if it was the determination of the Commission. Commissioner Daniels asked if the decomposed granite path currently along Washington Street was intended to remain or would it be removed and paved. Planning Director Les Johnson stated it was his understanding that the meandering sidewalk will be installed. Commissioner Daniels asked how the signs would be approved and lastly, will there be a signal installed at Seeley Drive. Principal Engineer Ed Wimmer stated the traffic analysis for this project shows the signal at Seeley Drive and Miles Avenue must be installed before the Certificate of Occupancy is issued, but it is required of the master developer. 187 G:\WPDOCS\PC Minutes\2007\7-24-07.doc 2 Planning Commission Minutes July 24, 2007 5. Chairman Alderson asked if the storm water is to be dispatched to the Whitewater Channel. Principal Engineer Wimmer asked that the applicant answer this question. He noted the applicant has options and staff is not certain which option they will take. Chairman Alderson asked if the lawn in the front of the entry area was artificial turf. Staff asked that the applicant needs to answer this question. Chairman Alderson asked about the large landscape area along Seeley Drive that is anticipated for a future development. He asked if the area couldn't have a better use than landscaping. Staff stated it was discussed at the Architecture and Landscaping Review Committee meeting and it was determined to be unnecessary. 6. Commissioner Barrows agreed with providing the additional seating in this area. She noted the landscaping and berms along Washington Street call for date palms and they are not shown on the plans. Staff stated the revised preliminary plans show them incorporated, but the plans presented do not. Commissioner Barrows asked the height of the Homewood Suites. Staff stated it is close to 45 feet. 7. Commissioner Daniels asked if there would be any ambulance service. Staff stated for transportation purposes only, not emergency services. Commissioner Daniels asked the height of the building on the west side and what if the trees were relocated to the west side to shade the play area. Also, is there a fence or some way to have a barrier to keep children from going into the parking lot. Staff stated the majority of the building is three stories and in this location the play area should be shaded most of the day. Commissioner Daniels stated the circulation for the second entry for deliveries seems to be pinched and it seems better truck movement could be provided by increasing the size of this area. 8. Chairman Alderson asked if the parking lot lights would be dimmed after hours. Staff stated the applicant would need to answer this. 9. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Ali Tourkaman, representing Eisenhower Medical Center, introduced the development team and asked that the following conditions be discussed. First Condition No. 17 for the signal; this should be the responsibility of the master developer. Same with 1 .a83 G:\WPDOCS\PC Minutes\2007\7-24-07.doc 3 Planning Commission Minutes July 24, 2007 Condition No. 18, it should also be the responsibility of the master developer. Condition No. 19.e. last paragraph, should also be the responsibility of the master developer. Staff stated Seeley Drive would need to be modified to allow the ADA accessibility. Mr. Tourkaman stated that Condition 20.b needed to be modified to allow the left turn out onto Seeley Drive at the easterly drive. Mr. Tourkaman stated Condition No. 41, second paragraph should be the responsibility of the master developer. Principal Engineer Ed Wimmer stated the applicant has control how he desires to discharge -the stormwater. It is up to the applicant to determine which option they want to do. Mr. Tourkaman stated the storm channel exists. Ms. Malak Modarressi, RBF Engineering, explained how the storm drain system was designed. Mr. Tourkaman asked that Condition No. 53 be clarified as to what is expected of them. 10. Planning Director Les Johnson clarified there is a round -about just east of their secondary access which would allow the ability to turn around to go west on Seeley Drive. Principal Engineer Ed Wimmer stated this is the first time they have heard about the objection to the left turn and the applicant has had the conditions for some time. 11. Chairman Alderson asked about the hours of operation. Mr. Tourkaman stated approximately 7:30 a.m. to 6:30 p.m., with the exception of the emergency care center which may be 7:00 a.m. to 8:00 p.m. Chairman Alderson stated he hoped the urgent care hours would be extended. Mr. Tourkaman stated it would depend on the demands of the community. Mr. Tourkaman stated that in regard to the play area they would be concerned with children not being supervised at all times. The lobby is designed to accommodate large numbers. They would not want to have any play area, but would have no objection to having a rest area with benches or more parking near Seeley Drive. 12. Commissioner Daniels asked about the small amount of turf area near the entry as it seems it will be a maintenance problem. Mr. Tourkaman stated he had no objection to removing it. Commissioner Daniels asked about relocating the covered parking. Mr. Tourkaman stated they have no objection. Commissioner Daniels asked about the extended hours of operation. Mr. Tourkaman stated he is over the construction and would not want to address something that is governed by the caregivers. Commissioner Daniels asked if the existing urgent care cent eys 189 G:\WPDOCS\PC Minutes\2007\7-24-07.doc 4 Planning Commission Minutes July 24, 2007 would be relocated to this location. Mr. Tourkaman stated yes. Commissioner Daniels asked about the truck entry area needing to be revised to allow better exiting for the delivery trucks. Mr. Tourkaman stated he agrees with his comments and will look into redesigning this area. 13. Chairman Alderson asked about the operation of the urgent care. Mr. Tourkaman explained the process. Chairman Alderson asked the height of the trees in the large landscaped area. Mr. Rob Parker, RGA Landscape Architects, explained the location of the trees in the large landscape area will be 24 feet and are designed to be retained for the future parking lot. He reviewed the trees proposed. In regard to the turf area, they have no objection to removing the turf but have recently received information regarding artificial turf that it could get hot enough to burn the skin so they are re-evaluating this area. 14. Commissioner Barrows asked how the landscaping can soften the building. Mr. Parker stated that in their initial meetings with staff they were asked to add planting along the southern portion of the property. The northern section is being done by the master developer and they are providing for a series of trees along Washington Street from the Channel north. They would be willing to add shrubs. Commissioner Barrows stated her concern is the view corridor from Washington Street and wants to make sure some open area between the buildings is maintained. She would suggest the trees not be planted in regular spacing, but broken up to maintain a view corridor. Mr. Parker noted the areas where the view corridors would be kept. In regard to the spacing of trees, he would agree but clarified that in some instances this is not possible. 15. Commissioner Daniels asked if there were any disputes between EMC and the master developer as to whose responsibility some of the conditions should apply to. Mr. Tourkaman stated there is no dispute, but neither is there anything in their agreement with the master developer shifts these costs to them. Principal Engineer Ed Wimmer clarified the condition does not put the responsibility of installing the signal on this developer, it just requires it to be installed before they open. It is ultimately the responsibility of the master developer. Commissioner Daniels asked if there were any precautions put on the master developer to see that the obligation is met. Staff stated the agreement between the City and the 199 G:\WPDOCS\PC Minutes\2007\7-24-07.doc 5 Planning Commission Minutes July 24, 2007 master developer is that the signal would bee installed within 12 months. An extension can be requested, but it is up to the City Council as to whether or not to grant the extension. 16. Chairman Alderson asked that Condition No. 19 be amended to apply only to the applicant's property. In regard to the left turn at the easterly access, he would not want to see it at this location. In regard to Condition No. 41 the condition could be revised to address the applicant's concern. In regard to Condition No. 53 (now Condition No. 54) it is a standard condition and should remain. Mr. Tourkaman asked if they could have the flag pole at 100 feet. Staff stated that would allow it to be over double the height of the building. 17. Commissioner Daniels asked if the proposed building along the eastern portion of the channel was designated for medical uses. Mr. Tourkaman stated it is currently planned as a surgery building, but discussions have been held with CVWD regarding relocation of the well site. The nature of the use of the proposed buildings will be dictated by the needs of the community. Commissioner Daniels noted that minimal parking is being installed and if you add more medical facility, you would need another 343 spaces and this could require a parking structure. Mr. Tourkaman stated not all of uses within the building would increase the parking. If additional parking is required, it will be added. 18. Chairman Alderson asked about the dimming of the parking lot lights. Mr. Tourkaman stated they had no objection to lowering the lights and/or dimming the lights as long as the public safety was addressed. 19. Commissioner Barrows asked if there was an existing ADA access from the hotel. Her concern is that the ADA pathway does not go anywhere. Planning Director Les Johnson stated the hotel also was required to provide the ADA accessibility. The wording could be changed on this condition to require the ADA access to the south side of Seeley Drive. 20. Chairman Alderson asked if there were any comments or questions of the public. There being no further questions and no other public comment, the public hearing was closed and open for Commission discussion. Commissioner Daniels commended the applicant on the design of the building. In regard to Condition No. 17, the 19.1 G:\WPDOCS\PC Minutes\21007\7-24-07.doc 6 Planning Commission Minutes July 24, 2007 signal is the responsibility of the master developer. Condition No. 18 the applicant will provide vehicle access for CVWD. Staff stated this condition would be modified to require the applicant to build the access with input and approval of CVWD at the phase appropriate to the applicant. Condition No. 19 ADA access would only be provided to the applicant's property line. In regard to the left turn lane at the easterly access he would not want to encourage the left turn at this location. In regard to the channel lining, this is the responsibility of the master developer. Principal Engineer Ed Wimmer stated CVWD has requested the lining and staff would need to discuss this with CVWD. Commissioner Daniels stated he would want to retain the condition but would hope it is a responsibility of the master developer. He would also want to see the turf removed, the truck turning radius increased to allow the trucks to turn around and exit on the eastern side. In regard to the letter from the City of Indian Wells he believes with the opening of Jefferson Street the traffic counts have changed and encouraged staff to have discussions with the City of Indian Wells. Lastly, that the covered parking be relocated to have more covered parking on the west side and over the employee parking spaces. 21. Commissioner Barrows stated she concurred with Commissioner Daniels. In regard to the large landscaped area she would want it conditioned to provide some seating. The ADA access points could be incorporated into this area. Condition No. 52 should be revised to maintain some open view corridor by the placement of the large trees. 22. Chairman Alderson also asked that the lights be dimmed within two hours of closing. 23. It was moved and seconded by Commissioners Engle/Daniels to adopt Planning Commission Resolution 2007-032 recommending approval of Site Development Permit 2007-887, as recommended and amended: a. Condition No. 19: Shall be amended to reference the applicant's property only. b. Condition 52: The applicant shall maintain an open view corridor by staggering the trees. C. Condition added: The turf at the entry area shall be removed. V192 G:\WPDOCS\PC Minutes\2007\7-24-07.doc 7 Planning Commission Minutes July 24, 2007 F e. f Q Condition added: The applicant shall increase the delivery truck access and turn around area subject to staff approval. Condition added: The applicant shall prove some covered parking area to be relocated to the west side. Condition added: The applicant shall provide some seating areas in the large landscape area near Seeley Drive. Condition added: The applicant shall dim the parking lot lighting within two hours of business closing. ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill. B. Development Permit 2007-889 and Sign Application 2007-1165• a re est of Kerr Project Services for Applebee's Restaurant for con ,-deration of development plans and a Sign Program for a 5,914 squar foot restaurant located at the northeast corner of Washington Street nd Seeley Drive within the Centre Pointe project. 1. Co missioner Engle stated he had a potential conflict of interest and xcused himself. Assistant City Attorney Michael Houston expla ed Commissioner Engle would be allowed to participate in the dis ussion of the Site Development Permit and excuse himself for disc ssion on the sign application. 2. Chairman lderson opened the public hearing and asked for the staff repo t. Principal Planner Stan Sawa presented the information ontained in the staff report, a copy of which is on file in the Planni Department 3. Chairman Alde son asked if there were any questions of staff. Commissioner gle asked if the sign off of Miles Avenue would be an off -site si n. Staff stated this business is a part of the overall Specific PI n and therefore allowed, but reduced in size. 4. Chairman Alderson asked the location of the monument sign. Staff identified the I cation. 5. Commissioner Daniels it would be internally it the location of the sign. if the sign would be lit. Staff stated ited. Discussion followed regarding 193 G:\WPDOCS\PC Minutes\2007\7-24-07.doc 8 f COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 30125-2, Haciendas, Sedona Homes, Inc. RECOMMENDATION: [:Te1 D1017:Veiv I Reif] "Alf, BUSINESS SESSION: CONSENT CALENDAR: J3 STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 30125-2, Haciendas, Sedona Homes, Inc. and authorize staff to release performance securities upon receipt of the warranty security. Direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: k315 BACKGROUND AND OVERVIEW: Tract Map No. -30125-2, Haciendas, is located east of Eisenhower Drive, south of Avenue 50, and north of Calle Tampico (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. 194 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the on -site improvements associated with Tract Map No. 30125- 2, Haciendas, Sedona Homes, Inc. and authorize staff to release performance securities upon receipt of the warranty security. Direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 30125-2, Haciendas, Sedona Homes, Inc. and do not authorize staff to release performance securities upon receipt of the warranty security. Do not direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. J na:s P.E. ubl1c Works Dire for/City Engineer Approved for submission by: 4w'44f'# Aoe- Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 195 ATTACHMENT 1 TM 30125-2 HACIENDAS C L AVENUE 50 AVENUE 5� ` �N934V01CONST CTION—C�Lo_ — �I.2 �f SEE Dean.'e' g U 3� Q f- TR, i\10. 00125-1 I v MB 3-13/-17-2 oN SHEET Ho. IN7o04,'1 74�i �_—__ - Ti 'IN 314EYW 2 1/ -ix31'_569'1,� V T ��`" 1 E 37 32 U 23 h -- % N 6r,: -9 W 1 r<� 13 C 2 1(11600) I6 4-_0 IN 8FM 3(WI _ . �_ _ — — — — / D 7 SEE SHEET NO5-- �/ %13 / <N 60fi0'37W 2192'> 1'Y W s ` E <N SY00'Wk Tn 15> w PL,:3C 3 -}j ur) �a Pr1R> r i \e Ili 22 N$<N 1B��; P_\R(._L 1NJ. 30:�19 U. �a PJVJIB. >02/ 1-.32 z co 21 (� a c,A 20 _ wl t9 �QPo<�2.p5 1F —E d Ii �76N6, <NX12'46'W 63 43 > Nl 18 w1 t--t<N 6600WW 104,11 w — —j 16 <N 133001"0 8902'> 15 "15 � <N 71'05DTW 36'> 14 �_ <N 2950-A 5 / CpUPT NAS-?L F L 313 12 , _ 1 l / -� o �B PARC rL N,11AP 1J10 3J k!b 3ua 6 10 ti -wm 7 cZ�9 =aa T $ [SEE SHEET N0. 5 C.l_'l_0. E 9 g53'OS7. " - —f 09'26'C etd1 ,- 1' CIL CALLS TAMPIC0 oLLpNDLR RESERVOIR --1 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: August 7, 2007 ITEM TITLE: Acceptance of On -site Improvements Associated with Tract Map No. 30125-2, Haciendas, Sedona Homes, Inc. APPLICANT: Ms. Jenny McIntire, Sedona Homes, Inc. .01 196 ATTACHMENT 2 WARRANTY SECURITY 30125-2 Development Name: Haciendas IMPROVEMENTS Performance Security' Improvement Description Labor & Materiats2 Current Amount Proposed Reduction WARRANTY AMOUNT G12L19 $91,011 $18,202 90% $1,820 Demolition $42,134 $8,427 90% $843 Street Im rovements $130,391 $26,078 90% $2,608 Drainaige $21,200 $4,240 90% $424 Domestic Water $81,250 $16,250 90% $1,625 Sanitary Sewer $70,510 1 $14.102 90% $1,410 Dry Utilities $55,000 $11,000 90% $1,100 Monurnentation $0 $4,880 100% $0 Professional Fees/Construction 10% $0 $10,318 100% $0 Contingency (10% of Project) $0 $11.350 100% $0 Totals $491,496 $124,847 -- $9,830 Performance Security shall be released immediately upon City Council acceptance. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. 197 T:\Tracts\30000P39999130125-2;External Correspondence\Conditional Finnl Acceptance 081606.doe Page 3 of 3 COUNCIL/RDA MEETING DATE: Auqust 7, 2007 ITEM TITLE: Acceptance of On -Site and Off -Site Improvements Associated with Tract Map No. 30125-1, Haciendas, Sedona Homes, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -4 STUDY SESSION: PUBLIC HEARING: Accept on -site and off -site improvements associated with Tract Map No. 30125-1, Haciendas, Sedona Homes, Inc. and authorize staff to release performance securities upon receipt of the warranty security. Direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Landscaping maintenance is estimated to be $500 annually. This item is not currently in the Landscape and Lighting District Operating Budget for the Fiscal Year 2007/2008. Should additional funds be needed, they will be requested at mid -year. CHARTER CITY IMPLICATIO None. BACKGROUND AND OVERVIEW: Tract Map No. 30125-1, Haciendas, is located east of Eisenhower Drive and south of Avenue 50 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. 198 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site and off -site improvements associated with Tract Map No. 301215-1, Haciendas, Sedona Homes, Inc. and authorize staff to release performance securities upon receipt of the warranty security. Direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements; or 2. Do not accept the on -site and off -site improvements associated with Tract Map No. 30125-1, Haciendas, Sedona Homes, Inc. and do not authorize staff to release performance securities upon receipt of the warranty security. Do not direct staff to release labor and materials securities 90 days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. J nas P.E. Public Works Dire or/City Engineer Approved for submission by: 4y- 11)7/A& Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 199 ATTACHMENT 1 TM 30125-1 HACIENDAS ...,. .. Ry o P W IN/9-3`1 um" l�A e8ia l: gu aPu arM��'�z n¢ ec UE 50 �/L AVENUE 50 CONSUCTION C�L� AVEN� b jn xj Isa �1 24 I\ Ix wsw>, w Oa E 1 O n esssNw 2ozcs' 25 sD' F42 342341 4D 39 ��j35D 26 I -J h22 Q38yQ 361 1 33 Z 27 L WARCFI-)`iA N0. 301IM 21 � 37 1 32 V 26 2D �P 1 JQ 1 Y �G rr.M.S. -`1J9/55-55 s K x eTQ3'w1 0 D7022.1 in a - \ army x 2 � 3 4 5 36 11 \ J 16 x O ' ,�:y\ 'rOArp rz2y3 71 6 9 D\ 17 / a W _ 1 SEEaSHELT N0. 3 „�a "�, r `",zu�.x_ PG',R. 312 13 N-- t _ „id zwr rss x 14 15 n \ i 161 � \ y PA -1 PARCEL MAP N0. 00619 RM B. 20 2j'O J 32 "'as, . r � 1 zy s3 >sev2 v,SPAR. 41 SEE SHEET NO. 4 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: August 7, 2007 ITEM TITLE: Acceptance of On -site and Off -site Improvements Associated with Tract Map No. 30125-1, Haciendas, Sedona Homes, Inc. APPLICANT: Ms. Jenny McIntire, Sedona Homes, Inc. °' 209 ATTACHMENT 2 WARRANTY SECURITY 30125-1 Development Name: Haciendas IMPROVEMENTS Performance Security' Irnproyement Descri lion Labor & Materials' Current Amount Proposed Reduction WARRANTY AMOUNT Grading $72,844 $72,844 90% $7,284 Street Improvements $139,684 $139,684 90% $13,968 Drama a $198,235 $198,235 90% $19,824 Domestic Water $167,375 $167,375 90% $16,738 Sanitar Sy ewer $113,190 $113,190 90% $11,319 2DL2tilities $107,500 $107,500 90% $10,750 Off -Site Street Improvements $80,513 $80,513 90% $8,051 Eisenhower lm rovements $64,957 $64,957 90% $6,496 Perimeter Wall $99,480 $99,480 90% $9,948 Perimeter Landscape $139,223 $139,223 90% $13,922 Monumentation $0 $1,400 100% $0 .Engineering & Plans $0 $299,190 100% $0 No -Plans Contingency $0 $299,190 100% $0 Totals $1,183,001 $1,782,781 - $118,300 Performance Security shall be released immediately upon City Council acceptance Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY shall be received by the City prior to being placed on the agenda for City Council. 201 T:\Tracts\30000-39999\30125-1\External Correspondence\Conditional final Acceptance 081606.docPage 3 of 3 T44f 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: Auqust 7, 2007 BUSINESS SESSION: _ ITEM TITLE: Approval of Extension of a Memorandum of Understandings with Desert Sands Unified School CONSENT CALENDAR: IS District Regarding School Resource Officers STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the extension of a Memorandum of Understanding (MOU) with Desert Sands Unified School District (DSUSD) regarding School Resource Officers (SROs). FISCAL IMPLICATIONS: In the City's Fiscal Year 2007/2008 budget, $148,968 was approved for three School Resource Officers commencing July 1, 2007 through June 30, 2008. As a result of approval of the MOU (Attachment 1), the City and DSUSD would each agree to pay 50% for the cost of three SROs for the Fiscal Years 2007-2008 through 2009-2010. CHARTER CITY IMPLICATIONS: 1►GTiTIll I BACKGROUND AND OVERVIEW: For the past three fiscal years, the City has funded 50% of the cost of two School Resource Officers, of which one is assigned to the La Quinta High School, and a second SRO is assigned to the La Quinta Middle School. The Fiscal Year 2007-2008 budget includes funding 50% for a third School Resource Officer, which will be assigned to the Mitchell Paige Middle School. • 202 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Extension of a Memorandum of Understanding (MOU) with Desert Sands Unified School District regarding School Resource Officers; or 2. Do not approve Extension of a Memorandum of Understanding (MOU) with Desert Sands Unified School District regarding School Resource Officers; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager Approved for submission by: /// llwe Thomas P. Genovese, City Manager Attachment: 1. MOU with DSUSD 203 Attsc;hment 1 AMENDMENT OF AN AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF LA QUINTA FOR THE PLACEMENT OF THREE SCHOOL RESOURCE OFFICERS MEMORANDUM OF UNDERSTANDING This Extension of a Memorandum of Understanding is entered into for fiscal years 2007 — 2008, through 2009 - 2010 by and between Desert Sands Unified School District, hereafter referred to as DISTRICT and the City of La Quinta, hereafter referred to as CITY. The purpose of this Extension of a Memorandum of Understanding (MOU) is to document the parties' understanding of the financial commitment to each pay 50% of the cost of three School Resources Officers for Fiscal Years 2007-2008 through 2009-2010. This MOU provides three School Resource Officers to be assigned as follows: One at La Quinta High School, one at La Quinta Middle School, and one at Mitchell Paige Middle School. By signing this Extension of a MOU, the DISTRICT and CITY agree to financially contribute the matching portions of the funds. All rates other than fiscal year 2007-2008 are estimates. The DISTRICT will submit an invoice to the CITY using the "percent" of total costs as the basis for the matching portions. Dr. Doris Wilson, Superintendent Date DSUSD Thomas P. Genovese, City Manager Date City of La Quinta 20t COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Approval to Appropriate Funding and Approve a Cooperative Agreement for the Design and Construction of the Jefferson Street Median Island Landscape Improvements, Project No. 2005- 03 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /(0 STUDY SESSION: PUBLIC HEARING: Appropriate additional funding, in the amount of $129,427, from Transportation Developer Impact Fees (DIF), approve a Cooperative Agreement, between the Cities of La Quinta and Indio, for the design and construction of the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03 and authorize the Acting City Manager to execute the Agreement. FISCAL IMPLICATIONS: The following is the project's proposed funding and funding sources: Transportation DIF: $361,136 City of Indio: $443,053 TE Funds $445,190 Grand Total: $1,249,379 Based upon the Landscape Architect's estimate of probable construction costs, in the amount $92.15,295, the following is the anticipated project budget: Construction: $925,295 Design: $92,530 Inspection/Testing/Survey: $71,710 Administration: $46,265 Contingency: $113,579 Total: $1,249,379 .S 205 Adequate funding is available from uncommitted Transportation DIF funds to support staff's recommendation. Typically, staff would not recommend an additional funding appropriation until after actual construction bids are received. However, Caltrans has requested the City of La Quinta provide the Cooperative Agreement (Attachment 1), between the Cities of La Quinta and Indio, as a condition of its approval of Federal Transportation Enhancement (TE) funding in the amount of $445„190. The TE funds represent 36% of the overall project costs. The Cooperative Agreement, among other things, designates the City of La Quinta as the "Lead Agency", identifies each agency's funding contribution to the project, and provides for a future maintenance agreement. The project limits are jointly owned 45% by the City of La Quinta and 55% by the City of Indio. Approval of the Agreement will commit the City of La Quinta to contribute 45% ($361,136) of the estimated local share of the project cost ($804,189). The City of Indio will contribute the remaining 55% of the local share in the amount of $443,053. The City of Indio provided a written commitment to fund its share of the project costs on August 22, 2006. The Cooperative Agreement has been scheduled for consideration by the City of Indio City Council on August 15, 2007. CHARTER CITY IMPLICATIONS: The project is partially funded with Federal Transportation Enhancement (TE) funding and a portion of the project will be funded by the City of Indio. The project will be advertised with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is Located within the median islands on Jefferson Street, between Highway 111 and Indio Boulevard. The project area is jointly owned by the City of La Quinta (45%) and the City of Indio (55%). The proposed improvements consist of landscaping the newly constructed median islands on Jefferson Street using decomposed granite, rock, irrigation, drought tolerant ground cover, plants, shrubs, and trees. All plants, shrubs and trees are proposed to be native to the south east desert basin. On September 6, 2005, the City Council adopted a resolution approving the submittal of a project application to the Riverside County Transportation Commission (RCTC) for Transportation Enhancement (TE) funds for the Jefferson Street Beautification Project. On November 10, 2005, the City was notified by RCTC Staff that the Commission approved the City's request for TE funding in the amount of $445,190 toward the Jefferson Street Beautification Project. 206 The Jefferson Street Beautification Project was included by amendment in the 2006 Regional Transportation Improvement Plan (RTIP) in March 2006. Caltrans approved the project environmental document on May 9, 2006. On November 7, 2006, the City Council approved a Professional Services Agreement (PSA), in the amount of $73,910, with David Evans and Associates, Inc. to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03. The PS&E is now complete and ready to be advertised following approval of the Federal TE funding by Caltrans. The following is the anticipated project schedule: Obtain Funding Agreement from Caltrans and Federal Highways Administration (FHWA) City Council Approves the PS&E and Authorizes Staff to Advertise Advertise the Project for Construction Construction (4 Months) Accept Improvements FINDINGS AND ALTERNATIVES: July 2007 — September 2007 September 2007 October 2007 November 2007 — February 2008 March 2008 The alternatives available to the City Council include: 1. Appropriate additional funding, in the amount of $129,427, from unassigned Transportation Developer Impact Fees (DIF), approve a Cooperative Agreement, between the Cities of La Quinta and Indio, for the design and construction of the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03 and authorize the Acting City Manager to execute the Agreement; or 2. Do not appropriate additional funding, in the amount of $129,427, from unassigned Transportation Developer Impact Fees (DIF), and do not approve a Cooperative Agreement, between the Cities of La Quinta and Indio, for the design and construction of the Jefferson Street Median Island Landscape Improvements, Project Number 2005-03; or a 207 Provide staff with alternative direction. Respectfully submitted, othy R. Jo a,ss E. Public Works irec /City Engineer Approved for submission by: AAA f Z 7� Thomas P. Genovese, City Manager Attachment: 1. Cooperative Agreement 20S ATTACHMENT 1 COOPERATIVE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS This agreement (hereinafter "Agreement") entered into this _ day of _, 2007, is between the City of La Quinta, a municipal corporation and charter city, referred to herein as "LA QUINTA," and the City of Indio, a municipal corporation, referred to herein as "INDIO." LA QUINTA and INDIO are collectively referred to in this Agreement as "PARTIES." RFCITAI R (1) LA QUINTA and INDIO desire to install median island irrigation and landscaping, referred to herein as the "PROJECT," on Jefferson Street from Indio Blvd to Highway 111 and desire to specify the terms and conditions under which the PROJECT is to be engineered, constructed, financed, operated and maintained as well as the obligations and responsibilities of the PARTIES. (2) The PROJECT location is jointly owned Forty -Five percent (45%) by LA QUANTA and Fifty -Five percent (55%) by INDIO. (3) The City of La Quinta has applied for and received 2005 Transportation Enhancement Funding for the Project in the amount of $445,190. (4) LA QUINTA agrees to contribute 45% of the estimated Local share cost to complete the PROJECT. The preliminary estimate of the Local Share of PROJECT's cost is $804,189. Therefore, LA QUINTA's contribution is estimated to be $361,136. (5) INDIO agrees to contribute 55% of the estimated cost to complete the PROJECT. The preliminary estimate of the Local Share of PROJECT's cost is $804,189. Therefore, INDIO's contribution is estimated to be $443,053. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: 209 Sertinn I LA QUINTA AGREES: (1) To pay an amount equal to forty-five percent (45%) of the Local Share of PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit "A." (2) To prepare Plans, Specifications and Estimates (PS&E) for the PROJECT. PS&E are to be prepared in accordance with the Standard Plans and Specifications for Public Works Construction, the standards and practices of LA QUINTA and all applicable laws and regulations. (3)To have final design documents and drawings for the PROJECT prepared by or under the direction of a Civil Engineer or Landscape Architect registered and licensed in the State of California, and that the specifications, each set of plans and any reports shall bear the professional seal, certificate and signature of the professional engineer or architect responsible for their preparation. (4) To apply for any necessary encroachment permits for work within the INDIO street right-of-way, in accordance with INDIO standard permit procedures; provided however, that INDIO agrees to cooperate in the issuance of any required permits necessary for the PROJECT as described in Section II below. (5) To advertise, award and administer a public works contract for the construction of the PROJECT improvements. (6) To retain or cause to be retained for audit by INDIO or other governmental auditors for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the PROJECT. (7) Upon completion of the PROJECT, to furnish INDIO a complete set of full-sized reproducible "Drawing of Record" plans and refund any unexpended funds belonging to INDIO. (8) To enter into a maintenance agreement with INDIO, whereby LA QUINTA will maintain and operate the median island landscape from Fiesta Drive to Highway 111. Indio will maintain and operate the median island landscape from Indio Boulevard to Fiesta Drive. A 219 (9) LA QUINTA will pay thirty seven percent (37%) and INDIO will pay sixty three percent (63%) of the maintenance and energy costs for the median island landscape from Indio Boulevard and Fiesta Drive. Section II INDIO AGREES: (1) To pay an amount equal to fifty-five percent (55%) of PROJECT costs for construction, design, engineering, inspection/testing/survey, contingency and administrative costs as described on attached Exhibit „A„ (2) To deposit with LA QUINTA within thirty (30) days of receipt of billing therefore the amount of $443,053 which figure represents INDIO's estimated PROJECT share of the cost of preliminary engineering, construction, construction engineering and administration, as required to complete the PROJECT. In no event will INDIO's obligation for all anticipated costs under this Agreement exceed 115% of INDIO's estimated costs, as listed in Exhibit "A", provided that INDIO may, at its sole discretion, in writing, authorize a greater amount. However, this does not obligate LA QUINTA in any way to provide additional funds for the PROJECT. (3) To issue, free of charge, upon application by LA QUINTA or LA QUINTA's contractor, the necessary encroachment permits for required work within the INDIO streets right-of-way. (4) To enter into a maintenance agreement with LA QUINTA, whereby LA QUINTA will maintain and operate the median island landscape from Fiesta Drive to Highway 111. Indio will maintain and operate the median island landscape from Indio Boulevard to Fiesta Drive. (5) LA QUINTA will pay thirty seven percent (37%) and INDIO will pay sixty three percent (63%) of the maintenance and energy costs for the median island landscape from Indio Boulevard to Fiesta Drive. Sartinn IIII IT IS MUTUALLY AGREED AS FOLLOWS: (1) The total cost of PROJECT is estimated to be $1,249,379. 211 (2) Upon opening bids for construction of the PROJECT, if bids indicate a cost overrun of no more than 15% of the project cost estimate as described in Exhibit "A," LA QUINTA may award the contract. (3) If, upon opening of bids, it is found that a cost overrun exceeding 15% of the construction cost estimate will occur, INDIO, and LA QUINTA shall endeavor to negotiate in good faith to agree upon an alternative course of action. If, after sixty (60) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent and without further action, with each agency sharing incurred costs in accordance with the cost shares as set forth in Section I, Article (1), Section II, Article (1), and Section III, Article (1). (4) All contract change orders exceeding 15% of the bid price for the relevant contract bid items shall be submitted by LA QUINTA to INDIO for review and approval prior to authorization by LA QUINTA to construction contractor. (5) In construction of said work, LA QUINTA will furnish a representative to perform the function of Resident Engineer, and INDIO may furnish a representative. INDIO's representative may consult with LA QUINTA's representative, but LA QUINTA's decision shall be considered final. (6) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. (7) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed will be jointly shared in the ratio of forty-five percent (45%) LA QUINTA, fifty-five percent (55%) INDIO. (8) Neither INDIO nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement unless such damage or liability is the result of INDIO's misconduct or negligence. It is further agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold INDIO harmless from any liability imposed for injury (as defined) by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in " 212 connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from INDIO's own misconduct or negligence. (9) Neither LA QUINTA nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done oir omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, INDIO shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.98) occurring by reason of anything done oir omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement. NOTICES: Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as indicated in the signature blocks which follow: (The remainder of this page is intentionally left blank) .a 213 CITY OF INDIO City of Indio Glenn Southard, City Manager 100 Civic Center Mall Indio, CA 92202 Dated: -32 Ben Godfrey, Mayor ATTEST: -32 Cynthia Hernandez, City Clerk APPROVED AS TO FORM: 0 Edward Kotkin City Attorney CITY OF LA QUINTA City of La Quinta Tom Genovese, City Manager P.O. Box 1504 La Quinta, CA 92247-1504 78-495 Calle Tampico La Quinta, CA 92253 Dated: as Don Adolph, Mayor ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M M. Katherine Jenson, City Attorney 21It EXHIBIT "A" COOPERATIVE AGREEMENT DESIGN AND CONSTRUCTION OF JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS From Indio Blvd to Highway 111 COMBINED INDIO (55%) LA QUINTA (45%) Construction $ 925,295.00 509,467.00 Design $ 92,529.50 $50,946.70 Inspection/Testing/Survey $ 71,710.36 $39,483.69 Administration $ 46,264.75 $25,473.35 SUB -TOTAL: $ 1,135,799.61 $625,370.74 Contingency $ 113,579.96 $62,537.07 SUB -TOTAL: $ 1,249,379.57 $687,907.82 TOTAL ESTIMATED COST: $1,249,379.57 $687,907.82 TE FUNDS $445,190.00 $244,854.50 LOCAL SHARE $804,189.57 $443,053.32 LA QUINTA 45 PERCENT PROJECT SHARE: 361,136.26 INDIO 55 PERCENT PROJECT SHARE: 443,053.32 As of: July 12, 2007 $415,828.00 $41,582.80 $32,226.67 $20,791.40 $510,428.87 $51,042.89 $561,471.76 $561,471.76 $200,335.50 $361,136.26 215 FM It 1 � COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Approval to Award a Contract to Construct the Park Avenue Landscape Improvements, Project Number 2006-15 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 7 STUDY SESSION: PUBLIC HEARING: Award a contract, in the amount of $135,221, to Diversified Landscape Management Inc. to construct the Park Avenue Landscape Improvements, Project No. 2006-15. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding source: RDA Project Area No. 2 $198,004 Considering the low bid in the amount of $135,221, the following represents the anticipated project budget: Construction: Design: Insp/Test/Survey: Administration: Contingency: Total Estimated Cost: $135,221 $15,000 $12,000 $7,500 $28,283 $198,004 Adequate funding is available from unassigned RDA Project Area Number 2 funds to support staff's recommendation. 216 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 landscaping, irrigation, and drainage improvements. On July 3, 2007, the City Council appropriated unassigned RDA Project Area Number 2 funding in the amount of $198,004; approved the Plans, Specifications and Engineer's estimate (PS&E) and authorized staff to advertise for bid the Park Avenue Landscape Improvements, Project No. 2006-15. On July 31, 2007, sealed bids were received for the construction of this project. Diversified Landscape Management, Inc. submitted the lowest responsive bid in the amount of $135,221. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. Contingent upon City Council's approval to award the project August 7, 2007, the following represents the anticipated project schedule: City Council Considers Construction Award August 7, 2007 Sign Contracts and Mobilize August 8 - 31, 2007 Construction (45 working days) September — November, 2007 Project Close-out/Acceptance December 2007 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract, in the amount of $135,221, to Diversified Landscape Management Inc. to construct the Park Avenue Landscape Improvements, Project No. 2006-15; or 2. Do not award a contract, in the amount of $135,221, to Diversified Landscape Management, Inc. to construct the Park Avenue Landscape Improvements, Project No. 2006-15; or .60 217 3. Provide staff with alternative direction. Respectfully submitted, thy R. Jona: so .E. Public Works Direct City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 218 ATTACHMENT 1 Lo O 0 N cc W m z z U W 0 O OC a A O COO p o 00 vo O O 0 p o p O O p p p O O O p p p C G O O O O O O O p p C W O O O v, vi o c o 000000po rr�❑vio vi6 ri o 0 Q W O vl O r O O �❑ Vl W N V f+ �+1 ^ V m N N (A — N V � V z �..% W H) fA Vi (a9 Vl 49 1p H3 69 69 4A 4 cn w 45 Vi Hl sn G FW+ � A W 9 0 0 0 o r o 0 I C 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 o 0 O 0 O 0 o 0 o 0 O 0 O 0 O 0 O 0 L Uo O 0o O O vo P N 0 N 0 N 0 N -% fA o fA 0 O 0 O 0 O 00000000aiP r r N N N N N N M 69 P A V�oPPoo N v� Vi EA — 0 R L [(j O '� O r O O M N N V3 V3 N3 V3 69 (A 69 f5 H V z 0 O O CC O OV O O O V1 N N O O O O O P V W P W m b P O (y m O O N P V1 N V1 N O �O V O O vl �❑ W O I O O b O V1 m V1 N rl N N r P N O O O V1 r V1 vl O r V1 vl GO P P r r P r, � 0 Vi P O J O O — N I L m m V ` W � 69 Vi Vi Vi fA Vi sA y3 M fA � M Vi f9 fA Vf ^ A c W 'a E q y 4 q W O o O 00 O O 0o O O O O O O o vl V �p co O o, O o O o O �nOmm--oo O O P^^ P �n N O V P N O Or N vl V vl N�oo P O 0 L CN U_ O O C O �Q Vl P P O O P vl C P Vi Vi O^ �O m Vl l0 �O �❑ P O W �n P O > CL O 10 O O oo N N V3Y 696969 H3 696969 Vi O 06 z 0 O Nb m O V M N d0' W N b f9 a 00 00 C O O v� O p p p p p p p p p p p p p p p a o0 0 0 0 ,� ,� Oo 0 o OO0000000000000o O E9 fA J vi � sv � � W E9 f9 69 � v. Y3 f9 � Yi Vi A V3 fA cN9 Vi 69 69 fA V3 H3 fA FA F9 N .n h � �� w w w w�� a w w wwwwwwwwwwwwwwww .a O,a� F W � m W W C G Z 3 a a a u G m U U'� u� o E S o ` k a_ a `" y fa �i.� vFy .5 n a❑ '° p 5' q Ni U L m m d�omHR��z�xUocaxm �q U s v ❑m > m m c� t ❑ O :fix O �i �f X X tl tl tl F F F F F tl tl tl❑ G G ❑ A S F ? U q tl 0 0 0 0 0 0 0 O O O O O C y y ^m ^m ^w ^n a� ro w ro ;a Q U U Q � ` N � S N N ^❑ [� � Q V V � y �n �n �n �n �n v� .-- .. vi vi - -- � G UF N O O O .E .5 .5 A a G tl m m m g J q O q q q g q q q q q q q q 'CO g q q q q q o ryO 'Y 'L L 9 Q N Ca N Ca � i a`� � i i 'y i� i i L L i i i t i i i 9 F = O q .❑ ,y' , y' t t .� y0 E- -E -E >>___ Rv,v,v,rs.v.aawccu.u.wwc*.R'� S [- O z �'--N v �n i❑ r oo P o N ^ v�nerooPo ^ N N Nmv N N N vi N �n N roof N N N o m W F 219 Tw�p 4 4v Qumrcv COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Approval to Award a Contract to D&L Wheeler Enterprisers to Construct the Miscellaneous Street Improvements, Project Number 2005-01 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: gh Award a contract, in the amount of $290,582, to D&L Wheeler Enterprises to construct the Miscellaneous Street Improvements, Project 2005-01 . FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Infrastructure Funds: $150,284 Community Development Block Grant Funds (CDBG) $175,010 RDA Project Area Number 1 $77,867 Total Proposed Funding: $403,161 Considering the low bid in the amount of $290,582, the following is the anticipated project budget: Construction: Design: Insp/Test/Survey: Administration: Contingency: Total Estimated Budget: $290,582 $35,000 $ 21, 700 $15,401 $40,478 $403,161 IF 229 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. The project is partially funded with Federal Community Development Block Grant (CDBG) funds and RDA Project Area Number 1 funds. BACKGROUND AND OVERVIEW: Project Locations and Work Descriptions: 1. Calle Tampico Sidewalk and Drainage Improvements-CDBG Project No. 4.LQ034 (North side of Calle Tampico, from Avenida Bermudas to approximately 200 feet east of Seasons Way) In general, the proposed work includes removing and reconstructing existing curbs, gutters, sidewalks, cross gutters and spandrels, drive approaches, access ramps, and asphalt concrete pavement. The work also includes constructing new curb inlet catch basins, gutter depressions, and a Maxwell' Plus Drywell. 2. Eisenhower Drive Sidewalk (East side of Eisenhower Drive, from Avenida Martinez to Calle Tampico) In general, the proposed work includes removing and reconstructing existing curbs and gutters, construction of curb adjacent sidewalk and access ramp, removing and relocating existing irrigation to back of new sidewalk, removing and replacing existing traffic signs, relocating a street name obelisk and, painting crosswalk and pavement markings. 3. Palm Royale Street Improvements (On the east side of Palm Royale, from Rome Drive to Fred Waring Drive) In general, the proposed work includes the constructing curbs, gutters, sidewalks, access ramps, cross gutter and spandrel, asphalt concrete pavement, signing, striping and pavement markings. 4. Simon Drive Medians (In the Center of Simon Drive, from Washington Street to approximately 700 feet east of Washington Street) In general, the proposed work includes the removing the existing median island delineators, constructing a 6" median island curb, stamped colored .41 221 concrete in the median, median landscaping, removing existing striping and placing striping and pavement markings. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP). The Calle Tampico Sidewalk and Drainage Improvements were included within the adopted CIP and scheduled for funding within 2005/2006. The Eisenhower Drive Sidewalk, Palm Royale Street Improvements, and Simon Drive Median Island Modification projects were identified as priorities after the CIP was adopted. On May 15, 2007, the City Council appropriated RDA Project Area Number 1 funds, in the amount of $77,867, which was previously assigned to Sidewalk - Various Locations in the Capital Improvement Plan; appropriated $141,532 from unassigned Infrastructure Funds; approved the plans, specifications and engineer's estimate (PS&E); and authorized staff to advertise for bid the Miscellaneous Street Improvements, Project 2005-01. On July 5, 2007, three sealed bids were received for the construction of this project. D&L Wheeler submitted the lowest responsive bid in the amount of $290,582. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. Contingent upon City Council's approval to award the project on August 7, 2007, the following is the anticipated project schedule: City Council Awards Construction Contract August 7, 2007 Sign Contracts and Mobilize August 7 — 31, 2007 Construction September — December 2007 Project Close-out:/Acceptance January 2008 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Award a contract, in the amount of $290,582, to D&L Wheeler Enterprises to construct the Miscellaneous Street Improvements, Project 2005-01; or 2. Do not award a contract, in the amount of $290,582, to D&L Wheeler Enterprises to construct the Miscellaneous Street Improvements, Project 2005-01; or 3. Provide staff with alternative direction. 222 Respectfully submitted, othy R. Jo ass P.E. Public Work ire: /City Engineer Approved for submission by: z/—'�"' & Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary AN 223 ATTACHMENT C o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a O O O O 8R OO V' N O O W O O O O O O O O O O O O. O O O O O O O O O 8 8 OO OO OO OO p.O O O P O O O O O O O r0.' � � � N =�� v ��.. N N m � •n .+»v � ss rn rn e N ww» C O 00 ��'��58888588888888$888888,858888 8 88$ a o 0 0 0 0 0 0 o g o 0 0 0 0 0 0 0 0 SSSoQ 0000wQ Q�n-wSrn o oo�o w Uo O omoQ- O Nf :9 � Vf oo-o O O W � f9 o N� S O O O Hi r�000 O W O O O Yi N ✓a O W O- O P T :9 m� � OJ qC - b O O 0 0 0 0 0 0 0 0 0 0 0 0 O.O O O O O O O O O O O O O O O O O O O O O O O O vi O O O O O OO m- 7 O N O pp O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O P v U O Vl O Q C O Vi N Nl Q b N Q Q Q 'O O Q O O O NW � N � IC O a Hf ✓f A W 69 Vi f9 � C a r 0 O 0 O 0 O 0 O 0 O 0 O o O SS O S S O S S S S S o 0 0 o e o 0 0 G 8 GG 0 pp 0 0 O S S S O S S o G O p O p O O .. ... 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Q Q H yy -a_b ,obo- - -�_ -Nm��-> om.�moo nmN _ _ _N o .Mov Qb_ mNN... F a - _ N W U N G W c c $ E W n E z W a C y E _ _ F q C� � .� U A F•� O O m >o m p6 c v'c m r qA:a c p c u] CJ 'G x U �Eq ryE v •• U �• m 3 P. ., C O N� .O .`. O w F di O W q M � ° U � a v v a C. t7 � C H y y 6 v� u F w;q v`o Q QUU V e65 S.�f a W V 6ao'v. EOF�Uco Gov rJ 'vU'm �, �F` wc� 5 Ufa �5'm Z-rvmQ �nbra qQo-N MQ��o rvmao N Q �n nor ao.J mQ �n nor no_NmR �n �o� .. 221, c&ty/ 4 XP Qum& y OF COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Approval of the Plans, Specifications and Estimate (PS&E) and Authorization to Advertise for Bid the Avenue 52 Median Island Landscape Improvements, Project No. 2006-03 RECOMMENDATION: Approve the Plans, Specifications and advertise for bid! the Avenue 52 Median Number 2006-03. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Estimate (PS&E) and authorize staff to Island Landscape Improvements, Project The following represents the approved funding and funding sources for the Avenue 52 Median Island Landscape Improvements: RDA Project Area Number 1 Total Funding Available: $ 605,000 $605,000 Based on the Landscape Architect's estimate of probable construction costs, in the amount of $689,996, the following is the estimated project budget for the Avenue 52 Median Island Landscape Rehabilitation Improvements: Design: $60,500 Inspection/Testing/Survey: $53,475 Construction: $689,996 Administration: $30,250 Contingency: $60,500 Total: $894,721 •" 225 As illustrated, a shortfall in the amount of $289,721 exists between the approved project budget and the anticipated construction costs. Because actual bids have not been received, staff is not recommending any adjustments to the budget at this time. Staff will present any necessary funding recommendation along with its award recommendation. CHARTER CITY IMPLICATIONS: The project is presently 100% funded with Redevelopment Agency Project Area Number 1 funds. As such, the project will be bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located on Avenue 52 from Washington Street to Jefferson Street. The proposed landscape improvements will rehabilitate the existing landscaping to include installing new drought tolerant landscape, drip irrigation, and median island lighting. The landscape palette is based on the City Council approved "desertscape" theme for primary image corridors. The project limits were originally approved on Avenue 52, from Calle Rondo to Jefferson Street. The new limits, from Washington Street to Jefferson,Street, are approximately .25 miles longer. Extending the project will allow the City's "desertscape" palette to be installed consistently within the median island. The new limits between Washington Street and Calle Rondo will be bid as an additive alternate to allow✓ the Council flexibility in the construction budget. The Avenue 5"! landscaping has been designed to be compatible with the landscaping theme within the parkway adjacent to the SilverRock Resort. However, the landscaping will be further enhanced once the Landscape Architect for the Phase II SilverRock Resort has completed the overall landscape theme for the Resort. This interim improvement is necessary to clean up the medians in time for the upcoming Bob Hope Classic. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The proposed improvements are included within the adopted CIP and Fiscal Year 2006/2007 budget that was approved on July 17, 2007. .8 226 On October 17, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional landscape architectural services to prepare the Plans, Specifications and Estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Numbers 2006-03 and 2006-09; and appointed a consultant selection committee. On February 6, 2007, the City Council approved a Professional Services Agreement (PSA) with Community Works Design Group (CWDG), in the amount of $62,511, to prepare the Plans, Specifications and Estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Numbers 2006-03 and 2006-09. The PS&E for Avenue 52 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 August 7, 2007, the following is the anticipated project schedule: City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out August 7, 2007 August 8 — September 6, 2007 September 18, 2007 September 19-30, 2007 October — December 2007 January 2008 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Plans, Specifications and Engineer's estimate (PS&E) and authorize :staff to advertise for bid the Avenue 52 Median Island Landscape Improvements, Project Number 2006-03; or 2. Do not approve the Plans, Specifications and Engineer's estimate (PS&E) and do not authorize staff to advertise for bid the Avenue 52 Median Island Landscape Improvements, Project Number 2006-03; or .w 227 3. Provide staff with alternative direction. Respectfully submitted, othy R. J nas o , P.E. Public Works Dire or/City Engineer Approved for submission by: /Arx /" -6-- Thomas P. Genovese, City Manager •' 223 f AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 7, 2007 BUSINESS SESSION: CONSENT CALENDAR: 1;L0 ITEM TITLE: Adoption of a Resolution Declaring Support of the California Building Industry STUDY SESSION: Association's California Green Builder Program PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council declaring the City's support of the California Building Industry Association's California Green Builder Program. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The attached Resolution was prepared for Council consideration as a follow-up to the Council meeting of July 3, 2007. At that meeting, Fred Bell, of the Coachella Valley Building Industry Association, presented the California Green Builder Program. Following the presentation and discussion, Council directed staff to prepare a Resolution in support of the California Green Builder Program and to continue researching similar green building programs and objectives. The attached Resolution declares the City's support of and commitment to the California Green Builder Program but does not initiate or execute program implementation at this time. As stated in the July 3 staff report, the Planning Department continues to actively research programs and gather information that could be of a benefit to the City in further consideration of implementing future green building programs. Staff will continue to keep Council informed on the information received. .b 229 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: �. Adopt a Resolution of the City Council declaring the City's support of the California Building Industry Association's California Green Builder Program; or 2. Do not adopt a Resolution of the City Council declaring the City's support of the California Building Industry Association's California Green Builder Program; or 3. Provide staff with alternative direction. submitted, n, mining Approved for submission by: /, 4 -, * /1�� 4 Thomas P. Genovese, City Manager b. 230 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING SUPPORT FOR THE CALIFORNIA BUILDING INDUSTRY ASSOCIATION'S CALIFORNIA GREEN BUILDER PROGRAM (CGB) WHEREAS, according to recent studies published by the United States Green Building Council, the construction, demolition and operation of buildings in the United States collectively consume up to 37% of the total energy used, 12% of all fresh water supplies, and 40% of all raw materials used in the United States; and WHEREAS, local demands for housing and for associated resources such as energy, water, and wood have grown over the past few years, and will continue to increase in the foreseeable future as the population of the Coachella Valley increases; and WHEREAS, voluntary energy and resource -saving designs for residential construction are cost-effective ways to protect our environment by improving air quality, reducing pollution, and conserving scarce natural resources; and WHEREAS, it is the general desire of the City of La Quinta to ensure that new housing units are built responsibly to minimize adverse economic and environmental impacts; and WHEREAS, the City of La Quinta seeks to promote innovative methods and technologies used in the design and construction of new homes within the community in order to help reduce residential energy and resource consumption; and WHEREAS, the California Building Industry Association has developed a voluntary program to improve building practices and to build "greener" homes; and WHEREAS, the California Green Builder Program (CGB) encourages homebuilders to build homes that use less water and energy than standard homes, reduce the need for lumber and help communities met State recycling goals; and WHEREAS, the City of La Quinta desires to recognize homebuilders who follow CGEI standards of building at least 15% above California Title 24 231 Resolution No. 2007- BIA - Green Builder Program Adopted: August 7, 200'7 Page 2 Energy Efficiency Standards; improve indoor air quality, conserve water and wood, and divert construction waste from landfills. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City Council supports a commitment to the California Green Builder Program and will further consider developing a plan to raise public awareness and promote participation in this program. 2. The City Council directs the staff to work with the Local Chapter of the Building Industry Association to develop a plan to raise public awareness and promote participation in the California Green Builder Program. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August, 2007, by the following vote: IreVI *31 NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: 232 Resolution No. 2007- BIA - Green Builder Program Adopted: August 7, 200'7 Page 3 M. KATHERINE JENSON, City Attorney City of La Quinta, California 233 c&ty/ 4 4 Qumraj COUNCILIRDA MEETING DATE: August 7, 2007 ITEM TITLE: Approval of a Partial Assignment and Assumption Agreement between LRCF SR 1, LCC (formely LDD SilverRock, LLC) and LRCF SR2, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve of an Assignment and Assumption Agreement between LRCF SR1, LLC (formerly LDD SilverRock, LLC) and LRCF SR2, LLC and authorize the Acting City Manager to execute the Agreement and any other necessary documentation. FISCAL IMPLICATIONS: None. LDD SilverRock, LLC, is required to reimburse the City for the cost it incurs in considering the requested transfer and the Assignment and Assumption Agreement. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: LDD SilverRock, LLC, the developer of the SilverRock Resort ("Developer") has requested that 'the City consent to the reorganization of Developer, as described hereinbelow. (LDD SilverRock LLC has recently filed a name change and is now known as LRCF SR1, LLC.) This request relates only to the Development Agreement as it relates to the Boutique Hotel Parcel and the Ranch Villas Parcel (i.e., the parcel with the current temporary clubhouse). As to the remaining parcels, a new entity which is wholly owned by Lowe Enterprises (LRCF SR2, LLC) has been formed to retain the subsequent development rights, although it is anticipated that at a future date, the City will be requested to approve different reorganizations relating to the later phases of the SilverRock Resort development. To document the consent and formalize the .0 234 reorganization of LDD SilverRock LLC into LRCF SR1, and to permit the assignment of the residual rights to an entity wholly owned by Lowe, the City is requested to approve the attached Assignment and Assumption Agreement. The City and the Developer entered into the Development Agreement dated December 6, 2006, pursuant to which Developer has undertaken certain obligations to acquire and develop certain real property within SilverRock Resort ("Project"). The Developer had previously informed the City that it was seeking equity investment capital for the development of the Project. The Developer has advised the City that negotiations with the investment capital sources have been completed. In connection with the equity capital investment, Developer has indicated that it became necessary to reorganize Developer to permit the capital sources to invest in the Project through the Developer. Under the terms of section 7.1.1 of the Development Agreement, no changes in the ownership of the Developer may occur without the consent of the City, with limited exceptions not applicable here. When reorganized, the Developer will have two new members, both of which are managed by a subsidiary of Lowe Enterprises Investment Management, LLC ("LEIM" ). LEIM is a wholly -owned subsidiary of Lowe Enterprises, Inc. The Developer's current manager, LDD SilverRock Manager, Inc., which is also a wholly owned subsidiary of Lowe Enterprises, Inc., will withdraw as manager of Developer, but will continue to manage the first phase of the Project under the terms of a Development and Sales Management Agreement with Developer. Under this agreement, LDD SilverRock Manager, Inc. will be responsible for performance of Developer's obligations under the Development Agreement as to the first phase of the Project. The new members of Developer will be Lowe Resort Community Fund, LLC, which is a commingled real estate investment fund having total investment commitments of $108,000,000 from major institutional investors, and Coinvest SR1, LLC, whose 99.99% investor is a major pension fund (the remaining 0.01 % investor/manager is LEIM). The Development Manager for the Project, the manager of the Developer, and the manager of both of the investors (Lowe Resort Community Fund, LLC and Coinv SR1, LLC) in the Developer are under the common ownership of Lowe Enterprises, Inc., resulting in no change in the day-to-day or long term management of the Project, or the fulfillment of the Developer's obligations under the Development Agreement. As mentioned above;, LRCF SR2, LLC is a wholly owned subsidiary of Lowe Enterprises, Inc. 235 Frank Spevacek of RSG and the City Attorney have reviewed the relevant materials and recommend approval of the transfer and authorization of the Assignment and Assumption Agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve of an Assignment and Assumption Agreement between LRCF SR1 (formerly LDD SilverRock, LLC) and LRCF SR2, LLC, and authorize the Acting City Manager to execute the Agreement and any other necessary documentation; or 2. Disapprove the Assignment and Assumption Agreement. 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: A" A/44 Bret Plumlee, Acting City Manager Attachment: 1. Assignment and Assumption Agreement 2 •• 236 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Manatt, Phelps & Phillips, LLP 11355 W. Olympic Blvd. Los Angeles, CA 90064 Attn: Timi Anyon Hallem, Esq. PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT This Partial Assignment and Assumption of Development Agreement (this "Partial Assignment") is executed by LRCF SRI, LLC, formerly known as LDD SILVER ROCK, LLC, a Delaware limited liability company ("Owner"), in favor of LRCF SR2, LLC, a Delaware limited liability company ("Assignee"), as of the day of , 2007, with reference to the following facts: A. Owner (under its former name) and the City of La Quinta, California, a California municipal corporation and charter city organized and existing under the laws of the State of California, have entered into that certain Development Agreement dated as of December 5, 2006, which has or will be: recorded in the Official Records of the County of Riverside, California (the "DA" B. Owner has been reorganized to admit two new members, Lowe Resort Community Fund, LLC and Coinvest SRI, LLC. C. Owner now desires to assign and transfer to Assignee, and Assignee desires to accept from Owner all of Owner's rights and obligations in, under and to the DA with respect to all of the real property legally described on Exhibit A attached hereto (the "Future Phases Property), which is all of the real property identified in the DA other than the parcels identified therein as the Boutique Hotel Parcel and the Ranch Villas Parcel (together, the "First Phase Properly"). The First Phase Property is legally described on Exhibit B attached hereto. THEREFORE, Owner and Assignee agree as follows: 1. Assignment. Owner hereby assigns and transfers to Assignee all of Owner's rights in, under and to the DA and all of Owner's obligations arising under the DA with respect to (but only with respect to) the Future Phases Property from and after the date hereof. 2. Acceptance and Assumption. Assignee hereby accepts from Owner all of Owner's rights in, under and to the DA and agrees to assume all of Owner's obligations arising under the DA with respect to (but only with respect to) the Future Phases Property from and after the date hereof. 882/015610-0101 833809.04 a08/02/07 ." . 237 3. Performance by Owner. Owner and Assignee acknowledge and agree that all of Assignee's rights under the DA are subject to Owner's compliance with Owner's obligations under the DA with respect to the First Phase Property, and that a default by Owner of Owner's obligations under the DA with respect to the First Phase Property shall constitute a default of "Developer" (as that term is defined in the DA) under the DA and shall give rise to all of the City's rights and remedies for a Developer default thereunder. 4. Further Assurances. Each party hereto hereby agrees to execute any additional documents, and take any further actions necessary to effect or evidence the assignment and assumption set forth in Sections 1 and 2 above. 5. Counterparts. This Partial Assignment may be executed in counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 6. Miscellaneous. This Partial Assignment shall be binding on and inure to the benefit of the parties and their respective successors and assigns. The paragraph headings of this Partial Assignment are for convenient reference only and shall not be used in interpreting this Partial Assignment. 7. California Law. This Partial Assignment shall be governed by and interpreted in accordance with the internal laws of the State of California, without regard to conflict of law principles. 8. Costs of Dispute Resolution. In the event of any action or proceeding brought by any panty against any other parties under this Partial Assignment, the prevailing parties shall be entitled to recover from the non -prevailing parties all costs and expenses, including attorneys' and experts' fees and expenses, in such action and proceeding in such amount as the count may adjudge reasonable. The prevailing parties shall be determined by the court based upon an assessment of which party's major arguments made or positions taken in the proceedings could :fairly be said to have prevailed over the other parties' major arguments or positions on major disputed issues. [SIGNATURES INCLUDED ON FOLLOWING PAGE] 882/015610-0101 833809 04 a08/02/07 -2- M 233 ^3 IN WITNESS WHEREOF, Owner and Assignee have executed this Partial Assignment as of the date and year first above written. "OWNER" LRCF SRI, LLC, a Delaware limited liability company By: Its: "ASSIGNEE" LRCF SR2, LLC, a Delaware limited liability company Its: 882/015610-0101 833809.04 ao8/02/07 -3- 239 STATE OF CALIFORNIA ss. COUNTY OF ) On , 20, before me, , a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Notary Public in and for said County and State (SEAL) STATE OF CALIFORNIA ss. COUNTY OF ) On , 20 , before me, , a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Notary Public in and for said County and State (SEAL) 882/0156100-0101 _4- 'b 240 833809 04 a08/02/07 CONSENT By execution below, the City hereby consents to the above -described reorganization of Owner and to the foregoing assignment. CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the laws of the State of California By: Its: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney City Manager 882/015610-0101 N ^ l 83380904 a08/02/07 -5- L I Exhibit A Legal Description of Future Phases Property [See Attached] [Insert legal for entire property other than Lots 19 and 221 882/01561M101 833809 04 a08/02/07 Exhibit A A- 242 Exhibit B Legal Description of First Phase Property [See Attached] [Insert legal for Lots 19 and 22] 882/015610-0101 833809 04 a08/02/07 Exhibit B 'r•• 2 4 3 Twyl 4 1wQ�W COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Consideration of Community Services Grants and Funding Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Grant Review Committee received $555,810 in requests for consideration. The Committee is recommending funding $110,750 of the $176,007 in available funding leaving $55,257 in the Special Project Contingency account (101-3001- 451.80-01) and $10,000 in Media Promotions account (101-1003-413.55-08) for future consideration. If the City Council were to award grants exceeding the available amounts in the Contingency and Media Promotion accounts, additional funds may be appropriated from the General Fund Reserve account (101-0000- 290.00-00). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Grant Review Committee met with staff on July 23, 2007. The committee reviewed twenty-two grant applications from various local organizations. The Grant Guidelines indicate only non-profit organizations are eligible and are limited to $5,000 in funding. Grant recipients cannot receive consecutive year funding as stated in the City of La Quinta Grant Guidelines (Attachment 1). The exception to consecutive year funding is for requests for City facility rental fees by non-profit organizations. The following table summarizes the requests and Grant Review Committee's recommendation: •v.,; 244 Applicant Applied Committee Recommendation KMIR 6 5,000 3,200 Foundation for the Retarded 5,000 5,000 La Quinta High School Baseball Booster Club 2,500 2,000 Integrated Learning Institute 5,000 2,000 La Quinta High School Girls Tennis Team 3,960 2,000 Operation SafeHouse 5,000 5,000 Soroptomist International 4,050 4,050 Osher Lifelong Learning Institute 11,700 11,700 La Quinta Arts Foundation 20,800 20,800 La Quinta Arts Foundation 25,000 25,000 Jim Murray Memorial Foundation 30,000 10,000 La Quinta Playhouse 50,000 20,000 Palm Springs Women in Film & Television 3,000 0 Sing -Along Productions 5,000 0 Holocaust Education Center 5,000 0 Truman Elem ( McCallum Aesthetic Prog) 5,000 0 Polo America 3,800 0 Community Blood Bank 5,000 0 Coachella Valley Book Festival 5,000 0 Desert Cities Junior Miss 1,000 0 Coachella Valley Community Trails Alliance 5,000 0 East Valley Memorial Foundation 25,000 0 FIND Food Bank 250,000 (A) Man About Town 50,000 (B) 25th Anniversary Sub -Committee Fireworks 25,000 (C) United States Conference on Aids (D) Total 555,810 110,750 (A) Request to be considered at mid -year budget review (B) Funded in FY 06/07 from available Police funds (C) Deferred to a later date (D) No grant application submitted Six funding requests exceeded the $5,000 limit and are being submitted for City Council consideration based upon the recommendations of the Grant Review Committee. ,M.0 24J Grant Requests of $5,000 or Less: Sixteen of the grant requests were for $5,000 or less and are being submitted with this report. The Grants Review Committee has chosen to recommend seven of them for City Council consideration: 1. KMIR 6 for the Teen Driving Foundation (Attachment 2). KMIR 6 for the Teen Driving Foundation is requesting $5,000 to fund a 6-hour clinic that teaches teen drivers automatic responses in emergency situations. KMIR 6 is the major sponsor for these clinics operated by Advanced Car Control. Clinics will be held at the Palm Springs International Airport in March 2008. This organization was previously funded in Fiscal Year 2005-2006. The Grant Review Committee recommended funding for twenty students ($159.00 per student) for an estimated total of $3,200. Funding would come from the Special Project Contingency Account. 2. Foundation for the Retarded of the Desert (Attachment 3). The Foundation for the Retarded of the Desert is requesting $5,000 to construct a wheelchair ramp for a newly constructed mobile unit that is to be used for physical therapy and exercise programs for clients who are medically fragile with limited motor skills, and/or clients who have behavioral problems and need an outlet to reduce over stimulation. The goal is to provide the needed assistance for disabled people to live, work, and play in the communities where they reside. This organization was previously funded in Fiscal Year 1999-2000. The Grant Review Committee recommended funding $5,000 based upon the submittal of receipts for the construction of the ramp. Funding would come from the Special Project Contingency Account. 3. La Quinta High School Baseball Booster Club (Attachment 4). The La Quinta High School Baseball Booster Club is requesting $2,500 to purchase new uniforms for the varsity team and to purchase a new storage pod for storage of equipment. The storage unit will protect current equipment as well as any new equipment to be purchased in future years. This La Quinta High School club has never been funded. The Grant Review Committee recommended funding $2,000. Funding would come from the Special Project Contingency Account. 4. Integrated Learning Institute (Attachment 5). The Integrated Learning Institute is requesting $5,000 to purchase a newer, more efficient copier and computer. The new office equipment would be to assist the director and office staff with efficiency by having office equipment that works well. The students will benefit because reports will be timely. This organization has never been funded. The Grant Review Committee recommended funding up to $2,000 with receipts for the cost of one computer and printer. Funding would come from the Special Project Contingency Account. .r.U` 24 5. La Quinta High School Girls Tennis Team (Attachment 6). The La Quinta High School Girls' Tennis Team is requesting $3,960 to support the girls' tennis team. Funding would pay most of the team costs: registration fees, hotel rooms, and an additional uniform associated with their participation in two out-of-town tournaments. The money will impact members of the La Quinta High School Girls' Tennis Team in helping offset some of the individual and team costs associated with participating on the team. This La Quinta High School Girls Tennis Team was previously funded in Fiscal Year 2005-2006. The Grant Review Committee recommended funding $2,000. Funding would come from the Special Project Contingency Account. 6. Operation SafeHouse, Inc. (Attachment 7). Operation SafeHouse, Inc. is requesting $5,000 to fund a 20-bed emergency shelter where youth will receive shelter and support, with an emphasis on family reunification or other appropriate placements. The primary beneficiaries of support from the City of La Quinta will be runaway and homeless youth and their families. Youth living unsupported in the streets are vulnerable to a variety of unhealthy outcomes such as prostitution, pregnancy, STD's, burglary, drug/alcohol use and malnutrition. Keeping families intact and improving relationships through individual and family counseling is another positive outcome of the shelter. Additional benefit to the community includes a reduction in youth loitering and criminal activity, and savings to law enforcement, child protective services, juvenile justice and health and mental health care systems. This organization has never been funded. The Grant Review Committee recommended funding $5,000. Funding would come from the Special Project Contingency Account. 7. Soroptimist International of La Quinta, Coachella Valley (Attachment 8). Soroptimist International of La Quinta, Coachella Valley is requesting $4,050 to cover the cost of the La Quinta Senior Center rental fees for meetings every Tuesday morning. These meetings allow the Soroptimist Club to continue to service its projects and programs for women and girls. New program this year: Ophelia. Schools, House of Hope, etc., are depending on them for yearly help. This organization was previously funded in Fiscal Year 2006-2007, but may apply for funding again this year because organizations may apply consecutive years when funding is for City facility rental fees by non-profit organizations. The Grant Review Committee recommended funding $4,050 for Senior Center rental fees. Funding would come from the Special Project Contingency Account. Requests exceeding the $5,000 limit: The Grants Review Committee has chosen to recommend five of the requests exceeding the $5,000 limit for City Council consideration: 1. Osher Lifelong Learning Institute, CSUSB (Attachment 9). Osher Lifelong Learning Institute, CSUSB is requesting permission to pay a reduced rental rate of $3,420 to rent the La Quinta Library classroom for classes from -• 24� October 2007 - April 2008 ($75 per day usage fee + $20 setup fee = $95 per day x 12 days per quarter x 3 quarters = $3,420). College of Extended Learning, of which Osher is part of, is a self supporting arm of the University and is thus required to generate all operating funds through class fees, grants, and creative partnerships in the community it services. Allowing Osher to pay this reduced rental rate of $95 per day assists them in providing Osher classes to the La Quinta community at a reasonable rate. Older La Quinta residents' quality of life is enhanced by increased access to university -level courses. This organization utilized the La Quinta Library classroom for classes during Fiscal Year 2006-2007. The Grant Review Committee recommended allowing Osher to pay the $95 per day rate for a payment to the City of $3,420, which reduces the fee for the use of the room $11,700. Funding would come from the Special Project Contingency Account. 2. La Quinta Arts Foundation (request #1) (Attachment 10). The La Quinta Arts Foundation is requesting $20,800 to produce and promote the 26th Annual La Quinta Arts Festival. The nationally recognized La Quinta Arts Festival is a source of pride for La Quinta and its residents. Locals have the opportunity for positive participation as volunteers and all generations come out to view the art, enjoy the Civic Center Campus and other festival amenities. The festival attracts patrons and artists from around the country. Attendance at La Quinta Arts Foundation produced events stimulates local commerce, hotel stays, restaurants, fees, taxes, and supports local service business. The Festival directly returns sales tax and business license fees to City coffers. The Grant Review Committee recommended funding $20,800. Funding would come from the estimated operating surplus. 3. La Quinta Arts Foundation (request #2) (Attachment 11). The La Quinta Arts Foundation is requesting $25,000 to produce and promote two new events: SilverScreen at SilverRock on September 29, 2007, and Blues, Brews, and BBQ on November 3, 2007. These two new events were created with a broader appeal specifically to engage new audiences and draw them to La Quinta. The events were designed to support business during shoulder season periods, with an introduction to SilverRock Resort and SilverRock's event hosting capabilities and the Old Town business district. The Grant Review Committee recommended funding $25,000. Funding would come from the estimated operating surplus. 4. Jim Murray Memorial Foundation (Attachment 12). The Jim Murray Memorial Foundation is requesting $30,000 to sponsor the 9th Annual Jim Murray Invitational Golf Classic at SilverRock on December 3, 2007. Proceeds fund the Jim Murray Memorial Fund for seven $5,000 journalism scholarships; two teams of four players plus one celebrity golfer; team practice round; ten dinner tickets to Murray Scholar -Great Ones Awards Dinner and Silent Auction at Embassy Suites; hosted cocktail reception; live auction with retired NFL referee Jim Tunney as auctioneer; City of La Quinta logo on all tournament -related collateral material; City of La Quinta banner at on -course registration; one tee -sign on course; full page color ad in souvenir jouoglilb 2�1 8 team photos on course; City of La Quinta items for tee prize bags; 10 VIP tickets to the Private Murray Scholars Reception at PGA West. The Grant Review Committee recommended funding $10,000. Funding would come from the Media Promotions Account. 5. La Quinta Playhouse (Attachment 13). The La Quinta Playhouse is requesting $50,000 to provide funds for tent rental, play rights and royalties, set construction and design, permits with the City, trailer rental, marketing, and advertising. Performances will increase the traffic in the Village greatly. The local businesses will be listed in their valley wide publicity, including Palm Springs Life and the Desert Guide; listing on all printed materials; increased involvement with the La Quinta and Palm Desert Chambers; and strategic partnerships with local restaurants and businesses. This organization was funded $50,000 as a line item in the Fiscal Year 2006-07 budget. The Grant Review Committee recommended matching funds up to $20,000 based upon the corporate sponsorships obtained. (Any funding accumulated by the La Quinta Playhouse during 2007 would be counted towards the corporate match. Proof must be submitted to the City in the form of a letter and bank receipt.) Funding would come from the estimated operating surplus ($5,207) and the Special Project Contingency Account ($14,793). Grant Requests not recommended for funding and/or did not meet the criteria in the Grant Guidelines include: 1. Palm Springs Women in Film and Television (Attachment 14). The Palm Springs Women in Film and Television is requesting $3,000 to continue to build and maintain the psfilmoffice.com website on which the City of La Quinta has a banner ad and contact information. Next plans for the site are to build out the "Locations" section and then to begin marketing the site heavily to production companies outside the Coachella Valley. 2. Sing -Along Productions, LLC (Attachment 15). Sing -Along Productions, LLC is requesting $5,000 to pay for general operating expenses, including fees for musicians, performers, sound engineer, printing, promotion, photocopying, etc. Their goal is to provide musical entertainment for seniors and help young performers to get more audience. 3. Holocaust Education Center (Attachment 16). The Holocaust Education Center is requesting $5,000 to help support the operation of the facility, which will feature books and videos on atrocities from the past and present. It is a public service for all high schools and middle schools of Riverside County. 4. Truman Elementary School (McCallum Aesthetic Program) (Attachment 17). Truman Elementary School is requesting $5,000 for their McCallum Aesthetic Program. This program introduces children to the performing arts and the chance to experience live theatre. This program is for the benefit of students in kindergarten through 4th grade. M 5. Polo America (Attachment 18). Polo America is requesting $3,800 to sponsor the Ford Trucks Red, White & Blue Polo & Balloon Festival. Expected attendance is 50,000. Festivities begin on Friday, January 4, 208 and continue until January 6, 2008. The event is to benefit the families of our service men and women from Twenty Nine Palms Marine Corp Base. 6. Community Blood Bank (Attachment 19). The Community Blood Bank is requesting $5,000 to maintain two bloodmobiles that outreach to all local communities to recruit blood donors and to assist in the maintenance of the urgently needed supply of blood. Having needed supplies helps keep costs down, lowering the costs of healthcare to all the people of La Quinta. 7. Coachella Valley Book Festival (Attachment 20). The Coachella Valley Book Festival is requesting $5,000 to pay for equipment and sound rental, advertising, posters, flyers, website, hotel rooms for visiting Celebrity authors, children's competition prizes, and banners: any cost related to mounting this event. Last year, over 8,000 people attended what was a one -day event. This year, as it's now a two-day event, larger numbers are expected to attend. This event is to be held in Palm Springs on November 10 & 11, 2007. 8. Desert Cities Junior Miss (Attachment 21). Desert Cities Junior Miss is requesting $1,000 to purchase needed clothing, shoes, shorts, dress heels, stockings, tickets, hotel for parents, hair accessories, gas, transportation, ball gown, and opening number costume. In order to participate, the items listed above are required. La Quinta will be represented to all participating or viewing the competition, which takes place August 1 - 12, 2007. 9. Coachella Valley Community Trails Alliance (Attachment 22). The Coachella Valley Community Trails Alliance is requesting $5,000 to finance Coachella Valley Community Trails Alliance activities in order to promote and advance the development of a regional trail network in the Coachella Valley. These activities include organized hikes, distributing trail information (including a regional map that is under development), and regional trail planning and coordination. The East Valley Memorials Foundation submitted a request by letter for $25,000 to City Council and it was reviewed at the June 21, 2007 Preliminary Budget meeting. The request was to be used in funding a monument at the Coachella Valley Cemetery to honor deceased members of the Armed Forces. The request was denied by the City Council because the City has its own Veteran's recognition celebration and monument. FIND Food Bank, Inc. (Attachment 23). The FIND Food Bank, Inc. is requesting $250,000 to assist with the construction of a new $5 million warehouse facility in Indio, CA. This facility will be used to increase the amount of storage and refrigeration needed to store food for food assistance. The Grant Review Committee recommended that Council wait until the mid -year budget to consider this. - 259 "Man About Town" Campaign to benefit College of the Desert Public Safety Academy (Attachment 24). Staff has determined that $50,000 is available in the Fiscal Year 2006/2007 Police Budget to pay the "Man About Town" Campaign to benefit College of the Desert Public Safety Academy request for funding. This amount will appear on the August 7, 2007 warrant register pursuant to the Council's direction at the June 21, 2007 Preliminary Budget Meeting. A funding request from the 25" Anniversary Sub -Committee in the amount of $25,000 had been discussed to be included in the Fiscal Year 2007-2008 budget for a 4th of July fireworks show. The Grants Review Committee recommended that this discussion be deferred to a later date. The United States Conference on AIDS Palm Springs 2007 Steering Committee submitted a request by letter to City Council at the June 21, 2007 Preliminary Budget meeting. This request will not receive consideration because as of this report, a grant application was never received by staff from this organization. An informal request has been made from the Coachella Valley Association of Governments to provide bus passes to homeless individuals as a pilot project. This project will come back at a later date. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve funding for one or more of the following organizations: KMIR 6 for the Teen Driving Foundation in the amount of $3,200; Foundation for the Retarded of the Desert in the amount of $5,000; La Quinta High School Baseball Booster Club in the amount of $2,000; Integrated Learning Institute in the amount of $2,000; La Quinta High School Girls Tennis Team in the amount of $2,000; Operation SafeHouse, Inc. in the amount of $5,000; Soroptimist International of La Quinta in the amount of $4,050; Osher Lifelong Learning Institute, CSUSB in the amount of $11,700; La Quinta Arts Foundation in the amount of $20,800; La Quinta Arts Foundation in the amount of $25,000; Jim Murray Memorial Foundation in the amount of $10,000; La Quinta Playhouse in the amount of $20,000; 2. Do not approve funding for one or more of the following organizations: KMIR 6 for the Teen Driving Foundation in the amount of $3,200; Foundation for the Retarded of the Desert in the amount of $5,000; La Quinta High School Baseball Booster Club in the amount of $2,000; Integrated Learning Institute in the amount of $2,000; La Quinta High School Girls Tennis Team in the amount of $2,000; Operation SafeHouse, Inc. in the amount of $5,000; -M_ _ 251 Soroptimist International of La Quinta in the amount of $4,050; Osher Lifelong Learning Institute, CSUSB in the amount of $11,700; La Quinta Arts Foundation in the amount of $20,800; La Quinta Arts Foundation in the amount of $25,000; Jim Murray Memorial Foundation in the amount of $10,000; La Quinta Playhouse in the amount of $20,000; 3. Provide staff with alternative direction. Respectfully submitted, Idie Hylton Community Services Director Approved for submission by: Am- l�4l& �%^ r TTiorrias P. Genovese, City Manager Attachments: 1. Community Services Grant Guidelines 2. KMIR 6 for the Teen Driving Foundation 3. Foundation for the Retarded of the Desert 4. La Quinta High School Baseball Booster Club 5. Integrated Learning Institute 6. La Quinta High School Girls Tennis Team 7. Operation SafeHouse, Inc. 8. Soroptimist International of La Quinta 9. Osher Lifelong Learning Institute, CSUSB 10. La Quinta Arts Foundation (request #1) 11. La Quinta Arts Foundation (request #2) 12. Jim Murray Memorial Foundation 13. La Quinta Playhouse 14. Palm Springs Women in Film and Television 15. Sing -Along Productions, LLC 16. Holocaust Education Center 17. Truman Elementary School 18. Polo America 19. Community Blood Bank 20. Coachella Valley Book Festival 21. Desert Cities Junior Miss 22. Coachella Valley Community Trails Alliance 23. FIND Food Bank, Inc. 24. "Man About Town" Campaign to benefit College of the Desert Public Safety Academy .•..0 . 252 ATTACHMENT 1 F cFM OF TKQ� CITY OF LA QUINTA GRANT GUIDELINES The City of La Quinta offers the Grant Program for Community Services Support and Economic Development/Marketing and Sponsorships. Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Economic Development grant funding would go to organizations that will help strengthen the business community of La Quinta. Marketing and Sponsorships grant funding would go to organizations that would benefit the City of La Quinta in a marketing capacity. Individuals are not eligible for funding through the City of La Quinta Grant Program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible .for funding for the next consecutive year. Requests are limited to an amount not to exceed $5,000. La Quinta service organizations may request funds to be applied directly to rental fees for City facilities for consecutive years without the $5,000 funding limit. Completed grant applications will be initially reviewed by a designated Grant Review Committee who will then recommend consideration of approved grants to City Council. Grant applications will be considered by City Council at the first City Council meetings in August, November, February, and May of each fiscal year. Applications are due three weeks before the scheduled City Council meeting. Applicants will be informed 1-2 weeks prior to the City Council meeting regarding the status of their request. Applications must be typed. Incomplete applications will be returned to the applicant. Organizations requesting "seed" money are required to obtain matching funds from other sources in the same fiscal year before Community Service Grant funds will be released. For more information on the City of La Quinta Grant program, please contact the Community Services Department at (760) 777-7090. 0 253 ATTACHMENT 2 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2007-08 Name of organization: KMIR 6 — Teen Driving Foundation Amount Requested: $5,000 Contact Person: Laurie Nadeau — Director of Business Development Mailing Address: 72920 Park View Drive City: Palm Desert State: CA Zip Code: 92260 501(c)3 Taxpayer I.D. Number: 20-1540806 (Teen Driving Foundation) Date Submitted: Tuesday, July 10, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Services GmACOMMUNITY SERVICES GRANT Application Form 2006.doc .51 254 COMMUNITY SERVICE GRANT RECONCILATION REPORT Due date: 30 days following expenditure ofgrant funds. Final date to submit: July 20, 2007 Organization Name: KMIR 6 — Teen Driving Foundation Name ofperson Completing Report: Laurie Nadeau — Director of Business Development Mailing Address: For KMIR - 72920 Park View Drive, Palm Desert CA 92260 Phone: (760) 568-3636 Mailing Address: For the Teen Driving Foundation — P.O. Box 501414, Melbourne Beach FL 32951 Period of Report (Mo/Yr to Mo/Yr): April 2006 to July 2007 Date your Organization received funds: April 2006 ** Describe your expenditure of Grant Funds: See attached "Statistics " and "Overview"pages Reconciliation: Grant Amount: $ 5, 000 Funds Expended: $ 5, 000 Balance: $ 0 Return unspent funds to "City of La Quinta" by check with this form. **Attach supporting documentation (receipts forpurchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request All questions regarding this form or the grant process should be directed to the Community Services Department at: 777-7090. Mailing address: City of La Quinta, P.O. Box 1504, La Quinta, CA 92247. a..; 255 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) What is the overall purpose or goal of your Organization? One in four teen drivers crash in their first year. This 6 hour clinic teaches teen drivers automatic responses in emergency situations. The clinic was a great success for the past 2 years and we are bringing it once again to the Coachella Valley in March 2008. Our affiliate station in Cleveland tracked the success of the program and the graduating students proved a 77% reduction in teen crashes. Teen car crashes are the number one killer of teens in America. The overall goal of this program is to save teen drivers lives. An overview of the program is attached with this package. 2. How long has your Organization been in existence? KMIR 6 has been in the market for 40 years. The Teen Driving Foundation was formed in 2005. Describe in general the activities or services of your Organization. KMIR 6 is a Journal Broadcast Group company and we are sponsoring the New Driver Car Control Clinic Teen Driving Program. 4. How many people does your Organization currently serve? There are approximately 143,000 TV viewing households in the Coachella Valley and it is estimated that nearly all households have a TV. 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 160 No. of Adults 320 6. How many people served during this Fiscal Year will be La Quinta residents? That depends on the number of teen drivers that register for the clinics. La Quinta is \ affected as all of the teen drivers at one time or another drive though the city of La Quinta. 7. How many paid employees/volunteers does your Organization employ? KMIR has 70+ employees and Advanced Car Control (the company that is running the clinics for us) employs 10 people. During a Car Control Clinic weekend we work with 8 — 10 volunteers that are comprised of families and teens of employees that work for KMIR on a permanent basis. 8. Describe how your Organization is managed and governed. We are a Journal Broadcast Group organization. The Teen Driving Foundation was formed by Advanced Car Control. 256 S..\Community Services\Co unity Services Gmnt\COMMUNITY SERVICES GRANT Application Form 2006.doc 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Dianne Downey General Manager 568-3636 10. What is your annual schedule of events, and during what months does your Organization operate? The New Driver Car Control Clinics ran during year 1 in the month of May and in year 2 in the month of April.....both were quite hot for the volunteers and teen with their families to be on the runway out at the Palm Springs Airport. For 2008, we intend to book the clinics in the month of March 2008. 11. Do you charge admission, membership fees, dues, etc? The cost per teen driver and their family is $159.00 If Yes please describe: 100% of this fee goes to the Advanced Car Control who rum the clinics. 12. What are your other sources of revenue for this funding year? Source Amount Desert Regional (06/07) 5.000 City of Indian Wells (06) 5,000 City of La Quinta (06) 5,000 City of Indio (06/07) 2,500 Indio Youth Task Force/Police Dept.(06/07) 2,500 Riverside County Sheriff (06/07) 2,500 Sunline (in Kind) 8,000 City of Coachella (07) 5,000 Riverside County Supervisor (07) 5,000 Total Needed $ 50,000 Total Received $ 22,500 in each of the years 2006 and 2007 �..� 257 Balance $ 50,000 for 2008 S:\Cot miry Se ces\Community Services Grant\COMMUNITY SERVICES GRANT Application Forth 2006.doc 13. Amount of money requested from the City of La Quinta? $ 5,000 in sponsorship funding and an additional amount (to be determined based on the amount of La Quinta participants) for scholarship. 14. Has your Organization been fimded by the City of La Quinta previously? Yes, in 2006 the City of La Quinta provided $5,000 in scholarship funding as well as an additional $745.00 for scholarships. 15. Please provide the name and address of the bank in which the Organization's funds are kept: Bank of America 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Dianne Downey Jim Prather Title: General Manager Vice -President 17. Please provide, as an attachment, copies of the last three months bank statements as \ well as the last year's December bank statement of the Organization's checking and savings account. We are a corporation ...... I am attaching the information from the Teen Driving Foundation. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used. This unique opportunity to be a Silver Sponsor for the Teen Driving Clinics provides the City of La Quinta with valuable recognition as a community leader. As the Silver Sponsor, the City of La Quinta benefits from exposure to all families in the Coachella Valley as well as getting the message out that the City of La Quinta cares about its community and are prepared to invest in its future and the welfare of its citizens. The City of La Quinta name and logo will appear on all promotional materials in conjunction with the entire event including the KMIR 6 website. 258 S:\Community Services\Community Servicm Grant\COMMUNITY SERVICES GRANT Application Fom 2006.doc 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. Car crashes are the number one killer of all teens in the US and 85% of all teen crashes are attributed to driver error. Not speed. Not drugs. Not alcohol. Here in the Coachella Valley we currently do not have drivers ed in the high schools. This program is so much more than drivers ed. This 6 hour hands-on clinic requires full -parental involvement and has proven statistics in other markets that teen crashes have been reduced by 77% where there are graduates of this program. By 2010, there will be a 70% increase in -teen drivers in the Coachella Valley. This is a life saving initiative and we need this kind of training to help save the lives of our teen drivers. 20. Attach a copy of your Program Operating Budget for the current year. The Teen Driving Foundation is run by Advanced Car Control. We are the main sponsor bringing this to the Coachella Valley. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. •" - 259 ATTACHMENT 3 RICO JUN 2 2 2007 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2007/08 Name of Organization: Foundation for the Retarded of the Desert Amount Requested: $5,000 Contact Person: Gene Rogers Mailing Address: 73 255 Country Club Drive City: Palm Desert State: CA Zip Code: 92260 501(c) 3 Taxpayer I.D. Number: 95 6006700 Date Submitted: June 15, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Smices\Community Smices Grant\COMMUNITY SERVICES GRANT Application Forth 2004.doc M 260 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? The primary mission of the Foundation for the Retarded of the Desert is to increase the choices capabilities and independence of mentally and/or physically challenged persons in the Southern California desert regions of the Coachella Valley and the Morongo Basin by offering vocational training community awareness, recreational opportunities, and development of social and personal skills. The ultimate goal of the Foundation is to provide the needed assistance for disabled citizens to live, work, and play in the communities were they reside. 2. How long has your Organization been in existence? 48 Years 2 Months 3. Describe in general the activities or services of your Organization: The Foundation designs specific programs to meet the special needs of its clients that include: Personal and Social Adjustment, Job Training, Employment, Residential Services and Recreation Programs. Since it was founded, the Foundation for the Retarded of the Desert has been the only non-profit agency in the Coachella Valley nrovidina comprehensive services for adults with disabilities.. 4. How many people does your Organization currently serve? No. of Youth 121 No. of .Adults 592 No. of Seniors 60 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 130 No. of Adults 600 No. of Seniors 65 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 10 No. of Adults 55 No. of Seniors 3 7. How many paid employees/volunteers does your Organization employ? Full time employees 58 Part time employees 212 Volunteers 40 8. Describe how your Organization is managed and governed: Leadership is provided through an active Board of Directors composed of business community and civic leaders who give generously of their time resources, influence and talent The Board of Directors has the responsibility of developing and nurturing donor Executive Director guiding and working closely with program and business service managers •M. , 261 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Christine Murphy President 71335 W Thunderbird Terrace RM 92270 3283285 Michael Gates V President 194 Wild Horse Dr PD 92211 7734004 Nancy Singer Treasurer 6 Yorkshire Court RM 92270 2022838 Cate Ervin Member P O Box 983 RM 92270 2022838 Tina Lopez Member 37043 Palm Date Road RM 92270 2024491 Jim Lunsar Member 40926 Schafer Place PD 92211 3609255 Nicole Roeder Member 42671 Susan Circle PD 92260 773 2422 John Shannon Member 107 Deers rin WayPD 92211 776 6123 Elli To "e Member 48808 Meandering Cloud Street Indio 92201 775 0135 10. What is your annual schedule of events, and during what months does your Organization operate? The Foundation for the Retarded programs are year round. Currently, they run for 51 weeks per year, being closed between Christmas and New Years. The Foundation's business hours are from S a.m. until 4:30 p.m. Monday through Friday except for holidays. Clients participate in the employment programs and/or the adult day center programs from 7.30 a.m. until 2.30 p.m. Monday through Friday except for holidays. Programs through the Recreation Department usually take place in the late afternoon to early evening Transport services usually end between 4 p.m. and 5 p.m., and begin around 6 a.m. Monday through Friday. The exception occurs when clients are transported to and from recreational activities 11. Do you charge admission, membership fees, dues, etc? If Yes please describe: 12. What are your other sources of revenue for this funding year? Source Amount City of Palm Desert $69,040 City of Rancho Mirage $10,800 Riverside County $25,000 Desert Healthcare District $5,730 CalTrans Funding $133,000 Agua Caliente Band of Mission Indians $25,000 Morongo Band of Mission Indians $2,700 McDonnell Family Foundation $16,800 The Webb Foundation $11,556 The Community Foundation $10,000 Henry Bull Foundation $2,500 Wiebe Charitable Trust Foundation $10,000 Champion Volunteer Foundation $6,000 TJX Foundation $5,000 Dyson & Dyson Charitable Foundation $1,605 Yes X No 262 Total Needed $ 8,300 Total Received $ 3,300(qpenting funds Balance $ 5 000 13. Amount of money requested from the City of La Quinta? $ 5 0� 00_ 14. Has your Organization been funded by the City of La Quinta previously? Yes No No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo Bank California 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Title: Gene Rogers Interim Executive Director Robin Keegan Chief Financial Officer Christine Murphy Board President Nancy Singer Board Treasurer 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The need is to secure funding to construct a wheelchair ramp for a newly constructed mobile unit that is to be used for physical therapy and exercise programs for clients who are medically fragile with limited motor skills, and/or clients who have behavioral problems and need an outlet to reduce over stimulation. The Foundation for the Retarded double -wide mobile building was purchased. Rehabilitation equipment will be used in this new mobile unit to introduce physical therapy and exercise programs to the activities offered to clients in the Adult Day Center and the Behavior Management Program. The 263 project to install the mobile unit is almost complete. The asphalt area has been resurfaced, the electrical and water conduits have been installed, the funding for the exercise equipment is expected but the ramp needed to provide access into the unit is still not funded. 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The goal is to pmvide the needed assistance for disabled people to live, work, and play in the communities were they reside. The mobile unit program will provide services for approximately120 people with severe mobility and/or behavior disabilities. Two departments will offer the new program The goal for the Adult Day Center is to provide physical therapy to wheelchair clients as well as, other clients who are either mobile or partially mobile The addition of this program will help increase the motor skills of some clients as well as,provide an exercise -based program for all clients The goal for the Behavior Modification Program is to offer a physical exercise program for clients with behavioral problems Physical therapy will also be provided when needed. Introducing exercise programs will assist clients by providing an outlet to channel their physical activity constructively. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. /)W� Gene Rogers Interim Executive Director 26 ATTACHMENT 4 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: Amount Reauested: Cont City: 501(c)3 Taxpayer I.D. Number: Date Submitted: Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. SACommunity Smices\Community Services Grmt\COMMUNITY SERVICES GRANT Application Form 2006.doc 65 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your rtbC deC In Area+ lnee n ni f MS cv%cl 2 has your OrganizatioT been in existence? _Years _ Months ea 4 i p+Me il f, I general the activities or services of your Organization: Y .j. 4. How many , iple does your Organization currently serve? No. of Youthg3iNo. of.Adults 3 No. of Seniors 0 rerA-v c%Vo caacanes Su Pq*r+ protram) 5. How many people do you intend to serve during this Fiscal Year? No. of Youth`5-5Qo. of Adults 3 No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors As far as we ltnow, *%% riatiexs reS►a n La fauinia 7. How many paid employees/volunteers does your Organization employ? Full time employees _0— Part time employees _�_ Volunteers 5 __b0Qrd ff*MkrS 8. Describe how your Organization is managed and governed: S:\Commmity Services\Commmity Services Gtmt\COMMUNITY SERVICES GRANT Application Form 2006.doc •" , 266 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone ► ► ►hi ) 11 ► 1 ► 1 I r 4. ►.:�1 l' .7 • O =-. 10. What is your ,annual schedule of events, and during what months does your 11. Do you charge admission, membership fees, dues, etc? Yes x No If Yes please describe: 12. What are your other sources of revenue for this funding year? Source A ount SnnC.kOedr ? Total Needed $ Total Received $ Balance $ S:\Community Semicea\Community Services Grant\CONROUNrrY SERVICES GRANT Application Form 2006Aoc ,4..� 267 13. Amount of money requested from the City of La Quinth? $� , bid 14. Has your Organization been funded by the City of La Quinta previously? Yes Y No 15. Please provide the name and address of the bank in which the Organization's funds 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): A it !6►ti I ' A M 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. 18, Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. S:\Community Services\Community Services Gram\COMMl1NITY SERVICES GRANT Application Form 2006.doc •M 11 268 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit.. our jrAt\(0\ . Aft WPM 20. Attach a copy current year. our 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. JoAk you 6o MUA 4r pur GoMiM4410ti . S:\Community Services\Community Services Gram\COMMUNITY SERVICES GRANT Application Fom 2006.Aoc wt .&..� 269 ATTACHMENT 5 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Integrated Learning Institute _ Amount Requested: $5,000.00 Contact Person: _Mrs. Cynthia Moses Mailing Address: _40300 Washington St, U-103_ City: Bermuda Dunes State: _CA Zip Code: _92201 Home Telephone 760.342.3746 Work Telephone_760.772.9019_ E-mail address _ILI@dc.rr.com 501(c)3 Taxpayer I.D. Number: 431175 Date Submitted: 17 July, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 279 CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? To reach children with learning disabilities and to train them to be independent learners in any situation in which they may find themselves. 2. How long has your Organization been inexistence? _17_Years Months 3. Describe in general the activities or services of your Organization: We seek to help children with learning disabilities become independent learners by providing National Institute of Learning Development (MILD) Educational Therapy. We serve children from 7:00 a.m. until 5:00 p.m. Monday through Friday with each child receiving NILD Educational Therapy at least twice a week for two 80-minute sessions. 4. How many people does your Organization currently serve? No. of Youth 21 No. of Adults 0 No. of Seniors 0 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 25 No. of Adults 0 No. of Seniors 0 6. How many people served during this Fiscal Year will be La Quints residents? No. of Youth 8 No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees _2 Part time employees _1_ Volunteers _5_ 8. Describe how your Organization is managed and governed: The organization is governed by an Executive Board with five members who meet monthly. . We have a Director who manages the organization and one full-time educational therapist/administrative assistant. We have one part-time therapist, and plan on training more educational therapists this next year. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Larry Houser 43587 Salerno Ct. 760.345.6478 La Quinta, CA 92253 Cindy Johnson Secretary 41680 Brownstown Drive 760.360.6515 Bermuda Dunes, CA 92203 Bob Kingsbury Vice President 34562 Stage Drive 760.343.3180 Thousand Palms, CA 92276 Cynthia Moses President 30200 Desert Rock Road 760.342.3746 Indio Hills, CA 92241 Debbie Mangus Treasurer 43227 Corte Del Oro 760.772.9768 La Quinta, CA 97753 10. What is your annual schedule of events, and during what months does your Organization operate? Most therapy takes place during the school year. However, some students also come for educational therapy during the summer since their schedules are often more flexible. We have about three community meetings each year to educate the public on learning disabilities. We have an annual fundraiser in the spring. 11. Do you charge admission, membership fees, dues, etc? _X_ Yes No If Yes, please describe: We charge tuition for each student for 60 guaranteed 80 minute sessions for $5,200.00. There are extra fees for applying ($100), preliminary testing ($100) totaling $400.00. is a charge of $100 an hour. registering ($100), materials ($100), and Also, after two hours of consultation, there 212 12. What are your other sources of revenue for this funding year? Source Amount Fund raiser designated for student scholarships $18,000.00 Donations from our newsletter sent quarterly $7,000.00 Speaker fees $1,700.00 Total Needed $ _5,000.00 Total Received $ 0 Balance $ 5,000.00 13. Amount of money requested from the City of La Quinta? $_$5,000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes If so, when X No 15. Please provide the name and address of the bank in which the Organization's funds are,kept: Bank of America 42-095 Washington St. Palm Desert, CA 92211 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Cynthia Moses Director Debbie Mangus Treasurer Ellen Applegate (recently moved to Visalia and to be taken off the account.) •r..1 273 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The office equipment that includes the copier and the Director's computer is old and constantly breaking down and/or needing repair. We will use any money awarded to purchase a newer, a more efficient copier and computer, We are just beginning our fiscal year and have not received funding towards this project. If we do not receive these funds we will probably not purchase the computer and copier equipment. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) The director and office staff will be able to work more efficiently by having equipment that works well. The students will benefit because reports, etc.. will be timely. The quarterly letters which generate donations will be a better quality and completed more quickly, Currently the newsletters must be printed on another copier at another office with the attendant cost involved. 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 274 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 02/13 Return of Organization Exempt From Income Tax Form 990 Udder section 5o1(d), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung benefit trust or private foundation) al me Treseury B CheO d appaCel8k.. ❑ Addresschaa0a ❑ Name clang+ ❑ Initlal realm ❑ final MWM ❑ Amended return ❑ AIxn4Yaal MOW G ► The I year. or Plesse use IRS abetar Palau we. sae epv3rt babto aorta. have to use a copy of this return to Name Number ant strest (or P.O. box If mall is rot delivered to street eddreaa) I RooWsuk6 I ETdepAure marrber City ortewn, stare or country, and ZIP +4 • $edlm 601(olfll erpallitiawb Aral aea7(aJ('1) Innomnpl dra F-M bab mudaRadt a eWro ebd adm"A (Fwm 99D-9M4EM k Check hors ►[... I Atha oWnbeaare gran receipts are namalN net mot• awn SI5,000, The txganamm nee+nolfilo a J Mn waft the IRS; but If Me argantrailm dloosn m fib a return, be 2005 opento Pal rrmcmo p,.No ❑ other (sPOW ► N aflb Jere not applicable to section 027 w9Mhe0arw. We) le this a gawp /etuln Pot amllatn9 ❑ Yes ©Ne H(b) H•y4s `enter m+mber ofa}Illlmn ► nryT Me nil MIIIMes YrJuJNT ❑ V. }7 tb (P'No," 9lladt 7lbt. See Inscrrcllon.) N(d) Ili mle a eeparelC rdtnfn tllee by anFl. n u.. i Group Exam tan Number i M Check P-jXjlf the organization In wttanh Sch. B (Form ago, 99 1 Contributions, gifts, grants, and similar amounts received: a Direct public support • • • • • • .................. • • • • " • • • • Ili 15 2 0 7 b Indirect public support • • • • • • • • . • • • • • • ..... • .. Ib r. Govemmnnt nnntdbutionn (grants) . • • • . • . • . • • • . • • • • . • • • • • • - - ' Ie Total (add lines I a through 10) (cash S 15207 nonshS ) • • • • • .. • • • • . • Ita 2 Program servlce revenue Including government fees and contracts (from Pen VII, line 93) • • • • • • • • • • • • .. 1d J5207 2 49736 3 3 Membership clues and assessments • • • ...... I ..... • • • • • " .... . ...... • • • 4 10 4 Interest on savings and temporary ash investments • • • • • • • • • • • • • • • • • • • ' • • . • . • • . • ' 5 5 Dividends and interest from securities • • • . • • . • • . • • • • • • • • • • • . ' • . ' ... ' . ' . ' . ' ' . • G Gross rents . ..................... • . ................ Pra b Lou: rental expenses ................................ • 6b It e a Net rental Income or (loss) (subtract One eb from line ea) • • • • ... • • • .. • • • • • • • • • • • • • . • .. 7 Other investlnent income (describe ► ) Be Gross amount from sales of assets other (A) Securities (B) Other Se 7 ethan n inventory • .......................... - — Be b Less: cost or other basis and sales expenses • • . • . • . • • Bb o Gain or (lose) (attach schedule) - - - - - - - - • - • • ' • ' ' ' ' Be d Net gain or (loss) (combine line So, columns (A) and (B)) • . • • . • • • • • • • • ' ..... • . ' . ' ' ' ' . • • ed 9 Special events and activities (attach schedule). If any amount is from gaming, check here ► ED a Gross revenue (not including $ Of contributions reported on line 1 a) • • • . • . • • • • ' • ' • • • • . • ' ' ' ' • ' ' • . • 9a b Less: direct expanses other than fundraising expenses ......... • • • • • • • gb e Net Income or (loss) from special events (subtract line Ob from line 9a) • • • .. • .. • .. • • • • • • • • . • • • Be Ills Gross sales of inventory, less retums and allowances • • . • • • • • • • • • • . 10a 11 b Less: cost of goods sold • • • • • • .................. • • • • • • • • • I Ob c Grose profit or (loss) from sales of inventory (attach schedule) (subtract fine 10b from line 10a) . • • . • • • • • • • IBc 11 11 Other revenue (from Part VII, line IMI).................... .... ..... . ..... .... 12 64953 12 Total revenue (add lines 10, 2, 3, 4, 6, 8o, 7, 8d, tic, 10c, and 11) - - • • • • • • • • • • • • • • • • • • • ' • • E 13 Program services (from line 44, column (B)) • • • • • • .............................. • 13 61194 14 p e s e 4 14 Management and general (Rom line 44, column (c)) • • • • • • • • . • . ..... .. • ' • • • • • • • ' • • • . ' 45 Fundrelsing (from line 44, column (D)) • • • • • • .................. • • • • • " - - " " • • • 16 Payments to affiliates (attach schedule) • • - ' • • • • . • • • • • • • • ' .. ............ • • 17 Total expenses (add lines 16 and 44, column (A)) • • ....... is 239 16 I7 614 3 3 A s f 18 Excess or (deficit) for the year (subtract line 17 from line 12) • . • .. • • • • • • • • • • • _ • _ • • • • ::::: ' 19 Not aaacts or fund balances at beginning of year (from line 70, column (A)) - 20 Other changes in net assets or fund balances (attach explanation) • • • • • • • . • • • • • • • • • • • • • • ' • . • 21 Net assets or fund balances at end of year (combine fines 18,19, and 20) • • • • . • • • • • ' • . • • • • • ' . • 18 3520 10 5273 20 21 1 8793 For EEA see Form 2 711 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 03/13 105)INTEGRATED LEARNING INSTITUTE 90—nl04408 Paget Statement of All organizations must complete column (A). Cmurnns (5), (C), and (D) are required for section 501(0)(3) and (� ..A ded7f.V1I nnncramnt charitable trusts but notional for others. (Seethe instructions.) r Y.rYY W.ra. rl. c..aro v1pv...__.._..__••____.._..._..1_.1.. Do not include amounts reported on line 5b, Ilb, 9b, 10b, or 16 of Part I. 1 __-_.. , (A) Total (a) Program services (C) Management and general (D) rundratsing 22 Grants and allocations (attach schedule) . • • • • • • • • (coal) 8 noncash $ ) If this amount includes foreign grants, check here 110-0 23 Specific assistance to individuals (attach schedule) ....................... 24 Benefits paid to or for members (attach schedule) • • • . • za Compensation of officers, directors, etc. • • • • ... • .. 26 Other ssiaries and wages • • • • • • • • • • • • • . • • • 27 Pension plan contributions • • • • • • • • • • • • • • • 28 Other employee benefits ............... • • 29 Payroll taxes ..................... 30 Professional fundraising face • • • • • • • • • • • - 31 Accounting fees . • . • • • • • • • • • • • • • . • • • . 32 Legal fees .................. • • • • • 33 Supplies ...... • • " " " " ...... • • • 34 Telephone • • • • ............. • • • • • • 36 Pastpg*anti shirping ...... • • • • • • • • • • 38 Occupancy ............ • • • • • . • • . 37 Equipment rental and maintenance • . • • . • . • • • • • 38 Printing and publications ................. 39 Travel ......-•••••-•••••......• 40 Conferences. Conventions. and meetings • . • • • • • • • 41 Interest • • • • • • • • • • . • • • • • • • • • • • • • 42 Depredation, depletion, etc. (attach schedule) . • • • . • . 43 Other expenses nut wve.ed above (iternize): A ADVERTISING b BANK SERVICE CHARGES 22 . 23 24 23 16087 160071 26 21699 21699 28 29 30 311 525 52 34 33 3322 3083, 239 34 3 107 07 s6 14766 14766 31 33 3 745 74 4 4 4311 1 25995 436 1 153 153 e CABLE 41b 1 544 544 d CERTIFICATION COSTS a OTHER 43{i1 629 62 43b 1097 1097 f 43i 9 44 Total functional expenses. Add lines 22 through 43. (Organizations completing columns (B}(D), may these totals to lines13.15) • • • • • • • • • • • • • • • • • • 43b , 44 614331 61194 C 239 Joint Costs. Check ►1, IIf you are following SOP 98.2. ! Are any joint costs from a combined educational Campaign and fundraising solicitation reported in (8) Program services? • • . • • • P. UYas U No If "Yes." enter (1) the aggregate amount of these joint costs $ _ _ ; (Iq the amount allocated to Program services $ (111) the amount allocated to Management and general $ ; and (tv) the amount allocated to Fundraising $ tom! Fort 990 (2005) 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 04/13 Form9W(2W5) INTEGRATED LEARNING INSTITUTY Para 111. Statement of Program Service Acco olishmerrts (5� me mstruarons.) Form 990 is available for public Inspection and, for some people, serves as the primary or sole source or rmormauon about a partirAdar organization. Mow the public perceives an organization in such cases may be determined by the information presented on Its return. Therefore, please make sure the return is complete and accurate and ruly describes, in Part III, the organization's programs and ecwmpnena.ouw' What is the organizatlon's primary exempt purpose? ►r:DUCAT IONAL THERAPY All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of firma aarved, publications issued, etc. Discuss achievements that are not measurable. (Saction 501(c)(3) and (4) organizations and 4947(a)(1) nonexempt charitable trusts must also enter the amount of grants and allocations to others.) a PROVIDING LEARNING DISABLED STUDENTS AND ADULTS WITH AN INDIVIDU Program Service Expenses (Ravired for so1(c)(3) and 4947(W )(t) (4aOW., end on LIZED PROGF ENABLE THEN TO BECOME INDEPENDENT LEARNERS. 61194 (Grants end allocations a If thin amount includes foreign grants, chock hero F-L Is (Grants and allocations 8 ) If this amount includes foreign grants, chock here ► c (Grants and allocations $ ) If this amount includes foreign grants, check here ► of (Grants and allocation S ) If this amount includes foreign grants, check here e Other program services (attach schedule) fra.ata and arruearions a ) if this amount includes foroign granta, cheek hom ►�..f f Total of Program Service Expenses (should equal line 44, column (B), Program services) EEA Form 920(2005) _r..1 2f 7 7 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 05/13 FOhngbo(2oo5) INTEQRUED LEARNING INST 90-0104408 Page4 S th Instrucnons ) Bslance Sheets ( ee e Note: where required, attached schedules and amounts within the description column should be for end -of -year amounts Only. (A) Beginning of year (B) End of year 45 Cash - non -interest -bearing • • • • • • • 46 Savings and temporary cash investments - • - • • • ..... • .. 45 8081 46 711 47a Accounts receivable ....... ..... • . • • 47e b Less: allowance for doubtful accounts • • • • • • • • 47b 47c 48 a Pledges receivable • • • • • • • • • • • • • • • • 48a b Less: alimmnz for doubtful accounts . • • • .... 48b 49 Grants receivable ..... • ... • • • ......... • ... .... 48e 49 50 5o Receivables from officers, directors, trustees, and key employees (attach schedule) ••...•••••••••••... •......•... A 51 a Other notes and loans receivable (attach a s e t s vChedula) . . . . . . . . . . . . . . . . . ...... 912 b Less: allowance for doubtful accounts . • • . • • • • 51b 52 inventories for sale or use ..... • ... • • .......... • • • .. • .• 53 Prepaid expenses and deferred charges • • • • • • • • • • • • ... ' 54 Imreabnents- securities (attach schedule) • ........►E]COst nFMV 51c 52 63 64 Son Investments - land, buildings, and equipment: bads ...... • • • • • 55a b Less: accumulated depredation (attach schedule) ...................... 5sb 58 investments- other (attach schedule) • . • • • • • • • • • • • • • • • . • .... 55c 56 674 I and, buildings, and equipment basis • ... • • • • 57a b Less: accumulated depredation (attach schedule) • • • • • ........ • • • . • ..... 67b 56 Omer assets (desonbe ► ) 57c so 69 Total asseb (must equal line 74). Add lines 45 through 58. • • .. • . • • • • • • 69 8792 L Bo Accounts payable and accrued expenses • • • . • . • . • . • • • • • • • • • • 61 Grants payable .................................. 60 61 62 i a b 62 Deferred revenue .•..•.••........... ............. 83 Loans from officers, directors, trustees, and key employees (attach r 1 1 schedule) .................................... 84d Tax-exempt bond liabil0ie9 (attach schedule) 63 64a 64b t b Mortgages and other notes payable (attach schedule) • • • • • • • • . • • • • • • 65 1 65 Other riabilitics (describe ► ) a a 66 Total liabilities. Add ones 60 through 65 • • • • • • • • • • • • 0 66 0 Organizations that follow SFAS 17, check here is- and complete lines 67 through 69 and lines 73 and 74, N F a u t n A d 67 unrestricted • • • . • . • . • . • • • • • • • • • • • • . • • • • • • • • • • • • 68 Temporarily restricted • • ... • ........ • • . • .. • • .... • • • . 69 Permanently restricted ............ • ............. • . • . Organizations that do not follow SFAS 117, check here ► U and 5273 67 1105 88 7687 69 s B complete lines 70 through 74. s a t a 70 Capital stock trust principal. or current funds .. • • • • • .. • • • 71 Paid -in or capital surplus, or land, building, and equipment fund • . • . • • • • . • 70 71 72 a e 72 Retained earnings, endowment, accumulated income, or other funds • . • • • c a T3 Total not assets Vr fund baldness (ado lines 07 through o9 or lined r s 70 through 72; column (A) must equal one 19; column (B) must equal line 21) . • .... • • • • 74 Total liabilities and net assets f fund balances. Add lines 66 and 73 • • • • • • • 527 3 73 8792 5 2 7 3 74 2 EEA mm aav tawv/ -�. 273 07/26/2007 13:58 Form 990 7603459188 ANS TAX SERVICE per Audited Financial Statements Wirth Revenue per PAGE 06/13 5 a Total revenue, gains, and other support per audited financial statements • • • • • • • • • • • • • • • • ' a O9 9 U J to Amounts included on fine a but not on Part I, line 12: 1 Net unrealized gains on investments • • • • . • • . • ' • • • • .. • • b1 2 Donated servims and use uF Facilities • • • • • • • • • • . • .. • ... - 62 3 Reooverlas of prior year grants ....................... b3 A other (specify): hd Add Ones bt through b4......................................... b ... ' . - - - - - - - - ..... c 64953 c Subtract line b from line a ..................... . . d Amounts included on Part I, line 12. but not on line a: 1 Investment expenses not Included on Part I, line Bb • . • . • • . • • . • • • d1 2 Other (specify): d2 it e Add lines dt and d2............................................ Total revenue (Part I, line 12). Add lines c and d • . • ' • • • • • • • • • ...... ' ' ' ' ' ' ' ' ' e 64953 a Total expenses and losses per audited financial statements • • • • • • • . • • ' ' ' . ' ' ' ' ' . ' . ' ' a b Amounts included on line a but not on Part 1, line 17: 1 Donstcd Cervices and use of fadihlae • • .. • • • • • • • • ' • • • • . ' 61 2 Prior year adjustmerds reported on Part I, line 20 • . ' • ' • • • • • . • • .. b2 3 Losses reported on Part I, line 20 • • • . • • • • • • • • • ' ' ' ' • ' . ' b3 4 Other (specify): b4 Add lines lit through M • • • • • • • . • • • • • • • • • • • •... •................ b c Subtract line b from line a ............••••••••I•••••••••• .. ° 61433 d Amounts Included on Part 1, line 17, but not on line a: 1 investnent expenses not Included on Part 1, line 61; • • • • ' • . • • • • • • d1 2 Other (specify): d2 Add Imes d1 and d2........................................... d a Total expansas (Pan I, line 17). Add lines 6 and d • • • • • • • • • • • . • • • • • • ......... a 61433 Current Officers, Directors, Trustees, and Key Employees (List each Posen who woo an effioer, director, .. s.... s,..s a„a„n the war w.en nrhav ware net emmnens2ted.1 (See the instructions.) (A) Norm ano addreW voocandaYalagl� dwolaa tot Of . pw (0) Gompenssnon (or" Paid.� (DDCdeMnb� to �mne atbn lane da Irnse acmrtn MA Ml+ar albWanao CYNTHIA MOSES PRESIDENT C 0 20 ELLEN M APPLEGATE DIRECTOR 0 5 LYNN A HART DIRECTOR 0 2C CYNTHIA S JOHNSON DIRECTOR 0 2 ROBERT D KINGSBURY DIRECTOR 2 0 DEBORAH L MANGUS DIRECTOR C 0 2 EEA 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 07/13 Fonf�990 6 a Enter the total number of officers, directors, and trustees permitted to vote on organization business at board meetings.............................................op. - 6 b Are any officers, directors, trustees, or key employees listed in Form ago, Part V-A, or highest compensated employee$ listed in Schedule A, Part I, or highest compensated professional and other Independent contractors listed in Schedule A, Pen II -A or ii-B, rotated to each other thruugir family or business relationships? If "Yes," attach a statement that Identifies the Individuals end explains the relationship(s) • • • . • . • • . • . 76b a Dh any officers, directors. trustees. or key employees listed In Form 9W, Part VA, or highest compensated employees listed in Schedule A, Part I, or highest compensated professional and other independent contractors listed In Schedule A, Part II -A or II-5, receive compensation from any other organizations, whether tax exempt or taxable, that are related to thla ciganication through common aupervisian or common control? - - - - - - - • lac Note. Related organizations include section 609(a)(3) supporting organizations. If "Yes," attach a statement dust identifies the individuals, explains the relatiunalup between this organization and the other organization(s), and dasoibes the compensation arrangements. Including amounts paid to each individual by each related organization. d Does the or9anlzation have a written conflict of Interest poll . .. • • • • • • • • • • • • ...... • . • • • ..... 76d X i_tv_ B Former Officers, Directors, Trustees, and Key Employees That Received Compensation or Other . Benefits (if any former officer, director, trustee, or key employee received Compensation or other benefits (descnbed below) during the year, list that person below and enter the amount of compensation or other benefits In the appropriate column. see •ru msnumwro.� (/d flame and addraas (0) Leans snd Advances (C) Compensation (p) pnyCeadisns to pnpl , wed ae nee �nenssum lens (fit Fxp�use account erfd ouw ll w 05s e Faiiit,V1; 1 Other information (Seethe inatrudtione.) 76 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detailed description of each activity, • • • • • • ......... • .... • " ......... " ........... • ... 77 Were any changes made in the organizing or governing documents not reported to the IR57 . • • • . • • • • • • ..... If "Yes," Mach a Conformed copy of the changes. IS* Did the organisafinn have unrelated business gross income of $1.000 or more during the year covered by thisretum7........................................................ b If "Yes," has it filed a tax return on Form 990•T for this year? • • . • • • • • • • • • • • • • • • • • • • ...... • • • 7s was mere a liquidation, dissolution, termination, or subssbanliai wnirattiun during the year? if -Yes." attach astatement...................................................... 802 Is the onianization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organizadon? .. • • • • • • • • b If "Yes." enter the name of the organization and chackwhelher It is U exempt or U nonexempt Bin Enter direct and Indirect political expenditures. (See line 81 instructions.) • • • • • • • • • • Iola h rild tha nmanl7aann file Form 1120-POL for this vear? • • • • • • • • ....... • • .. ' ...... • . • Yes No 76 X 77 X 78a X 78b 79 X age X Slit X EEA -- r"onn asu (zuun) A..Q 2 S 0 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 08/13 nn—nn ndnflA Pace7 ^ tad n tit a Did d the organization receive donated seNlces or the use of materials, equipment, or facilities at no charge - • • • BZa X or at oubstentially Joss than fair rental value? • • • • • • • ...... ' ' ' ' ' ' b if ,yes," you may indicate the value of these hems here. Do not include this amount as revenue In Part I or as an expense In Part II. • , , . alb (See Instructions in Part III.) .... • • ..... • .... • ' ..... • • . . 83 a Did the organization comply with the public inspection requirements for returns and exemption applications? 83a X 83b X Is r+ Did the organization comply the disclosure regirimmema relating to quid Pro quo contributions? 84 s Did the Organization safieit any contributions or gills that were not tax deductible? ' • . • • . • ' ' .. . "a X Is If "Yes," did the organization Include with every solicitation an express statement that such Contributions ar .......................34b gifts were not tax deductible? • • • • • • .... • • • .. • • • • • • • • . .............. SSa as Sol(c)(4), (5). or (6) organizations, a Were substantially all dues nondeductible by membera? Is Did the organization make only in-house lobbying expenditures of $2,000 or less? • • • ..... ' • ' . ' ' • • . ' . • • 85b if "Yes" was answered to either 852 or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assesSmerlis, and similar amounts from members • . • • • • . • .. ' • -186f d Section 182(e) lobbying and political expenditures • • • • • • • • • • ' ' • . ' ' • ' • • e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices • ' ' ' f Taxable amount of lobbying and political expenditures (line 85d less 850) • • • • • ' • ..85g g Does the organization elect to pay the section 6033(e) tax on the amount on line 85f? • • • • • • • • • ' ' • h If section 6u33(e)(1)(A) cues notices were seat, does the organisation agree to odd the amount on line 85f to Its reasonable estimate of dues allocable to nondeductible lobbying and political expendituresthe following tax year? 85h for 86 501(0)(7) orgs. Enter: a Initiation fees and capital contributions included on line 12 • • • • Bea Is Gross receipts, Included on line 12, for public USe of dub facilities • • • ' • . • ... • 86b 87 Sol (c)(12) orgs. Enter: a Gross income from members or shareholders • • • • • 97a b dime brWme from other sources. (Do not not amounts duo or paid to ether sources against amounts due or received from them.) • • . • • • • • .... • • . ' . • • 87b 88 At any Units during the year, did the organization own a 50% or greater Interest In a taxable corporation or partnership, d rag eparate from the organization under KegulatlOna sections or an anti disregarded as 6 301.7701-2 and 301.7701.34 If "Yes," complete Part IX • • ' • • . • • • • • . ' • ' • ' • • ' ' ' ' ' • • • . • ' ' 88 sea sai(a)(3) organization*. Enter. Amount of tax impnmad on the organization during the veer under section 4911 ► ; section 4912 ► ; section 4955 ► b 501(c)(3) and 501(c)(4) ergs. Did the organization engage in any section 4958 excess benefit transaction during the year or did it become aware of an excess benefit transaction from a prior yeer7 If -Yes," attach a statement explaining each transaction ' • • • • • • • • • • • • • • • • • • • • ' ' ' ' ' ' ' • . ' • • ' ' ' • • ' ' ' • H8b X c Enter. Amount of tax impnsad on the organization managers of disqualified persons during the year under sections 4912, 4955, and 4958 ............ • • " ' • " ' " ...... • • ........... ► d Enter: Amount of tax on One 890, above, reimbursed by the organization • • • • • • • • • • . • • • • • • ' ' ' ' • ► 90 a List the states with which a copy of this retum is filed ► CAL I PORN IA b Number of employees employed In the pay period that Includes March 12, 2005 (See instructions.) • • . • . • Bob 3 91a Thebooksare incereof ►DEBBIE MANGUS Telephoneno. ► 760-345-9111 lonatedat 00-78078 COUNTRY CLUB DR 108 BERMU ZIP-4 ► 92203-8174 b At any time during the calendar year, did the organization have an Interest In or a signature or other authority over a financial arxxrunt in a foreign country (3uoh as a bank account, ascurilio6 aCCount, or other flnonnial Yes NO account)? ' .......... .. ... .... ....................... . 91b :rX If "Yes; enter Hie name of the foreign country ►See the instructions for exceptions and filing requirements for Form TD Is90.22.1, Report of Foreign Bank and Financial Accounts. a At any time during tho calendar year, din the organization maintain an office outside of the United States? • • ' • • • • • e If "Yes," enter the name of the foreign country ► 92 Section 4947(a)(1) nonexempt charitable Gusts filing Form 990 in lieu of Form 1041 - Chedc here • • • • • • • • • • • • • • • ' 10. L and enter the amount of tax-exempt Interest received or accrued during the tax year . • • • • • • . • ► 192 1 - EEA Form 990 (2005) 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 09/13 Fol1o990(2005) TNTFGRATED LEARNING INSTITUTE 90-110 411 Page" ..,a... I PsitV(I': Anal sir of I co e• rodu in ACP Note: Enter gross amounts unless otherwise Indicated. 93 program service revenue; a PROGRAM FEES b '—... """"" - untelited business booms (A) (0) sualnasa cede Amount Excluded cry aecg0n (C) Exclusion cede 512, 513, Of 514 (D) Amount Retot d Or exempt lundlen Incorre 611600 736 e d e f Ma icamNedlcaid payments ... • • . • . • .. ' g Fees and contracts from government agencies 94 Membership dues and assessments • . ' • . . gs Intereat on eavingo and temporary Cash investments 96 Dividends and interest from securities .. • • • . ' . 97 Net rental Income or (loss) from real eState: a debt -financed Property • .... • .. • . ' ' ' . b not debt -financed property .. • .... • ' .. • 99 Not nentol Income or (IeSs) from personal property 99 Other investment Income • . • • • • . • . • . • - 100 Gain of (loss) from sales of assets other then Invento 101 Net income or (loss) from special events .. • . ' 102 Gross Profit or (Ices) from sales of inventory . . 103 Other revenue: a b — c d a 164 subtotal (add columns (B), (D), and (E)) • • • • • 4 97361 105 Total (add line 104, columns (8), (D), and (E)) . • . ' • • • . ' • .. ' • ' . • . • • .. ' . ' .. ' Notre: Line 105 plus fine 1d, Part 1, should equal the amount on line 12, Part 1. Line No. Explain how each activity for which Income Is reported in column (E) of Part VII contributed Importantly to the accomplishment of the organisation's exempt purposes (other than by providing funds for such purposes). • j Infornrion Regarding Taxable (Ai Name, address, and EIN of corporation, artnershi or disregarded entity SUfy9ldianes an lDl Percentage of ownership interest Ulsre araeu r-U1111111100k�� (C) Nature of activities •••'• • D__ ( ) To :1(1ncome End-cf-year assets eA 15 -pjjfX.j Information Regarding Transfers Associated wRn Personal serene s cnurauw lase Me mans. w'a o-/ (a) ou Ns Oritanittelen, during the veer, rasotve any emds, dhedly Pr vhdraatN, to pay premiums on a persmal bwoM wn0acfl ..... I, I Yes _ No (b) Did the organization, during the year, pay premiums, directly or Indirectly, on a personal benefit contract? - • • • - ❑Y99 U No Note: If "Yes" to (b), file Form 13670 and Form 4720 (see instructions). Under panaelos of Pcrnuy, I dogma rhos I raw sxamtr.ad a,la mtum, mem,ing e,:•..n.rva•y160 xdledules and statements, and to the beef M mY xneMadga and belief. It Is W0, COMOM and complete. Declaration of prepeee (011mthan ordain) le based on all nrarmetlon of which preporer has army knowkdae. Please Sign signature OftannerD°10 Here Ty""Mm nmro m.d Ilse. Data Chedt r PrcParar'a SSN orPTIN (sae Can. Insl VIO Prot sob � f"'j Paid sgnature 'a Use Only FI II nine ((OrYoure ' Use ON6asd loysd) Micros. Ind ZP + 4 L U"i Phone M. ► 2203 760-345-9111 rMA Form 990 (2005) 282 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 10/13 SCHEDULE A (Form 999 or 990-M oepuibinu of ere Tro rf Organization Exempt Under Section 501(c)(3) (Cxcept Private Foundation) and Sedeon 501(e), 601(f), 501(k), 601(n), or 4947(a)(1) Nonexempt Charitable Trust Supplementary Information — (See separate instructions.) MUST be completed by the above organizations and attached to their Fermin 990 0 Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and rSee .._..a 1 nl the InaM.rrinnt list each ono- If there are mane. enter "None.") 2005 ueName end addmea of each employed paid nroro (b)TIlle end eveMe hours ddvoled to %IM Ihaa$50,0W Par p� (a)Compenastion (d) r'iOntm Wlons to anp"a benem plans 8 aadon sowunt and adrer (a) Expensewsak aIIONMides NONE Total number of other employees paid over 950,000 Compensation of the Five Highest Paid Independent Contractors for Professional Services retie nave 2 of the inetruettens. ust each one (whether individuals or firms). If there are none, enter "None.") (s)Neoe Bnd eddrese o(aam Md OndMt ed111ACWr pate mareMen �SD,WO Q*Type of service ( Cam alien NONE Total number of otters receiving over $50,000 for professional services ....... • • • • • • • `. . P -B'I Compensation of the Five Highest Paid Independent Contractors for Other Services (List each contractor who performed services other than professional services, whether indNiduals or A,me- If there ere none- .rear "None " Sea once 2 of the Inatructions.) viName end eddn of each Ind.peMent conbeRM M morc man S50,nOp T of serwee Ko nsolun Total number or other contractors rwmhring over $50,000 for other services • • " . • ► Far PopenowitIWAeAm Ad 110000 me the MesudbroIr PwmNOHIM Faml MW- PEA SaheddeA (Pone 9e0 a99oF-02W5 Ill.- 283 07/25/2007 13:58 7603459188 AMS TAX SERVICE PAGE 11/13 INTEGRATED LEARNING INSTITUTE 90-0104408 Page 2 .is t 1. Statements About Activities (see page 2 of the instructions.) Yes No 1 During the year, has the organization attempted to Innuence national, state, or local legislation, including any attempt to Influence public opinion on a legislative matter or referendum? if "Yes," enter the total expenses paid or incurred In connection with the lobbying activities ►$ (Must equal amounts on lint 38, Pars VIA, or line i of Part VI-B.) .... • ..... r • ...... • ..... • • .......... 1 X Organizations that made an eieetion under Mellon 501(h) by fiing Form 5768 must complete Part VI -A. Other organizations checking "Yes" must complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of lire following acts with any substantial contributors, trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person Is affiliated as an officer, director, trustee, majority owner, or principal beneflciery? (if the answer to any question Is "Yes," attach a detailed statement explaining the transactions.) a Sale, exchange, or leasing of property? • ...... • ........ • • ....... • ..... • ..... b Lending of money or other extension of credit? ... • • • • • • . • • • • ' . ' ' ' ' ' ' ' ' • ' ' • ' ' ' e Furnishing of goods, services, or facilities?. • • ..... • • . • • ..... ' • ' ' ..... • .. ' ' .. d Payment of compensation (or payment or reimbursement of expenses if more than 61.000)? . • . • .. • • • • • a Transfer of any part of its income or saacts? . ..... • • • • • • • • • • ' • • ' " .. • • ...... ' • .. ' • 3a Do you make grants for scholarships, fellowships, student loans, eta? (If "Yes," attach an explanation of how you determine that recipients quality to receive payments.) • • . • ... • • • .... • ' .. ' ..... ' ' • • .. b Do you have a section 403(b) annuity plan for your employees? • • • .. • ..... • • • • • • • . • • ' ' ' ' . c During the year, did the organization receive a contribution of qualified real property interest under section 170(h)? 40 Did you maintain any saparato account for participating dnnom whera donors have the light to provide advice on the use or distribution of funds? -•••••••••••....•....•....•...••.....•••••. b Do you provide credit oounseling, debt management, credit repair, or debt negotiation services? . • . • . • .. • . • . 2a 2b 2c 2d 2e 3a ab 3c 4a ab artFP--Wl Reason for Non -Private Foundation Status (See pages 3 through 6 of the Instructions.) The organization Is not a private foundation becarren it lit: (Please check only ONE applicable box.) 6 n A church, convention of churches, or association of churches. Section 170(b)(1)(A)(t). 6 ❑ A school. Section 170(b)(1)(A)(ii). (Also complete Part V.) 7 (. j A hospital or a cooperative hospital service organization. section 170(b)(1)(A)010. $ ❑ A Federal, state, or local govemment or governmental unit. Section 170(b)(1)(A)(v). 9 ❑ A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(III). Enter the hospitars name, City, and state01008 10 ❑ An organization operated for the benefit of a college or unlverstty owned or operated by a governmental unit. Section 170(b)(1)(A)(iv). (Also complete the support aulledule in Part IV -A.) 112 ❑ An organization that normally receives a substantial part of Its support from a governmental unit or from the general public. Section 170(b)(1)(A)(w). (Also complete the Support schedule in Part IV.A.) 11b ❑ A rAmmtmity trust Section 170(b)(1)(A)(vq. (Also complete the Support Schedule In Part W.A.) 12 © An organization that normally receives: (1) more than 33113% of Its Support from contributions, membership fees, and gross receipts from activities related to its charitable, eta., functions - subject to certain exceptions, and (2) no more than 33 113% of its support from gross investment Income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Suppon Schedule in Part 1V-A.) 13 ❑ An organization that Is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in, (1) lines 5 through 12 above; or (2) section 501(c)(4), (6), or (6), if they meet the test of section 509(a)(2), Check tho box that desclbee the type of supporting organization: ► L ]TYPO 1 r j Type 2 Type 3 Provide the following information about the supported organizations. (See page b at the instructions.) - _-- - I (b) Line number ro (a) Name(s) of supported oantWion(s) from above 14 D An organization organized and operated to test for public safety. Section 509(a)(4). (See page 6 of the instrucUons.) EFA Sdroeaa A(Fun e90 W9e0FA Zoos 98�t 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 12/13 INTEGRATED LEARNING INSTITUTE Schedule A (Form ago or aso-E2) 2005 90-0104408 3 P�rt'N-j Support Schedule (Complete only If you checked a box on line 10, 11, or 12.) Use cash method of accounslng. ,_•....�.:— ram. --mmn Omm thw a^'n,ar in the r,aeh mnthr d of anneuntina. Calendar year or flaeal year beginning In) ► (a) 2004 (b) 2003 (a) 2002 (d) 2001 (0) Total 15 Gifts, grants, and contributions received. (Do not include unusual grants. Gee line 28.) ... 6487 114 G 0 17947 16 Membership fees received • .... • • • • • 0 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of faelikies in any activity that is related to the 45855 104941 o aniution'scharitable etc. purpose 59086 16 Gross Income from interest, dividends, amounts received from payments on securities loans (section 512(s)(5)), rents, royalties, and unrelated business taxable income (1046 section 511 taxes) from businesses acquired 15 by the organization after June 30, 1975 10 10 Not income from unroated buelnece activities not Included in line 18 • • . • 0 20 Tax revenues levied for the organization's benefit and either paid to it or expanded on 6s behalf . ....... • • 0 21 The vahre of snrvicn_e or facilities furnished to the organization by a governmental unit without charge. Do not include the value Of services or facilities generally fumished to the 0 public without charge • • • • • • • • .. • • . 22 Other Income. Attach a schedule. Do not include gain or (loss) from sale of capital assets 0 23 Total of lines 15 through 22 • . • • • • • • • • 65583 57320 122903 24 Line 23 minus fine 17 .. • • • • • • • .. • • 6497 11465 1 1 17962 26 enter1-Aofline 23 • • • • • • • • . • • • • . 63e 579 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24 • • • • • • • • • • ► 26s b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly supported organization) whose total gifts for 2001 through 2004 exceeded the amount shown In line 26a. Do not file this list with your return. Enter the total of all these excess amounts - ► 26b e Total support for section 509(s)(1) teat: Enter line 24, eelumn (0) • - • - - - - - - - - - - - - - - - - - - - - ll� Zoe d Add: Amounts from column (e) for lines: 1s 19 22 26b • • ......... to. 26d 260 a Public Support (line 26c minus line 26d total) ..... & .................. • • • • • • • ► 26f f Public support percentage pine 28e (numerator) divided by line 26c (denominator)) .. • • • • • • • • ► 27 Organizesotts described on line 12: a For amounts Included in lines 16, 18, and 17 that were received from a "alsquallneo person," prepare a list for your records to show the name of, and total amounts received in each year from, each "disqualified person." Do not file this list with your return. Enter the sum of such amounts for each year. (2004) (2003) (2002) (2001) b For any amount Included In line 17 that was received from each person (other than "disqualified persons"), prepare a fist for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described In lines 5 through 11. as well as Individuals.) Do not file uris list wiul your return. After conrpuling the difference between the amount received and the larger amount described in (1) or (2), enter the sum of these differences (the excess amounts) for each year, (2004) (2003) (2002) (2001) e Add: Amounts from column (a) far lines: 15 11947 47 16 17 104941 20 21 . • • • • • • • • • • ► 27c 122888 d Add: Line 27a total • • and line 27b total • - • • . • • • • • • • • ► 27d e Public support (line 27c total minus line 27d total) - - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - ► 270 122088 f Total support for section 509(a)(2) test: Enter amount from line 23, column (e) . • • • • ► I 27T 1 122903 g Public support percentage (line 27e (numerator) divided by line 27f (denominator)) ...... • • • • • • Is, 279 100. % h Investment Income percentage (line 18, column (9) (numerator) divided by line 27f (denominator)) • • • • ► 27h .01 Yo 28 Unusual Grants: For an organization described In line 10, 11, or 12 that received any unusual grants during 2001 through 2004, prepare a Ilot far your r000rds to show, for each year, the name of the contributor, the deft and amount of the grant, and a brief description of the nature of the grant. Do not file this list with your return. Do not Include these grants in line 15. EEA SdradWeA (FWM9W srS9eFZ) 2005 -r,_ 2 8 :) 07/26/2007 13:58 7603459188 AMS TAX SERVICE PAGE 13/13 Form 990 Overflow Statement raeme as ehawn an RaWm OCCUPANCY COSTS 2006 Page 1 Employer Iaemmcsrwn number ATTACHMENT 6 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2007-08 Name of Organization: La Quinta High School Girls Tennis Team Amount Requested: $3960.00 Contact Person: Michael Gates- Head Coach Mailing Address: 79-255 Westward Ho Drive City: La Wnta State: CA Zip Code: 92253 501(c)3 Taxpayer I.D. Number: Not applicable Date Submitted: July 17. 2007 Applications will receive consideration without discrimination because of race, color, religion, seat, age, national origin or disability. 287 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: X_ Community Services Support Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? Our program strives to offer the young ladies of La Ouinta High School the opportunity to compete athletically and grow personally at the highest levels of high school tennis. 2. How long has your Organization been in existence? 13 Years 0 Months 3. Describe in general the activities or services of your Organization: We are a high school girl's tennis team that competes in the Desert Valley League as well as the Southern Section of the California Interscholastic Federation (CIF). 4. How many people does your Organization currently serve? No. of Youth 20 No. of.Adults 2 No. of Seniors 0 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 20 No. of Adults 2 No. of Seniors 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 18 No. of Adults 1 No. of Seniors 0 7. How many paid employees/volunteers does your Organization employ? Full time employees 1 Part time employees 0 Volunteers 1 8. Describe how your Organization is managed and governed: The Head Coach runs the day-to-day operations of the team. he is supervised by the school's Athletic Director and Principal according to guidelines set by the Desert Sands Unified School District and CIF. 283 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Michael Gates Head Coach 73-263 Juniper, P.D. 836-0678 10. What is your annual schedule of events, and during what months does your Organization operate? The tennis season goes from August to December with off-season activites taking place throughout the school year. 11. Do you charge admission, membership fees, dues, etc? Yes X No If Yes please describe: 12. What are your other sources of revenue for this funding year? Source Amount LOHS Athletic Department $400.00 On -campus fundraising $900.00 Various Off -campus fundraising $2239.95 Total Needed $ 7099.95 Total Received $ 3539.95 Balance $ 3960.00 13. Amount of money requested from the City of La Quinta? $ 3960.00 .a_,; 2 8 S 14. Has your Organization been funded by the City of La Quinta previously? X Yes If so, when 2005-06 No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo Bank, San Francisco, CA- Clearing Account 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Donna Salazar Elizabeth Oberreiter Robert Hicks Doug Bluth Title: PrincipaalLQHS Assistant Principal-LOHS Assistant Principal-LOHS Assistant Principal-LOHS 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The money will be used to support the roils' tennis team at La Ouinta High School. It will pay most of the team costs, including registration fees, hotel rooms and an additional uniform associated with our participation in two out-of-town tournaments. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The money will impact members of the LOHS girls' tennis team in helping offset some of the individual and team costs associated with participating on the team. -" 290 ATTACHMENT 7 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Operation SafeHouse Inc. Amount Requested: $5 000 Contact Person: Kathy McAdam Executive Director Mailing Address: 9685 Haves Street City: Riverside State: CA Zip Code: 92503 Home Telephone (951) 351-4418 Work Telephone (951) 351-4418 E-mail address safehouse9aa,aol.com 501(c)3 Taxpayer I.D. Number: 33-0326090 Date Submitted: July 18 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: ✓ Community Services Support Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? Qperation SafeHouse with community supportprovides emergency shelter, intervention and outreach services to runaway, homeless and other youth in crisis. SafeHouse offers youth positive alternatives to becoming victims of the street. How long has your Organization been in existence? 17 Years _ Months 3. Describe in general the activities or services of your Organization: Emergency shelter services for runaway and homeless youth including 14-days of shelter, food clothing counseling (individual and group), on -site public education, social and recreation activities and aftercare. A new shelter, SafeHouse of the Desert is under construction and will open in late 2007 serving the entire Coachella Valley. 4. How many people does your Organization currently serve? No. of Youth 600* No. of Adults No. of Seniors *Current shelter in City of Riverside 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 1,250 No. of Adults No. of Seniors *New Coachella Valley shelter and City of Riverside shelter) 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 35* No. of Adults No. of Seniors *2006 runaway statistics from Riverside County Sher iff s Dept. — 5% of runaways from La Quints, 7. How many paid employees/volunteers does your Organization employ? Full time employees 25* Part time employees 24* Volunteers 43 *does not include employees for new Coachella Valley shelter. 8. Describe how your Organization is managed and governed: The Executive Director is responsible for the operational oversight of the agency, under the direction of a volunteer Board of Directors. An Advisory Council for SafeHouse of the Desert has a number of seats on the Board of Directors, and serves as a community relations and fund-raising arm of the proiect The Advisory Council is composed of community representatives who live and work in Coachella Valley. -a-� 292 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Gary Jeandron Chair, Advisory Council 200 S. Civic Drive Palm Springs 92262 (760) 323-8126 Valerie Hill President 4095 Lemon St. Riverside, CA 92501 (951) 955-2492 Micheal Donner Vice President 4590 Allstate Drive Riverside, CA 92501 (951) 320-1444 Amy Harrison Treasurer/Co-founder 12625 Frederick St. Moreno Valley (951) 784-0066 10. What is your annual schedule of events, and during what months does your Organization operate? SafeHouse of the Desert will be open 365 days per year and provides 24-hour service. 11. Do you charge admission, membership fees, dues, etc? Yes ✓ No If Yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount Department of Health and Human Services $245,000 County of Riverside (Tempom Shelter Grant) $ 75,000 County of Riverside (CDBG) $ 50,000 Desert Cities (CDBG and Community Assistance) $ 66,834 Regional Access Foundation $ 81,000 Foundations $125,000 Fund Raising (Events and Individual Donations) $101,862 Total Needed $ 744,696 Total Received $ 271,750 Balance $ 472,946 13. Amount of money requested from the City of La Quintal $5,000 .•-b 293 14. Has your Organization been funded by the City of La Quinta previously? ✓ Yes If so, when 6/2007 No 15. Please provide the name and address of the bank in which the Organization's funds are kept: City National Bank 3484 Central Ave. Riverside, CA 92506 Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Kathy McAdara Valerie Hill Title: Executive Director President 16. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Over 2,200 youth in the Coachella Valley will runaway from or be thrown out of their homes While most will return after a few days many will become entrenched in "street life" where they are at -risk of criminal activity and severe health and mental health problems SafeHouse of the Desert is a new 20-bed emergency shelter where these youth will receive shelter and support with an emphasis on family - reunification or other appropriate placements. 17. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) The primary beneficiaries of support from the City of La Quinta will be runaway and homeless youth and their families Youth living unsupported in the streets are vulnerable to a variety of unhealthy outcomes such as prostitution, pregnancy, STD's burglary, drug/alcohol use and malnutrition. Keeping families intact and improving relationships through individual and family counseling is another positive outcome of the shelter. Additional benefit to the community includes a reduction in youth loitering and criminal activity, and savings to law enforcement, child protective services juvenile justice and health and mental health care systems. -1b� 294 18. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. See Attached 19. Attach a copy of your Program Operating Budget for the current year. See Attached 20. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. See Attached .. 2 9 ATTACHMENT 8 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES .GRANT FISCAL YEAR: 2004tO4 Name of Organization: Soro Amount Requested:$4�OF CoachellaValley Contact Person: Marsha Willa, presidnpt Mailing Addressp . 0. Box 1081 City: La Quinta State: Calif. Zip Code: 92247 501(c)3 Taxpayer I.D. Number: 33-0054832 Date Submitted: July 20, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. SXommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Fonn 2006.doc COMMUNITY SERVICE GRANT RECONCILATION REPORT Due date: 30 days following expenditure of grant funds. Final date to submit. M ip Alp 2007 Organization Name: snropfimigf, international of LA Quinta - C®achella Valley Name ofperson Completing Report: Anita 2anegeo Mailing Address: P.O. Box 1081 La Quinta alf*gne: 3s8-4Fi4R Period ofReport(WY?toM01Yr): Sept. 06 to June 07 Date your Organization received funds: * * Describe your expenditure of Grant Funds: Use of La Quinta 4eninr renter on Tuesdays 7_00 to 8-10 AM for Soroptimist meetings 36 days oer season @ $112 50 oer meetina Reconciliation: Grant Amount: $ 4,050 Funds Expended: $ Balance: $ Return unspent funds to "City of La Quinta" by check with this form. * * Attach supporting documentation (receipts for purchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request. All questions regarding this form or the grant process should be directed to the Community Services Department at: 777-7090. Mailing address: City of La Quinta, P.O. Box 1504, La Quinta, CA 92247. _0. 29 i' COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? Service programs for the community. Wnrking to anhanra and educate the self image and ability of women and girls. Working together with other organizations for the betterment of La Quinta and its residents. 2. How long has your Organization been in existence? _Years " Months 3. Describe in general the activities or services of your Organization: Holding fundraisers to fund service projects for scholarships, House of Hope for chemically dependant women, Boys and Girls Club La Quinta Unit Benjamin Franklin School, Senior Center, Employment and Educational Programs 4. How many people does your Organization currently serve? No. of Youth 10 o No. of .Adults -ion No. of Seniors 1 5 n 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 125 No. of Adults325 No. of Seniors 150 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth _9r No. of Adults,; n n No. of Seniors 1 s n 7. How many paid employees/volunteers does your Organization employ? No paid - all women volunteers Full time employees Part time employees Volunteers. -i n 8. Describe how your Organization is managed and governed Board of Directors elected by members By-laws - one basiness meeting per month - one Board of Directors meeting per month - two program meetings per month with educational and informative speakers SACommunity Services\Community Services Grant\COMMUN rY SERVICES GRANT Application Fonn 2006.doc _0..' 2 9 ;-: 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Marsha Billa President 48-580 San Dimas L.Q. 564-5219 Sidney Russell Vice President 78-155 Calle Fortuna 771-8071 Elizabeth Clapper ViOePresident 80-090 Via Valerosa 771-2310 Carole Hartle Secretary 44-305 Foxtail Circle 3604814 Robin Brown Treasurere 74-665 Zircon Circle E. 568-0015 10. What is your annual schedule of events, and during what months does your Organization operate? Moc+ingg hpld -- r3, Tna�aday Sept. thry Nine. Annual big fundraiser Golf Tournament in December. House of Hope shower in January - Scholarship presentations in April and May - Making a Difference fo Women luncheon in May. 11. Do you charge admission, membership fees, dues, etc? x Yes No If Yes please describe: Yearly A,— $125 Meeting fees 5 12. What are your other sources of revenue for this funding year? Source Amount golf Tournament $10,000 Othr small fundraisers 11000 Total Needed $ 4, 0550 Total Received $ Balance $ S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Fonn 2006.doc -k1, 29J 13. Amount of money requested from the City of La Quinta? $ 4,050 14. Has your Organization been funded by the City of La Quinta previously? x Yes No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Downey Savings and Loan Highway 111 at Washington La Qummta 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Martha Ri 11s Sidney Russell Carole Hartle Robin Brown Title: ire$®c�a ijfgd Prt<est ident Secretary Treasuer 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. To cover La Quinta Senior Center rental fees for meetings SACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Fotm 2006.doc -99 - 309 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. r,rn;cr•rc nna nroarams+for Women and Girls. New program this yaer Ophelia Schools, House of Hope ,etc. are depending on us for yearly help. 20. Attach a copy of your Program Operating Budget for the current year. Attached 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Attached S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Fonn 2006.doc -� 301 -Z2 ATTACHMENT 9 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Osher Lifelong Learning Institute, Cal State U., Palm Desert Amount Requested: $3,420 Contact Person: Steve McAdams, Program Director Mailing Address: 37-500 Cook Street, City: Palm Desert State: CA Zip Code: 92234 Home Telephone 760-325-5750 Work Telephone 760-341-2883, 14428 E-mail address mcadamss@,csusb.edu 501(c)3 Taxpayer I.D. Number: _33-0644150 State entity (CSUSB's I.D.)_ Date Submitted: July 19, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 303 CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: _X_ Community Services Support Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? To provide stimulating learning opportunities to people age 50 & older through Non- credit University -level courses. Extend resources of Cal State University & improve oualitv of life of our older non-traditional students & encourage lifelong learning 2. How long has your Organization been in existence? _4_Years _ Months 3. Describe in general the activities or services of your Organization: Osher is a member -driven organization offering programs shaped by its members. Courses cover a wide variety of topics & are offered quarterly, usually for an 8 week period. Arts, literature, sciences, technology, history, religion and current events. 4. How many people does your Organization currently serve? No. of Youth _-_ No. of Adults _-_ No. of Seniors _800+ annually 5. How many people do you intend to serve during this Fiscal Year? No. of Youth _-_ No. of Adults _-_ No. of Seniors _800+ annually_ 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth - No. of Adults - No. of Seniors approx.150 or 20% of members 7. How many paid employees/volunteers does your Organization employ? Full time employees _2_ Part time employees approx. 40 Instructors Volunteers _0 Describe how your Organization is managed and governed: One Director and one Administrative Assistant operate program Mon. through Fri. in all 4 locations. Director develops programs. Additional support from main campus. Director reports to the College of Extended Learning's Dean at CSUSB and also has regular meetings with an Advisory Board that is totally composed of Osher members. ,a . 3E 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone N/A The Osher Lifelong Learning Institute does not have an Executive Board since it is a State organization. 10. What is your annual schedule of events, and during what months does your Organization operate? Osher operates on a quarterly basis with roughly 17 classes offered in Winter, Spring and Fall each, and 4 classes in Summer. The 2 La Quinta locations, the LQ Library and Trilogy, offer roughly 8 classes in each of the Winter, Spring and Fall quarters. 11. Do you charge admission, membership fees, dues, etc? _X_ Yes No If Yes, please describe: The Osher program is a membership program. Membership for each quarter is $100, which allows members to take up to 4 classes at any of the 4 locations in the Coachella Vallev. 2 of the 4 locations are in La Ouinta ( LO Library and Trilogy). 12. What are your other sources of revenue for this funding year? Source Amount Endowment Revenue $25,000(very rough estimate) Osher Operations Grant $50,000 Dues Total Needed $ 192,000 Total Received $ _I50,000 (Estimated to receive) Balance $ _42,000 (College of Extended Learning must cover Osher's program revenue shortages ) 13. Amount of money requested from the City of La Quinta? $ _3,4420 (For reduced rental of LQ Library classroom, same as we paid last year. See #17-Needs.) -` 3 0 14. Has your Organization been funded by the City of La Quinta previously? X Yes If so, when 06-07 FY No (Reduced rent of LQ Library classroom Fall 06 & Winter & Spring 07. See #17 Needs) 15. Please provide the name and address of the bank in which the Organization's funds are kept: N/A Funds are maintained as part of the University's account with Wells Fargo. Osher does not maintain a separate bank account. 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: _Sheryl Pytlak _ Deletta Anderson Both contacts are for University's account, not for Osher. Title: _Accounting Director _Accounting Associate Director 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Funds are used for reduced rental of the La Quinta Library meeting room for classes. ($75 + $20 set-up = $95 per day. 12 days per quarter x 3 quarters x $95 per day = $3,420). College of Extended Learning, of which Osher is part of, is a self supporting arm of the University and is thus required to generate all operating funds through class fees, grants and creative partnerships in the community it services. Without support from community organizations, services would be greatly limited. Also, class fees are kept low to encourage student enrollments from all economic levels. Allowing Osher to pay this reduced rental rate of $95 per day, as we did last year, Greatly helps us to continue to provide Osher classes to the La Quinta community. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) Older LQ residents' quality of life is enhanced by increased access to university - level courses. Businesses also profit from Non -La Quinta residents traveling to La Quinta and spending money on lunches and shopping between and after class. -� 3 0 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. N/A (Accounts not separate from other College of Extended Learning and University accounts) 20. Attach a copy of your Program Operating Budget for the current year. See attached one page budget. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. N/A (Osher and College of Extended Learning is a State organization, not a 501(c)3 corp.) 10 3017, ATTACHMENT 10 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: La Ouinta Arts Foundation Amount Requested: Waiver of Fees — approx $20,800 Contact Person: Christi Salamone, Executive Director Mailing Address: 78150 Calle Tampico, Suite 215 City: La Ouinta State: CA Zip Code: 92253 Home Telephone Work Telephone 564-1244 ext. 111 E-mail address christi@lga£corn 501(c)3 Taxpayer I.D. Number: 95-384-2968 Date Submitted: Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Support X Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? To promote and cultivate the arts by developing events and programs to enhance the Quality of life for residents, attempt to engage new audiences moving to the valley and attract visitors to La Quinta and to showcase La Quinta as a cultural tourist destination. 2. How long has your Organization been in existence? 25 Years Months 3. Describe in general the activities or services of your Organization: Providing cultural, learning and self enrichment experiences in the visual arts. 4. How many people does your Organization currently serve? No. of Youth 33,000 No. of Adults 18,000 No. of Seniors 10,000 4. How many people do you intend to serve during this Fiscal Year? No. of Youth 2,000 No. of Adults 20,000 No. of Seniors 12,000 5. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 1,250 No. of Adults 20,000 No. of Seniors 8,000 6. How many paid employees/volunteers does your Organization employ? Full time employees 5 Part time employees 0 Volunteers 300 7. Describe how your Organization is managed and governed: Governed by a volunteer board of directors. Managed by Executive Director on staff. -91 30I: 8. Please provide information on your Executive Board members or contact person: Name Title See attached Home Address Phone 9. What is your annual schedule of events, and during what months does your Organization operate? See attached Year-round operations 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes, please describe: Membership fees with benefits to attend events. General admission to some events, some events free of charge. 12. What are your other sources of revenue for this funding year? Source Event proceeds Total Needed Total Received Balance $ 20_,_,800_ $ 20,800 Amount 13. Amount of money requested from the City of La Quinta? $ 20,800 14. Has your Organization been funded by the City of La Quinta previously? X Yes If so, when [me 15. Please provide the name and address of the bank in which the Organization's funds are kept: Rabobank, 51-290 Avenida Bermudas, La Quinta, CA 92253 -K 3 ? 0 Integrated Wealth Management, 125 E. Tahquitz Canyon Way, Suite 10113, Palm Springs, CA 92262 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Christi Salamone Jim Parrish Mike Fedderly Title: Executive Director Chairman, President Treasurer 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. To produce and promote the 26t" Annual La Quinta Arts Festival. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) The nationally recognized La Quinta Arts Festival is a source of pride for La Quinta and its residents. Locals have the opportunity for positive participation as volunteers and all generations come out to view the art, enjoy the Civic Center Campus and other festival amenities. The festival attracts patrons and artists from around the country. Attendance at LQAF produced events stimulates local commerce, hotel stays, restaurants, fees, taxes, and supports local service business. Festival directly returns sales tax and business license fees to City coffers. 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. -a .. 311 ATTACHMENT 11 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: La Ouinta Arts Foundation Amount Requested: $25,000 Contact Person: Christi Salamone, Executive Director Mailing Address: 78150 Calle Tampico, Suite 215 City: La Ouinta State: CA Zip Code: 92253 Home Telephone Work Telephone 564-1244 ext. I 1 I E-mail address christi(a&,lgaf.com 501(c)3 Taxpayer I.D. Number: 95-384-2968 Date Submitted: July 9, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 2 CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Support X Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? To promote and cultivate the arts by developing events and programs to enhance the quality of life for residents, attempt to engage new audiences moving to the valley and attract visitors to La Quinta and to showcase La Quinta as a cultural tourist destination. 2. How long has your Organization been in existence? 25 Years _ Months 3. Describe in general the activities or services of your Organization: Providing cultural, learning and self enrichment experiences in the visual arts. 4. How many people does your Organization currently serve? No. of Youth 3_,000 No. of Adults 18,000 No. of Seniors 10,000 4. How many people do you intend to serve during this Fiscal Year? No. of Youth 2,000 No. of Adults 20,000 No. of Seniors 12,000 5. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 1,250 No. of Adults 20,000 No. of Seniors 8,000 6. How many paid employees/volunteers does your Organization employ? Full time employees 5 Part time employees 0 Volunteers 300 7. Describe how your Organization is managed and governed: Governed by a volunteer board of directors. Managed by Executive Director on staff. _0 . 31 8. Please provide information on your Executive Board members or contact person: Name Title See attached Home Address Phone 9. What is your annual schedule of events, and during what months does your Organization operate? See attached Year-round operations 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes, please describe: Membership fees with benefits to attend events. General admission to some events, some events free of charge. 12. What are your other sources of revenue for this funding year? Source Event proceeds Total Needed Total Received Balance $ 25�O00 $ 0 $ 25�� Amount 13. Amount of money requested from the City of La Quinta? $ 25,000 14. Has your Organization been funded by the City of La Quinta previously? X Yes If so, when Annually No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Rabobank, 51-290 Avenida Bermudas, La Quinta, CA 92253 314 Integrated Wealth Management, 125 E. Tahquitz Canyon Way, Suite 10113, Palm Springs, CA 92262 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Christi Salamone Jim Parrish Mike Fedderly Title: Executive Director Chairman, President Treasurer 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. To produce and promote two new events; SilverScreen at SilverRock , September 29, 2007 and Blues, Brews, and BBQ, November 3, 2007. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) These new events were created with a boarder appeal specifically to engage new audiences and draw them to La Quinta. The events were designed to support business during shoulder season periods, with an introduction to SilverRock Resort and SilverRock's event hosting capabilities, and the Old Town business district. 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 315 ATTACHMENT 12 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Jim Murray Memorial Foundation Amount Requested: Contact Person: Linda McCoy -Murray Mailing Address: P.O. Box 995 City: La Quinta State: CA Zip Code: 92247-0995 Home Telephone (760) 771-2105 Work Telephone (760) 771-8972 E-mail address Lmecoypr@aol.com Cell: 310-770-4547 501(c)3 Taxpayer I.D. Number: #94-3331025 Date Submitted: July 17, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 16 CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Support _X_ Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The Foundation's goal is to raise funds throughout the year to provide scholarships for second and third year journalism students. The Foundation coordinates a nationwide essay competition, with winners decided by a panel of nationally known journalists. The greater the success of the Foundation's fundraising events, the more financial support it will provide for talented students. 2. How long has your Organization been in existence? _8_Years 3 Months 3. Describe in general the activities or services of your Organization: The annual Jim Murray Invitational Golf Classic raises funds for seven (7) $5,000 journalism scholarships. Twenty-nine universities compete for the JMMF scholarships through a national essay competition. 4. How many people does your Organization currently serve? No. of Youth 56 No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 7 No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth -0- No. of Adults -0- No. of Seniors -0- 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers _30 8. Describe how your Organization is managed and governed: The JMMF office is operated and managed by President/Founder Linda McCoy - Murray, which gives the organization a very personal, hands-on appeal. The JMMF Board of Directors meets three times a year and governs the activities via ongoing email reports from Mrs. Murray and CPA Board member Helene Cohen. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Linda McCoy -Murray Pres/Founder 54-387 Shoal Crk, LQ, Ca 92253 (760) 771-8972 Bill McCoy Vice Pres. 743 24 h PI, #10, Hermosa Beach, Ca 90254 (213) 631-0379 Steve Brener Secretary 6901 Canby Ave., Ste. 105, Reseda, Ca 91335 (818) 398-8039 Michael Palmer, Treasurer, 11601 Wilshire Blvd, 23`d FL, LA, CA 90025 (310) 268-2005 Jeff Bogert Board Member 501 Colorado Ave., Ste. 204, Santa Monica, Ca 90401 (310)395-5025 Helene Cohen Board Member/CPA 100 Powdermill Rd, PMB 225, Acton, Ma 01720 (978)929-9661 Gregory R. Dillon Board Member 431 Dalehurst, LA, CA 90024 (310) 475-1208 Arash Markazi Bd Member/'02 USC Murray Scholar 20178 Allentown Dr, Woodland Hills, Ca 91364 Ph:818-262-7620 10. What is your annual schedule of events, and during what months does your Organization operate? While the golf tournament is our primary fundraising event (December), the JMMF Board will add several smaller events between August 2007 and August 2008 to enhance the JMMF's 10`h Anniversary celebration in the fall of 2008. 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes, please describe: Golf entry fees: Individual, Foursomes, Corporate Sponsorships 12. What are your other sources of revenue for this funding year? Source Amount McCormick Tribune Foundation (due 8/15/07) St. Louis Rams (due 8/15/07) NFL Charities, Inc. (due 8/15/07) American Honda Motor Co., Inc. Newman's Own Foundation, Inc. Total Needed $ 35,000.00 Total Received $ 10,000.00 Balance $ 25,000.00 $5,000 Scholarship Grant $5,000 Scholarship Grant $5,000 Scholarship Grant $5,000 Scholarship Grant $5,000 Scholarship Grant 31( 13. Amount of money requested from the City of La Quinta? $ 14. Has your Organization been funded by the City of La Quinta previously? _X Yes If so, when: December 2005 No 15. Please provide the name and address of the bank in which the Organization's funds are kept: California Bank & Trust, Palm Desert Branch, 73-301 Hwy 111, Palm Desert, CA 92260 (new account opened June 15, 2007) Banc of America Investment Services, Inc., 900 W. Trade Street, Charlotte, NC 28255 (funds currently being transferred to CB&T in Palm Desert) 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Linda McCoy -Murray President Steve Brener Michael Palmer Secretary Treasurer 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The JMMF requests the City of La Quinta's consideration to join the Los Angeles Times and CBS2-TV, Palm Springs, as a $30,000 Presenting Sponsor for the ninth annual Jim Murray Invitational Golf Classic at SilverRock on December 3, 2007. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Ouinta and/or local businesses would be benefited.) -� 31' Benefits to SilverRock Resort and the City of La Quinta from the 2007 event will include: • Proceeds fund the Jim Murray Memorial Foundation (JMMF) for seven (7) $5,000 journalism scholarships awarded annually to college students around the country • Two (2) teams of four (4) players each + one celebrity golfer each on Monday, December 3' (includes Continental breakfast, carts, lunch, on -course refreshments, participation in all on -course contests and tee prize gifts. • Team practice round on Sunday, December 2, 2007, (if desired) • Ten (10) dinner tickets (one table) to Murray Scholar -Great Ones Awards Dinner and Silent Auction, Sunday, December 2, at the new Embassy Suites La Quinta — Hotel & Spa • Hosted cocktail reception • Live auction with retired NFL referee Jim Tunney as auctioneer • City of La Quinta logo on all tournament -related collateral material including JMMF Website and JMMF E-mail blasts; approximately100,000 impressions • City of La Quinta banner at on -course registration provided by tournament • One (1) T-sign on course provided by tournament • Full -page color ad in souvenir journal distributed to 1,000 guests, sponsors and patrons and general JMMF database • TEAM photos on course • City of La Quinta items for tee prize bags • Ten (10) VIP tickets to the Private Murray Scholars Reception, Saturday, December 1, at Residence Club at PGA West -meet the recipients of the 2007 journalism scholarships from around the country and their families, as well as 2007 Great Ones honoree, future NHL Hall of Famer, Luc Robitaille 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. (ATTACHED) 20. Attach a copy of your Program Operating Budget for the current year. (ATTACHED) 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. (ATTACHED) ATTACHMENT 13 CITY OF LA QUIloNTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: _La Quints, PlayHouse Amount Requested: _$50,000 Contact Person: _Reg Centeno Mailing Address: _P.O. Box 1999 City: _La Quints Zip Code: _92247 Home Telephone _396-9490 Work Telephone_574-3717 E-mail address egeenteno@.verizon.net 501(c)3 Taxpayer I.D. Number: _33-0741257 Date Submitted: _July 19, 2007 State: CA _w 321 CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Support X Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? To produce professional theatre in La Quinta's Village and to improve the quality of life for our community. Provide cultural and educational opportunities for children. Assume a leadership role in creating and fostering partnerships with other community and business organizations. To make our programs and events accessible to a diverse audience. 2. How long has your Organization been in existence? 4—Years — Months 3. Describe in general the activities or services of your Organization: A season of four plays from October through April. Productions run between 4-6 weeks. Running Thursday -Sunday evenings. A full Children's production in April. Education classes in theatre arts for children and adults. Various speakers on theatre dark nights. Outreach programs to include at risk youth at our theatre performances. These include the Ophelia Protect and ABC Recovery Program. 4. How many people does your Organization currently serve? No. of Youth 500 No. of Adults 5,000, No. of Seniors 2,500 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 500 No. of Adults _71000 No. of Seniors 31500 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 300 No. of Adults 4,900 No. of Seniors 2,750, 7. How many paid employees/volunteers does your Organization employ? Full time employees _1_ Part time employees 6_ Volunteers _30. 32L 8. Describe how your Organization is managed and governed: The governing body is the Board of Directors supported by the Resource Council. There are bi-monthly board meetings. There are quarterly planning sessions 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Reg Centeno President 77878 Little Eagle Ct. 396-9490 Christine Blydenburgh Secretary 39396 Regency Way 200-3254 Lynn Centeno Treasurer 77878 Little Eagle Ct. 396-9490 10. What is your annual schedule of events, and during what months does your Organization operate? Oct the tent is erected, the season opens Oct. I and closes Apr. 13th We will present four professional plays and education programs throughout. Plays run Thursday -Sunday. We provide education programs and workshops in the summer at alternate locations. 11. Do you charge admission, membership fees, dues, etc? _X_ Yes No If Yes, please describe: Our ticket prices are between $15.00 and $28.00 We have Theatre Members who donate between $100.00 and $500.00 on average. 12. What are your other sources of revenue for this funding year? Source Amount Ticket Sales $80,000. Membership 4,000. _r 323 V 4 Corporate Donations 25,000. Individual/Fundraisers 15,000. Total Needed $ _180,000. Total Received $ _6,000. Balance $ _I74,000. 13. Amount of money requested from the City of La Quinta? $ _50,000. 14. Has your Organization been funded by the City of La Quinta previously? _X Yes If so, when 2005-2006 2006-2007 No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Pacific Western Bank 78080 Calle Estado La Quinta 92247 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Lynn Centeno Treasurer Christine Blydeaburgh Secretary 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The City's funding is key to starting off the season. We will use the fiords for our Tent rental, Play rights and royalties, set construction and design, permits with the -" 3214 City, trailer rental, marketing and advertising. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) We will increase the traffic in The Village greatly, the local business will be listed in our Valley wide publicity, including Palm Springs Life and the Desert Guide, listing on All our printed materials, increased involvement with the La Quinta and Palm Desert Chambers. Strategic partnerships with local restaurants and businesses. 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. r 32 ATTACHMENT 14 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: _Palm Springs Women in Film & Television Amount Requested: _$3,000.00 Contact Person: Denise Duliarry Hay_ Mailing Address: _78-140 Calle Tampico_ City: La Quinta State: CA Zip Code: 92253 Home Telephone _760-564-2112 Work Telephone 760-238-0306 E-mail address: denise@kaswit.com 501(c)3 Taxpayer I.D. Number: EIN-42 1616628 Date Submitted: May 29, 2007_ Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Support _X Economic Development/ Marketing and Sponsorships What is the overall purpose or goal of your Organization? To empower, promote, mentor and provide professional workshops for women in the entertainment and media industries. We also promote the idea of filming in the Coachella Valley (La Quinta) to the entertainment industry. 2. How long has your Organization been in existence? _6_Years _ Months 3. Describe in general the activities or services of your Organization: Provide networking opportunities with entertainment industry speakers, held primarily at the La Quinta Resort. We also host two websites one (womeninfilm.com) geared to promoting local entertainment and media people who are members of women in film, the other psfilmoffice.com acts as a virtual film office for the Coachella Valley, listing over 400 local production related personnel and businesses. This site makes it easy for local producers to find the resources they need and makes the area more attractive and user friendly to production companies who come in from outside the area. 4. How many people (members) does your Organization currently serve? N\&rn6&%-0-I- - No. of Youth 20_ No. of Adults _120_ No. of Seniors 30_ �py�—i110rwCW h- _�_ I c r ,-? r. 5. How many people do you intend to serve during this Fiscal Year? No. of Youth d O No. of Adults SqO No. of Seniors 1'0 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees 0— Part time employees _3_ Volunteers _30� -k. 32 7 8. Describe how your Organization is managed and governed: The organization is managed through a board of 9 directors, a president, officers and a small part time staff. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Denise DuBarry Hay President 49-455 Coachella Drive, LQ 564-2112 Leanna Bonamici VP ? b p_ a'j,s- 9g08 Sherry Halperin Treasurer Q, ..1� �t L' fl- 7co0 - 77/ 10. What is your annual schedule of events, and during what months does your Organization operate? Networking lunches are held every month except for July & August, mixers, professional workshops and seminars are held throughout the year as well as several parties in conjunction with the PS International Fihn Festival and an annual Academy Awards party. 11. Do you charge admission, membership fees, dues, etc? _X_ Yes No If Yes, please describe: We charge annual dues to join pswift, the dues vary depending on the level of membership one chooses to join at. We currently have 170 members. 12. What are your other sources of revenue for this funding year? Source Amount General Motors $3,400 - $15,000 The city of Desert Hot Springs $3,000 Educational workshops $20,000 New Members ? Other Corporate sponsorships Other City sponsorships 7 -10 32'-z Total Needed $ _50,000.00 Total Received $ 30,000.00_ Balance $ _20,000.00 13. Amount of money requested from the City of La Quinta? $ _3,000 14. Has your Organization been funded by the City of La Quinta previously? X Yes If so, when 7/06 No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Pacific Western Bank — 74-750 Highway I I I — Indian Wells, CA 92210 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Denise DuBarry Hay. Sherry Halperin Title: President Vice President 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. These funds are used to continue to build and maintain the psfilmoffice.com website on which the city of La Quinta has a banner ad and contact information for the city of LaQuinta. Next plans for the site are to build out the "Locations" section and then to begin marketing the site heavily to production companies outside the Coachella Valley. The banner ad has received a total of 39,000 unique views since it went live last July to a targeted audience of entertainment related professionals. This was done with very little but efficient media spending. M i 2(' v 18. Goal Statement: Indicate who will benefit from the use of these fends, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) These funds will in the long run benefit the entire community. At first the beneficiaries will be the individuals and businesses who list themselves on the psfilmoffice.com site but the goal is to use this site to attract the attention of production companies outside the valley. The more production done here, the better the chances of those productions being seen on television and in films which can ultimately have a positive impact on tourism. 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. -W.330 ATTACHMENT 15 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2007-08 Name of Organization: Sing -Along Productions, LLC Amount Requested: $5000.00 Contact Person: Jim Borax Mailing Address: 38180 Del Webb Blvd. PMB 45 City: Palm Desert State: Ca. Zip Code: 92211 501(c)3 Taxpayer I.D. Number: 95-4699433 Date Submitted: May 27, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age,. national origin or disability. S:\Community Services\Community Services (}rant\com NNrry SERVICES GRANT Application Form 2006.doc -b 331 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) What is the overall purpose or goal of your Organization? Musical entertainment of seniors. 2. How long has your Organization been in existence? 10 Years _ Months 3. Describe in general'the activities or services of your Organization: We provide multi faceted entertainment including asing-along of "standal 4. How many people does your Organization currently serve? No. of Youth No, of .Adults No. of Seniors 100-200 seniors per event 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors 500-1000 seniors per year 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors Unknown 7. How many paid employees/volunteers does your Organization employ? Full time employees _ Part time employees 8 Volunteers 3 8. Describe how your Organization is managed and governed: Jim Borax is principle partner. He is responsible for securir musicians & S:\Community Suvi"S\Community Service Grant\COMMUNITY SERVICES GRANT Application Forth 2006.doc 33L 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone or 310/ 562-3133 cell 10. What is your annual .schedule of events, and during what months does your Organization operate? 1-2 events per mo. We generally schedule events September - June. 100-200 per event 11. Do you charge admission, membership fees, dues, etc? Yes No If Yes please describe: Depending on the event, admission ranges from $15-$30 pp We also work on a 'flat fee' arrangemenF per event 12. What are your other sources of revenue for this funding year? Source Amount If we don't obtain the grant, any 'other sources' will be on a negotiated basis per program. Total Needed $ $5000 Total Received $ Balance $ S (Community Scrvwes\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc -1w 333 13. Amount of money requested from the City of La Quinta? $ $5000 14. Has your Organization been funded by the City of La Quinta previously? Yes X No - 15. Please provide the name and address of the bank in which the Organization's funds are kept: Union Bank of California 16. Please provide the name and title of those .individuals authorized to sign on the Organization's account )must provide at least two individuals): Title: 100-200 per event James Borax Principal Partner Sheri Borax Asst. Manager 17. Please provide, as an attachment, copies Of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. We need funds to pay for general operating expenses, including fees for musicians, goal is to provide SICommunity ServiceslCommunity Services GranACOMMUNITY SERVICES GRANT Application Form 2006.doc _G , 3 3 -'t' 19. Goal Statement: Indicate who will be from the use of these funds, and how they will benefit. Senior musicians, young, struggling entertainers &performers and seniors will 20. Attach a copy of your Program Operating Budget for the current year. 21, Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 100-200 per event Pr S:lCommunity ServicestCommwity Services GrmniCOMMUNITY SERVICES GRANT Applicmon Form 2006.doc 33 ATTACHMENT 16 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2007/08 Name of Organization: R d L v Ctv u S 7— 4' O u C rz r1 u.r/ cc--.v Amount Requested: Contact Person: Fi414«= Mailing Address: iv co+-O't" City: i?aycao MCRdic-E State: Zip Code: 501(c)3 Taxpayer I.D. Number: Date Submitted: Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:1Ct0n Wd1y Setvicu Cow nity Services Gra0L=hCAUNnl SERVICES GRANT ApplieWem krm 20(a.Eoc -09 33C COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? 76 EDacm re c,vlco/fC,va--d #ov-Lrs 1,7crKit: s7r3our- �rR b o TR T-0 B R r Ale- ,,r/ e /// L o /? C A/ r/P a /N r(dG/� 6/rl� nF ry�kS�O& 6OUA/7'f/ /3 7f�F l3kScor4i7s Toff y ftF�ru tv/ar�r� s o,-,o(( of 6-,krnco1'r04=5, 2. How long has your Organization been in existence? k�Y'ears x=4Mouths curac ' !J' 1=��1j /1�YRkeP7 �-s3iGoT�y 3. Describe in general the activities or services of your Organization: /7/(i/LL /$� /F J°al3e �C /f[//L� , ,efllozyer*feCf�L /S/>'F7lP�! Fcz-M a- ar-i,f /v(0ccsF Ty SC'9'T8`/ eA' 0RAW 4. How many people does your Organization currently serve? #bL Y/C a scWOO L 5 a..-.( wl-e .4--d�..l!o*rC+- -e No. of Youth No. of .Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? w c�u CcG - a,� No. of Youth No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? •7-YLn^.v� G/i.�oCLc.-- a.,..if .SccCcc�� No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? /"jatu..•. , /'M/ Full time employees 3— Part time employees _ Volunteers B. Describe how your Organization is managed and governed: 9149 13-Fc%1514 / WiLC- o /,-,o.5 d r= e/,//I-/7 7F ti /5-/?0 / /Vt c rA+'C— / P,E57e ll> ,F rw as 7-,K _ ?"d -rl+cF e-15AITF,0q %t'ie-if #I S y1r-roc, C !�c/✓ rMfNC- PAYst� Sr'/LL S1C0&Vrr SerACeMComoUftl[y Servicq Gra L COIvMMUNn'Y SERVICES GRANT AppncaQoa Form 20044u: � � y PL v-egr ,�rsf/e td ! n/ Yds(O i.a/ 33 9. Please provide information on your Executive Board members or contact person: Nameitle Home Address Phone �t-I L CRr"r/= A? /0 F/v`r at�Fpr/f1-0 �/� `766 Afpfnvl l0. What is your annual schedule of events, and during what months does your Organization operate? F'RO n( To .74e xl<F S= # 6 -'V YeI9v j. 11. Do you charge admission, membership fees, dues, etc? _ Yes Q No if Yes please describe: W62 U�e21 P/�4/ �v? �sF� �uS �/P��'S•no.�z�ivriw✓ EK+rM .�rxe•� ecEruoL _To 7--4,r CC--,vrr=q 12. What are your other sources of revenue for this funding year? Source !°tu f✓R��ygTF.Jo�vario.ds Amount Total Needed Total Received $ Balance $ 2 S S'Cummunhy Servk zlComm ty Services : ranOCOMMUMY SERVICES GRANT Appwkd m Fb+m 20W.dx 33 VOIVV/LVVI IB VY rnA 13. Amount of money requested from the City of La Quintal S 14. Has your Organization been funded by the City of La Quinta previously? Yes 'Y No 15. Please provide the name and address of the bank in which the Organization's funds are kept: u/p-Lcg jf4�G-4 /3j9Ay'/u/ Rta,v'(t4u ,ter>PPv-/F C /7 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Title: pRC-Sf1'JrNr S,rc"rani 17. Please provide, as an attachment, copies of the lase three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded, al?,7yr al,,-t, yL/o $,,tPro Nr"7j/r p,n�/?r�Ttvr/ Pl�iY1, h��rr?gip /4 S'r(tt. 6�41ia/6- dN tN R 14""41-7 IW I S tea' c S:\CommiarhySa�'imP Com=nay SQ Icm Gnnr.CnMo. UNITY SP.RVIM GRANT Wca ion F= 2006 dw -k 33r 19. Goal Statement: Indicate who will benefit from the use of these funds. and how they will benefit. r 1T `� IS R P �z�'d1e CF 7 f- C/- _p?7FA/ F/{nM Ncc tdl6 scr�oucs l�lbflz ,Te14V&4,5 6Fal*'4FU10k: eo4vrY,u/!�c c,r,g*ftViry 43�F -rotiERBMf Tv Egcff O-YWC,?, !Vu V0f_rGfl WJ4e4T447!4F6Y2 CORD l/�oiY, 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. SXD=uNiy SBvice.1Cm uui ty Sw&,a 0=tkC Va4UNJTY SERYTM GRANT ApW&W9n Rmn 2W4,d(x ATTACHMENT 17 0 C) H s � 'GfINCOWPniID �1' G� OF L 9 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: 7l'U may\ SGhvvl (%'Cojt , 4e9Ad C Pr"I Amount Requested: O o Contact Person: cosol lsklvto"� termavnYl Mailing Address: 78-RTO At/C.&O City: G.Ck Qu' State: CA, Zip Code: ?P60 Home Telephone o 245 13GO Work Telephone 7fl -W 30 £Mail address i-vn; , le,err.��nCa dsUsd,4s 501(c)3 Taxpayer I.D. Number: Date Submitted: o1J 1 O� Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. M r) CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Suppor _;� Economic Development/ Marketing an onsorship 1. What is the or goal of your 2. How long has your Organization been inexistence? Years Mo hs P L,J,I" (SJ,a 0 I 3. Describe in general the activities or services of your Organization: b SincC l g$) %Ae mcflu send +eorA; arf, L fAg YcAev -for I meefi„o-s w;+N AQ ckictre kv4dre acv�A 4er4m"ce �o show Atm how'g iv�e ef�rr,v�t.,, rat `Fiona .y)4519 +�ryuch vtiru5iC) dance aNd ov 44ityQt 4. How many people does your Organization currently serve? No. of Youth JT6 d No. of Adults 7 No. of Seniors -16� 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 50 No. of Adults r No. of Seniors -01 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 5'00 No. of Adults '� No. of Seniors 7. How many paid employees/volunt ers 4oes your Orgam tion `m'ploy? CM i ; G v.d G�oLSS "4 Full time employee 0 Part time employees Volunteers Q Oft 8. Describe how your Organization is managed and governed: -e 342 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone 00 ) 53 10. What is your annual schedule of events, and during what months does your Organization operate? Purl\ r]oA,, one +o c h&SP- 3, ms %n A-qp Ae W/ld ( c(ksh +a q+ -Vhe 1MC&411unl +he dates ur de+er» ned 6 +6 McCallum 1'he4 h rm'ln arts+�feoclers v 3;� eucl1 c145t) L-I f"M-t be%re 2uC,hgia' 11. Do you charge admission, membership fees, dues, etc? Yes )�— No If Yes, please describe: 12. What are your other sources of revenue for this funding year? Source MWAM Total Needed Total Received Balance Amount 13. Amount of money requested from the City of La Quinta? 9 e�oo,ov c�v^S eat ) $ l 5 00 o 0 C�`1u rv�Axro Vvuuw� 14. Has your Organization been funded by the City of La Quints previously? Yes If so, when o�Oo 6 a00% Slot I ylll - No 15. Please provide the name and address of the bank in which the Organization's funds are kept: �} " 1 M�,, v,r,tn` ).<, i (6\ 1 nluvra v� l�. nst Acta�-_ 4 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: l Title: B'f V p�Qs� dL 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) I_ (� �l C- 7k. nrnaY�evY� iS LIr --kp 41eY\,et + (J our 51Ittde I 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. -R 3It Z ATTACHMENT 18 JUL 1 0 2007 J C LiOAcIIa s i OIL, r CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: _Polo America Amount Requested: $3800 Contact Person: _Randy Russell Mailing Address: 49010 Main St City La Quinta State: _CA_ Zip Code: _92253_ Home Telephone _760 238-7168 Work Telephone _760 777-8081 E-mail address _ randy@poloamenea.com 501(c)3 Taxpayer I.D. Number: _33 0645888 Date Submitted: July 5, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. July 5, 2007 Dear City of La Quinta Polo America would like to invite the City of La Quinta to once again be a balloon sponsor of the Ford Trucks Red, White & Blue Polo and Balloon Festival. With your help and our other balloon sponsors we raised $45,000 for the families of our Service Men and Women from Twenty -Nine Palms Marine Corp Base. The following sheets will outline your 2008 sponsorship. I have also enclosed copies of promotional material from our 2007 event along with a television media sheet. In January, 2007 we had over one hour of television news coverage and eighteen print articles. With your support we are able to bring over 18 special shape balloons to our 2008 event. Should you have any questions please call me. I look forward to working with the City of La Quinta in 2008. Best regards, 'o i Randy Russell 34 78-365 Highway 111, 4106, La Quinta, CA 92253 • (760) 777-8081 • Fax (760) 777-4644 • www.poloamerica.com e _ I,��ti�t�f ; , 3 January 4-6, 2008 Benefit for the families of our Service Men & Women From Twenty Nine Palms Marine Corp Base The Third Annual Ford Trucks Red, White & Blue Polo and Balloon Festival is an event for the entire family. Expected attendance is 50,000. Third largest Special Shape Balloon Festival in the United States. Festivities will begin on Friday January 4th as 60 Hot Air Balloons will take off with Balloon Sponsors to start the Ford Trucks Red, White & Blue Polo & Balloon Festival. On Saturday morning January Vh the Balloons will take off at 6:30 AM, treasure hunt in the vendor and food village, followed by exciting polo games at the Eldorado Polo Club and a Balloon Glow at Fantasy Springs Resort Casino. On Sunday, January 6' the Balloons will take off at 6:30 AM. A polo match, luncheon and fashion show will be held at the Eldorado Polo Club in the afternoon. The finale will be a second Balloon Glow Sunday evening followed by a spectacular fireworks display. All balloon events will be held at Fantasy Springs Resort Casino. Admission is free to all events with a donation to the families of our Service Men and Women from Twenty Nine Palms Marine Corp Base. MIMAKIIIN 1) Balloon Sponsor of the Ford Trucks Red, White & Blue Polo and Balloon Festival. 2) Balloons will launch on Friday afternoon and Saturday and Sunday morning. A Balloon Glow will be held on both Saturday and Sunday evening. Fireworks on Sunday night. All balloon events will be held at Fantasy Springs Resort Casino. 3) Sponsor of one of the Hot Air Balloons. A basket banner will be created with your company logo and placed on the basket of your balloon for the three days. 4) Opportunity for one person to ride in your sponsored balloon on Friday, January e. 5) Your company logo will appear on the 1000 posters. 6) Your company name will appear on 20,000 flyers. 7) The announcer throughout the weekend will make announcements of your sponsorship. 8) A 10' x 10' exhibit space in the vendor village. Exhibit space includes 10' x 10' tent, 8' banquet table, linen and two chairs. 9) Two VIP tickets to the Saturday and Sunday polo games at Eldorado Polo Club. 10)A full page four color ad in the winter issue of Polo America. Polo America will be distributed at the Red, White & Blue Polo & Balloon Festival, Hat Day, Barbara Sinatra Skins Polo Game in addition to each Sunday at the Eldorado Polo Club. Total cost of this package is $3800 To participate call Randy Russell at Polo America, (760) 777-8081 ATTACHMENT 19 k � a ta+ C CITE' OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: COMMUNITY BLOOD BANK INC. Amount Requested: $5,000.00 Contact Person: Patricia M. Newman, Chair, Development & Funding Committee Mailing Address: 39000 Bob Hope Drive City: Rancho Mirage State: CA Zip Code: 92270 Home Telephone: (760) 324-5296 Work Telephone: (760) 773-4190 Email Address: pattymnewman6i�aol.com 501(c)3 Taxpayer I.D. Number: 95-6377019 Date Submitted: July 16, 2007 Applications will receive consideration without discrimination because of race, color religion, sex, age, national origin or disability. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT 35r- CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: X Community Services Support Economic Development/Marketing and Sponsorships What is the overall purpose or goal of your Organization? The mission of the Community Blood Bank is to provide a safe, reliable, and consistent supply ofvolunteer blood components to the patients of our communities at the most reasonable, fees possible. 2. How long has your Organization been in existence? 34 Years 5 Months 3. Describe in general the activities or services of your Organization. We are a non profit blood bank and collect blood from donors in our area, which is tested and processed to increasinely demanding_Mecifications, and supply all six hospitals as well as cancer centers and home health care agencies on a 24-hour, 7-day a week 365-day year basis. 4. How many people does your Organization currently serve? All the people ofLa Ouinta and desert communities. No. of Youth All No. of Adults All No. of Seniors All How many people do you intend to serve during this Fiscal Year? No. of Youth All No. of Adults All No. of Seniors All 6. How many people served this Fiscal Year will be La Quinta residents? All the people of La Quinta — as blood is always available. No. of Youth All No. of Adults All No. of Seniors All How many paid employees/volunteers does your organization employ? Full time 51 Part time 24 Volunteers 65 -W. 35.1 8. Describe how your organization is managed and governed. A volunteer Board ofDirectors sets the mission, policies and long-range plans and goals. They oversee an Executive Director who manages the Community Blood Bank along with a Medical Director and eight department managers. 9. Please provide information on your Executive Board members or contact person. Name Title Home Address Phone Patricia M. Newman Chair 36 Duke Drive (760) 324-5296 Development & Rancho Mirage CA Funding Committee 92270 10. 11 12. 0911 What is your annual schedule of events, and during what months does your organization operate? Operation schedule is 12 months ayear, 24 hours a day. 365 days a year. Do you charge admission, membership fees, dues, etc.? Yes X No If yes, please describe: What are your other sources of revenue for this funding year? Source City of Indian Wells Palm Desert National Bank City of Palm Desert Newman's Own Eisenhower Medical Center City of Rancho Mirage Canyon National Bank Pacific Western Bank El Paseo Bank Desert Commercial Bank Total Needed Total Received Balance Amount $ 10,000.00 1,000.00 10,000.00 2,000.00 2,000.00 10,000.00 2,000.00 1,000.00 1,000.00 1,000.00 $ 491,734.00 $ 40,000.00 $ 451,734.00 Amount of money requested from the City of La Quintal $5,000.00 -OU 35An 14. 15 16. 17 M Has your organization been funded by the City of La Quinta previously? X Yes No If yes, when: August. 2006 Amount Received: $ 2, 000.00 Please provide name and address of bank(s) in which organization's funds are kept: Padi c Western Bank, 601 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Please provide name and title of those individuals authorized to sign on organization's account (must provide at least two individuals). James R. Larson Executive Director/CEO Glenn Wiseman Information Services Manager Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. All the residents and visitors ova Quinta benefit from your ongoing support. Our two bloodmobiles outreach to all communities to recruit blood donors and to assist in the maintenance oJour urgently needed supply of blood. The Community Blood Bank works continuously to keen pace with the demand for blood and to date, 40% of all blood donated comes through the bloodmobiles. Goal Statement. Indicate who will benefit from the use of these funds and how they will benefit. All the people ofLa Quinta will bene& from an adequate supply of life's most previous resource. blood. Having needed supplies helps keep our costs down; lowering the costs ofhealthcare to all the people of La Quinta. Without the operation of the bloodmobiles to recruit blood donors, we cannot keep up with the need for blood. -9$ 3 K� 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. Please see attachment #1. 20. Attach a copy of your Program Operating Budget for the current year. Please see attachment #2. 21. Non profit organizations must attach a copy of the organization's current IRS Form 990. Please see attachment #3 Please see Photo of Bloodmobile (Attachment M. 35: ATTACHMENT 20 O� O� OF f CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: �'TCTIc V4-ut 00! l S► �1�✓�� Amount Requested: F CI ATJA 0 Contact Person: UW l L Mailing Address: City: L& 6 State: Zip Code: Home Telephone _to Va Work Telephone,�a - E-mail address , 501(c)3 Taxpayer I.D. Number: Date Submitted: J . Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. a 35, CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: Community Services Support _X_ Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? We organize and present the annual Coachella Valley Book festival, formally known As the Palm Springs Book Festival. This year will be the `Third Annual'. 2. How long has your Organization been in existence? _3_Years _ Months 3. Describe in general the activities or services of your Organization: We put together, organize and present the Coachella Valley Book Festival that this Year will take place on November 1 Os' & 11 a'. Festival features over 200 authors Both children's and adults, music, vendors and family activities. 4. How many people does your Organization currently serve? No. of Youth No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers 8. Describe how your Organization is managed and governed: Peppertree Bookstore with stores in La Quints and Palm Springs organizes and arranges the festival. The two owners of Peppertree Bookstore serve as Directors. -V 35L 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Charles Lago Director 64296 Appalachian St, DHS 92260 (760) 409-6518 Christopher Johnson Co -Director Address as above 10. What is your annual schedule of events, and during what months does your Organization operate? The Coachella Book Festival is a yearly event. We present over 200 authors for Panel discussions, solo book talks, Children's authors and Illustrators, Children's Activitoes, music and presentations from the La Quinta Playhouse. Festival is in Nov. 11. Do you charge admission, membership fees, dues, etc? Yes X No If Yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount Peppertree Bookstore finances the festival. However as the festival has grown so Large over the past two years we now need help from the community. Thus far we Have one sponsor, Marvin Investments. We are hoping the City of La Quinta will Come on board as a sponsor. Total Needed $ 25,000 Total Received Balance $ 5,000, $ 20,000 It.. - 35'' 13. Amount of money requested from the City of La Quinta? $ 5,000 more if possible, 14. Has your Organization been funded by the City of La Quinta previously? Yes If so, when _X No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Washington Mutual Bank 600 S Palm Canyon Drive, palm Springs, CA 92262 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Charles Lago director Christopher Johnson Co -Director Title: 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Funds would be used for a variety of reason, Equipment Rental (Party Rentals) , Sound equipment rental, advertising, posters, flyers, website, hotel rooms for visiting cost related to Mounting this event. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) 1W 35 Last year we had over 8,000 people attend what was a one day event. This year as it's A two day event we are expecting larger numbers. The residents of La Quinta would be the biggest beneficiaries as well as people form other cities who will attend 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. —Is . 3 5l, JOL-20-2007 02:07 FROM:FAMILY HERITAGE CHUR 7603454548 TO:97771231 P.2 ATTACHMENT 21 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Deecr+ lLyxiY Wc-5 Amount Requested: 19760 .0 Contact Person: ALa.j^ fi r• r^ City: Home Telepha E-mail address State: L 1-t Gt1 Work Telephone 501(c)3 Taxpayer I.D. Number: Q,S - (al 4 S 219 Date Submitted: 7 11 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. JUL-cu-C✓UI U'G.UI rmul'[. r n1.1LI I.nv ...r nn. Iu....--- .___...____ CITY OF LA QUiNTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: V Community Services Support Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Or1g_a"cyzpauon! �e-M A a rcPAS R (97nw r yiC�t &AA r C_ _ 2. How long has your Organization been in existence? Years _J' Months 3. Describe in general the activities or services 4. How many people does your Organization currently serve? No. of Youth 1 D No. of Adults 15 No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 1 � No. of Adults '� No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth / No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees yam_ Part time employees Volunteers IS 8. Describe how your and governed: S -' 36$ JUL-20-2007 02:07 FROM:FAMILY HERITAGE CHUR 7603454548 TO:97771231 P.4 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone -4036 0alIfS 10. What is your annual schedule of events, and during what months does your Oroanizatinn overate? 11. Do you charge admission, membership fees, dues, etc? Yes _4 No If Yes, please describe: 12. What are your other sources of revenue for this funding year? Source Total Needed Total Received Balance Amount 13. Amount of money requested from the City of La Quinta? $ _ / 1 30 JUL-20-2007 02:08 FRGM:FAMILY HERITAGE CHUR 7603454548 T0:97771231 P.5 14. Has your Organization been funded by the City of La Quinta previously? Yes If so, when _X - No 15. Please provide the name and address of the bank in which the Organization's funds 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Title• �� ^ cfn.a,t t' mom► 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) �/] e i r 4 � bclr S 6Y2a L, i a /t i % 1-1- L.3'% ( � _ ke yl �s i S F o� ove cue {e �., �� d , %�O- Q �'r•"� w�l[ lae rL(,resb � a.11 -�I�a eonr��e-�i �o►�-��W�� e �cal��,.� OkNA rd Ica- r� o 343 JUL-20-2007 02:08 FROM:FAMILY HERITAGE CHUR 7603454548 TO:97771231 P.6 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 00 ATTACHMENT 22 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Coachella Valley Community Trails Alliance Amount Requested: $5,000.00 Contact Person: LeOrand Velez Mailing Address: 53-990 Enterprise Way, Suite 9 City: Coachella State: California Zip Code: 92236 Home Telephone 760 413 6605 Work Telephone 760 398 4444 E-mail address legrand@cvcta.org 501(c)3 Taxpayer I.D. Number. 13-4320888 Date Submitted: July 19, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. J tY CITY OF LA QUINTA GRANT APPLICATION Please check which grant funding you are applying for: X Community Services Support Economic Development / Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The goal of the Coachella Valley Community Trails Alliance (CVCTA) is to coordinate the development of an urban, multipurpose trail network in the Coachella Valley. CVCTA was formed because no public entity exists with the resources to coordinate regional trail development across jurisdictional lines. 2. How long has your Organization been in existence? One Year Six Months (since January 2006) 3. Describe in general the activities or services of your Organization: The CVCTA's general activities are to marshal private and public resources for the development of a multipurpose urban trail network in the Coachella Valley. The CVCTA, with funding from the County of Riverside Department of Health, is currently developing an Urban Trails and Bikeways map for the entire Coachella Valley. This map will include all existing safe bike routes, horse trails and hiking trailheads. Residents of the Coachella Valley have been discussing a Whitewater Channel Trail for decades. Now the CVCTA is taking action. The Whitewater Channel and the Coachella Canal will serve as the backbones for an extensive linear parkway system. Pleased see attached list of activities and accomplishments. 4. How many people does your Organization currently serve? No. of Adults: The CVCTA serves the entire population of the Coachella Valley, which was approximately 410,000 in 2005, and is projected to be close to 480,000 in 2010. The trail system will also benefit the large tourist population that visits the Coachella Valley every year. No. of Youth: All children of the Coachella Valley and City of La Quinta will benefit by providing them with trail corridors to safely ride or walk to school, and for recreation. The development of urban trails in other communities has proven beneficial in creating opportunities to increase physical activities and thus lowering childhood obesity. According to Bill Wilkinson, executive director of the National Center for Bicycling & Walking, "Today we have our first generation of children who don't know what it is like to walk or ride a bicycle to school. The health effects of this inactivity are devastating: childhood obesity has nearly tripled and diabetes is now an epidemic among our youth. We've got to do something now to change the direction we're headed." (Americantrails.org, August 2005) No. of Seniors: Although specific demographic data for seniors are not available at this time, the trail network will benefit the sizable local senior population. .n 366 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors Same number as currently served (previous question). 6. How many people served during this Fiscal Year will be La Quints residents? No. of Youth No. of Adults No. of Seniors The city of La Quinta has an approximate population of 36,145 with a 52.5 percent growth rate since 2000. A recent survey of La Quints residents identified trails as the number one amenity desired for the city. 7. How many paid employees/volunteers does your Organization employ? Full time employees: 1 Part time employees: 0 Volunteers: 3 8. Describe how your Organization is managed and governed: The CVCTA has a full time executive director who manages all day to day operations. The CVCTA is governed by nine member Board of Director and the organization bylaws. Numerous members of the community have provided volunteer support and in -kind donations of materials and services. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone LeGrand Velez Executive Director 45330 Ocotillo # 9 413-6605 Palm Desert CA 92260 Two of CVCTA's Board Members are residents of La Quints and are active in the community. Paul Quill is President of the Board and serves on the La Quints Planning Commission. Mark Weber is a Board Member and Chairman of the La Quints Community Services Commission. Please see attachment for a complete list of the Board of Directors. 10. What is your annual schedule of events, and during what months does your Organization operate? The CVCTA operates on a 12-month schedule. We are in our fast year of full operation with a paid Executive Director and our office opened in January of this year. Events and activities include: community hikes; the Urban Trails and Bikeways Map; participating in regional planning efforts related to trail:, coordinating regional trails planning and development among jurisdictions, Riverside County, the Coachella Valley Water District, and the Coachella Valley Association of Governments; public information forum; and serving as trails information center. 11. Do you charge admission, membership fees, dues, etc? Yes No X If Yes, please describe: N/A 367 12. What are your other sources of revenue for this funding year? Source Amount Private Donations $50,000 Fee for service agreements $50,000 Grants $100,000 Total Needed $ 200,000 Total Received $ 10,000 (donation) Balance $ 190,000 CVCTA has pending grant applications with the Desert Alliance for Community Empowerment (DACE), the Kaiser-Permanente Foundation, the Berger Foundation, and the City of Coachella. Several other grant applications are under development. In addition, we are in negotiations with the City of Indio to conduct a trails feasibility study for $50,000. Agreement is expected to be finalized in July 2007. CVCTA is also soliciting donations from private individuals and local developers. 13. Amount of money requested from the City of La Quints? $5,000 14. Has your Organization been funded by the City of La Quints previously? Yes If so, when N/A No X 15. Please provide the name and address of the bank in which the Organization's funds are kept: FirstBank: 73000 HWY 111, Palm Desert CA 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: LeGrand Velez Executive Director Paul Quill President of Board Mike Granum Vice President of Board 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The CVCTA success depends on broad community support. These funds will be used to finance CVCTA activities to promote and advance the development of a regional trail network in the Coachella Valley. These activities include organized hikes, distributing trail information (including a regional map that is under development), and regional trail planning and coordination. Regional urban trail development will not happen in the Coachella Valley without the on -going advocacy and coordination by the CVCTA. The longer action is delayed, the more opportunities will be missed as the Coachella Valley rapidly develops. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) Although the CVCTA's activities will have benefits for the entire Coachella Valley, the City of La Quinta will be one of the primary beneficiaries of our 2007-08 activities. Through on -going work with the La Quinta Community Service Department, CVCTA has assisted with urban trails planning, assessment and regional coordination, including meeting with the director of the Coachella Valley Water District. This assistance is important since the La Quinta Parks Master Plan residential needs survey identified trails as the most desired community amenity. CVCTA will continue to build on its cooperative work with the La Quinta Community Services Department to assess trail development feasibility and cost estimates and regional coordination, particularly for the development of a trail along the Whitewater Channel. The CVCTA will also continue to distribute La Quinta trails and bikeways information to the public, and promote La Quinta as having the best existing trails and bikeways network in the valley. CVCTA's effort to connect the existing trails to a larger network will benefit the growing city directly and indirectly. The CVCTA recently held a public hike in the La Quinta Cove in recognition of National Trails Day and to showcase an existing example of a well designed urban Vail. This activity also brought attention and awareness to the Fred Wolf Nature Preserve, its history and goals. Kay Wolf, Fred Wolf s wife, spoke before the hike about the nature preserve named for the first mayor of La Quinta. The CVCTA promotes urban trails in the City of La Quinta and throughout the valley. 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. Attached 20. Attach a copy of your Program Operating Budget for the current year. Attached 21. Non-profit Organizations must attach a copy of the organization's current IRS Form "0. CVCTA has just completed our first year of operation on June 30, 2007. Consequently we have not yet completed our first IRS Form 990. This will be provided as soon as it is available. An IRS letter confirming CVCTA's federal nonprofit status is attached Several letters of support, a general information sheet, and a copy of the flyer for the National Trails Day Hike in La Quinta are also attached for your information. 369 ATTACHMENT 23 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007 -�08 Name of Organization: FIND Food Bank, Inc. Amount Requested: 250 000. Contact Person: David A. Paradine Mailing Address: P. O. Box 41 City: Cathedral City State: Ca. Zip Code: 92235 Home Telephone 760- 340-3408 Work Telephone 760-328-3663 E-mail address dparadine ,secondharvest:org 501(c)3 Taxpayer I.D. Number:33-0006007 Date Submitted: June 282007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability_ 379 CITY OF LA QUINTA GRANT APPLICATION (Must be typed) Please check which grant funding you are applying for: XX Community Services Support Economic Development/ Marketing and Sponsorships What is the overall purpose or goal of your Organization? Incorporated in 1983, for the past 24 years FIND Food Bank, Inc. has provided food assistance and basic essentials to those who are in need here in the Coachella Valley. This assistance is provided through a network of eighty six member agencies: soup kitchens, food pantry's, homeless shelters, children's programs, senior centers and other not for profit organizations located in twenty one communities throughout our Valley. FIND is the America's Second Harvest Food Bank in the Coachella Valley and the only distributor of United States Department of Agriculture (USDA) food products. There are no alternatives to FIND in terms of providing food to cbarities that directly serve the hungry here in the Coachella valley. Thus FIND fulfills a unique and critical neeri - nrnvidino I KDA and Cecnnd Harvest Fnnd nrndnetc to thnge agencies who nearly eliminated. 2. How long has your Organization been in existence? 24 Years _ Months 3. Describe in general the activities or services of your Organization: FIND aggressively solicits food donations sorts handles and stores these donations for distribution throes its network of member agencies. This past year FIND received and distributed 5.4 million mounds of food through its network of member agencies To help put 5.4 million pounds of food into perspective 5.4 million pounds of food will provide 4,218,750 meals or 11,559 meals a day, seven days a week for an entire year. FIND also recruits trains and monitors all food distribution Sites and has an agreement with the Department of Social Services to provide Emergency Food Assistance for those requiring immediate and temporary assistance FIND is the identified food source in disaster preparedness plannine at both the County and local government levels. 4. How many people does your Organization currently serve? No. of Youth 20,223 No. of Adults 50,058 No. of Seniors 6625 EACH 11IONTH 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 242,796 No. of Adults 600,696 No. of Seniors 79,500 (As these numbers are duplicated numbers they are best viewed as a unit of service) 371 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 19,423 No. of Adults 48,056 No. of Seniors 6360 (As numbers are duplicated they are best viewed as a unit of service AND as client data is not requested based upon residence these numbers are estimates based upon the number of low and below low income households that ezist within La Quinta.) 7. How many paid employees/volunteers does your Organization employ? Full time employees 9 Part time employees 1 Volunteers 1200 Volunteer hours per year 8. Describe how your Organization is managed and governed: FIND Food Bank, Inc. is a 5010(3) not for profit organization, incorporated in the State of California. An eight (8) member volunteer Board of Directors, govern the organization. The Board of Directors establish all organizational policy for FIND. FIND is managed by its Chief Professional officer and staff who are responsible for executing or carrying out organization policy that has been established by the Board. The Board of Directors has regularly scheduled monthly meetings. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Richard Arrow Chairman 10 Calle Vega, Rancho Mirage 324-9903 April Bradley Secretary 35788 Calle Sonoma, Cathedral City 328-0215 Carl Lechner Treasurer 199 Savage, Cathedral City 324 3311 David Paradine President 72950 Deer Grass PD 340-3408 10. What is your annual schedule of events, and during what months does your Organization operate? FIND is open 5 days a week. Hours for food distribution_ to local Sites are from 6 am to 2.30 pm FIND operates five days a week twelve months of the years and observes eight holidays There are no regularly scheduled annual events. Organizational activities or events usualiv occur around "Hunger Awareness Week" the first week in June. 11. Do you charge admission, membership fees, dues, etc? Yes XXX No If Yes, please describe: There is no membership fee for participation in FIND'S food distribution network. 372 Most food products distributed by FIND are distributed free of any charge. However, some food products, food purchased by FIND specifically, and some food products that are more difficult to come by, then in these instances the member agencies is asked to pay a "Shared Maintenance Fee," that can range between 5 to 18 cents per pound of food received. The "Shared Maintenance Fee" is considered a handling fee and can help off set FIND'S costs for food purchased and/or the cost of food delivered to FIND. 12. What are your other sources of revenue for this funding year? Source Riverside County City of Palm Desert City of Rancho Mirage City of Indian Wells Desert Healthcare District Total Needed Total Received Balance $ 51000,000. $1.700 000. $ 3 0.3 0,000 Amount $ 850,000 Pledged $ 850,000 Pledged $ 250,000 Requested $ 250,000 Requested $1,700,000 Requested 13. Amount of money requested from the City of La Quinta? $ 250,000 14. Has your Organization been funded by the City of La Quinta previously? Yes If so, when XXX No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Canyon National Bank,1711 East Palm Canyon Drive, Palm Springs, Ca. 92264 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Richard Arrow April Bradley _ Title: Board Chairman Secretary 373 Carl Lechner Treasurer David Paradine President 17. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. FIND Food Bank is unable to meet the rapidly growing need for food assistance. here in the Coachella Valley without increasing it current capacity. Last year, for the first time ever FIND had to turn away over 750,000 pounds of food product due entirely to insufficient storage space. The recent freeze and its impact upon the migrant farm workers here in the Valley, another excellent gxa u Ie of this problem The Governors Office released $250,000 for the purchase of food products for those farm workers who were impacted by the freeze. The $250 000 purchased just over 490,000 hounds of food which was delivered to FIND in 12 large 53' trailer trucks FIND could not accommodate this quantity of food without obtaining, additional warehouse space. It is no longer possible for FIND to meet the rapidly growing need for food assistance, here in the Coachella Valley without sig & tlymcreasing storage and refrigeration 09miji. 18. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) FIND provides food assistance and basic essentials to low and below low income households here in the Coachella Valley Currently there are approximately 36 837 household who are/can be classified as low income households. Approximately 12, 280 of these household are considered to be "food insecure or at risk." In La Ouinta there are approximately 3066 low income households and of these, 1022 or one third of these households are considered to be "food insecure or at risk." This population benefit f -om a larger facility as it will enable FIND to provide not only the quantity of food required but also the nutritional quality of food required to meet the needs of this population. As the Coachella Valley continues to grow, (the projected growth over the next four years is another 171/o)so does the demand or need for food assistance. As previously noted FIND is unable to accommodate this growth. Therefore, larger 374 storage, and refrigeration, is require if FIND is to continue to meet the needs of today and in the future. 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 375 ATTACHMENT 24 jF-- Lf z ' �GF lA GUIHiA� ' ' - phL1AMACFR'S OEFi MAN ABOUT TOWN - C:ampalgn to benefit College of the Desert Public Safety Academy January 1, 2007 Mr. Tom Genovese City Manager ,City. of LaQuinta 78495 Calle Tamolco Dear Tom: On behalf of College of the Desert.Foundation Auxiliary, I am heading a campaign to raise -money for student needs and instmclional equipment at the Public Safety Academy. The Academy, Initiated at the College In 2001, provides a valuable service to the cities of the Coachella Valley and the County of Riverside. local 'home grown' cadets now attend the Academy, and after graduation they find jobs with local law enforcement. `Home grown" cadets means less turnover for our police departments. The graduates know the area, the people, and the climate. In addition, the ability of our police departments to hire POST celled candidates in our own back yard will mean significant savings to all cities. The cost of attending a full-time police academy is an expensive endeavor. Adding tuition, meals, housing and equipment, the costs for a munldpalityto pay fora new police officer to attend an academy can easily exceed $10.000. Historic*, cities within Riverside County have sent their new officers to the Riverside County Sheriff's Department Clark Training Center in Riverside to accomplish this training. Students attending the COD Public SafetyAcademy can spend over $3,000 for training. The academy staff continuously look for funding to assist in reducing the cost for their students. They do this by asking for a multitude of donations to help students enrolled In the program 'complete their training. For example, a donation of $20,000 was needed to purchase bullet- proof vests, which are now used to outfit students during their training in the use of firearms. Our cities' participation in this campaign will help reduce this cost, and will help Increase enrollment in the program In the future. Thls year, all our does will beridlit when ground Is broken for the construction of the dedicated facility for the academy. The 29 million dollar facility is to be 6onstnrcted in two phases and r. 5e 376 will be built on the Palm Desert campus using proceeds from the bond Issue authorized by District votes In 2004. However, we must remember that money is still needed since the bond Issue does not provide sufficient finds for student needs nor instructional equipment. 1 am certain you will agree with me that having a public safety training center Is a win -win for our cities. First, it drers the ability to have our own valley residents trained; and second, it offers substantial savings on training costs. The academy has identified a list of needs that 1 am enclosIng. Such needs total $275,000. 1 am asking the cities In the valley and the county to contribute a minimum of $.50 cents per permanent resident. Based on the valley population, this will amount to a total of $200,000. In addition to the amounts being asked from the cities. a citizen committee Is organizing three events to raise funds from private sector contributors. The goat of that effort Is to raise the nest of the funds needed. At the conclusion of this valley -wide campalgn, we hope to have sufficient contributions to fully fund the needs of the Public Safety Academy program at College of the Desert.. I sincerely hope your city Is able to help In this endeavor that will benefit all of our cornmwnftles. If you would like a meeting with me.andfor the director of the Public Safety Academy to discuss this In more detd, please let me know. If you have any questions, please call me at (760) 776-M. Sincerely, CARLOS L ORTEGA y 377 Items Needed include The Following Physical Films Ur&m UMf mo Six factT►a" Wafl Live Sea~ PdM Checks Trakft EqulpmeM Emer pera0oneratlon Feee PT Barlk ades inft � Corn WK*Pr6r0rlgEqulpmeM LeaOrerGem DmnmyDregTrakdngEq M WaMMTEMMOirmis 127AM Saenarb DUD Library GENPJbLL MMN0 MM $ SA00 Lap TOP Computers (10) Training I ms Safefor Weep m MUNMedla PrOledors Safe forTes" Mete" Lap Top COmprAers Supplies for PSA Award Ceremorry Soerwb Tes1Ng Props Portable BarAoades Staff Desk and Chairs FME 7ECHWH M TRAINING ITEMS 145o00 RANGE BOUMMMDBUPPLSES $27M Fire TechnobwTrakft Ladders Tarpete DVD a VWWomptiteraRrirfte Cadet Uniforms Audk Equ"WM SW LWOMS Shotguns ConfessArnmrom Lap Corrwters �TAOeo�rm M Prolemrs TraWngEquorrod StorageCabirmts 378 Safe for Ammunition and Weapons - CAPITOL OFFICE STATE CAPITOL ROOM 3067 SACRAMENTO CA 95814 TEL (9161 651.4037 FAX 19161 327-2187 DISTRICT OFFICES 73.710 FRED WARING DRIVE SUITE 112 PALM DESERT CA 92260 TEL (760) 568-0408 FAX (760) 568-1501 13800 HEACOCK STREET SUITE C-112 MORENO VALLEY. CA 92553 TEL (951) 653-9502 FAX (951) 653-9524 July9, 2007 To Whom It May Concern: %Ualifornia 71-legistature JIM BATTIN SENATOR THIRTY-SEVENTH SENATE DISTRICT I am writing to convey my full support for the Tolerance Education Center in the Desert. U> i COMMITTEES RULES VICE -CHAIR ELECTIONS, REAPPORTIONMENT AND CONSTITUTIONAL AMENDMENTS VICE -CHAIR APPROPRIATIONS ENERGY, UTILITIES AND COMMUNICATIONS GOVERNMENTAL ORGANIZATION SELECT COMMITTEES ASIA/PACIFIC RIM TRADE. COMMERCE & CULTURE CALIFORNIA MEXICO COOPERATION CALIFORNINS HORSE RACING INDUSTRY COLORADO RIVER WEST NILE VIRUS JOINT COMMITTEES ARTS LEGISLATIVE BUDGET RULES The mission of the Tolerance Education Center in the Desert is to educate and bring acute awareness to our community of the Holocaust and the horrific slaughters that were perpetuated on the innocent people of Europe. This is one of the most important events to remember in European history because it is one that was built entirely on hatred and bigotry. By educating our community on the devastating effects of anti- Semitism, and the devastating effects of prejudice in general, we can help to breed understanding and acceptance into our society. This well -conceived master planned facility will fill a great void that currently exists within our valley. I especially support the primary goal of Tolerance Education Center in the Desert — which is to eliminate, through education, the perpetuation of violence and hatred upon others due to misconceived perceptions of differences, and a lack of acceptance and respect of other people's rights. The mission of the Tolerance Education Center in the Desert is to bus children from community schools to the facility to watch videos, read from the library of books, and peruse museum quality display items. This will allow the opportunity for research and unique perspective for the visitors. Every year there are fewer survivors of the Holocaust and therefore, valuable life experiences that are lost in time. With Tolerance Education Center in the Desert their trials and stories will not fade into the past. A facility such as Tolerance Education Center in the Desert will serve as an important resource and tool for our schools, and for society as a whole, by covering the Holocaust with in depth experiences and information. Thank you for the opportunity to convey my support for Tolerance Education Center in the Desert. Please do not hesitate to contact me for any additional information. Sincerely, JIM BATTIN Senator, 37'h District 1B/hm s 373 RIVERSIDE OFFICE: 4080 Lemon Street, 5th Floor Riverside, CA 92502-1647 (951)955-1040 Fax (951) 955-2194 Earl Greif Holocaust Education Center 8 Deerfield Court Rancho Mirage, CA 92270 Dear Mr. Greif: flu Ii off ibrrsibf !DISTRICT OFFICE/MNLING ADDRESS: • 73-710 Fred Waring Drive, Suite 222 ��1.� I �, i * ' o'I Palm Desert, CA 92260-2574 (760) 863-8211 Fax (760) 863-8905 SUPERVISOR Roy WILSON FOURTH DISTRICT April 6, 2007 I am pleased to provide you with a check for $20,000 to develop the Holocaust Education Center in the Coachella Valley. Thank you for your efforts to raise awareness and tolerance and for promoting an understanding about the lessons of the Holocaust.—� Roy 389 INTERNET: district4@co.riverside.ca.us COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Consideration of Art in Public Places Fee Credit for Two Bronze Art Pieces at Griffin Ranch RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: C CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: An appropriation in an amount not to exceed $90,000 from the Art in Public Places (APP) Fund (Account No. 270-0000-451.74-80) would be allocated to Griffin Ranch residential and clubhouse development for the construction and installation of the approved art pieces. To date, Trans West Housing has contributed approximately $8,995.93 in fees, which will be reimbursed for the art pieces. National Heritage Collectors Society would receive a total of $240,000 from Trans West for the two art pieces. At the time building permits are issued, Trans West will then receive credits until build -out of Griffin Ranch residential and clubhouse areas. Currently there is $447,750 available in the APP Fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 11, 2007, the Community Services Commission reviewed a request from Trans West Housing for a fee credit for two art pieces by artist David L. Spellerberg, National Heritage Collectors Society, to be purchased for $240,000 and installed adjacent to the Griffin Ranch development to meet their APP obligation. The proposed art pieces, "Freedom" (Attachment 1) and "Romance" (Attachment 2), were presented to the Commission by the artist. The Commission recommended these art pieces be sent to the City Council for consideration. 381 The first piece, "Freedom," is scheduled to be installed in September 2007. This piece will be located approximately 125 feet diagonally from the south-east corner of Avenue 54 and Madison Street (Attachment 3). "Freedom" stands approximately nine feet tall; three feet wide; and nine feet long. The bronze horse will sit on top of a four -foot rock. The second piece scheduled for 2008 is "Romance," which consists of two horses. These horses will be located approximately 125 feet diagonally from the south-west corner of Avenue 54 and Monroe Street (Attachment 4). The stallion stands approximately eight feet tall; four feet wide; and seven feet long. The mare stands approximately seven feet tall; two feet wide; and ten feet long. The APP fees for the Griffin Ranch residential and clubhouse development are estimated to be approximately $90,000. Trans West Housing is requesting all fees be credited from the residential and clubhouse development toward the purchase of the two art pieces with the remainder of the cost to be paid by Trans West Housing. As is with all funds spent from the APP account, the art pieces become the property of the City once complete, regardless of the percentage paid by the developer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Trans West Housing to purchase two art pieces, "Freedom" and "Romance," and receive credit for all Art in Public Places fees for the Griffin Ranch residential and clubhouse development; or 2. Do not approve Trans West Housing to purchase two art pieces, "Freedom" and "Romance," and receive credit for all Art in Public Places fees for the Griffin Ranch residential and clubhouse development; or 3. Provide staff with alternative direction. Respectfully submitted, �E&�=L6 Edie Hylton Community Services Director 382 N Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Photo of "Freedom" 2. Photo of "Romance" 3. "Freedom" Location 4. "Romance" Location 383 3 �� ,r� z � ` ' «. 5F, AVENUE .1 ------e*NANERO- 3 �j AVENUE 54 y � - LOT "A" 13 12 11 9 46 47 48 51 50 i � 7 49 J / 62 63 ` 5 64 \ T___ 4 65 3 66 2 1 68 67 / LOT "A" W W IW 14 I to I "FR4 J A"4�D IE" ceity� 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: August 7, 2007 3. BUSINESS SESSION: ITEM TITLE: Consideration of Appointment of Voting CONSENT CALENDAR: Delegate and Alternate to the 2007 League of California Cities Conference STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the selection of a voting delegate and an alternate for the 2007 League of California Cities Annual Conference. FISCAL IMPLICATIONS: The Fiscal Year 2007/2008 Budget line item 101-1001-411.51-01 contains $5,200 for this meeting. CHARTER CITY IMPLICATIONS: i1ne M BACKGROUND AND OVERVIEW: Each year, the member cities of the League of California Cities are requested to designate a voting representative and alternate who will attend the business meeting and the Annual Conference. This year, Council Members Henderson and Osborne are planning to attend the annual conference in Sacramento, CA, September 5 - 8, 2007 (Attachment 1). It is important to note the deadline for providing the League with this information is August 13, 2007. The Council's decision will be faxed to the League on August 8, 2007. 0 390 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the selection of a voting delegate and an alternate for the League of California Cities Annual Conference; or 2. Do not approve the selection of a voting delegate and an alternate; or 3. Provide staff with alternative direction. Respectfully submitted, Veronica J. pontecino, CIVIC City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. League of California Cities Memo dated June 8, 2007 a 391 ATTACHMENT 1 1400 K STREET LEAGUE SAcn En o,CA95814 Of CALIFORNIA (916) 658-820 M CITIES FX: (916) 658-8240 W W W.CACMES.ORG Please review this memo carefully. New procedures were adopted in 2006 regarding designation of voting delegates and alternates and voting at the Annual Conference. June 8, 2007 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 5-8, Sacramento The League's 2007 Annual Conference is scheduled for September 5-8 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting, scheduled for Saturday morning, September 8, at the Hyatt Hotel in Sacramento. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. In the event that the designated voting delegate is unable to serve in that capacity, your city may appoint up to two alternate voting delegates. The ability to appoint up to two alternates is the result of approval last year of a League bylaws amendment that increased the number of voting delegate alternates from one to two. Please complete the attached Voting Delegate form and return it to the League's office no later than August 13, so that voting delegate/alternates records may be established prior to the conference. At the conference, voting delegate forms may be returned to the Voting Delegate Desk located in the conference registration area. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. e Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the Business Meetiltg 392 and in possession of voting card in order to cast a vote. Voting delegates and alternates -over- are requested to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegates Desk. This will enable them to receive the special stamps on their name badges that will admit them into the voting area during the Business Meeting. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. New Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they should be sure to sign in at the Voting Delegate desk and obtain the special stamps on their badges. The Voting Delegate desk in the conference registration area will be open September 5, 6 and 7, and prior to the Business Meeting on September 8. The conference registration area will open at 12:00 p.m., on September 5, at the Sacramento Convention Center. The Voting Delegate desk will also be open at the Business Meeting, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share it and this memo with your council and especially with the individuals your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by August 13, 2007. If you have questions, please call Mary McCullough at (916) 658-8247. Attachments: • 2007 Annual Conference Voting Procedures o Voting Delegate/Alternate Form 393 LEAGUE 1400 K Street, Suite 400 •Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.824.8240 OF CALIFORNIA www.cacities.org CITIES Annual Conference Voting Procedures 2007 Annual Conference One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council -may designate a voting delegate and up to twc.alternates; these individuals are _ identified on the Voting Delegate Form provided to the League Credentials Committee. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. We encourage voting delegates and alternates to sign in at the Voting Delegate Desk so that they may receive a special stamp on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates) and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is not either a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the city's voting delegate and alternates wish to sit together, all should sign in at the Voting Delegate desk and obtain the special stamps on their badges. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 394 l� LEAGUE OF CALIFORNIA `CITIES CITY: 2007 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by August 13, 2007. Forms not sent by this deadline may be returned to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special stamp on their conference badge. If your city's voting delegate and alternates wish to sit together at the Business Meeting, they are all encouraged to sign in at the Voting Desk in order to obtain the identifying stamp that will admit them to the special voting area. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: 3. VOTING DELEGATE - ALTERNATE Name: Title: ATTEST (I affirm that the information provided_r_eflects_a_c_t_ion by the city council to designate the voting delegate and alternate.) Name: Title: Please complete and return by August 13 to: League of California Cities ATTN: Mary McCullough 1400 K Street Sacramento, CA 95814 Phone: Date: FAX: (916) 658-8240 AC2007 VotingDelegateLetter.doc 395 04 4c y OF TttQ' COUNCILIRDA MEETING DATE: August 7, 2007 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Consideration of City Representation on CONSENT CALENDAR: _ Coachella Valley Mosquito and Vector Control District STUDY SESSION: _ PUBLIC HEARING: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: .4" BACKGROUND AND OVERVIEW: At its meeting of July 17, 2007, the Council directed that this matter be placed on this Council Agenda. The Coachella Valley Mosquito and Vector Control District is a special district formed under Section 2200 et seq of the Health and Safety Code. Pursuant to Section 2021(d), the City may appoint one person to the District's Board of Trustees. Ron Perkins has held that appointment since 1994. His most recent term began July 1, 2004 and will expire on June 30, 2008. Due to health issues, Mr. Perkins is having difficultly carrying out his duties on the Board. Due to health reasons, Mr. Perkins was absent for the last two meetings of the 396 District. Both the City Manager and the City Attorney have spoken to Mr. Perkins regarding his ability to continue his service on the Board. Mr. Perkins informed the City Manager that he intends to submit a letter informing the City Council that he wishes to retire from the Board effective August 16, 2007. To date, the letter has not been received. The City Attorney has contacted the District's legal counsel, Lisa Copeland, to determine the potential for the appointment of an alternate. Ms. Copeland has indicated that because the Board members hold an appointed office, there is no potential for alternatives. The City Staff and City Attorney will be available to answer questions and provide additional information regarding this matter during the Council meeting. They will also provide a copy of this report to Mr. Perkins. Council direction is requested. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new City representative on District Board provided that Mr. Perkins submits a resignation prior to this matter being taken up by the City Council; or 2. Authorize the Mayor, on behalf of the City Council, to send a letter to Ron Perkins, thanking him for his years of service and requesting that he formally submit his resignation from office so that the City may proceed with appointing a representative on the District Board; or 3. Request that Mr. Perkins to continue to represent the City on the District Board; or 4. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: 397 Bret Plumlee, Acting City Manager 2 393 AUG-07-2007 10:43 AM Ul/07/1U07 TUE 1U:05 UAL 70U 777 7101 MY Rawer, La Quints P . 01 9002/00 ggq 4C /j/A-�`w August 7, 2007 AM . 7 2ON -- f The Honorable Mayor Don Adolph and Members of the City Council City of La Quetta 78-495 Calla Tampico La Quinta, CA 92253 Dear Mayor Adolph and Members of the City Council: It has been both a pleasure and an honor to serve as the City of Le Quinta's :upre:sentative to the Coachella Valley Mosquitu and Vector Control District's Board, of Trustees since 1994. 1 also sincerely appreciate the support of the community during my tenure on the board. Unfortunately, due to health reasons, I have decided to retire from the Coachella Valley Mosquito and Vector Control District's Board of Trustees effective August 16, 2007. 1 request that you take the necessary steps to appoint my successor. Please accept my best wishes for all your future endeavors. Sincerely, ,7- Ron Perkins cc: Thomas P. Genovese, City Manager Don Gomsi, Coachella Valley Mosquito and.Voctor Control'District �.: 3 9 S 0 COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Discussion of Design Alternatives for the Highway 111 Improvements, Project No. 2006- 04, Phase III RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The following is the project's approved funding and funding sources: General Fund RCTC Total Funding Currently Available: The following is the approved project budget: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $ 210,000 $321,255 $531,255 $10, 620 $53,225 $41,153 $346,477 $26,550 $53,230 $531,255 J- 0 400 CHARTER CITY IMPLICATIONS: The project is partially funded with Measure A funds from the Riverside County Transportation Commission (RCTC). As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP)• The Phase III Highway 111 Improvement is included within the adopted CIP and is included in the Fiscal Year 2006/2007 budget that was approved by Council on July 17, 2007. On October 3, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Phase III Highway 111 Improvements, Project No. 2006-04; and appointed a consultant selection committee. On January 16, 2006, the City Council approved a Memorandum of Understanding (MOU), between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Point Happy entrance to west City limits; and approved a Professional Services Agreement (PSA), in the amount of $53,225, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Highway 111 Corridor Improvements, from the Point Happy entrance to the west City limits, Project Number 2006-04. The scope of work approved on January 16, 2006 provides for KOA to prepare the necessary engineering documents to reconstruct Highway 111 in a four lane configuration, with a raised curb landscaped median, from the entrance at Point Happy to the westerly City limits. The scope of the original project did not anticipate widening the facility to a six lane configuration due to the proximity of Point Happy rock face. During the course of the project development process, the question was raised regarding the need to widen the facility to a six lane configuration. Staff believes widening Highway 111 to six lanes within the project limits would better address V 401 the potential traffic congestion, or bottle neck, anticipated within the project limits. However, issues such as cost, pedestrian/bike circulation and impact to the Point Happy Rock Face would have to be considered. The following alternatives are submitted for the City Council's consideration: ALTERNATIVE 1 - ( 4 lanes with 8' shoulder) - Attachment 1 This alternative is the configuration currently being designed by KOA. The proposed improvements include the construction of curb, gutter and connecting pavement on the north side of Highway 111 from Happy Point entrance to west City limits, the construction of a median island with landscape and irrigation system and the installation of rock fall stabilization measures, to include minor scaling of the rock face, debris fence and netting. The cost to construct the Alternative 1 improvements (not including soft costs) is currently estimated at $440,075. The existing pedestrian and bicycle circulation would not be altered with the construction of this alternative. Facilities, including a dedicated bridge across the canal, are available for pedestrians and bicyclists on the south side of Highway 111 in the City of Indian Wells. This alternative would have the least amount of impact to the Point Happy rock face. ALTERNATIVE 2 - ( 6 lanes without shoulder) - Attachment 2 This alternative is similar to Alternative 1, except that the roadway will be re - striped to provide for 6 lanes of travel with a maximum 13' wide median. The proposed improvements include the construction of curb, gutter, and 8-foot wide connecting pavement on the north side of Highway 111 from Happy Point entrance to west City limits, the construction of a median island with landscape and irrigation system and the installation of rock fall stabilization measures, to include debris fence, netting, and cutting the rock face to all a 1:1 inclination away from the roadway. The cost to construct the Alternative 2 improvements (not including soft costs) is currently estimated at approximately $1,636,752. 02 As with Alternative 1, the existing pedestrian and bicycle circulation would not be altered. Facilities, including a dedicated bridge across the canal, are available for pedestrians and bicyclists on the south side of Highway 111. This alternative would require a significant amount of rock removal and scaling to the Point Happy rock face. This alternative would require coordination with the City of Indian Wells to re -stripe the existing bridge to allow for six lanes between the existing curbs. ALTERNATIVE 3 — (6 lanes with 8' shoulder) — Attachment 3 This alternative represents the City's typical design standard for a six lane facility on Highway 111. The proposed improvements will provide three through lanes in each direction, 8-foot shoulder and sidewalk on the north side of the roadway, the construction of a median island with landscape and irrigation system and the installation of rock fall stabilization measures, to include debris fence, netting, and cutting the rock face to all a 1:1 inclination away from the roadway. The cost to construct the Alternative 3 improvements (not including soft costs) is currently estimated at approximately $2,836,552. This alternative will provide for both pedestrian and bicycle circulation on the north side between the entrance to Point Happy and the Cliff House. However, it does not include additional facilities for the crossing of the canal. This alternative would require a significant amount of rock removal and scaling to the Point Happy rock face. This alternative would also require coordination with the City of Indian Wells to re - stripe the existing bridge to allow for six lanes between the existing curbs. As previously stated, the costs presented in each alternative are construction estimates and do not include soft costs. While all improvements shown in the above alternatives are eligible for Measure A Highway Funds CVAG would have to approve additional funding for the project. • M FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Reaffirm the City Council's desire to construct the improvements identified in Alternative 1 and direct staff to continue working with KOA to complete the Plans, Specifications and Estimate (PS&E); or 2. Select Alternative 2 and direct staff to bring back an amendment to KOA's Professional Services Agreement (PSA) and funding recommendations which will allow for the installation of a six lane facility without shoulders; or 3. Select Alternative 3 and direct staff to bring back an amendment to KOA's Professional Services Agreement (PSA) and funding recommendations which will allow for the installation of a six lane facility with 8-foot shoulders; or 4. Provide staff with alternative direction. Respectfully submitted, 4mothy R. nas P.E. 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PRESENT: Board Members Moulin, Olander, Deniel and Rassi ABSENT: Board Member Egbert OTHERS PRESENT: John Falconer, Finance Director, Tom Genovese, City Manager, Kathy Jenson, City Attorney and Vianka Orrantia, Secretary 11 PUBLIC COMMENTS - Ted Ross, Registered Investment Advisor - Mr. Ross advised that he is considering applying to the Investment Advisory Board. III CONFIRMATION OF AGENDA - (This is the time set aside for public comment on any matter not scheduled on the agenda.) Chairperson Deniel advised that Board Member Olander will not be reapplying to the Board and on behalf of the Board thanked Board Member Olander for his years of service. IV. CONSENT CALENDAR Approval of Minutes of Meeting on May 9, 2007 for the Investment Advisory Board. Board Member Rassi advised that on page 1 of the Minutes, first paragraph, last sentence, the word "taxes" should be deleted and should read: pay the debt service taxes, commercial paper and U.S. Treasuries. MOTION - It was moved by Board Members Olander/Moulin to approve the minutes of May 9, 2007 as corrected. Motion carried unanimously. Chairperson Deniel advised that a resignation letter was received from Board Member Egbert. V BUSINESS SESSION A. Transmittal of Treasury Report for April, 2007 Investment Advisory Board Minutes June 13, 2007 Mr. Falconer presented the Treasurer's report advising the approximate ending portfolio balance for the month of April was $193.5 million, which has decreased slightly ($2.4 million) from the previous month, $1.6 million of the decrease was due to the Watercolor Housing and Vista Dunes Courtyard Homes project. Mr. Falconer advised that page 7 indicates the City's investment activities reflecting a large number of purchases and sales, keeping investments short with the portfolio yield at 5.15% and extending GSE's out at 89 days. The report also reflects maturities and purchases in Commercial Paper, which were reinvested for another 60 days, with one of the purchases extended out to 89 days. In response to Board Member Moulin, Mr. Falconer advised that the Board's current position on the purchase of Fannie Mae was to refrain from any purchase until the release of the audited financial statements. General discussion ensued among the Board regarding the current yield curve. In response to Chairperson Denial, Mr. Falconer advised that one of the City's mandates by State law is to reinvest in the community, such as low- and moderate -income housing. One of those projects that the City is very proud of is the Vista Dunes housing project, located at Miles and Adams. The 90 residents of the original mobile home park were relocated with the help of the City. The new housing will be a state of the art "Green Project," with energy efficient and energy conservation homes. In order for the City to do a capital project such as this, the City issues bonds. The bond proceeds are invested until the money is needed; the strategy is to invest in three- to six-month treasury bills. Another one of the City's projects is the Watercolors housing project, located across from Rancho La Quinta. This housing project is geared towards senior citizens; the City assists with a second trust deed to help those residents who qualify with the purchase of the home. General discussion ensued among Board and Staff regarding the relocation of the residents of the Vista Dunes mobile home park. MOTION - It was moved by Board Members Moulin/Olander to approve, receive and file the Treasury Report for April 2007. Motion carried unanimously. of 2 12 Investment Advisory Board Minutes June 13, 2007 B. Continued Consideration of the Fiscal Year 2007/08 Investment Policy Chairperson Deniel presented the final draft of the Fiscal Year 2007/08 Investment Policy and stated there were a few grammatical changes to the final draft. Mr. Falconer advised that the Executive Summary presented to Council; page 34, "RFP for Investment Advisory Services," a change was made from $10 million of the portfolio to 10% of the portfolio of the netted bond proceeds. Mr. Falconer also advised of an additional change to the Investment Policy due to a State Code amendment. The previous code for commercial paper allowed up to 15%, with an additional 15% of the weighted average maturity, if the commercial paper maturity was less than 31 days. The State removed the 15% of the weighted average maturity requirement and increased commercial paper from 15% to 25%. This was not considered by the Board during the previous review of the investment policy draft. In response to Chairperson Deniel, Mr. Falconer advised that this change was made in the investment policy draft for the Boards comments and review. General discussion ensued among the Board and Staff regarding commercial paper. The Board concluded with a change made to the State Code from 25% to 15% of the portfolio may be invested in commercial paper and the maximum of $5 million per issuer and the deletion of the suggested sentence on page 10, second paragraph, and last sentence. Chairperson Denial advised of the following changes to the following pages: Page 1, "Table of Contents," item XIX, the word "a" should be added after "Contracting" and the word "Firm" added after "Management;" title should read: "Contracting A Professional Portfolio Management Firm" Page 9, first paragraph, seventh sentence, add the word "with" and change the word "maturity" to "maturities" and the sentence should read: • 4133 Investment Advisory Board Minutes June 13, 2007 "U.S. Treasury Bills, notes and bonds with maturities between 2 and 5 years." Page 17, Item XIX title should be consistent with the Table of Contents and should read: "Contracting A Professional Portfolio Management Firm" In response to Chairperson Daniel, Mr. Falconer advised that Staff will summarize the Board's comments into a table to be made into "Appendix A," and the investment policy will then be scheduled for Council approval on June 1 g`". Mr. Falconer asked the Board if the title for Appendix H, page 34 would remain as is. It was the consensus of the Board to leave the title as is. Mr. Falconer asked if there were any comments from the City Manager and City Attorney about the investment policy changes. Ms. Jenson stated that the changes proposed were appropriate. Mr. Genovese concurred. MOTION - It was moved by Board Members Moulin/Bassi to approve the Fiscal Year 2007/08 Investment Policy with the recommended changes and forward to the City Council. Motion carried unanimously. C. Continued Consideration of the Fiscal Year 2007108 Work Plan — Review of Investment Policy Mr. Falconer presented Staff's three items for the 2007/08 work plan: 1. Banking Services 2. Continue to monitor GSE's, LAIF and Commercial Paper 3. Recommend the use of a Professional Portfolio Manager and the amendment of the Municipal Code In response to Board Member Rassi, Mr. Falconer advised that the City currently has an RFP for banking services from previous years. Mr. Falconer also advised that he has been asked by several banks if a physical branch would be required to be within City limits and if this was a requirement, they would not respond to the RFP. Mr. Falconer asked for the Board's consideration regarding this matter and will address when the request for proposal is discussed. 4 41f Investment Advisory Board Minutes June 13, 2007 Chairperson Daniel asked that the Board remove item three from the work plan, stating that this item does not need further discussion. Board Member Rassi concurred. MOTION - It was moved by Board Members Moulin/Bassi to approve the work plan as follows: 1. Banking RFP, 2. Continue to Monitor GSE's, LAIF and Commercial Paper, and forward to City Council for approval. Motion carried unanimously. Chairperson Daniel suggested that the Board consider getting educated on some of the other functions of the City, such as City projects and bond issuances. Mr. Falconer advised the Board that this would be a "non -business" item and would be just an informational item. Board Member Moulin suggested taking the various functions of the Treasurer and have the Treasurer summarize these functions, along with Staff activity. Mr. Falconer reiterated that these items would be for informational purposes only. VI CORRESPONDENCE AND WRITTEN MATERIAL A . Month End Cash Report and other selected Financial Data — May 2007 Noted and Filed B. Pooled Money Investment Board Report — March 2007 Mr. Falconer advised that the average daily portfolio is $57 billion with the yields at 5.21 %. In response to Chairperson Deniel, Mr. Falconer advised that as long as the City was investing in Treasuries, he would be able to match LAIF's current earnings. Noted and Filed 41;, 5 Investment Advisory Board June 13, 2007 Minutes VII BOARD MEMBER ITEMS Board Member Moulin asked if the City Manager or the City Attorney had any additional comments or questions for the Board. Mr. Genovese commented that the Board continues to do a great job and provides a substantial benefit not only for the "extra eyes" but for the Board's expertise. Ms. Jenson commented that she finds the Board's discussions very interesting and feels that the Board follows what the Code asks the Board to do. Board Member Olander stated that the Board has come a long way over the eight years he has served and has seen the evolution process of not only the core of the people, but issues resolved (i.e. Portfolio Manager) and has been proud of being a part of it. Vill Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 5:20 p.m. Motion carried unanimously. SV11"*7 Vianka Orrantia Secretary e 416 ri REPORTS & INFORMATIONAL ITEMS: vZ j COMMUNITY SERVICES COMMISSION MINUTES June 11, 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 Vice -Chairperson Sylk 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 Christina Calderon, Recreation Supervisor Angela Guereque, Community Services Secretary PUBLIC COMMENT Bob Palmer, 54-300 Avenida Rubio, spoke during Business Item No. 2. CONFIRMATION OF AGENDA Motion - It was moved by Vice -Chairperson Sylk and seconded by Commissioner Long to confirm the agenda. Motion carried unanimously. PRESENTATIONS: None. APPROVAL OF MINUTES 1. Approval of May 14, 2007 Minutes Commissioner Gassman noted on page 3, paragraph 4, line 3, "their" should be "the" and on page 8, paragraph 1, line 2, "Directory" should be "Director." 417 Community Services Commission Minutes June 11, 2007 -2- Commissioner Long noted on page 2, paragraph 1, line 11, 5,000 students every year seemed like a high number. Director Hylton stated that staff would listen to the recording for the meeting to verify. Commissioner Long noted on page 4, paragraph 1, line 8, "exasperate" should be "exacerbate." Motion - It was moved by Commissioner Gassman and seconded by Commissioner Leidner to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR None. PUBLIC HEARING None. BUSINESS ITEMS 1. Consideration of Two Bronze Art Pieces "Freedom" and "Romance" for Purchase and Placement Adjacent to Griffin Ranch and Saddle Club in the Public Right -of -Way. Commissioner Gassman noted that these pieces were exquisite and perfect for Griffin Ranch. Commissioner Gassman asked what the dimensions will be. Artist, David Spellerberg, stated that "Freedom" will be raised on a rock, 39" wide from right to left side, 105" high from ground to top of head, 65" high from ground to top of rear, and 100" long from tail to raised foot. Chairperson Weber asked how high the rock would be that "Freedom" will be on. Mr. Spellerberg suggests the rock be 4' to 5' tall. Mr. Spellerberg stated that the "Romance" Stallion is 48" wide from right to left side, 93" high from ground to top of head, 65" high from ground to top of back, and 91 " long from tail to head. The "Romance" Mare is 30" wide from right to left side, 85" high from ground to top of head, 63" high from ground to top of back, and 122" from tail to head. These pieces are larger than life size. Commissioner Leidner asked if the $50,000 will offset any other fees that Griffin Ranch would have to pay to the City for other services. Director Hylton stated that Trans West is requesting to pay the full cost of $240,000, and then be able to utilize the APP funds that are being collected by the City for Griffin Ranch. Mr. Herman, Trans West Housing, stated that their development has paid approximately $9,000 in APP fees and anticipates a total of $66,000 in APP Community Services Commission Minutes June 11, 2007 -3- residential fees and $10,000 for the clubhouse APP fees. Trans West is asking for a reimbursement of the $9,000 and a credit for all of the Griffin Ranch APP fees that will be generated; this will be no cost to Trans West, just no fees on the building permits up to the $240,000. Vice -Chairperson Sylk asked who would own the pieces. Mr. Herman stated that the City of La Quinta would own the pieces. Vice -Chairperson Sylk asked how much the pieces would weigh. Mr. Spellerberg stated that the pieces will be approximately 1,200 to 1,400 pounds each. Commissioner Leidner asked what the future maintenance of these pieces would be. Mr. Spellerberg stated that he would give the maintenance program for the pieces to the City. Commissioner Gassman asked what the timing of the placement would be. Mr. Spellerberg stated the first piece is scheduled to be placed in September 2007 and the second piece in 2008. Commissioner Leidner asked if there would be street lights at this corner and if so would the pieces be affected. Mr. Herman stated that the pieces will be set back far enough from the intersection to avoid any conflicts. Motion - It was moved by Commissioner Gassman and seconded by Vice Chairperson Sylk to recommend Trans West Housing purchase the two art pieces "Freedom" and "Romance" and be credited all of the Griffin Ranch APP fees. Motion carried unanimously. 2. Consideration of a Historical Mural in the Museum Community Room. Commissioner Gassman asked what the logo is on the Golfers cap. Artist, Andre Blanche, stated it is the SilverRock Resort logo. Commissioner Leidner stated he would like to see the floor plans for the new Museum Community room to see where the mural is facing when you walk into the room. Bob Palmer stated that the La Quinta Historical Society has approved this mural and would like to donate $2,500 towards its purchase. Commissioner Gassman stated this type of mural seems perfect for the museum. Commissioner Long suggested that the golfer have a face, the bridge railings be smaller, and the Civic Center entrance be smaller. 419 Community Services Commission Minutes June 11, 2007 -4- Mr. Blanche stated that the bridge railings were put in to lead into the mountain scene. These are current art in public places pieces that are symbolic of the future. Vice -Chairperson Sylk stated that he would like some of the areas to be softened up. Chairperson Weber stated he liked the idea and would like to see it toned down or take out the bridge. Motion — It was moved by Vice -Chairperson Sylk and seconded by Commissioner Long to table this item until the September 10, 2007 meeting. Motion carried unanimously. 3. Consideration of a Dark Meeting in August 2007 Chairperson Weber asked if the City Council will be going dark in August 2007. Director Hylton stated the City Council will be dark the second meeting in August 2007 and the first meeting in September 2007. Motion — It was moved by Vice -Chairperson Sylk and seconded by Commissioner Leidner to elect to go dark in August 2007. Motion carried unanimously. CORRESPONDENCE AND WRITTEN MATERIALS 1. Monthly Department Report for May 2007 Commissioner Leidner stated that he would like staff to contact Vector Control to hand out the mosquito repellant lotion at the Open Air Cinema events. Commissioner Gassman asked if the Commission usage of the Senior Center room is interfering with any rentals or activities. Director Hylton stated that there are no activities scheduled at the same time as the Commission meetings and the classroom doesn't get rented. Commissioner Long noted that the change in the resident card term has made a loss in revenue. Commissioner Long asked if the Sports Associations had submitted a financial report as requested in the sports meeting attended last year. Director Hylton noted that there has been an increase in vandalism over the past few weekends. Staff has been working with the new Police Chief and their department has caught three of the four individuals involved in these incidents. Commissioner Leidner suggested inviting the new Police Chief to one of the Commission meetings. 9 490 Community Services Commission Minutes June 11, 2007 -5- 2. Calendar of Monthly Events COMMISSIONER ITEMS 1. Reports from Commissioners Regarding Meetings Attended. OPEN DISCUSSION Chairperson Weber noted that Director Hylton and he have met with the AYSO to continue to work with their organization regarding use of the fields. ADJOURNMENT It was moved by Vice -Chairperson Sylk and seconded by Commissioner Long to adjourn the Community Services Commission meeting at 6:52 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on July 9, 2007 commencing at 5:30 p.m. in the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253. by: Community Series Secretary 4 2.1 Department Report: _1- A a, c OF T TO: The Honorable Mayor and Members of the City Council FROM: Bret Plumlee, Assistant City Manager, DATE: August 7, 2007 SUBJECT: Department Report — Response to Public Comment The following public comment was made at the July 17, 2007 City Council meeting: 1. Bernlie Westberg„ 79-340 Rose Dawn, La Quinta, expressed concerned with plans for eight -foot walls at Watercolors, as well as plans to construct three-story buildings in the community. 2. Emily Romeo, 47-738 Endless Sky, La Quinta, attended City Council meeting of July 3, 2007. She stated the residents of Watercolors did not agree to the 10 foot wall as presented in the staff report, and residents facing the wall had conveyed concern for an 8 foot wall. She also stated the residents were not informed of the development of three-story buildings in the community. She also was concerned with the parking density for the proposed project. 3. Rita Leibowitz, 79-265 Sign of Spring, La Quinta, stated her concern in having youth living in close proximity to a senior citizen development. She also requested Council to reconsider building an 8 foot wall for security and noise abatement. Discussion was held by Council members who asked for clarification from the Assistant City Manager, Doug Evans, regarding the height of the proposed wall. The City Attorney stated the Planning Director had the authority to determine the minor change. The consensus of Council was to have Coachella Valley Housing Coalition (CVHC) change the plans to have the wall built to an 8 foot height. Doug Evans said the Planning department will notify CVHC. a 422 i< 4 `y OF1� COUNCIL/RDA MEET NGDATE: August 7, 2007 AGENDA CATEGORY: rfm*fu*xxy0x301 a, ITEM TITLE: Public Hearing Adopting A Resolution CONSENT CALENDAR: Approving the Placement of Weed Abatement/Lot Cleaning Assessments on the 2006/2007 Property Tax STUDY SESSION: Roll 1 PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2006/2007 Property Tax Roll as listed in the Resolution. FISCAL IMPLICATIONS: 1►[M CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Public Hearing is to provide the City Council the opportunity to hear and consider all public objections and protests, if any, to the report filed with the City Council containing a description of each real property parcel cleared or cleaned by the City of La Quinta. Notices of tonight's Public Hearing were posted advising of the hearing date. No written communications have been received regarding this matter. V M All of the listed property owners have been notified of the costs associated with the abatement and have been given more than 30 days in which to reimburse the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2006/2007 Property Tax Roll as listed in the Resolution; or 2. Do not adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2006/2007 Property Tax Roll; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Building and Safety Director Approved for submission by: Thomas P. Genovese, City Manager V. 424 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE WHEREAS, Chapter 11.72 of the La Quinta Municipal Code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and WHEREAS, in accordance with said abatement procedures, the Building and Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has been given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of said costs against said properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a Public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the Building and Safety Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. «. 425 Resolution No. 2007 Fund Number 68-2378/Weed Abatement Adopted: August 7, 2007 Page 2 ASSESSOR'S COST OF ADMIN FEE NAME PARCEL NO. ABATEMENT (25%) TOTAL Soojian 773-221-01 1 800.00 200.00 1000.00 Reyes 773-133-008 200.00 50.00 250.00 Overstreet 773-062-025 300.00 75.00 375.00 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 0 425 Resolution No. 2007 Fund Number 68-2378/Weed Abatement Adopted: August 7, 2007 Page 3 DON ADOLPH, Mayor City of La Quinta, California 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 42 �T O4 O � s cENOF F449v COUNCIU/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Public Hearing to Consider Adopting Resolutions of the City Council: 1) Adopting a Mitigated Negative Declaration for Environmental Assessment 2007-584; 2) Approving Specific Plan 2007-082; 3) Approving Site Development Permit 2007-885 for the Architectural and Landscaping Plans for the Clubhouse Facility for The La Quinta Country Club, Located Along the North Side of Avenue 50 and the East Side of Eisenhower Drive. Applicant: La Quinta Country Club AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1.9 RECOMMENDATION Adopt a Resolution of the City Council adopting a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2007-584; and, Adopt a Resolution of the City Council approving Specific Plan 2007-082, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 2007-885, subject to attached Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW Environmental Review The La Quinta Planning Department has prepared Environmental Assessment 2007- 584 for Specific Plan 2007-082 and Site Development Permit 2007-885 in compliance with the requirements of the California Environmental Quality Act of 1970, as 4 428 amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact be certified. Surrounding Land Uses North: Golf Course; La Quinta Country Club South: Avenue 50; Haciendas at La Quinta East: La Quinta Country Club West: Eisenhower Drive; La Quinta Resort and Santa Rosa Cove General Plan Designation G (Golf Course) Zoning Designation GC (Golf Course) Project Background The La Quinta Country Club, bounded by Eisenhower Drive on the north and west, Washington Street on the east, and Avenue 50 on the south, was established in 1959 as a private golf club (Attachment 1, Sheet 5). The original clubhouse, located on an approximately 20-acre site at the northeast corner of Eisenhower Drive and Avenue 50, suffered significant foundation and structural damage during a 2005 earthquake. The City of La Quinta subsequently condemned the building, and declared it unsafe. The clubhouse has since been demolished and replaced by a temporary facility. PROJECT REQUEST The applicant is requesting consideration of the architectural design and associated landscaping plans for the new permanent clubhouse, golf cart barn, and maintenance building. The request also includes relocating the existing lighted tennis court and parking lot facilities, as well as a redesign of the driving range. The new clubhouse is proposed to be located at the same location as the previous clubhouse. Existing residential and golf developments are located adjacent to, and immediately north and east of the driving range (La Quinta Country Club), across Avenue 50 to the south (Haciendas at La Quinta), and across Eisenhower Drive to the west (La Quinta Resort, Santa Rosa Cove). Access to the clubhouse will be off of Avenue 50 to the south, with a main entry drive leading from the main gates to the clubhouse courtyard. The new cart barn is proposed to remain in generally the same location just north of the clubhouse, and the new maintenance building will be located on the southwest corner of the project site, M abutting Avenue 50 and Eisenhower Drive. The redesigned driving range will remain at its current location, east of the entry drive, and the tennis courts are proposed to be relocated east of the entrance and entry drive, at the far end of the driving range. The existing concrete masonry walls located along the northern, eastern, and western perimeters of the clubhouse site, which vary from 6-feet to 8'-4" in height, are proposed to remain as is. The southern perimeter wall, that abuts the driving range along Avenue 50, is proposed to be replaced with a new masonry wall consistent with the existing wall that will be located on top of an earthen berm. The southern perimeter wall between Eisenhower Drive and the main entrance will remain as is. Perimeter landscaping conditions will, for the most part, remain as is except for new landscaping proposed along Avenue 50 in association with the new berm and wall. The existing palm trees along Avenue 50, near the edge of the driving range, are proposed to be removed in order to make way for the new berm and wall. The applicant has also submitted a Specific Plan with this Site Development Permit in order to allow modifications to the relevant development standards (Attachment 1, Sheet 10). Clubhouse: The new La Quinta Country Club clubhouse is proposed to be a multi -story, all inclusive facility (Attachment 1, Sheet A-1). The Santa Barbara architectural style of the clubhouse building, cart barn, and maintenance building, includes use of clay mission tile roofing, off-white hand -troweled plaster finish, cantera stone, vinyl -clad wood doors and windows, and strategically -placed terraces, trellises, and covered patios. In addition, elaborate iron grille -work, decorative wall sconces, enhanced exterior moulding, balustrades/railings, and other design elements provide architectural articulation to the various building facades (Attachment 1, Sheet A-7—A-8). The proposed clubhouse features a main entry drive leading from Avenue 50 to a vehicular courtyard and porte cochere (Attachment 1, Sheet A-3). An entrance loggia leads from the courtyard to the lobby of the approximately 15,500 square -foot clubhouse Main Level, which includes a lounge, 112-seat restaurant, 40-seat private dining room, and administrative offices (Attachment 1, Sheet A-4). The lower level, or Golf Level, at approximately 22,500 square feet, houses the men's and women's locker rooms, fitness center and training studio, snack bar, employee lounge area, maintenance/mechanical rooms, and access to the clubhouse service yard. The Pro Shop/Starter is located near the rear of the building, and leads directly outside to the golf cart staging area (Attachment 1, Sheet A-5). The applicant originally proposes to add a ballroom, located at the western end of the clubhouse, at a later date (Phase Two) to what would be an already existing clubhouse 439 (Attachment 1, Sheet A-17). The applicant has revised the phasing to include the ballroom exterior with Phase One, adding architectural modifications and leaving the installation of doors and windows for Phase Two. The additional architectural modifications on the west -facing building elevation, which were modified as a result of staff's initial concern over height and massing, include a larger ballroom patio area that results in a greater plane break and raised roof, additional windows, and added grille - work and arches (Attachment 2). The facilities would include an approximately 2,900 square -foot ballroom/banquet hall, a pre -function lobby, and an entry porch. With all phases complete, the total area of the proposed clubhouse is approximately 43,000 square feet. The original clubhouse, which was single level and also included the cart barn, was approximately 60,000 square feet. The uses within the proposed clubhouse are similar to the original clubhouse, and the intensity of uses has essentially remained the same. As proposed, the clubhouse is situated on multiple grades as the entry drive and much of the parking lot will be graded to lead up to the main level. The building height, not including the uninhabitable tower feature, ranges from approximately 19 feet to 43 feet. The tower is approximately 52 feet in height. The height of the Phase Two ballroom is approximately 43 feet at its highest ridgeline (Attachment 1, Sheet A-21 - A-22). Cart Barn & Maintenance Building: The proposed golf cart barn is located near the rear (north) of the clubhouse, adjacent to the cart staging area. The architectural style of the cart barn will be consistent with the clubhouse, and will utilize the same materials and colors. The interior of the cart barn, at approximately 6,500 square feet, includes parking spaces for 99 golf carts, a repair area, bag storage room, office space, and a cart wash. At its highest roof ridgeline, the proposed cart barn is approximately 17 feet in height (Attachment 1, Sheet A-15 - A-16). The approximately 8,000 square -foot maintenance building is proposed to be located towards the southwestern corner of the project area, near the Avenue 50 entrance. This facility, like the cart barn, has the same architectural style as the clubhouse, with the addition of numerous painted roll -up metal doors, small window openings, and wrought iron gates. The interior of the maintenance building includes a 4,200 square foot equipment storage area, lunch room, office and storage space, a repair shop area, and a covered open area for fertilizer storage. At its highest roof ridgeline, the maintenance building is approximately 22 feet in height (Attachment 1, Sheet A-13 - A-14). 10 431 Parking Lot/Tennis Courts/Driving Range: The clubhouse parking lot, which includes a total of 214 parking spaces, is located south of the clubhouse (Attachment 1, Sheet A-17). Numerous decorative parking lot lights are strategically -placed throughout the lot. As was the practice with the previous clubhouse, most patrons are expected to valet park their vehicle in the entrance courtyard. Near the main entrance to the clubhouse site, at the northeast corner of Avenue 50 and the entry drive, is the proposed site of the relocated tennis courts (Attachment 1, Sheet A-17). The two courts are proposed to be screened with 12-foot tall green vinyl -clad chain link fencing with netting and will include lighting for evening play. A total of twelve (six per court), 18-foot tall, individual lights are proposed, which is less than the existing lighted tennis courts that have eight individual light sources per court. Also included with this proposal are plans to redesign the existing driving range and short game practice area. The applicant is proposing to borrow/relocate approximately 30,000 cubic yards of fill material from the existing driving range to form the proposed parking lot and interior vehicular routes, which will gradually lower the driving range from north to south, resulting in added yardage/length to the range. The lowered range area will also serve as a stormwater retention area. Additionally, at the far end of the driving range, running adjacent to Avenue 50, the applicant is proposing an earthen berm of up to six feet in height with a maximum six foot high masonry wall being placed on top (Attachment 3). The berm is proposed to begin at the eastern property line along Avenue 50, continue the width of the driving range, gradually lowering in height as it nears the tennis courts and main entrance. Though taller than the current design, the wall will be set back further from Avenue 50 and the maximum slope proposed for the berm is 5:1. Past instances of stray golf ball flight over the existing minimally -screened driving range perimeter has prompted the applicant to propose the perimeter berm and wall design. Landscaping: Landscaping throughout the clubhouse site is designed to complement the architecture of the clubhouse and various ancillary buildings. Around the clubhouse site are various palm trees and shrubs, with minimal use of turf, which has been limited to a lawn area in front of the clubhouse and the driving range. The use of numerous Date Palms and Mediterranean Fan Palms, as well as Italian Cypress, Pepper Trees, and Tipu Trees sufficiently reflect the Santa Barbara architectural style, while providing screening and accents around the clubhouse site, including the parking lot area, main entry drive, maintenance facility, and interior perimeter (Attachment 1, Sheet LA-1). The perimeter earthen berm proposed adjacent to Avenue 50 includes a lush landscape design that includes mature trees, shrubs, and groundcover (minimum 36-48" box trees; minimum 15 gallon shrubs; minimum five gallon groundcover) (Attachment 3). 432 Walls, fences, and gates throughout the clubhouse site consist of different design elements. The existing perimeter wall along Eisenhower Drive will remain, while the wall along Avenue 50 is proposed to be replaced with a masonry wall, similar in design to the existing wall, to be located on top of the berm. The main entrance to the clubhouse site includes two sets of Santa Barbara -style wrought iron gates with compatible pilasters, and decorative pavers that line the entrance area (Attachment 4). Specific Plan: The applicant has applied for a Specific Plan, proposing to allow flexibility from the following development standards in the La Quinta Municipal Code (Attachment 1, Sheet 10): Maximum Structure Height Building SstbacklHeights from Image Corridors Parking Spaces Required for Ballroom/Halls LQMC Development 22 feet for Image Corridor, 150 feet from Eisenhower 1 space, to square feet dge halls and for clubs, lodge Standard 28 feet otherwise Drive right-of-way union halls LQCC 43'-6" (52' architectural 135 feet from Eisenhower 1 space/75 square feet of Specific Plan projection - tower) Drive right-of-way ballroom area ANALYSIS Clubhouse: Staff finds that the overall architectural style and design of the proposed La Quinta Country Club clubhouse site to be acceptable. The Santa Barbara architecture and layout of the clubhouse is well designed, compatible with the surrounding residential neighborhood, and is consistent with the development guidelines stated in the proposed Specific Plan. The selected supplemental design elements (sconces, grille - work, etc.) appropriately complement the architecture of the building, and provide sufficient architectural articulation. Initially, the height and design of the west -facing building elevation after completion of the Phase Two ballroom, coupled with the distance from Eisenhower Drive, presented a massing issue as the elevation was moderately out of scale with its surrounding area (Attachment 5). The applicant's redesign of the elevation, as described in the Project Description section above, alleviates much of staff's concern as it softens the visual impact of the building as seen from Eisenhower Drive (Attachment 6). The redesign of the elevation, coupled with the additional staff -recommended mature perimeter landscaping as described below, results in the building not being considerably out of scale or incompatible with the surrounding neighborhood. W. 433 Cart Barn & Maintenance Building: The proposed cart barn and maintenance building are appropriate and well -designed. The original cart barn was approximately 20 feet from the nearest residential property line. The proposed cart barn will be approximately 47 feet from the same residential property line, and approximately 80 feet from the Eisenhower Drive perimeter wall. The use will be located an additional distance from neighboring properties than the current condition, the building is single -story and relatively low in height, well -designed architecturally, and adequately screened from any residential property. The arrangement and orientation of the maintenance building, as well as the consistent use of the Santa Barbara architectural style, are acceptable. However, staff is recommending that additional landscaping, in the form of mature (minimum 36-48" box) trees and/or palms, be used on both the interior and exterior of the perimeter wall at the western end of the maintenance yard (near the wash down station). Existing landscaping at this particular location is minimal, and staff believes that additional landscaping is needed to sufficiently screen the maintenance building from the neighboring residential uses across Eisenhower Drive. Parking Lot/Tennis Courts/Driving Range: Staff finds the design of the La Quinta Country Club clubhouse parking lot to be acceptable. The parking lot is designed with a clear separation of vehicular and pedestrian circulation, and also provides sufficient screening from the neighboring residential units across Eisenhower Drive. The proposal provides for 214 parking spaces, which exceeds the 192 parking spaces required in the proposed Specific Plan, as well as the approximately 180 parking spaces provided with the original clubhouse. Additionally, the use of strategically -placed parking lot lighting results in a safe and secure environment. However, the lighting is proposed at locations that were previously unlit that could result in a negative impact upon neighboring residences. The Planning Commission has recommended the applicant collaborate with staff in finalizing lighting placement locations, shielding, and duration of illumination. The layout of the illuminated tennis court area is acceptable. The 12-foot high tennis fence and tennis court lighting is anticipated to have minimal impact on the nearby residential units across Avenue 50 as it would be located approximately 150 feet from the nearest residential property line and will include mature landscaping that may alleviate any impact as described in the landscaping analysis below. Additionally, the number of light sources proposed (six per court) is less than what exists at the current courts, and also complies with applicable La Quinta Municipal Code provisions. Staff finds no significant issues regarding the redesign of the driving range. Besides the lowering of the entire site, there is little change in the actual layout of the range, resulting in minimal impacts. Similar to the area adjacent to the tennis courts, staff d... 4 3 4 finds that the landscaping along the berm on the southern perimeter of the driving range to be sufficient, as the robust use of screen trees and shrubs along Avenue 50 provides adequate visual screening as well as golf ball screening. Landscaping: In general, the proposed landscape palette presented is acceptable. The assorted species of plants, which are taken from the approved plant list in the proposed Specific Plan, provide diversity and add character to the proposed buildings. 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 the clubhouse service areas, parking areas, and other project aspects. As previously stated, landscaping along the Avenue•50 earthen berm from the eastern property line to the main entry drive is lush, wide-ranging, and provides adequate screening for golf balls. Staff is recommending, however, that the applicant install mature trees, shrubs, and groundcover, as failure to do so may result in safety and visual concerns. Landscaping in all other areas of the clubhouse site is sufficient, except for the perimeter treatment adjacent to the maintenance building area and along the western property line nearest to the west -facing clubhouse elevation. The configuration of the maintenance building and clubhouse, in addition to the lack of mature landscaping and screening, could potentially result in an undesirable visual impact along Eisenhower Drive. The Planning Commission recommended the applicant provide additional landscaping, in the form of mature trees and/or palms consistent with the existing tree palette, on the western end of the maintenance yard (near the wash down station) and near the west -facing clubhouse building elevation, in the landscaped area outside of the perimeter wall along Eisenhower Drive. Architecture and Landscaping Review Committee Review (ALRC) On June 6, 2007, the Architecture and Landscaping Review Committee reviewed the architectural and common area landscaping plans for the La Quinta Country Club clubhouse, and unanimously recommended approval of the Site Development Permit, subject to staff -recommended Conditions of Approval (Attachment 7). Planning Commission Review The Planning Commission, at its meeting of July 10, 2007, reviewed the proposal, and unanimously adopted Resolutions 2007-028, 2007-029, and 2007-030, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2007-584, approval of Specific Plan 2007-082, and approval of Site Development Permit 2007-885, respectively, subject to Conditions of Approval (Attachment 8). 435 Upon further review of the Site Development Permit Conditions of Approval, the applicant has requested that Condition 13(c) be deleted. The Condition requires that an eight -foot meandering sidewalk be constructed in the landscape setback on the north side of Avenue 50. A sidewalk currently exists along the north side of Avenue 50 between Eisenhower Drive and the main entrance. Staff agrees with the applicant's concern in that where the conditioned sidewalk would terminate at the east property line, there would be no continuing pedestrian access, and could therefore result in people crossing Avenue 50 mid -block in an uncontrolled environment, to get to the existing sidewalk across the street on the south side of Avenue 50. As the Planning Commission has already recommended approval of this Condition, it would be necessary for City Council to take the necessary action for it to be removed. Public Notice This project was advertised in The Desert Sun newspaper on July 27, 2007, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. As per SB-18 (2004) consultation requirements, information regarding the proposed Specific Plan was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. Staff has followed up with all Tribes requesting information or consultation and placed appropriate recommendations for monitoring in the Conditions of Approval. 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 adopting a Mitigated Negative Declaration for Environmental Assessment 2007-584; Adopt a Resolution of the City Council approving Specific Plan 2007-082, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 2007-885, subject to attached Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council approving Environmental Assessment 2007-584, Specific Plan 2007-082, and Site Development Permit 2007-885. 3. Provide staff with alternative direction. V 436 Respectfullyhsubmitted, , Planning Director Attachments Approved for submission by: Thomas P. Genovese, City Manager 1. La Quinta Country Club Specific Plan (booklet) 2. Revised west -facing building elevation details 3. Avenue 50 earthen berm details 4. Entry gate exhibit 5. Photo simulation/renderings 6. Updated photo simulation/renderings 7. ALRC Minutes for June 6, 2007 8. PC Minutes for July 10, 2007 437 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR THE LA QUINTA COUNTRY CLUB SPECIFIC PLAN 2007-082 AND SITE DEVELOPMENT PERMIT 2007-885. CASE NO.: ENVIRONMENTAL ASSESSMENT 2007-584 APPLICANT: LA QUINTA COUNTRY CLUB WHEREAS, the City Council of the City of La Quinta, California, did, on the 7th day of August, 2007 hold a duly noticed Public Hearing to consider a request by La Quinta Country Club to adopt Environmental Assessment 2007-584, prepared for Specific Plan 2007-082 and Site Development Permit 2007-885, known as the La Quinta Country Club clubhouse, located north of Avenue 50 and east of Eisenhower Drive, more particularly described as: APN: 658-190-002, 658-190-003 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 101h day of July, 2007 hold a duly noticed Public Hearing and recommended certification of a Mitigated Negative Declaration for Environmental Assessment 2007-584, prepared for Specific Plan 2007-082 and Site Development Permit 2007-885, known as the La Quinta Country Club clubhouse; and WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 2007-584) and has determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non - significance, and that a Mitigated Negative Declaration of environmental impact should be adopted; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify adoption of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2007-584. 438 City Council Resolution No. 2007- Environmental Assessment 2007-584 La Quinta Country Club August 7, 2007 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Development of the site has the potential to impact cultural and paleontological resources. However, the mitigation measures included in the project approval will reduce these potential impacts to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The project is consistent with the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. The Coachella Valley is in a non -attainment area for PM10, and development of the site will generate PM10; however, several mitigation measures to reduce the potential impacts on air quality have been incorporated into the project approval. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2007-584 and said Assessment reflects the independent judgment of the City. i. 439 City Council Resolution No. 2007- Environmental Assessment 2007-584 La Quinta Country Club August 7, 2007 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Planning Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2007-584 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Planning Department. 3. That Environmental Assessment 2007-584 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71" day of August, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 44iJ City Council Resolution No. 2007- Environmental Assessment 2007-584 La Quints Country Club August 7, 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 4r1 Environmental Checklist Form Project title: Specific Plan 07-082, Site Development Permit 07-885, La Quinta Country Club Club House 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact person and phone number: Jay Wuu, Assistant Planner 760-777-7125 4. Project location: Northeast corner of Eisenhower Drive and Avenue 50. APN Portions of 658-190-002 & -003. 5. Project sponsor's name and address: La Quinta Country Club P. O. Box 99 La Quinta, CA 92253 General plan designation: Golf Course Open 7. Zoning: Golf Course Open Space Space Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The Specific Plan has been prepared to establish the design guidelines and standards which would allow the reconstruction of the Country Club clubhouse and associated facilities. The La Quinta Country Club is fully developed, with the clubhouse building having been demolished, due to unsafe structural conditions, in 2006. The proposed project would result in the construction of a new 42,872 square foot clubhouse, a 8,094 square foot maintenance building and a 6,665 square foot cart barn, parking areas for 214 vehicles, two tennis courts and driving range facilities. The total project area consists of 19.2 acres. The Site Development permit establishes the design of these facilities, and will allow the construction of the facilities. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Golf Course and Low Density Residential homes South: Avenue 50, Low Density Residential homes East: Low Density Residential homes West: Madison Eisenhower Drive, Low Density Residential and Tourist Commercial homes 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 442 -1- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, beckallpotenially significant effects (a) have been analyzed adequately in an GATNE DECLARATION pursuant to applicable standards, an (bided or mitigated pursuant to that earlier EIR or NEGATIVE luding revisions or mitigation measures that are impos on h nothing further is required. Signature Date EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance -3- it 4 4 4 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? (La Quinta General Plan Exhibit X 3.6 "Image Corridors") b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-c) The proposed project site is currently developed with land uses consistent with those proposed. The existing clubhouse and associated facilities, which are located immediately east of Eisenhower Drive, will be demolished. The proposed project will reconstruct the clubhouse at a distant of 135 feet east of Eisenhower Drive, and the cart barn at a distance of 80 feet from the roadway. The clubhouse is proposed to be one and two stories, to a maximum height of 44 feet, with a tower element extending to 52 feet (at the northeast corner of the clubhouse. The cart barn is proposed to be 17 feet in height. Parking and landscaping areas will be located adjacent to Eisenhower Drive. The proposed maintenance building will be located at the corner of Avenue 50 and Eisenhower Drive. The maintenance building is proposed to be 22 feet in height. The project site is located on a Primary Image Corridor (Eisenhower Drive), as defined in the General Plan. The designation prohibits the construction of buildings in excess of 22 feet within 150 feet of Eisenhower Drive. The proposed cart barn and maintenance building meet the height restrictions. The proposed clubhouse, however, will extend to a height of over 30 feet within the 150 foot setback. However, the structure will be located a distance of 135 from Eisenhower, and will include intervening landscaping and hardscape which will reduce the visual impact within the corridor area. Furthermore, the primary views in this area are to the south and east, whereas no significant viewshed occurs to the east. The original clubhouse and other facilities are similar in scale, although larger in mass, than the proposed project. The land uses proposed are identical to those currently -4- 445 occurring on the property. Therefore, development of the proposed project is not expected to significantly impact the visual character of the area. There are no significant scenic resources on the site. Impacts associated with scenic resources are expected to be insignificant. Impacts associated with scenic vistas are expected to be less than significant. d) The construction of the proposed project will cause an increase in light generation, primarily from car headlights and tennis court lighting. The majority of activities at the site, however, will be during daylight hours. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. The City standard, combined with the nature of the land use proposed, will assure that impacts are less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. 111-21 f.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) H. a)-c) The project site is located in the City's urban core, and is fully developed. No agricultural lands or Williamson Act contracts occur on the property, or in the vicinity of the property. Lands surrounding the project site are designated for urban development. The development of the proposed project will have no impact on agricultural resources. 446 -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact in. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- X attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo) Hl. a)- c) The development of the proposed project will result in air quality impacts associated with construction of the facilities. No impact will result from operation of the project, insofar as the clubhouse facilities and maintenance buildings already occur on the site, and the new facilities will not cause any increase in activities on the property. The proposed project will result in remedial earthwork on the property to address soil stability issues (please see the Soils and Geology Section, below). The site has previously been graded for the original facilities. The Tables below illustrate the potential impacts associated with fugitive dust, and cumulative grading equipment and grading worker trips emissions. 447 -6- Table 1 Fugitive Dust Potential (Dounds Der dav) Total Acres to be Factor Total Potential Dust _Disturbed at Buildout* (lbs./day/acre) Generation (lbs./day) _ 19.2 26.4 506.9 Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District, April 1993. Table 2 Grading - Related Exhaust Emissions Summary (Dounds Der dav) ROG CO NOx Sox PMta 105.19 85.90 8.50 3.67 Equipment Emissions 12.86 Workers' Vehicle Emissions - 3.34 0.36 0.00 0.03 Total Construction Emissions 12.86 108.53 86.26 8.51 3.70 SCAQMD Thresholds of Significance 75.00 550.00 100.00 150.00 150.00 As shown in Table 1, fugitive dust emissions during the grading of the site will exceed SCAQMD thresholds of significance, which establish a limit of 150 pounds per day. However, the City will require, in conformance with the requirements of the 2003 Coachella Valley PM10 Management Plan, the preparation of a dust control plan, which is required to include best management practices to reduce the amount of fugitive dust generated during grading. The dust management plan will also include provisions for the relocation of 30,000 cubic yards of fill proposed to be removed from the existing driving range area, and moved to the parking area on the western boundary of the project site. This component of the project is likely to include site watering and watering of soils in transit. These City requirements will reduce impacts associated with fugitive dust to less than significant levels. Table 2 demonstrates that the grading equipment and worker trips during the grading process will not exceed any of the SCAQMD thresholds. Impacts are therefore expected to be less than significant. III. d) & e) The project is not expected to generate objectionable odors, nor will it expose residents to concentrations of pollutants. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) -8- W. , 4' 9 IV. a)-f) The proposed project site is fully developed, and has been since 1959. Ornamental landscaping occurs throughout the site, which will be removed, relocated or reused within the proposed project. This landscaping is likely to provide habitat to common species which typically occur throughout La Quinta. No special status species are expected to occur on the site. There is no riparian habitat on the project site, nor are there any wetlands in the area. The proposed project is not expected to have any impact on biological resources. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'l5064.5? (General Plan MEA p. 123 ff.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to'l5064.5? (General Plan MEA p. 123 ff.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA p. 88 ff.) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V.a), b) & d) A Phase I cultural resources study was prepared for the project area. The study identified no resources on the property, but did identify a number of recorded sites within one mile of the proposed project. The study concludes that the current developed nature of the site, and the dense landscaping which therefore occurs, may be obscuring subsurface resources. These resources could be uncovered during project grading activities. This would be a potentially significant impact which would require mitigation, as follows: 1. A qualified archaeological monitor shall be on -site during all grubbing, grading and excavating activities for the proposed project. The monitor shall be empowered to stop and relocate activities, should resources be identified on the site. Such resources shall be inventoried, studied and removed, according to current professional practice. A final report of all monitoring activities shall be submitted to the Community Development Department within 30 days of completion of all monitoring activities on the site. "Historical/Archaeological Resources Survey Report La Quinta Country Club Clubhouse Specific Plan," prepared by CRM Tech, March 2007. -9- 450 With implementation of this mitigation measure, impacts to historical and archaeological resources will be less than significant. The site is not known to contain human remains. Should such remains be identified during grading, California law requires that the contractor contact law enforcement authorities, who are responsible for identifying the remains, and determining whether they have the potential to be Native American in nature. The proposed project will be subject to these requirements, assuring that any impacts associated with human remains on the site will be less than significant. V. c) The proposed project site lies within the General Plan's mapped boundary for ancient lake Cahuilla. The study conducted for the proposed project determined that potential sensitivity for such resources range from low to highz. The study found that the soils below those excavated for the original project may contain Quaternary Lakebed sediments, which could harbor resources. The potential impacts associated with paleontological resources in these soils could be significant. In order to assure that potential impacts associated with paleontologic resources are mitigated, the following mitigation measure shall be implemented: 1. A paleontologic monitor shall map site soils and determine which areas are likely to contain paleontological resources. The monitor shall be on -site during ground disturbance of these areas. The monitor shall be empowered to redirect activities, and shall quickly salvage fossils where identified. All resources recovered shall be properly documented and curated. A report of monitoring activities shall be provided to the Planning Department within 30 days of the completion of ground disturbing activities. With the implementation of this mitigation measure, potential impacts associated with paleontologic resources will be mitigated to a less than significant level. 2 "Paleontological Resources Assessment Report La Quinta Country Club Clubhouse Specific Plan," prepared by CRM Tech, March 2007. -to_ V! 451 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan MEA Exhibit 6.3) iv) Landslides? (General Plan MEA Exhibit X 6.4) b) Result in substantial soil erosion or X the loss of topsoil? (General Plan MEA Exhibit 6.5) c) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (General Plan MEA Exhibit 6.1) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-d) The site is not located in an Alquist-Priolo Earthquake Fault Zone. The site, and the City in general, are located in a seismically active area, and will experience strong groundshaking during an earthquake, as evidenced by the damage to the original clubhouse due to the Borrego Earthquake of 2005. At that time, it was found that the soils on the site were subject to subsidence or settlement. Since that time, extensive it- 452 91 soil investigation has occurred at the site 3. The first study was completed to evaluate soils conditions on the site associated with the original clubhouse. This investigation determined that a lateral separation was occurring within the facility, and that distress was evident in the walls and flatwork which surrounded the facility. The study also identified perched groundwater at a depth of 45 to 68 feet in the area, and a depth to groundwater of about 110 feet. The study concluded that land subsidence due to withdrawal of groundwater in the area was the cause of the significant settlement being experienced at the original clubhouse. As a result of these findings, and further damage in 2005, the clubhouse was demolished. The findings of the previous analysis, and the circumstances surrounding the original clubhouse's demolition, resulted in additional specialized geotechnical engineering being performed for the proposed project. This analysis, conducted in 2007, has determined that in order to assure that the structure is not subject to settlement, should additional subsidence occur on the site, a specialized foundation system, consisting of a mat foundation supported by columns of soil cement 4 feet in diameter is required. This recommendation will be reviewed and approved by the City Engineer and Building Department prior to the issuance of building permits on the site, assuring that the foundation system provided for the new structure will not result in an unsafe structure in a Zone 4 seismic area. The proposed project will be subject to wind and water erosion during the construction process. Wind erosion will be controlled by the Dust Management Plan required for the project, and further discussed in the Air Quality Section, above. Water erosion in the City is controlled through the implementation of the requirements of the NPDES, which requires the implementation of best management practices through a Stormwater Pollution Prevention Program (SWPPP). The SWPPP must include provisions for the on -site control of surface water, to assure that pollutants, silts and sediments are not allowed to enter surface water off site. These requirements will be approved prior to the issuance of grading permits, and will assure that the impacts associated with water erosion are reduced to less than significant levels. The proposed project is not located adjacent to any hillsides. There will therefore be no impact associated with landslides. The proposed project will be connected to CVWD sewer systems, and will therefore not require septic tanks. Overall impacts to geology and soils are expected to be less than significant. "Geotechnical Evaluation Report of Distress to Clubhouse Facility," prepared by Earth Systems Consultants, January 2000; "Proposed Foundation System for La Quints, Country Club," prepared by Advanced Geosolutions, Inc., January 2007; and "Infiltration/Percolation Testing" letter report, prepared by Sladden Engineering, April 2007. b '53 -12- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) - _r g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X -13- _, 4 J t significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The development of the proposed project will result in the storage of chemicals, oils and fertilizers associated with the maintenance of the golf course and equipment on the project site. This storage and use, however, is regulated by the County and the Fire Department, which will be responsible for issuance of permits for the proposed project. In the past, these activities have not resulted in any significant issues at the project site, and none are anticipated from the re -construction of facilities. Impacts are expected to be less than significant. The proposed project is not located within proximity of a school, or of an airport or airstrip. The project is located in the City's urban core, and is not subject to wildland fires. The site has been in operation for a number of years on existing City roadways, and will not affect emergency response plans. 455 -14- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?(General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental -15- 456 Assessment Exhibit 6.6) VIII. a)-g) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The project site already consumes domestic water for the same facilities as are contemplated for the proposed project. The CVWD has prepared a Water Management Plan, which included use at the project site, and which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long term. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures, which will ensure that the least amount of water is utilized within the clubhouse. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. A hydrology study has been prepared for the proposed project°. The analysis included a review of current conditions, and a determination that the current driving range area will be re -graded to create a retention basin with a capacity of 2.24 acre feet, to store the 100 year storm. All on -site drainage will be directed to this basin, through surface flow and pipes. The hydrologic and hydraulic calculations associated with this system will be approved by the City Engineer prior to the approval of grading permits for the project site. These existing City standards will assure that the proposed project will meet the City's requirements for flood control. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 4 "Preliminary Hydrology Report La Quinta Country Club — Club House," prepared by MDS Consulting, April 2007. -16- W. 457 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Exhibit 2.1) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? General Plan MEA p. 74 ff.) IX. a)-c) The proposed project has operated as a clubhouse, maintenance facility and cart barn since the 1950's. The proposed project is consistent with these land uses. There is no existing community, other than the existing country club, which would be impacted by the proposed project. The project site is designated for the land uses proposed. The project site will be subject to the requirements of any Habitat Conservation Plan in place at the time that building permits are issued. There will be no impacts to land use and planning. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recowa site delineated on a local -17- 458 general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 f ..)7 X. a) & b) The site is fully developed in urban land uses. There will be no impact to mineral resources as a result of the proposed project. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundbome vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) 18- - 459 XI. a)-f) The proposed project will result in the replacement of existing facilities. No increase in membership or overall activity at the site is expected as a result of implementation of the project. Therefore, the project will not result in any change in the noise environment at the site. The project is not considered a sensitive receptor, and is to be located at a distance of at least 135 feet from the Eisenhower Drive right of way. In addition, a wall and berming are proposed along Eisenhower. The majority of the facilities will be oriented away from the roadway, and toward the golf course. Therefore, long term noise levels are expected to be essentially unchanged from the current conditions at the site. Construction of the clubhouse, cart barn and maintenance facility will result in temporary noise from construction equipment. The clubhouse is to be located south of existing residential development. Existing residential development to the east of the project site will not experience construction noise, but will experience noise from the re -grading of the area. These impacts will be limited to the daytime hours prescribed for construction in the City's Municipal Code. In addition, the walls which separate the homes from the clubhouse and driving range area will provide noise attenuation for the residents. As a result, it is expected that the temporary impacts associated with construction at the site will be less than significant. The site is not located adjacent to an airport or air strip. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed clubhouse is being designed to accommodate existing membership, and is not planned to allow for additional members. As a result, the project will not induce any growth. The site has previously been developed for the uses currently planned, and the project will not displace any persons or housing units. No impacts associated with population or housing are expected. -20- W 461 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Public services are already provided to the project site for the existing and previously existing facilities. No increase in services is expected, since no increase in membership will occur as a result of the project's re -construction. 462 -21- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The proposed project is the reconstruction of previously occurring private recreational facilities which will once again be available for members. No impacts to existing recreational facilities are expected. 463 -22- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application materials) e) Result in inadequate emergency X access? (Application materials) I) Result in inadequate parking capacity? X (Application materials) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10) XV. a)-g) The proposed project will result in the re -construction of existing facilities. Project entry drives are proposed for the same locations as they currently occur. Project traffic generation will remain at the same levels as they currently are, since membership will not be increased by the proposed project. The site is within the service area of SunLine transit, whose routes occur in the vicinity of the proposed project. The site is located on existing City streets, and will continue to be accessed for emergency purposes from these streets. No impacts associated with traffic and circulation are expected. -23- p _ 4 b `# Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the projects solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) -24- m.. , 4 6 5 XVI. a)-g) The project area is currently served by CVWD for sanitary sewer service. CVWD's treatment plant has sufficient capacity, and has the ability to expand its capacity as demand rises. CVWD's Urban Water Management Plan incorporared the proposed project in its analysis, since the project existed at the time it was prepared. In addition, the District has sufficient water supplies, or plans for addition to its water supplies, to serve the proposed project and other projects in its service area in the long term. The proposed project's hydrologist has designed storm drainage on the property to retain the 100 year storm, as required by the City. The City Engineer will review the plans to assure that stone flows are adequately contained, prior to the issuance of grading permits. Domestic waste will be collected by Burtec, the City's solid waste franchisee. Burtec currently hauls City solid waste to the Edom Hill transfer station. From there, waste is transported to one of several regional landfills, including the Lambs Canyon, Badlands and El Sobrante landfills. These landfills have sufficient capacity to accommodate the proposed project. W 466 -25- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage X of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The development of the proposed project has the potential to impact archaeological and paleontologic resources. The mitigation measures included in this Initial Study, however, will reduce these potential impacts to less than significant levels. XVII. b) The proposed project continues an existing land use which was included in the land use map and analysis for the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts, as the proposed project will result in the re -construction of facilities which currently, or recently occurred on the site. XVII. d) The proposed project will generate fugitive dust and construction noise. However, neither of these impacts will be significant. 467 bd:IS XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. _27- 468 \ \ � \� k/ \§ w w § \ \ ° � k\ < \ � � f \ E ■ §§ �k |( §e u= uc k � \M ( \r �\f CY RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY -OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS AND GUIDELINES FOR A PROPOSED CLUBHOUSE FACILITY WITHIN THE LA QUINTA COUNTRY CLUB CASE NO.: SPECIFIC PLAN 2007-082 APPLICANT: LA QUINTA COUNTRY CLUB WHEREAS, the City Council of the City of La Quinta, California, did, on the 7tn day of August, 2007 hold a duly noticed Public Hearing to consider a request by La Quinta Country Club for approval of development principles and design guidelines of a Specific Plan for a proposed clubhouse facility within the La Quinta Country Club, located north of Avenue 50 and east of Eisenhower Drive, more particularly described as: APN: 658-190-002, 658-190-003 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2007-584 for Specific Plan 2007-082 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10t" day of July, 2007, hold a duly -noticed Public Hearing to consider a recommendation on said Specific Plan and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2007-029, recommending to the City Council approval of Specific Plan 2007-082; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan: 1. Consistency with the General Plan: The proposed Specific Plan is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Golf Course (GC) Land Use designation. 2. Public Welfare: Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare as 4��J City Council Resolution No. 2007- Specific Plan 2007-082 La Quinta Country Club August 7, 2007 Environmental Assessment 2007-584 was prepared, and ,certification of the Environmental Assessment would bring the project in compliance with CEQA requirements. 3. Land Use Compatibility: The proposed Specific Plan will continue the existing Golf Course (GC) land use of the La Quinta Country Club development and, in terms of surrounding land uses, is compatible to the residential uses in the immediate area, such as lower density residential and golf course uses. 4. Property Suitability: The proposed project is suitable and appropriate for the subject property, in that it is located in an area which was the previous location of similar uses, including a golf course club house, cart storage, and maintenance facilities. The proposed Specific Plan can be served without adverse impact by all necessary public services and utilities. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council for this proposed Specific Plan; 2. That it does hereby approve Specific Plan 2007-082 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 71h day of August, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 471 City Council Resolution No. 2007- Specific Plan 2007-082 La Quinta Country Club August 7, 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 472 CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN 2007-082 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. 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. Specific Plan 2007-082 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 2007-082, these conditions shall take precedence. 3. Specific Plan 2007-082 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Site Development Permit 2007-885 Environmental Assessment 2007-584 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document to the Planning Department. The Final Specific Plan shall include all project related final Conditions of Approval and correct any typographical errors, internal document inconsistencies, and/or minor amendments deemed necessary by City staff. 4'l3 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ARCHITECTURAL AND LANDSCAPING PLANS FOR A PROPOSED CLUBHOUSE FACILITY WITHIN THE LA QUINTA COUNTRY CLUB CASE NO.: SITE DEVELOPMENT PERMIT 2007-885 APPLICANT: LA QUINTA COUNTRY CLUB WHEREAS, the City Council of the City of La Quinta, California, did, on the 7th day of August, 2007 hold a duly noticed Public Hearing to consider a request by La Quinta Country Club for approval of site, architectural and landscaping plans for a proposed clubhouse and ancillary facilities within the La Quinta Country Club, located north of Avenue 50 and east of Eisenhower Drive, more particularly described as: APN: 658-190-002, 658-190-003 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 2007-584 for Site Development Permit 2007-885 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 6`h day of June, 2007, hold a public meeting to review and recommend approval of architecture and landscape plans for said clubhouse facility for the La Quinta Country Club; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10`h day of July, 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 2007-030, recommending to the City Council approval of Site Development Permit 2007-885; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 474 City Council Resolution No. 2007- Site Development Permit 2007-885 La Quints Country Club August 7, 2007 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 a location which is General Plan -designated for GC (Golf Course) 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 location zoned for GC (Golf Course) development. The Site Development Permit has been conditioned to ensure compliance with the zoning standards of the GC district, and other supplemental standards as established in Title 9 of the LQMC. 3. Compliance with the California Environmental Quality Act (CEQA): The La Quinta Planning Department has prepared Environmental Assessment 2007- 584 for Site Development Permit 2007-885 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance. 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 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 proposed Specific Plan for the La Quinta Country Club. The project 475 City Council Resolution No. 2007- Site Development Permit 2007-885 La Quinta Country Club August 7, 2007 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: That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Site Development Permit 2007-885 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 71h day of August, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California 06 City Council Resolution No. 2007- Site Development Permit 2007-885 La Quints Country Club August 7, 2007 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 477 CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. 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. This Site Development Permit, 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"). All Conditions of Approval for this Site Development Permit apply to Specific Plan 2001-082, including permit expiration. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 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) • Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) • SunLine Transit Agency 478 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 a 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. A project -specific NPDES construction 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. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). 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. .. 4 79 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 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. 6. 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). PROPERTY RIGHTS 7. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred right shall include irrevocable offers to dedicate or grant access easement to the City for emergency service 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 the 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 "La Quinta Country Club, Rules and Regulations" as approved by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 11 Avenue 50 (Primary Arterial, Option B 100' ROW) — No additional right- of-way is required for the standard 50 feet from the centerlines of Avenue 50 for a total 100-foot ultimate developed right of way. 2) Eisenhower Drive (Primary Arterial, Option B 100' ROW) — No additional right-of-way is required for the standard 50 feet from the centerlines of Eisenhower Drive for a total 100-foot ultimate developed right of way. 4��J CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 9. The applicant shall retain for private use on the Site Development Permit site plan 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. 10. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE ENTRY DRIVE 1) Private Entry Drive measured at gutter flow line to gutter flow line shall be 28 feet with on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the "La Quinta Country Club, Rules and Regulations". The "La Quinta Country Club, Rules and Regulations" shall be reviewed by the Engineering Department prior to recordation. 1 1 . When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Site Development Permit are necessary, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 12. Direct vehicular access to Eisenhower Drive and Avenue 50 is restricted, except for those access points identified on the site development permit, or as otherwise conditioned in these conditions of approval. 13. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 14. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 50 (Primary Arterial; 100' R/W Option B): No additional widening is required along all frontage adjacent to the Site Development Permit boundary to its ultimate width as specified in the General Plan and the requirements of these conditions except at locations where additional street width is needed to accommodate: CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMM SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 a) Improvements to the existing bus turnout and construction of a bus shelter on Avenue 50 (if required by Sunline Transit and/or the City) Other required improvements in the Avenue 50 right-of-way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. 2) Eisenhower Drive (Primary Arterial; 100' R/W Option B): No additional widening is required along all frontage adjacent to the Site Development Permit boundary to its ultimate width as specified in the General Plan. The applicant shall extend improvements beyond the site development permit boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). The applicant is responsible for construction of all improvements mentioned above. B. PRIVATE ENTRY DRIVE 1) Construct a minimum 28-foot wide travel width measured flow line to flow line. On -street parking shall be prohibited and the applicant shall make provisions for perpetual enforcement of the No Parking restrictions. 2) The Club House Circle is required to be redesigned to provide for a flared radius for smooth turning movements at the Circle. IN482 82 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMM SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 15. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn -around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. 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: Residential 3.0" a.c./4.5" c.a.b. 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. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenue 50): Full turn movements are permitted. B. Emergency Access (Eisenhower Drive): Full turn movement for emergency vehicle ingress and egress is permitted. 19. 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. A 483 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 20. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 21. 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. 22. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. On -Site Commercial Precise Grading 1 " = 20' Horizontal E. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D and E 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. .10 484 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 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 Site Development Plan when it is submitted for plan checking. "On -Site 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. 23. 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-guinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 24. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 25. 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. GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. 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. 28. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer, 4 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 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. E. 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 Precise Grading Plans 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. 29. 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. 30. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 31. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 4Sc CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 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. 32. 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. DRAINAGF 33. Stormwater handling shall conform with the preliminary hydrology and drainage report prepared by MDS Consulting dated June 2007 and per the latest revision as approved by the Public Works Department. Nuisance water shall be disposed of in an approved manner. 34. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event (which ever event produces the greatest total run off). 35. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 36. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise per the City's Engineering Bulletin. 37. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 38. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hyoraulic48 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 39. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 40. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 41. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 42. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 43. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 44. 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. 45. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 46. 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. 4s8 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 CONSTRUCTION 47. The City will conduct final inspection 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. LANDSCAPE AND IRRIGATION 48. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 49. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 50. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 51. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director and shall submit 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 Planning 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 Planning Director. 52. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 53. 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" 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. 489 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 54. The applicant shall provide additional landscaping, in the form of mature trees and/or palms, on the western end of the maintenance yard (near the wash down station), in the landscaped area outside of the perimeter wall along Eisenhower Drive. The applicant shall also provide additional mature landscaping in the same area outside of the perimeter wall near the west -facing clubhouse building elevation. 55. The applicant shall install mature trees, shrubs, and groundcover on the earthern berm along the Avenue 50 perimeter consistent with the preliminary landscaping plans. Tree size shall be a minimum 36" — 48" box. PUBLIC SERVICES 56. The applicant shall provide public transit improvements to the existing Bus Stop on Avenue 50 as required by SunLine Transit Agency and approved by the City Engineer. Additionally, an ADA accessible sidewalk shall be provided to the Club House facility proposed under this Site Development Permit as approved by the City Engineer. QUALITY ASSURANCE 57. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 58. 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. 59. 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. 60. 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. 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 toethe 43,E CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 City Engineer in lieu of mylar submittal. MAINTENANCE 61. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 62. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 63. 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. 64. 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 MARSHAL 65. 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 66. 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. PLANNING DEPARTMENT 67. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, including a Native -American. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 491 CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 68. A final archaeological monitoring report shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the project. 69. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 70. The conditions of approval for this project (SP 07-082, SDP 07-885) shall be included in the submitted Phase I report prior to issuance of the first permit requiring monitoring. 71. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. 72. The on- and off -site excavation, grading, trenching, etc. of areas identified by a qualified paleontological monitor as likely to contain paleontological resources as shall be monitored by a qualified paleontological monitor. Monitoring shall be restricted to undisturbed subsurface alluvium that might be present below the surface. The monitor(s) shall be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor should also remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained (signed contract) shall be given to City prior to issuance of first earth -moving permit, or before any clearing of the site is begun. Full-time monitoring is not necessary unless potentially—fossiliferous units are encountered and determined upon exposure and examination by qualified paleontologic personnel to have potential to contain fossil resources. 73. Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Recovered specimens shall be prepared and packaged so they can be identified and permanently preserved. 74. A report of paleontological findings with an appended itemized inventory of specimens shall be submitted to the City prior to occupancy being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify 49v CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-885 LA QUINTA COUNTRY CLUB AUGUST 7, 2007 completion of the program to mitigate impacts to paleontological resources. 75. Collected paleontological resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. 76. All roof top mechanical equipment shall be screened from view by parapet walls; this includes air conditioning units and fans and blower hoods for food service cooking. 77. No signage is permitted with this approval. A separate permit from the Planning Department is required for any temporary or permanent signs. 78. A Temporary Use Permit shall be required prior to placement of construction materials or trailers on site. 79. The applicant shall install fully -shielded light fixtures for all parking lot lights proposed along Eisenhower Drive. Said shields shall minimize light spillage outside the subject property, and shall be turned off when the clubhouse site is not in use. Final lighting placement locations, shielding, and duration of illumination shall be reviewed and approved by the Planning Director prior to installation. 80. The lighted tennis courts are subject to Section 9.60.150 of the La Quinta Municipal Code. The courts shall not be lit after 10:00pm. Prior to installation of lighting, the applicant shall also apply for a Minor Use Permit with the Planning Department for approval of the lighted tennis courts. 81. The applicant shall monitor golf ball flight patterns within the driving range, and prohibit the use of drivers. The Planning Department will coordinate with the Code Compliance Department in monitoring complaints of stray golf ball flight. IN 493 Oaa>p VIEM r<mD M" , r. C: r N NOS NOAP0 �041 y yyZ TTT FeF=F RRb RbcbucbYen M�epp.nnn.nnxep"n:::?d::F%s°"nn..n- �i HIM to A D n 494 z ft N _y r D p C z D 0 D r n O X Z D �I9 Am � o Wyx BBaBBCaa'aY6=a CWWx Rd RAt Ra'axYWxaxBWYYx BYYpY9C`Y::,:c:yp.�.�•^•"� m 9 01 s�` r Sc m 495 V 08 D 2 O z C f [ D ( q ( C 2 w X n r C 03 \ / 00 t"l- , &97 tLta w .. K 499 z W 1 E �F I � Zo I II I —m co n o zDo m m m �- --- =� 500 Zo I II I —m co n o zDo m m m �- --- =� 500 u"� t a pt t N "-0J ,WIN "�lerert f,�'' Yk'f^ { f h r J, ex J kt T` Y 4N�Mt�fi��}Ny�l 'E`p S 1` S 1 •f//.1 I� i f J� Al f ✓ +Iv A� l rR A d. od h _ ill I Y yty"� Iv - ENTRY t it LA QUINTA COUNTRY CLUB LA OLWA, CA a Ie 1 / C. 1 CI C. C• C• 504 i � � � S �' � � �<` o� `"��,` 4 d} �� , �I I p D so z C D Z D r O 0 ;u 0 z D Z 0 r C N m A 503 A D c .0 z C D D 1z r D o 0 X O z D C Z X n r C W N m O W Q O Am mx z0 jm7D7cc mQ �D AVl c Z� � DyD� C: �Z N\ 50.1 ,x g\\.< »� - � - �� - 7 � \\�\ ATTACHMENT i Architecture and Landscaping Review Committee June 6, 2007 3. There being no further questions, it was seconded by Committee Members B mith to adopt Minute Motion 2007-014 r ending approval of Site Development Permit - 62, as recommended by staff. Unanimously approved D. Site Development Permit 2006-885• a request of La Quinta Country Club for consideration of architectural and landscaping plans for a new clubhouse, cart barn, and maintenance building; the relocation of the tennis courts and parking lot; and redesign of the driving range for the property located at the northeast corner of Eisenhower Drive and Avenue 50. 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 Ron Sakahara, architect, who gave a presentation on the project. 2. Committee Member Smith asked if there were any recommendations for landscaping along Eisenhower Drive. Staff stated it is owned by the City and maintained by the applicant. Mr. Sakahara presented a new drawing for Committee consideration. 3. Committee Member Bobbitt stated he prefers the new design but should address the additional articulation staff was requesting. He would recommend a tall linear tree along the street. 4. Committee Member Bobbitt asked if steps had been taken in regard to the problems that caused this building to be constructed; the earthquake issues. Mr. Sakahara explained the structural details that had been added to the building. Committee Member Bobbitt asked about the earthen wall staff was recommending. Staff explained the idea was to have a plant pallet to soften the berm and keep it from looking new. The height of the berm with a wall is also to prevent golf balls from clearing the wall. 5. There being no further questions, it was moved and seconded by Committee Members Bobbitt/Smith to adopt Minute Motion 2007-015 recommending approval of Site Development Permit 2006-885, as recommended by staff and amended as follows: 503 5 Architecture and Landscaping Review Committee June 6, 2007 a. Condition #2: the last sentence shall be deleted b. Condition #3: deleted C. Condition #4: additional plants shall be added on the outside of the Eisenhower Drive wall. Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Smith to adjourn this meeting of the Architectural and Landscaping Review Committee to a Special Meeting to be held on June 27, 2007. This meeting was adjourned at 12:29 p.m. on June 6, 2007. Respectfully submitted, BETTY J. SAWYER Executive Secretary .91 509 E ATTACHMENT 8 Planning Commission Minutes July 10, 2007 V. PUBLIC HEARINGS: A. Environmental Assessment 2007-584 Specific Plan 2007-082 and Site Development Permit 2007-885; a request of La Quinta Country Club for consideration of architectural and landscaping plans for construction of a new clubhouse, cart barn, and maintenance building; the relocation of lighted tennis courts and parking lot, and the redesign of the driving range for the La Quinta Country Club located north of Avenue 50 and east of Eisenhower Drive. 1. Chairman Alderson 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 Alderson asked if there were any questions of staff. Commissioner Quill asked about the parking lot lighting. Staff explained the lighting plan. 3. Commissioner Barrows asked if the parking lot would be lit and if the lighting proposed is decorative, and what is the reason for the lighting plan. Staff stated their concern was that there would be some type of effect as the wattage is greater than zero. 4. Commissioner Daniels asked what the distance was from the closest point of the driving range to the street. Staff stated the applicant would provide that information. Commissioner Daniels asked if there was a possibility of moving the driving range further to the north. Second, it appears the tennis courts are located in close proximity to the golf course and players could potentially be hit by balls. Staff clarified the applicant has stated it is back as far as possible. In regard to the tennis courts, the applicant believes the tennis court fences have been proposed to prevent this from happening and staff believes it is adequate. 5. Chairman Alderson stated the building height is above the allowable height. Staff stated it is over the height, but the applicant filed a Specific Plan which, if approved, will allow them to deviate from the Code requirements. 6. Commissioner Quill stated the tennis courts are proposed to be submerged and there will be four and not two courts. In addition, the lights will also be installed at the lower level with the terlSis Ur 19 G:\WPDOCS\PC Minutes\2007\7-10-07.doc 2 Planning Commission Minutes July 10, 2007 courts. Staff stated the light sources will rise above the height of the fence, but will be at the lower elevation with the courts. 7. Chairman Alderson asked if the fertilizer storage buildings will create any odors. Staff stated the building will be enclosed and all chemicals contained inside. Chairman Alderson asked if within the circular drive at the entrance, will there be a water feature. Staff stated the plans have it called out as desert landscape. There is no water feature proposed. 8. Commissioner Barrows asked if the lighting would be required under the City's current standards. Staff stated it is optional and the applicant has stated there is a need for it. 9. Commissioner Daniels stated the parking calculations are going from 1 /35 to 1 /75; is this based upon practice that the City standards are being reduced or has the need decreased. Staff stated the project has a ballroom and other associated uses or activities are not defined in the Code in regard to the number of spaces needed. Staff took a conservative position in determining the number needed. More parking is being provided than previously existed with the larger clubhouse. 10. Commissioner Quill stated the coach lights on the building have a tendency to bleed; is there a way to use this type of fixture and not let it bleed out. Planning Director Les Johnson stated you could put a louvered insert over the bulb to diffuse the light. Another option is to frost the glass. If the Commission is concerned they could be conditioned to do one of the options. 11. Commissioner Engle stated he sees a shoebox light fixture as well as the coach. 12.. Commissioner Quill stated the shoebox will be used at the tennis courts and the coach at the maintenance facility. 13. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Heinz Hoffman, representing the La Quinta Country Club, gave a presentation on the project. He stated he had no concerns with the conditions as proposed. He introduced Ron Sakahara, architect, Ron Gregory, landscape architect, George Prine, MDS Consulting, and Ron Kirk, President of the HOA. G:\WPDOCS\PC Minutes\2007\7-10-07.doc 3 Planning Commission Minutes July 10, 2007 14. Commissioner Quill asked about the coach lights. Mr. Sakahara stated they could be completely shielded. The lighting in the parking lot is for security purposes. They do not want the full candle light, but will be using the shielded light source. This will also apply to the tennis court lights. The current parking lot does have lights. 15. Commissioner Barrows asked about decreasing the intensity of the lights. Mr. Sakahara stated they would work with staff to reduce the number and/or intensity. 16. Commissioner Daniels asked if the driving range could be moved further north and whether or not they have concerns regarding balls being hit in this direction. Mr. Hoffman stated they do have a concern and have self imposed a condition on their members that no drivers can be used on the driving range. The tennis courts have been placed near the short game area to help off -set concern about misdirected golf balls. 17. Chairman Alderson asked if they were agreeable with the conditions as submitted tonight. Mr. Hoffman stated they were in agreement. Chairman Alderson stated that with the added berming and fencing at the south end of the driving range, he is comfortable with the design. 18. Commissioner Barrows asked about the west and south elevations of the clubhouse. The windows could be screened for energy efficiency. Mr. Sakahara stated there may be some windows on the south side, but they are administrative offices and those will have shade covers and landscaping. 19. Chairman Alderson asked if there were any comments or questions of the public. 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. 20. Commissioner Engle stated he has no objections and supports the project as proposed and conditioned. 21. Commissioner Daniels stated this has been one of the most prestigious country clubs in the Valley and the last two years have G:\WPDOCS\PC Minutes\2007\7-10-07.doc 4 Planning Commission Minutes July 10, 2007 been difficult on the members to use the temporary clubhouse. He supports the project and believes his concerns are addressed. 22. Commissioner Barrows asked if the ALRC concerns are covered in the conditions and that the parking lot and tennis court lights will be shielded. Staff stated they would be working with the applicant and it is incorporated into the conditions. Commissioner Barrows asked that the west and south elevation windows of the clubhouse be addressed in regard to shading. 23. Chairman Alderson complemented the applicant on the design. He stated he is pleased they did not incorporate a water feature. 24. It was moved and seconded by Commissioners Quill/Barrows to adopt Planning Commission Resolution 2007-028 recommending adoption of a Mitigated Negative Declaration for Environmental Assessment 2007-082 as recommended. ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. 25. It was moved and seconded by Commissioners Quill/Barrows to adopt Planning Commission Resolution 2007-029 recommending approval of Specific Plan 2007-082, as recommended. ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. 26. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2007-030 recommending approval of Site Development Permit 2007-885, as recommended and amended: a. Condition added: Parking lot lighting shall be shielded and turned off during non-use of the clubhouse. b. Condition added: The driving range shall be monitored to see if stray golf balls land outside the driving range. C. Delete Condition 6 in its entirety and replace it with the following: "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 tMe 513 G:\WPDOCS\PC Minutes\2007\7-10-07.doc 5 Planning Commission Minutes July 10, 2007 proposed development. Conferred right shall include irrevocable offers to dedicate or grant access easement to the City for emergency service 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 the 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 'La Quinta Country Club, Rules and Regulations' as approved by the City Engineer." d. Delete Condition 7 in its entirety. e. Delete Condition 10.A.1) in its entirety and replace it with the following: "Private Entry Drive measured at gutter flow line to gutter flow line shall be 28 feet with on -street parking is prohibited, and provided there is adequate off- street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the 'La Quinta Country Club, Rules and Regulations'. The 'La Quinta Country Club, Rules and Regulations' shall be reviewed by the Engineering Department prior to recordation." f. Delete Condition 16 in its entirety and replace it with the following: "The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Rr+mary Arterial 4.6" .'.0" ' " g. Delete Condition 22.D, in its entirety and replace it with the following: D. On -Site Commercial Precise Grading 1"= 20' Horizontal G:\WPDOCS\PC Minutes=07\7-10-07.doc 6 Planning Commission Minutes July 10, 2007 h. Delete Condition 31 in its entirety and replace it with the following: "Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 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." Delete Condition 34 in its entirety. Delete Condition 48 in its entirety and replace it with the following: "The City will conduct final inspection 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." ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle Quill and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. n a request of Stamko Development Co., for consideration of de pment plans for a t 105,300 square foot commercial retail build' JC Penney), landscaping, parking lot, and Sign Program for the ntre at La Quinta, located south of Auto Centre Drive, east of s Street, and west of La Quinta Drive. Commissioners Daniels, arrows and Chairman Alderson disclosed they had me dividually with the applicant in regard to the project. 2. Chairman erson opened the public hearing and asked that the Site De opment Permit and Sign Application be heard at the sam time. He asked for the staff report. Principal Planner drew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community 5115 GAWPDOCS\PC Minutes\2007\7-10-07.doc 7 COUNCIL/RDA MEETING DATE: August 7, 2007 ITEM TITLE: Public Hearing to Consider Adopting Resolutions of the City Council Approving an Extension of Time for Conditional Use Permit 2003-074 and Site Development Permit 2003-762 for a Previously Approved Project to Allow Construction of a Senior Retirement Community Consisting of Approximately 166 Independent Living Units, 20 Assisted Living Units, 18 Dementia Care Beds, and 20 Skilled Nursing Beds on 14 t Acres Located at the Northeast Corner of Washington Street and Avenue 50. Applicant: Westport La Quinta, L.P. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3- RECOMMENDATION: Adopt a Resolution of the City Council approving an extension to Conditional Use Permit 2003-074, subject to Findings and Conditions of Approval; Adopt a Resolution of the City Council approving an extension to Site Development Permit 2003-762, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: General Plan Designation and Zoning of Site Medium High Density Residential Surrounding Zoning and Land Uses North: RM 17/1 / single-family residential South: RM and FP / vacant and drainage channel East: FP / drainage channel West: RL / single-family residential 511931 Environmental Consideration This project has been assessed in conjunction with Environmental Assessment 2003- 470 prepared for this project for which a Mitigated Negative Declaration was certified on December 7, 2004. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation the California Environmental Quality Act. General The applicant has applied for a one-year extension of time for a portion of the senior retirement community approved on December 7, 2004. The original project was approved for the northeast and southeast corners of Washington Street and Avenue 50. The project area has been revised and the time extension request only includes the northeast corner (Attachment 1). The applicant indicates the southeast corner is no longer a part of their project and approval for that corner has now expired. At the time of the original approval in 2004, the applicant was granted several entitlements for this project. A Specific Plan was submitted to address the project design criteria and development standards. In order to accommodate the project, a General Plan Amendment and Zone Change was processed. The north site was changed from Low Density Residential (up to 4 dwelling units per acre (du/ac)) to Medium -High Density Residential (up to 12 du/ac). The south site was changed from Office Commercial to Medium Density residential (up to 8 du/ac). The proposed facility was approved subject to a Conditional Use Permit and Site Development Permit. Project Description The originally approved project consisted of 21 acres on the two corners. The north parcel (north site) is 14± acres in size with the southern parcel (south site) consisting of 7 ± acres. The project, as originally approved, included a full service retirement community complex consisting of 216 independent living units (166 units on the north site and 50 units on the south site), and 20 assisted living units, plus 18 dementia care beds and 20 skilled nursing beds. All of the 166 assisted living units, and dementia care and skilled nursing beds will be located on the site. The underground tunnel connection between project sites has been removed due to deletion of the south site. The 50 units on the south site will no longer be a part of the project. Site Development Permit Extension The main structure on the west half of the north site will house the independent living units and facility administrative offices (Attachment 2). The skilled nursing beds will 5 11 be in a separate one-story building near the southeast corner of the site with the two- story assisted living units and dementia beds in a separate building in the northeast corner of the site. These two buildings will be connected by a covered walkway. All buildings will be one- and two-story structures and have the exterior appearance of a condominium or small hotel complex. The two-story independent living structure is approximately 74 feet from the north property line, 152 feet from Washington Street and 91 feet from Avenue 50. The independent living facility structure will be two - stories in height (28 foot maximum). As required, within 150 feet of Washington Street, the structure does not exceed 22 feet in height. The skilled nursing/assisted living structure on the east side of the north site will be 86 feet from the north property line, 63 feet from the east property line, and 63 feet from the Avenue 50 property line. The design of the buildings is based on a combination of early traditional Mediterranean, California Mission, Spanish, and Southwest designs. The building uses both flat and sloped tile roofs with roof wells for a/c equipment. Some rooms will have balconies or trellises or tile "eyebrows" over first floor windows. Additionally, tile accents on the building walls and a first floor wainscot treatment around the building will be provided. Roof tiles will be a red blend "S" style with plaster walls in creme to light gold color. Wood trim will be dark brown with black railings. Windows will consist of a combination of paned and un-paned glass. Since the approval, the applicant has submitted engineering plans to the Public Works Department for the first round of plan checks within the first year after approval. No further plans have been submitted to them. To date, no working drawings have been submitted to the Planning or Building and Safety Departments for review. Conditional Use Permit Extension The original CUP was granted to allow this type of facility in the Medium High Residential District (RMH). The applicant is requesting an extension of the original permit to allow use of the senior retirement community on the project site. Revisions to Conditions of Approval Where necessary, the Conditions of Approval have been amended to identify current standards or delete reference to the southeast corner site which is no longer a part of the project. This primarily affects Public Works Department requirements. One of the most significant amendments to the recommended Conditions of Approval is the addition of Condition No. 48A. This condition identifies that future site modifications may be necessary in order to address on- and off -site stormwater retention as the project is not able to discharge stormwater into the La Quinta Evacuation Channel during storm events as originally proposed. Depending upon the stormwater retention redesign, site modifications could include reconfiguration of building(s), parking and driveways. The proposed changes are bolded in the recommended Conditions of Approval. .M 51 Public Notice This request was advertised in The Desert Sun newspaper on, July 27, 2007, and mailed to all property owners within 500 feet around the project boundaries. As of this writing, no new correspondence has been received. Any comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: The Findings needed to approve time extensions to the Conditional Use Permit and Site Development Permit can be made as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving extension of Conditional Use Permit 2003-074, subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving extension of Site Development Permit 2003-762, subject to Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council approving the extensions; 3. Provide staff with alternative direction. , Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Plan exhibits .94 519 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TIME EXTENSION TO A CONDITIONAL USE PERMIT FOR A SENIOR RETIREMENT COMMUNITY LOCATED_ AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE NO.: CONDITIONAL USE PERMIT 2003-074, EXTENSION #1 WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta did on the 7t'day of August, 2007, hold a duly noticed public hearing to consider the request of Westport La Quinta, L.P. for approval of a one year extension of time for a Conditional Use Permit to allow a senior retirement community complex, on 14± acres on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN 646-070-013 WHEREAS, the City Council of the City of La Quinta did on the 7" day of December, 2004, hold a duly noticed public hearing and approve by adoption of Resolution 2004-151, the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Conditional Use Permit to allow a senior retirement community complex, on 21 ± acres on the northeast and southeast corners of Washington Street and Avenue 50; and WHEREAS, the Planning Commission of the City of La Quinta did on the 9`h day of November, 2004, hold a duly noticed public hearing to consider the request of Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Conditional Use Permit to allow a senior retirement community complex, and recommended approval by adoption of Resolution 2004-087; and WHEREAS, the La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003-470 prepared for this project for which a Mitigated Negative Declaration was certified on December 7, 2004. No changed circumstances or conditions are proposed nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation the California Environmental Quality Act; and City Council Resolution No. 2007- Conditional Use Permit 2004-074, Extension #1 Westport La Quints, L.P. Adopted: August 7, 2007 Page 2 WHEREAS, the Community Development Department did publish a public hearing notice in the Desert Sun newspaper on July 27, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approving said Conditional Use Permit time extension: 1. The property is designated Medium High Density Residential which conditionally permits the senior retirement community. Additionally, the project as approved provides adequate perimeter landscaping, setbacks and acceptable architectural design pursuant to Image Corridor General Plan policies. 2. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan. 3. The La Quinta City Council has certified Environmental Assessment 2003- 470 and based upon this Assessment; the project will not have a significant adverse effect on the environment provided the mitigation measures are complied with. 4. The site design of the project as approved is appropriate for the use in that it has been designed to minimize the impacts to the adjacent residential uses and from the major Arterials to the west and south. 5. The applicant indicates they are continuing to progress toward development of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby approve the above -described Conditional Use Permit time extension request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. 521 City Council Resolution No. 2007- Conditional Use Permit 2004-074, Extension #1 Westport La Quinta, L.P. Adopted: August 7, 2007 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7" day of August, 2007, by the following vote to wit: AYES: 10I:s] *3 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California n CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL — RECOMMENDED CONDITIONAL USE PERMIT 2003-074, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUSTS 7, 2007 GENERAL 1. The use of the subject property for a congregate care facility (senior retirement community complex) shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2003-074 Extension #1, Specific Plan 2004-071, Site Development Permit 2003-762 Extension #1 and Environmental Assessment 2003-470, unless otherwise amended by the following conditions. 2. The Conditional Use Permit shall be expire on December 7, 2007, and shall become null and void in accordance with La Quinta Municipal Code Section 9.220.020, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. w 523 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TIME EXTENSION FOR DEVELOPMENT PLANS FOR A SENIOR RETIREMENT COMMUNITY ON 14± ACRES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 CASE: SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 7" day of August, 2007, hold a duly noticed Public Hearing to consider a request by Westport La Quinta, L.P. for approval of a one year extension of time for a Site Development Permit to allow a senior retirement community complex, on 14± acres on the northeast corner of Washington Street and Avenue 50; and WHEREAS, the City Council of the City of La Quinta, California did, on the 7" day of December, 2004, hold a duly noticed Public Hearing and approve by adoption of Resolution 2004-153, a request by Westport La Quinta, L.P. for approval of a Site Development Permit to allow a senior retirement community complex, on 14± acres on the northeast corner of Washington Street and Avenue 50, more particularly described as: APN'S 646-070-013 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 9t' day of November, 2004, hold a duly noticed Public Hearing to consider a request by Pacific Retirement Services and Westport La Quinta, L.P. for approval of a Site Development Permit to allow a senior retirement community complex, and adopted Resolution 2004-090, recommending approval of the Site Development Permit; and WHEREAS, the La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2003-470 prepared for this project for which a Mitigated Negative Declaration was certified on December 7, 2004. No changed circumstances or conditions are proposed nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation the California Environmental Quality Act; and 524 City Council Resolution No. 2007- Site Development Permit 2003-762, Extension #1 Westport La Quinta, L.P. Adopted: August 7, 2007 Page 2 WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on July 27, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approving said Site Development Permit time extension: 1. The property is designated Medium High Density Residential which conditionally permits the senior retirement community. Additionally, the project as approved provides adequate perimeter landscaping, setbacks and acceptable .architectural design pursuant to image corridor General Plan policies. 2. The proposed buildings are designed to comply with the Zoning Code and Specific Plan requirements, including, but not limited to, height limits, parking, setbacks, lot coverage, and signs. 3. The La Quinta City Council has certified Environmental Assessment 2003- 470 and based upon this Assessment; the project will not have a significant adverse effect on the environment provided the mitigation measures are complied with. 4. The architectural design of the project as approved, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with the development and quality of design prevalent in the City. 5. The site design of the project, including, but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with development and the quality of design prevalent in the City. 6. Project landscaping, including, but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed and conditioned to provide relief, compliment buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a 525 City Council Resolution No. 2007- Site Development Permit 2003-762, Extension #1 Westport La Quints, L.P. Adopted: August 7, 2007 Page 3 harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and compliment the surrounding project area, ensuring lower maintenance and water use. 7. The building signs will comply and be consistent with the requirements and intent of the Zoning Code. 8. The applicant indicates they are continuing to progress towards development of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2003- 470 has determined that no significant effects on the environment have been identified which cannot be mitigated; and 3. That it does hereby approve a one year time extension for Site Development Permit 2003-762, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 7`" day of August, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 52S City Council Resolution No. 2007- Site Development Permit 2003-762, Extension #1 Westport La Quints, L.P. Adopted: August 7, 2007 Page 4 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 527 CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit time extension. 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 comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary 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) • Planning Department Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • 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. 52S P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 A project -specific NPDES construction 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. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one 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 his/her designer 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): 11 Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. Jr 52S PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 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). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 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. 7. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable site development permit, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street (Major Arterial, 120' ROW) - The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way except for: Additional right of way is required on Washington Street north of Avenue 50 to provide for the realignment of Washington Street in order to construct dual left turn lanes for southbound Washington Street to •« 530 PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 eastbound Avenue 50 as approved by the City Engineer in the plan check process. a) north of Avenue 50, an additional variable right of way dedication at the proposed primary project entry measured seventy six feet (76') east of the centerline of Washington Street and deceleration length of 248 feet plus a transition length of 150 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS 2) Avenue 50 (Primary Arterial, Option B 100' ROW) — The standard 50 feet from the centerline of Avenue 50 for a total 100-foot ultimate developed right of way except an additional variable right of way dedication at the Secondary entries and at the Avenue 50 intersection with Washington Street measured sixty feet (60') north of the centerline of Avenue 50 and deceleration length of 248 feet plus a transition length of 150 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 9. The applicant shall retain for private use all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable site development permit, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS The applicant shall redesign private circulation streets measured at flow line to flow line to have 28 feet of travel width and 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 and approved by the Engineering Department prior to recordation. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. Pursuant to these requirements, the Applicant shall include in the submittal packet containing the rough grading plans submitted for plan checking, an offsite street 5341 PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762. EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 13. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Site Development Permit are necessary prior to approval of improvement dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 14. The applicant shall offer for dedication a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 15. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. B. Avenue 50 (Primary Arterial) — A minimum 20-foot from the R/W-P/L. Additional landscape easement is required along the northerly side of Avenue 50 between the roadway right of way and the property line. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 16. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 11.0 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. 17. 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 d 532 PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 lands, and common areas. 18. Direct vehicular access to Washington Street and Avenue 50 from lots with frontage along Washington Street and Avenue 50 is restricted, except for those access points identified on the Site Development Permit, or as otherwise conditioned in these conditions of approval. 19. 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. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property after the date of approval of the Site Development Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers to persons currently certified or licensed to practice their respective professions in the State of California. 21. 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. 22. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal Note: Submittal of A thru D to be concurrent. .D 533 PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 E. On -Site Non-Residential/Commercial Precise Grading Plan 1 " = 20' Horizontal F. Off -Site Street Plan 1 " = 40' Horizontal, 1 " = 4' Vertical G. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. H. On -Site Street/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. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. .d PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc 534 CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 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 Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official and the City Engineer. "On -site residential and commercial Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 23. 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). Please navigate to the Public Works Department homepage and look for the Standard Drawings hyperlink. 24. The applicant shall furnish a complete set of the 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 improvement by the City, The applicant shall update the mylars in order to reflect the as -built conditions. IMPROVEMENT SECURITY AGREEMENTS 25. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements including street, traffic signal and storm drain improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the on -site development, or as otherwise approved by the City Engineer. 535 R\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 26. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to issuance of any permit related thereto, reimburse the City for the costs of such improvements. 27. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. •d 536 PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 28. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 29. 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. 30. 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 applicable improvement plans 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. 31. 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 537 P:\Reports - CC\2007\6-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 32. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 33. 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. 34. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 35. Prior to any site grading or regrading that will raise or lower any portion of the site by site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Site Development Permit Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 36. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 36A. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are 535 R\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for buildings which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 37. The tributary drainage area shall extend to the centerline of adjacent public streets. Nuisance water from landscaping and off and on -site streets shall be disposed of in a manner approved by the City Engineer. 38. If permitted by CVWD, when an applicant proposes discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The applicant is required to construct required discharge treatment Best Management Practice facilities per the NPDES Permit per Supplement A but at a minimum shall install a CDS Unit or equal system as approved by the City Engineer. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions for meeting these obligations. The 100-year storm water HGL shall be at 48 foot elevation + or as determined by CVWD. Additionally, the applicant shall submit verification to the City of CVWD acceptance of the proposed discharge of storm water directly, or indirectly, into the La Quinta Evacuation Channel with the initial submittal of storm drain improvement plans. 39. The applicant shall landscape the Coachella Valley Stormwater Channel along its easterly boundary of the project site as approved by CVWD. 40. If the development is not able to discharge storm or nuisance water from the project into the La Quints Evacuation Channel, the applicant or design professional shall retain all storm water and nuisance water on site and the following conditions shall be applicable. The nuisance water shall be retained on site. Nuisance water shall be 53(J) PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA OUINTA LP ADOPTED: AUGUST 7, 2007 disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 41. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 42. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 44. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 45. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 46. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 54q P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 48A. Since the preliminary rough grading plans previously submitted to the Public Works Department did not demonstrate how storm water would be adequately discharged into the La Quints Evacuation Channel during major storm events resulting in possible flooding of the site, the applicant is hereby notified that future site modifications may be necessary including, but not limited to building and street reconfiguration and additional improvements to the existing drainage facilities. Verification of the proposed storm water retention system is subject to review and approval by the Coachella Valley Water District and the City Engineer. The Applicant shall revise what is currently proposed and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Public Works Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and above ground drainage facilities to convey on site and off site stormwater as well as stormwater from the adjacent La Quinta Evacuation Channel that historically flows onto and/or through the project site. UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 50. 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. 51. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 52. 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. .N 5�1 P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 STREET AND TRAFFIC IMPROVEMENTS 53. 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), LOMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 54. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street along all frontage adjacent to the project boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. The east curb face shall be located fifty-one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: a) The applicant shall construct a concrete bus stop pad, La Quinta bus shelter with night lighting equipped with bench and trash receptacle at the existing bus stop located on the northeast corner of Washington Street and Avenue 50. Bus turnout if required by Sunline Transit at the existing bus stop shall be provided. b) The deceleration/right turn only lane with bus turnout incorporated as part of the lane (if approved by SunLine Transit and the City Engineer) shall be provided on Washington Street at the north side primary entrance. At a minimum, the east curb face shall be located sixty four feet (64') east of the centerline and deceleration length of 248 feet plus a taper transition length of 150 feet or as approved on the Off -Site Street Improvement Plans. c) A dual left turn lane at Washington Street and Avenue 50 intersection. The east curb face shall be located fifty-six feet (56') east of the centerline from Avenue 50 and for a length and transition as approved by the City Engineer. .s 542 P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 Other required improvements in the Washington Street right or way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) An 18' - foot wide raised landscaped median on Washington Street north of Avenue 50 along the entire boundary of the Site Development Permit plus variable width as needed to accommodate the dual left turn lanes and installation of a median nose for the southbound Washington Street traffic turning east on to Avenue 50. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Modify the existing traffic signal system at the Washington Street and Avenue 50 intersection for the abovementioned improvements. The applicant shall design and install modification of the existing traffic signal equipment and appurtenances as needed and approved by the City Engineer. 2) Avenue 50 (Primary Arterial — Option B; 100' R/W): Widen the north side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. The north curb face shall be located thirty eight feet (38') north of the centerline, except at locations where additional street width is needed to accommodate: -W 543 P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 a) A deceleration/right turn only lane on Avenue 50 at both secondary and at the Avenue 50[Washington Street intersection. The north curb faces shall be located fifty eight feet (58') north of the centerline and deceleration length of 248 feet plus a taper transition length of 150 feet. Other required improvements in the Washington Street right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) A 12 - foot wide raised landscaped median along the entire boundary of the Site Development Permit plus variable width as needed to accommodate a left turn lane for the eastbound traffic at north side entry as approved by the City Engineer. B. PRIVATE STREETS 11 The applicant shall redesign private circulation streets measured at flow line to flow line to have 28 feet of travel width 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 and approved by the Engineering Department prior to recordation. On the north site minimum four -foot wide sidewalks shall be constructed on the inside of the private circulation streets adjacent to the main buildings. 544 P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 2) The primary entry for the north side property and porte cochere shall be redesigned to accommodate for possible stacking for functional activities and/or special occasion traffic to prevent back up onto Washington Street as approved by the City Engineer. If adequate stacking in the porte cochere is not achievable, a deceleration lane shall be installed on Washington Street. 3) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the Site Development Permit, except for minor revisions as may be required by the City Engineer. E. DRIVEWAYS/INTERSECTIONS TO PUBLIC STREETS 1) All right -turn only street intersections shall have a splitter median island located in the side street that adequately channelizes the right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. 55. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. W 54v PAReports - CC\2007\6-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7,2007 Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 56. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential/Parking Area Primary Arterial Major Arterial 3.0" a.c./4.5" c.a.b. 4.5" a.c./6.0" c.a.b. 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 57. 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. 58. General access points and turning movements of traffic are limited to the following: A. Washington Street: 1) North Facility Entry (Washington Street): Right turn movements in and out are allowed. Left turn movements in and out are prohibited. B. Avenue 50: 1) North Facility Entry (Avenue 50): Right turn in and out and left turn in movements are allowed. Left turn movements out are prohibited. 59. 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. 54� P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 60. 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. 61. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. CONSTRUCTION 62. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of buildings within the development or when directed by the City, whichever comes first. LANDSCAPING AND IRRIGATION 63. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 64. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 65. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 66. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be prepared by a licensed landscape professional and shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. Landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 67. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 67A. 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. PUBLIC SERVICES 68. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 69. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 70. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 71. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 54�' PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext t cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 72. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which are 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. MAINTENANCE 73. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 74. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 75. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 76. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). The fringed -toe lizard mitigation fee shall be paid prior to issuance of a grading permit. FIRE MARSHAL 77. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings 1 st. floor as measured along outside travel ways. 78. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 549 P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7,2007 79. The water mains shall be capable of providing a potential fire flow of 4000 gpm and the actual fire flow from any two adjacent hydrants shall be 2000 gpm for a 4-hour duration at 20-psi residual operating pressure. 80. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. 81. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note also that FDC's must be at least 25 feet from the building and may not be blocked by landscaping, parking stalls or anything that may restrict immediate access. 82. This project will require a full life safety monitored alarm system. Alarm plans will need to be submitted to the Fire Department. 83. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 84. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 85. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 86. Fire Department street access shall come to within 150 feet of all portions of the 15t. floor of all buildings, by path of exterior travel. Minimum road width is 20 feet clear and unobstructed with a vertical clearance of 13Yz feet clear. Turning radiuses shall be no less than 38 feet outside. 87. Any commercial operations that produce grease -laden vapors will require a Hood/duct system for fire protection. 88. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. 89. Install a KNOX key box on each commercial building and/or suite. (Contact the fire department for an application). 550 P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7,2007 90. Install portable fire extinguishers as required by the California Fire Code. 91. Any submissions to the fire department are the responsibility of the applicant. MISCELLANEOUS 92. The Site Development Permit shall be expire on December 7, 2007, and shall become null and void in accordance with La Quinta Municipal Code Section 9.210.020, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 93. This facility is approved for use as a senior retirement community with independent, assisted and skilled nursing components that are licensed by the State of California. Any change of use where any or all of the above components are replaced with a market rate rental project must be approved by the Planning Commission and City Council at public hearings. 94. Sign permit shall be submitted for staff approval for proposed monument signs specified in Specific Plan 2004-071. 95. Roof tiles shall consist of a least three colors. 96. Flat roofs shall be finished in an attractive finish and color to the satisfaction of the Planning Director. 97. Railings shall be provided with decorative treatment to complement architectural style of project. 98. Window arches shall be provided over large first floor windows at the ends of the two story independent living building on the north site. 99. Long term easement or other legally binding agreement shall be obtained for use, landscaping and access over CVWD owned property along east end of project sites along Avenue 50. 100. The northern -most carports located of the north site shall be enclosed on the north elevation with architecturally compatible materials and shall have a sloped or mansard concrete tile roof to the satisfaction of the Planning Director. 101. Roof tiles shall be concrete "S" tile. 55i PAReports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #1 WESTPORT LA QUINTA LP ADOPTED: AUGUST 7, 2007 102. The perimeter wall along the north property line of the north site maybe a maximum eight feet high as measured from the north side. The design of this wall, including the north -facing finish, demolition, and prevention of dead space between walls (new and existing) shall be to the satisfaction of the Building Official and City Engineer. 103. Open wrought iron type fencing in conjunction with masonry walls shall be allowed along Washington Street and Avenue 50 on the north site to the satisfaction of the Planning Director. Should a sound study or wall be required or desired, the associated costs for the study and walls shall be borne entirely by the applicant/operator of the facility. This condition shall be recorded against the properties to the satisfaction of the City Attorney. 55AO P:\Reports - CC\2007\8-7-07\Westport\sdp 2003-762 ext 1 cc coa.doc CASTE MAP ATTACHMENT #1 ORTH CASE No. CUP 2003-074 EXT #1 SCALE: SDP 2003-762 EXT #1 �NTS X J553 Pk 3 � T-Q 5 Fy OF TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: THOMAS P. GENOVESE, CITY MANAGER ft FROM: DOUGLAS R. EVANS, ASSISTANT CITY MANAGER -DEVELOPMENT SERVICES/ACTING PLANNING DIRECTOR WC DATE: AUGUST 6, 2007 �V1 SUBJECT: PUBLIC HEARING NO. 3 — WESTPORT LA QUINTA, L.P. Staff has received a request from Westport La Quinta, L.P. for a continuance of the public hearing to September 18, 2007. Staff concurs with the requested continuance. 551 WE STPORT August 6,2007 City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, CA 92253 AUG - 6 2007 C'm of to t.�� Re: 14 44- acre parcel at the Northeast comer of Washington Street and Avenue 50. Applicant: Westport La Quinta, LP Attention: Betty Sawyer, Executive Secretary The public hearing for consideration of an Extension of Time for Conditional Use Permit 2003- 074 and Site Development Permit 2003-762 in connection with the captioned land parcel in La Quinta is currently scheduled for Tuesday, August 7d, 2007, I am following up on our telephone -conversation this morning and requesting a continuance of this agenda item until at least the September 18a', 2007 meeting of the City Council. The reason for the request to postpone this agenda item is that the ownership of the parcel only recently received a copy of the recommended resolution which includes a number of proposed changes, including some substantive, that require further review by the ownership. We had originally filed for an extension of both the Conditional Use Permit and Site Development Permit back in December 2006. About two weeks ago we heard that the request would be an agenda item at the August 7a, 2007 meeting and this past Friday received the recommended conditions of approval for the extension: We would respectfully request more time to review the additional conditions imposed under the new resolution. Earlier this year ownership had discussions regarding a potential sale of the parcel to United Housing Communities, LLC. There was a contract for purchase negotiated however that contract was subsequently cancelled in March, 2007. Given that the economics of the proposed retirement community continue to outweigh the benefits of an outright land sale, we are continuing to explore other avenues to complete the development. Thank you for your consideration. I am available at 212-286-5800 if you have any questions or wish to discuss further. Sincerely, LP By: }1 gt()ort Hojdi;ip La Quii*AC, its General Partner Brian E_ Dowd Vice President jW 3801 PGA Boulevard, Suite 805 • Palm Beach Gardens, Mride 33410 ♦ (561) 624-1225 • Fax (561) 624-8037 J )