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2008 05 06 CCri 6x# 41w4dja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calls Tampico La Quints, California 92253 Regular Meeting TUESDAY, MAY 6, 2008 3:00 P.M. Closed Session / 4:00 P.M. Open Session (Note: Due to no closed session items being scheduled, the City Council meeting will begin at 4:00 p.m.) Beginning Resolution No. 2008-029 Ordinance No. 458 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PLEDGE OF ALLEGIANCE CLOSED SESSION - NONE 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 .�: 001 .N.fI; 00.E City Council Agenda 1 May 6, 2008 PRESENTATIONS - NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 15, 2008. 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 MAY 6, 2008. 2. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE AND ONSITE IMPROVEMENTS FOR TRACT MAP 29436, HIDDEN CANYON, TRANS WEST HOUSING, INC. 3. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 32751, CITRUS EL DORADO, CRAFTSMEN HOMES. 4. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION WITH VINTAGE ASSOCIATES FOR THE PARK LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR FISCAL YEAR 2008/2009. 5. DENIAL OF CLAIM FOR DAMAGES FILED BY MUKESH & MANISHA ENGINEER — DATE OF LOSS: MARCH 27, 2008. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MANAGEMENT ASSISTANT TO ATTEND THE MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORNIA (MMASC) ANNUAL CONFERENCE HELD IN LA JOLLA, CALIFORNIA, JUNE 30-JULY 2, 2008. 7. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS SPRING CONFERENCE IN LAS VEGAS, NEVADA, MAY 17-20, 2008. a••. 002 City Council Agenda 2 May 6, 2008 �: 8. APPROVAL OF A CONTRACT AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH OMNIS INCORPORATED TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) FOR THE LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02. 9. APPROVAL TO AWARD A CONTRACT TO GRANITE CONSTRUCTION TO CONSTRUCT THE HIGHWAY 111 STREET IMPROVEMENTS FROM ADAMS STREET TO JEFFERSON STREET, PROJECT NO. 2001-07A. 10. APPROVAL TO AWARD A CONTRACT TO SIERRA LANDSCAPE TO CONSTRUCT THE AVENUE 54 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-09. 11. APPROVAL TO AWARD A CONTRACT TO MOCON CORPORATION TO CONSTRUCT THE AVENUE 52 BRIDGE IMPROVEMENTS, PROJECT NO. 2005-02. 12. APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR TRAFFIC ENGINEERING SERVICES. 13. AUTHORIZATION OF OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE 2008 LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM TO BE HELD IN SQUAW CREEK, CALIFORNIA, JUNE 4-7, 2008. BUSINESS SESSION 1. CONSIDERATION OF THE 4T" QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A COOPERATIVE MARKETING STRATEGY BETWEEN THE CITY OF LA QUINTA AND LOWE DESTINATION DEVELOPMENT FOR THE PROMOTION OF SILVERROCK RESORT. A. MINUTE ORDER ACTION '•- 003 City Council Agenda 3 May 6, 2008 3. CONSIDERATION OF THE REINSTATEMENT OF JAMES N. ENGLE, JR. AS PLANNING COMMISSIONER FOR THE REMAINDER OF HIS TERM ENDING JUNE 30, 2008. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2008/2009, AND A RESOLUTION DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89-1.AND GIVING NOTICE THEREOF. A. MINUTE ORDER ACTION 5. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH MUNIFINANCIAL TO FORM A CITYWIDE PARK DISTRICT TO FUND ONGOING MAINTENANCE OF EXISTING PARKS UNDER THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972. A. MINUTE ORDER ACTION 6. CONSIDERATION OF MAYOR ADOLPH'S REQUEST THAT THE CITY COUNCIL EXERCISE CALL-UP REVIEW REGARDING TENTATIVE PARCEL MAP 35900 AND VILLAGE USE PERMIT 2007-039 LOCATED ON THE NORTHEAST CORNER OF AVENUE 52 AND DESERT CLUB DRIVE APPROVED BY THE PLANNING COMMISSION ON APRIL 22, 2008. A. MINUTE ORDER ACTION 7. CONSIDERATION OF CITY REPRESENTATION ON COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. A. MINUTE ORDER ACTION ,@,(I 004 City Council Agenda 4 May 6, 2008 STUDY SESSION DISCUSSION OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD — COLORADO RIVER BASIN REGION (CRWQCB-CRB) DRAFT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT (NPDES PERMIT) FOR THE WHITE WATER RIVER REGION, ORDER NO. R7-2008- 0001. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. INVESTMENT ADVISORY BOARD MINUTES OF MARCH 12, 2008 20. COMMUNITY SERVICES COMMISSION MINUTES OF MARCH 10, 2008 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY — NONE .04- 005 City Council Agenda 5 May 6, 2008 3. CITY CLERK A. SCHEDULE TO CONSIDER COMMISSION APPOINTMENTS B. SUMMER SCHEDULE FOR CITY COUNCIL MEETINGS 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 1. DISCUSSION REGARDING CVWD VS CITY OF INDIO, INC 073838. (REQUESTED BY COUNCIL MEMBER KIRK). RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. 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. ■ ., 006 ■•J City Council Agenda 6 May 6, 2008 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS TO APPROVE DEVELOPMENT GUIDELINES AND PRINCIPALS FOR SPECIFIC PLAN 2002-062, AMENDMENT NO. 2, AND ARCHITECTURAL AND LANDSCAPING PLANS FOR SITE DEVELOPMENT PERMIT 2007-898 TO ALLOW DEVELOPMENT OF A RETAIL SHOPPING CENTER ON 10.79 ACRES LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: REGENCY MARINITA LA QUINTA, LC. A. RESOLUTION(S) ACTION ADJOURNMENT The next regular meeting of the City Council will be held on May 20, 2008, 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. A.., 007 City Council Agenda 7 May 6, 2008 DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of May 6, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on May 2, 2008. DATED: May 2, VERONICA J.0 City of La Q nta Public Notices VTECINO, City Clerk California 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. .0.11 ME, City Council Agenda 8 May 6, 2008 COUNCIIJRDA MEETING DATE: May 06, 2008 ITEM TITLE: Demand Register Dated May 06, 2008 RECOMMENDATION: Approve Demand Register Dated May 06, 2008 BACKGROUND: Prepaid Warrants: 77650 - 77673) 77674 - 77703) 77704 - 777431 Voids} Wire Transfers} P/R 35324 - 35340) P/R Tax Transfers} Payable Warrants: 77744 - 779351 FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA *Ioln. Falconer, Finance Director 2, 060, 300.42 498,495.18 1,440,951.62 (19, 698.31) 727,796.62 216,476.87 59,360.85 1,329,506.88 $ 6, 313,190.13 $5,577,364.15 $735,825.98 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 4•.0 009 CITY OF LA QUINTA BANK TRANSACTIONS 04/09/08 - 04/29/08 04/09/08 WIRE TRANSFER - GOODMAN ESCROW 04/09/08 WIRE TRANSFER - LANDMARK 04/15/08 WIRE TRANSFER - WATERCOLORS 04/16/08 WIRE TRANSFER - WATERCOLORS 04/21/Oa WIRE TRANSFER - PERS 04/21/08 WIRE TRANSFER - ICMA 04/22/08 WIRE TRANSFER - WATERCOLORS 04/22/08 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $14,040.00 $174,281.18 $95,000.00 $90,000.00 $58,153.79 $10,604.27 $103,000.00 $182,717.38 $727,796.62 Ae 1 010 rA 1 1 O N m O O N �0 N \ 1 YJ 1 c O P m O O O I W 1- 1 o N •O O h P N O 12 0 1 r P �O r V P �l •0 WNQ l uH l O N �l •O `O V m M (g W I 1 > 6 m I 1 O m M d £ I 1 r h 00 1 1 OZ I I tl 1 I KF I I WI I dO I 1 d I - 1 1 0 a 1 K x K is it 101-I z I£WI II I a I <K 1 00 00 NPNVPrMN AMOMN,m NOMMNJCO 00 •O .O r mmwm� NON O I \I 00 00 Nf . .NIPPInP PN�1MNrm NOMNINAO 00 �l �l •O.O MMmMP ONY1 u IWUI . 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PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the off -site and on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to September 29, 2008 for Tract Map No. 29436, Hidden Canyon, Trans West Housing, Inc. FISCAL IMPLICATIONS: I►NGTdM CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Hidden Canyon (Tract Map No. 29436) is located north of Eisenhower Drive and west of Washington Street (Attachment 1)• On August 5, 2003, the City and Ivanhoe La Quinta Cove, LLC / Trans West Housing, Inc. entered into a SIA for Hidden Canyon. Section 6 of the SIA requires: "that the subdivision improvements shall be completed 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 072 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 March 27, 2008 (Attachment 2), the developer responded to a Notice of Default of Subdivision Improvement Agreement sent by the City Attorney. The developer stated that the remaining work to rehabilitate the southbound lanes of Eisenhower between Coachella Drive to just east of Hidden Canyon Drive will be completed in six months. The developer requests a time extension for completion to September 29, 2008. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA for off -site and on -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site and on -site improvements as specified in the approved Subdivision Improvement Agreement to September 29, 2008 for Tract Map No. 29436, Hidden Canyon; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site and on -site improvements as specified in the approved Subdivision Improvement Agreement to September 29, 2008 for Tract Map No. 29436, Hidden Canyon; or 3. Provide staff with alternative direction. Respectfully submitted, .8, 073 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Trans West Housing dated March 27, 2008 .•.(• 074 RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE AND ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO SEPTEMBER 29, 2008 FOR TRACT MAP NO. 29436, HIDDEN CANYON. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 29436, Hidden Canyon, on August 5, 2003; 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 August 5, 2004, 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 September 29, 2008. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 29, 2008. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. .9.( 075 Resolution No. 2008- Tract Map No. 29436, Hidden Canyon Adopted May 6, 2008 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 6th day of May 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 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 .11.11 076 ATTACHMENT 1 TM 29436 HIDDEN CANYON UUq * LA QU M LA QUANTA DRIVE COUNTRY CLUB VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: May 6, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site and On -Site Improvements for Tract Map No. 29436, Hidden Canyon APPLICANT: Ms. Marty Butler, Trans West Housing, Inc. •.�. 077 TRANS WEST HOUSING Gt♦ March 27, 2008 Honorable Mayor, Don Adolph and Members of the City Council City of La Quints 78495 Calle Tampico La Quints, CA. 92253 ATTACHMENT 2 MAR 2 g i# r to .- !1TY af.AAGFR'S D:P, RE: Notice of Default of Subdivision Improvement Agreement — Tract Map 29436 Dear Mayor Adolph and Councilmembers: In regards to a recent communication from the City Attorney, Katherine Jenson pertaining to a notice of default for the rehabilitation of the southbound lanes of Eisenhower between Coachella Drive to just east of Hidden Canyon Drive we would like to request that you place us on your Agenda under "Written Correspondence". We are requesting a six months extension on the start of this work. I have noted to both Ms. Jensen and Mr. Jonasson that we are committed to do the additional work but due to the severe economic downturn going on in the housing industry we need additional time to comply with therequest, The rehabilitation work in question will have to be done by our company because the subcontractor who did the original installation is no longer in business. We are in the process of working with our legal counsel to have this subcontractor's insurance firm acknowledge responsibility and pay for this work to be completed. Our attorney has advised us to wait until this process has been completed before we start any of this work. This matter should be resolved within the next few months. Please Raply To; 010721 Treem Street 0200 San Diego, CA 92131 p: 858.653.3003 fl. 858.653.3001 www.TmnsWestHoming.com 0 47-120 Dula Palms Road, suite C l.a Quinta, CA 92253 p: 760,777.4307 f: 76077 .4308 .r 078 e J The bonds for this project are in effect and far exceed the dollars needed to do this work. I have attached a copy of the bond in effect for $2,737,058. The street is paved and does not present a safety issue nor is it unsightly and we are sincerely hoping to work with the City to avoid the Wale option of having to have the City complete the work. It is always our objective to be a 000perative developer with the City of IA Quinta. We have been proud of our relationship with the City and would like that to continue.. I would hope that the Council can place us on the Agenda for discussion and review our request. Sincerely, TRANS WEST HOUSING, INC. Marty W. ffutler cc. M. Katherine Jensen, City Attorney Tim Jonasson, City Engineer 079 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 6, 2008 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution to Extend the CONSENT CALENDAR: 3 Time for Completion of the On -Site Improvements for Tract Map No. 32751, Citrus El Dorado, Craftsmen STUDY SESSION: Homes PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to May 1, 2009 for Tract Map No. 32751, Citrus El Dorado, Craftsmen Homes. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Citrus El Dorado (Tract Map No. 32751) is located west of Jefferson Street, north of Avenue 52, and south of Avenue 50 (Attachment 1). On May 18, 2007, the City and Citrus El Dorado, LLC entered into a SIA for Citrus El Dorado. Section 6 of the SIA requires: "that the subdivision improvements shall be completed 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 089 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 April 1, 2008 (Attachment 2), the developer stated that all the improvements have been completed with the exception of the street capping (i.e. final lift of ac paving). The street capping will be completed in approximately one year. The developer requests a time extension for completion to May 1, 2009. Staff has prepared the attached resolution which provides for approval of the time extension of the SIA for on -site improvements. 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 May 1, 2009 for Tract Map No. 32751, Citrus El Dorado; or 2. Do not 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 May 1, 2009 for Tract Map No. 32751, Citrus El Dorado; or 3. Provide staff with alternative direction. Respectfully submitted, V` 4mothy R. J nas P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Craftsmen Homes dated April 1, 2008 'a. i 1 081 RESOLUTION NO. 2008 - 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 MAY 1, 2009 FOR TRACT MAP NO. 32751, CITRUS EL DORADO. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32751, Citrus El Dorado, on May 18, 2007; 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 May 18, 2008, 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 May 1, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on May 1, 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. .9.`' 082 Resolution No. 2008- Tract Map No. 32751, Citrus El Dorado Adopted: May 6, 2008 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 6t" day of May 2008, 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 A.'r 083 ATTACHMENT 1 w z V) w TM 32751 CITRUS ELDORADO `LJ 48th AVENUE W z 0 50th AVENUE rn PROJECT� SITEn.. 52th AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: May 6, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time of Completion of On -site Improvements for Tract Map No. 32751, Citrus EI Dorado, Craftsmen Homes APPLICANT: Mr. Scott Shaddix, Craftsmen Homes ATTACHMENT 2 CRAFTSM H O M E S April 1, 2008 CERTIFIED MAILNia Electronic mail Timothy R. Jonasson, City of La Quinta Public Works Director/City Engineer: 78495 Calle Tampico La Quinta, CA 92253 RECEIVED APR 0 4 20`1 Subject: Subdivision Improvement Agreement Extension Request Citrus El Dorado, Tract # (32751) Dear, Timothy R. Jonasson We are in receipt of City of La Quinta letter dated March 19, 2008 and we request the City of La Quinta grant Tract Map No. 32751 Citrus Eldorado a time extension for the remaining improvements. We have been granted a partial subdivision bond reduction from the City of La Quinta letter dated February 8, 2008, The only remaining improvement that we are requesting an extension on is Lot A Street capping from lot I through lot 29. We believe that this will be finalized approximately 12 months from May 1" 2008. If you have any questions or concerns regarding this time extension request, please contact myself at 714- 624-9401 or you may email sshaddix(ckgLftsmenhgmes_com. Thank you for your cooperation in this matter. Respectfully, Scott N. Shaddix, President Craftsmen Homes/ File:CraftsmenHomes/Citrus El Dorado/City of La Quinta communications 1157 N Red Gum Street, Anaheim. CA 92806 Phone (714) 630-7685 Fax (714) 630-76kj - 085 COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Approval of a One -Year Contract Extension with Vintage Associates for the Park Landscape Maintenance Services Contract for Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Approve a one-year contract extension for the Park Landscape Maintenance Services Contract (LMC 2005-09) for Fiscal Year 2008/2009 with Vintage Associates including a 4% increase and the inclusion of the Museum landscape maintenance for a total contract amount of $456,778. FISCAL IMPLICATIONS: Appropriations for the Park Landscape Maintenance Services Contract (Attachment 1) will be proposed in the Draft Fiscal Year 2008/2009 budget in Account Nos. 101- 3005-451.34-04 (Parks), 101-7004-431.34-04 (LLD), 101-3004-451.30-96 (Library), and 101-3006-451.34-04 (Museum). CHARTER CITY IMPLICATIONS: The Park Landscape Maintenance Services Contract is funded through the General Fund, the Lighting and Landscape District Fund, and the Library Fund; therefore, prevailing wages are not required for this contract. BACKGROUND AND OVERVIEW: On September 20, 2005, the City Council awarded a contract to Steven Burt & Associates, Inc. (now Vintage Associates, Inc.) for the Park Landscape Maintenance Services (LMC 2005-09) in the amount of $320,000. This contract is for a period of one year with a provision allowing the City to extend the contract up to four (4) additional one-year extensions, not to exceed a total contract length of five years. ' 080 .s. On June 6, 2006, City Council approved the first one year extension to Vintage Associates for the Park Landscape Maintenance Services. The extension included a 5% increase to maintain the existing parks, and moving the maintenance of the Library, Senior Center, City Hall, and the Adams Park retention basin from the Lighting and Landscape District Contract (LMC 2004-04) to the Park Landscape Maintenance Services (LMC 2005-09). The total cost for the extension was $388,800. On May 1, 2007, City Council approved a second one year extension to Vintage Associates for the Park Landscape Maintenance Services. The extension included a 5% budget increase and the addition of the Centre Point Park. The total cost for the extension was $433,440. Staff is recommending the third one-year extension with a 4% increase to Vintage Associates with the addition of landscape maintenance for the Museum in the amount of $6,000 annually for a total contract amount of $456,778. $414,086 will be funded from the General Fund, $13,862 will be funded from the Library Fund, and $28,829 will be funded from the Lighting and Landscape District. If approved, Vintage Associates will be eligible for one more one-year extension. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a one-year contract extension for the Park Landscape Maintenance Services Contract (LMC 2005-09) for Fiscal Year 2008/2009 with Vintage Associates including a 4% increase and the inclusion of the Museum landscape maintenance for a total contract amount of $456,788; or 2. Do not approve a one-year contract extension for the Park Landscape Maintenance Services Contract (LMC 2005-09) for Fiscal Year 2008/2009 with Vintage Associates including a 4% increase and the inclusion of the Museum landscape maintenance for a total contract amount of $456,788; or 3. Provide staff with alternative direction. Respectfully submitted, Edie HfIton % ' Community Services Director .o; _ 081 Approved for submission by: [ -, ///Thomas P. Genovese, City Manager Attachment: 1 . Contract Change Order No. 5 CONTRACT CONTRACTOR: ATTACHMENT 1 4 a" CONTRACT CHANGE ORDER NO. 5 PROJECT NO. LMC 2005-09 Park Landscape Maintenance Services Vintage Associates, Inc. Sheet 1 of 2 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE -Increase budget 4% for extension of existing park maintenance contract $17,338 -Include the landscape maintenance for the La Quinta Museum $6,000 Original Contract Amount $320,000 Change Order Nos 1 through 4 $155,877 Add This Change Order No. 5 $23,338 Revised Contract Total $499,215 By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is extended to June 30, 2009. %%*%******%%%%%*%%Y%%iF%**♦iF%%iFY%%**iF**%*****M*%**3F*%'*%%*%%%iF**%%***%*%%%**%%iF#iF*Y%%*%%%%i Submitted By: Approved By: Date: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform al/services necessary to complete the above specified work, and hereby accept as full pa yment the amount shown above, which includes all direct and indirect overhead expenses for any delays Accepted By: l` J?�4� Title: Contractor: Vintage Associates, Inc. Date: S `Community Services\Gty Council Meetings\2008\05-06-08\Vintage CC05.doc ,s. 081 e a 0 N O O N t0 O O N 0 N O N O N N N V N N M 00 N V O W O N V ID N ft V V O N V N O O h co N O V CO N N N Il '- N O N N V V O V N N V N N N tD M O M I� N N N O (D O N cD M N O N N V OD N M N co O O O CD O W N O O O N O O N V M OtD N O O a O N N N 6 '- V O V M N O N N O M I� N O N W (D V O O (p O OD V M O .- N V M N O O O O N N N N O O O O N N O O N O V N M c0 O W O O 'Itt � O O N cc W O V O m o V W M r O M V w '- N— V N— N oD M w N O O O N N N N O O O N O W O m M M N M--,T — N V M O O O O O O O O O O O O O O O O O O O O O O 0 0 V W V O O h (D (D (D O O V N — N N N (D (D m D N E L Y ` Y M t0 Y Y Y N UWDZ a (O d Y a m c C y O a U E l6 M � O a a o N U 0 U 0. D O a o N U j y N LL O C= O 0 C QUUUO o a)U W LLJJ�(n (n (�>U J F O M 7 N E Sheet 2 of 2 A... 099 F - �FMOFiNF� COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Denial of Claim for Damages Filed by: Mukesh & Manisha Engineer; Date of Loss — March 27, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: iJ STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Mukesh & Manisha Engineer, with a reported date of loss of March 27, 2008. FISCAL IMPLICATIONS: The total amount of the claim is $3,552.54. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Mukesh & Manisha Engineer with a reported date of loss of March 27, 2008 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: .•.' � 091 1. Deny the Claim for Damages filed by Mukesh & Manisha Engineer, with a reported date of loss of March 27, 2008; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, A -ex Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Mukesh & Manisha Engineer, Claim for Damages .o fu: 092 F2.EWMt CLAIM FOR DAMAGES CITY CI ERn OFFICE CaydLoo*b TO PERSON OR PROPERTY ROL Box IN4 r n ne,_ CA2= bffrRUCTKM f. pdarbrdab,6�Je7bpwanabpnam notl�ertwnabcavaiwdw teowm:Lpw.0oft4pf 2L) utbeped�otbirrrnlri��reieaaaaAnoe.l6or• 2. ChbrobfdampevbredPmpab Coda4tN2J , A t�edeMbeeYhnfambdaetBig. 4. Seop p2brd WwvWdlchb bcW 0w dacditnL S. ThbdahnbmmvdbesWMonp6v2atbdbm. dMethsepemte�bdbireaoaea7.b>praMdehSs SIGNFA WEr. rnre nM.we N/7M _ pate o BCladoIebrFpgDbhgatodgr,tip , d*mt waved rdtb the abe4bhI 'ot fe� ea�f'lfrnl ATTACHMENT 1 FOR FILM $TAW RECEIVED f1PR 221 PM 1.2 45 CITY OF L,iQ0MTA IWOof etleent �r eTebpAated (J , I .1n 5A(,3 Q-A r%%i"ww a - aebillowtnwWNDEorKNlRYooatned Jc7f^ 40o�YA-'ce.�V&�L lv+ w3 %tl �! JjCzfd haI W to b-e - Aeqf3. oesobetndomieadttNnlRva� " a-r- OIL n 1 b� � A. Er 's.' 093 - y . % TheamWAr.';f m' esdrledabdpreMObnOfftdabn.ba>ntp6das"M dabsasmreslawwrc Dmvp loomed 10 deb (mlact) D=Wblpopo* ................ ....:3 1 FrbnaelWrseafwme"ffdboapbleme t BOW" brmedicI wdbosp1wone ..... i Fdmebsedeertlbgs ........ 5 Lmofemdap ...... :................. E oswFQ P ft .......... 8pedaldalnepesbr ..................... $ ftspecdrepnwWdwoW ....... I...... Gonerddemrmea ....................... $ Qbn �3 TobleadambdpwpecOYedsrM".......s TdddenmAeablomedbdab .......... E 5$ a Tddamamtdebd dnmdesofdprelrelddmdrds s waednampewdWkDmybmadodWbYP� YW werepmmO9ftOfsmbdonceCdW ra name eed eddlmeddocbrotyoer Ks%wlmtd4R_ clgasmbdmbe DOMAMNO9PIFAl A phone Docbr Ad&= Ph= Farraorleelldahs9leoemfo0os4ie�mnemeddeds.edudlnpKadh, ' eoddadT0Y7+rPmdlorsBonotyomstllal�deKBmadeeemdent Eat8aua4MdWaska�odeF�daorldedM�Cmdb/shode0egoe ay S-rmd"Morkt�Qadbyx mmemaadderoesbsbadaomaa rclgyd*b mkwaw.dsripdebY NM Ila oryosrvdddewdbm�iyw6daaC rVaMddb�admidt�Arwdddedanisdmnw byd*mnt tatalee a4dbdehmdoapmperAapnm X — Gw f1�tt utltia-�� • - ateo T� SIDEWALK PARKWAY 41D ALK 7 L y v°4 IZY A4p; Al ka ... 0 9 i .RO: •7003117.00 MUKESH ENGINEER _- 49305 STATE HWY 74 PALM DESERT, CA 92260 Home: 760-699-4489 Work: 760-699-4486 EXOOOOO Est.: Julie Received 328/08 Del. Date: 4/17/08 Date Paid: 4/17/08 Detailed Invoice 4/17/08 4:24PM Pacific Collision Centers Cathedral City 38705 Perez Road Cathedral City, CA. 92234 BAR AO 239230 EPA# CAL000191362 760-_328-5669 Fax # 760-770-3035 Date ofLosa: 3/27/08 Year. 04 Make: Honda Model: Odyssey I PnP I Type: TK ` F Style: VanPass AOisiw. Color. WHITE Claim #: License: CA 5HJH881 Policy: Mileage: 59,265 VIN. 5FNRL18964BO92446 Ln Deserfl on _ Est List Vend. List 48 EI Puts Dtacount/Markup-------------------- 2 EI Ren✓lmt FRT BUMPER COVER 3151 Overhaul FRT BUMPER COVER ASSY 1 4 E 1 RelNlmt FRT BUMPER REINFORCEMENT BAry 51E1 RwArma R FRT COMBINATION LAMP 6 El RenvInsl L FRT COMBINATION LAMP 7 E1 Alig mmt HOOD PANEL 8 1 • COOLING RADIATOR 9 EI RemtRepl COOLING FAN SHROUD 10 EI Rein/Rep! A/C REFRIGERANT RECOVERY II al• AIR COND CONDENSER IJ 13HI Repair FRAME. RACK SET UP 14 EI Repair PULL AND SQUARE FRONT STRUCRI 15 EI * COOLANT 1761 Repair R FENDER PANEL ISEI TIME IS TO LOOSEN 19 EI Repair L FENDER PANEL 20 EI TIME IS TO LOOSEN 21 El RemtRepl FRONT BODY RADIATOR SUPPOR' 59�S2 ReYWRepl EVACUATE & RECHARGE A/C 601S2 Chxk1Adj HEADLAMPS 24ri ALL BOWED &PUSHED BACK 25EI Rcnvinsl FRONT BODY COVER 2661 FRONT BODY SPLASH SHIELD 27 EI FRONT BODY CUP 28 EI REAR FRONT BODY CLIP 29 I RFRT SUB -FRAME SUPPORT 30E14 ALIGN FRONT SUSPENSION 31 El LFRTSUB-FRAMB SUPPORT 61 2 Refinish RADIATOR SUPPORT COMPLETE 62S2 Ref/Repr BLEND APRONS @ WELDS 33 EI Overhaul REAR BUMPER COVER ASSY 34 E1 REARBUMPER COVER 52 E I Addtionl ADHESION PROMOTOR REAR BUMP 63 2 Addtinnl MASK ENGINE 36IEI PER MARCO@ KEYSTONE CORE NOT 82.53 113.00 24.79 303.77 72.72 DOE 7.59 PE 3.3610E 24.45 S 72.00 U 24.45 E 390.22 DOE 27.001 IBL PL BL L Page: 1 G 833697809032701050 08336978 b Refin Unit Other --- -- fOP —' 45.45 i0 ;0! i 1 0 e 1.50 1.00 PM 10.00 M 3.00 I I I I I I I I RO: 7003117.00 Detailed Invoice 4/17/08 4:24PM _ TOWING -____I_.___-_49.00j. --- -<TTp7- �- Page: 2 9.00 TOWING I 1 -1-- ---- I gssj f. ZARDOUSWASTE DISPOSAL -- 1 39EI FLEXADDITIVE I SU 49001 1 40E1 FINISH SAND AND BUFF MATERIALS I ISU -4900I 41 EI R MN 500 42 El a p-P' SEAM SEALER I Add Ld1orCLEAR COAT IPI`'1 2.50 43 EI Add Labor iDJT C.OLOR llll+et_P_MM_ 4.24 j 4461 Add y 0.� Labor FINISH ( 5.0(I� 45 i MASK FOR OV SAND AND I L 1.00IIII ERSP'AV L ].00 fMN IOOOI 64 2 Refinish REAR BUMPER COVER I PL II EI PAINT/MATERIALS I 0.84 65S2 PAINUMATERIALS I I J601� 18.001 PL rohls. 137.701 I.467.88I I M 27.001 .��.L_-4�.L- 21.29 23.70 _ Total Category __ _ 176,9911 -- ' BODY LABOR - --- a Rate Unite - PAINT - �- - - - _ _ sar -_ I LABOR I 38.00 14.00� Suppi 1 Total I1 ME LABOR I 38.00 2.9 11 -- - 1 IMECHANICA�LBOR I 75.00 8.90 518.0pJ PAINT MATE 75.00 37.00 329.30 6.00 300.00 PARTS OEM I 1.701 102.00 300.00 I �� PAP78 MKT If 1 863.64I 30.00 189.441 (TOWING I 443.50 863.64) 45.00 -5.71 437.791 MISC NON TAXED I 49 27.00 72.001 1 I Subtotals I 49.001 'SALES TAX I i 33.00 Grand 001 Tatal: I 30.60 2.794.78 33.17 99.39 2,894.17 -•�_� a �- 113.66 1.88 115.54 30.60 Date ' _ _ - - - 2,908.44 101.27 - 3,009.71 4/17/OS _P_eyment ---T --- _ _ -- CUST PAID D - -- - ILecetved ED W%CASH M.A --- Dy Metbod otat Payments: - - �- h9rge Ty Amount I alance Due: -- I MelissajCmah -.�---soo:ool - soo.081 .0.. 096 RO:' 7003117.00 Detailed Invoice Page: 3 4/17/08 424PM Date. 4/04/08 Time: 4:33PM Written By: Julie - Icust0mer CustomerCallbackCalled the customer contact number, advised them of the repair status of their vehicle and the scheduled delivery date. Advised the that the date is based on repair times recognized by the insurance industry, and could change if additional damages are (found during the repair proc I ess. The following details listed below are relevant to this note: "i ]Customer name contacted: MUKESH ,'"Phone number called: 760-699-4489 j"[]Status of car (i.e. Disassembly, paint, prep etc.): ADVISED JUST REC'D PARTS WILL START REPLACING CORE (SUPPORT ON MONDAY I "ODelivery date given: 4/23/08 'Date: 4/07/08 Time: 8:22AM Written By: Julie -- ------------- --- -- --- -.. .1 CUSTOMER CALLED ADVISED WE RECD ALL PARTS IN EXCEPT ONE TECH WELL START ON REPAIRS THIS MORNING NOW THAT WE HAVE PARTS.. 08 --- ------------- - ----- -- ------------ ----- - - � Date 4/08/OS Time: 10:29AM Written By: Julie E'PER SEAN bonds char shroud out hem today. Dooming runt - - -1 ------ ----------------- ------ (Date: 4/09/08 Time: 11:25AM Written By: Julie Customer Callback Called the customer contact number, advised them of the repair statue of their vehicle and the scheduled dlalivery date. Advised the I customer that the date is based on repair times recognized by the insurance industry, and could change if additional damages ere found during the repair process. The following details listed below are relevant to this Dote: "OCustomer name contacted: MUKESH "1]Phone number called: 760-669-4489 I"FIStatus of car (i.e. Disassembly, paint, prep etc.): IN BODY ""Delivery date given: 4/23/08 IrADVISED ALL PARTS ARE IN JUST CUT OFF OLD CORE SUPPORT LOOKS GOOD & ON SCHEDULE (Date: 4/l4/08 Time: 11:38AM Written B77y: Jufie - - l - - -- - - --- --'- --- - ICustomer Callback (Called the customer contact number, advised them that additional damages have been found after we disassembled the vehicle. The following details listed below are relevant to this note: " i 1Customer name contacted: MUKESH ""Phone number called: 760-699-4499 I" USuppiement line numbers discussed, including PPI's: 59-69 !]Total supplement amount $: 74.27 1"LiTotal revised amount $: 2982.71 (ADVISED IN PAINT AND ON SCHEEULE.. 091 RO> 7003117.00 Detailed Invoice Page: 4 4/17J08 4:24PM Date: 4/16/08 Time: 4:41PM Written By: Julie �_--- - - - ---._- Customer Callback Called the customer contact number, advised them that additional damages have been found after we disassembled the vehicle. Tliel following details iisted below are relevant to this note: "UCustomer name contacted: MUKESH I I "r-lPhone number called: 760-699-4486 I" 0Supplement line numbers discussed, including PPI's: PPI ON 92 LINES supplement amount $: 101.27 revised amount $: 3009.71 D IN QGWASH WILL CALL AS SOON AS VEHICLE IS READY TO PICK UP r17/08 - Time: 9:52AM Written By Julie - - — - -- --- - -----,---- -- - — - - - t CUST @ 760-699-4489 ADVISED VEHICLE IS COMPLETE SAID HE WILL TRY TO PICK UP TOMORROW.. STIMATE OF REPAIR INCLUDES PARTS, LABOR, SUBLET AND DIAGNOSIS -- -- -- - --- mthorize Pacific Collision Centers to perform the repairs documented on this invoice (or the attachedinvoice) for the ted vehicle. and that some repairs may require additional services to be performed by vendors other than Pacific Collision Centers. I thorize Pacific Collision Centers to utilize these vendors in the repair process of the above stated vehicle. authorize Pacific Collision Centers to operate the vehicle for the purpose of testing, inspecting and transporting to additional n.An.. Parts used in the repair process will be Original Equipment (O.E.M) parts, unless specked in the "detailed totals" summary of invoice. tfic Collision Centers is not responsible for loss or damage to this vehicle from fire, theft, accidents or any cause beyond our remove all personal belongings from the vehicle prior to drop off. notice and oral approval of the estimated repair price to the above stated vehicle. ing this 11140ice, Mfeby authorize Pacific Collision Centers to act as a "Power of Attorney" in signing any drafts or checks related to the payment of this claim. THANK YOU FOR CHOOSING PACIFIC COLLISION CENTERS Date LI I �� 1 w, !OE = New OEM (Ongfml Equipment Manufacturer) Part JAM = Non -OEM (After Market) Part ILK = Used Part SU = Sublet Repairs / Reconditioned Part Is. 099 . . R0: 7003117.00 .Pacific Collision Centers Cathedml &Y 39705 Perez Road Cathedral QtY, CA. 92234 BARA0239230 EPA#CALM0191362 760-328-3669 Fax # 760-770.3035 -- Detailed Invoice Page: 5 4/17/08 4:24PM I -- /--- -- l-- -------Date Y/yl 099 NER OF VEHICLEENT :ANC+ ADDRESS IS 8 - _AT t 19 AM 3/28/ �t� Awl TOR'S COPY 321.10AFAL07AIR PAGEIDE4 8 +/ ✓W 10�'� RENT -A -CAR COMPANY OF NGEL WE 8:OOA- 6-OOP TH P:00p- 6:OOF T PALn CANYON b0--328-9977 CIT`i CA 92234-5417 FR 3263 8:OOA- 6:OOP SA 9:00A-i2:00P d RENTAL A ID• TYPET 32UO105 999 SU CLOSED s , Y. 2-1 p�sF. RENTER ORIGINAL VEHICLE . NGINEER* MUKES}I* Y = CALENDAR Dr�Y` AODR= 9305 STATE HWY 74 SPC 148 760-6999---4489 NO CHARGE OR I11LE5 OrZTE ALM DESERT CA 72260 760-340 1459 U/15/64 ' ORNfl+a LN.ENAE NO ------------ ------------------- ---"----- XXXX6338 ME wins tWILE. INw�WY CA 10!15/10 V4E, IN _ "GE OUT TO INS-RWERSTnr*x $ DAYS 0 23.99; 10AY _.A__. LJAA EYPI-01E1 UNKNOWN** 95 81-4485 683 6478u32708 Eyr w�p�rPIEU ,_ wwrrwAFvvwnNowaoowr.>twst. IN DIRE DR1 � PE MlI I•eD1Rar•RTowfe•nnoNrowav�`'�� JQ A•E rnrvw uau o arm w U o 1YN01a UNDER %WTM 1RpOLLAND DIRECTR)N TO DRWE VENIME FOR YE AND ON NY t•NµF I AY - $. RE•PONtItLE FOR THflRACTB WN" THEY NG AND FOR PULFILUND TER48 AND CONOITIONB O OFTCT RENTALAOREEYEIt VENIDLE •Y AN UNAUTNORREO DRIVER WILL DIV.S YLW AGA ANDR '2 PERMISSION GFIANTEDT09111124FATE VEHICLE ONLY IN THE STATE OF RENTALAND �V VVV THE FOLLOYYING STATE(S): CA ONLY / NO SMOKING E Ia ,r » s f aPEwr.n+NwrcmlExamEa0.aouxmrRuw:KrranuwmlunRroNNu•ERnoeDRaten RAGE WAIVER NOTICE: VTER ACKNOWLEDGES �2 :EIPT OF ORAL DIS- j� 6NO tLMPAHS l DW 8.99/DAY )SURE THAT DAMAGE =` !VER MAY BE DUPLICA- RENTER0E4T•Ag II►IfOMIPERtpI,AA RBFIFRACf9ROPIpNLfE11tONAL OF COVERAGE MAIN- moo 0°mvftDD"�A°' NFNt e x VED UNDER HIS OR ew.Ea •DY1Ls.Cr•c•V9&AIR •�,"T Fff MOV•1N LOl4•ITORgMf BH i OWN POLICY OF SFl� '" E`9E'N°A9R'"" PAI 3.00."DAY TOR VEHICLE INSUR- FEormwRoz n��R��x 'E. THE PURCHASE OF 11 IAGE WAIVER IS )0091, S-" 'gROE;°"R'"�'"'T :'.:i•i: 5!'.' SLID 11.99/DAY TONAL AND MAY BE :LINED. • • UEL @ 5.25/GALLON !TER:AZ&-- IEPLACE.MENT VEHICLE twE3/28/08 4 r-I � x ElEt371DC caan LICBi6E Na ItARLL --' sY• 3/31/08 25 .00 C ECK 3428/2008 E E O� 'LOYEE9�DI ' c L al �1i1Yer Sik �o�sS aOor Y:.: M.,,f �sMc,l1 G4slpi ih �jS W6 W: ® C� S� t ` / -� ❑r�X\ E IA Vi A 141 A't TA 71 f ' ESTIMATED TOTAL EXCLUDES CHARTE GES THAT CANNOT BE DERMINED AT THE TIME _. E •1 vA s• ,a sn N 71 F RENTAL COMMENCES TAX 7.75 Ji 9 —_ 6—.- ��+c = .39 ESTIMATED TOTAL: f 2 TOTAL CHARGES CJ � � J DEPOSITS Q 2 93 M AFFMATE OF ENTERPRISE RENTACAR COMPANY WKCH ONNSALL RIGMS TO e(IERPRISE NAYESAND MARKS ® Enterorise Re .�,., . 100 COUNCIL/RDA MEETING DATE: Mav 6, 2008 ITEM TITLE: Authorization for Overnight Travel for One Management Assistant to Attend the Municipal Management Association of Southern California (MMASC) Annual Conference Held in La Jolla, California from June 30, 2008 through July 2, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for one Management Assistant to attend the Municipal Management Association of Southern California (MMASC) Annual Conference Held in La Jolla, California from June 30, 2008 through July 2, 2008 (Attachment 1). FISCAL IMPLICATIONS: The Fiscal Year 2007/2008 Management Services Budget has allocated funds for travel, training and meetings for staff. Attendance at this seminar is estimated to be $1,130 based upon the following costs: Conference $ 250 Lodging (2 nights x $125+tax) $ 250 Meals (2 days x $75) $ 150 Travel $ 150 Total $ 800 Funds for this conference are available in Account #101-1004-413.51-01. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: This MMASC annual conference brings together over 300 local government professionals from around the state for personal and professional development. The conference includes workshops, panels and training led by industry professionals. The focus of these activities is to provide practical and applied training that members can take back with them to their own organizations. 101 a. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for one Management Assistant to attend the Municipal Management Association of Southern California (MMASC) Annual Conference Held in La Jolla, California from June 30, 2008 through July 2, 2008; or 2. Do not authorize overnight travel for one Management Assistant to attend the Municipal Management Association of Southern California (MMASC) Annual Conference Held in La Jolla, California from June 30, 2008 through July 2, 2008; or 3. Provide staff with alternative direction. Respectfully submitted, Bret . Plumlee Assistant City Manager - Management Services Approved for submission by: 1 Thomas P. Genovese, Executive Director Attachment: 1 . Conference Program Description 2 4. 102 %loft Asoldaliaa of Suall aft Califarsin .2 = C€ nference FACT SHEET IL 16, 2008 June 30 July 2, 2008 The annual conference is the Association's premier annual event bridging together government professionals from around the state for peril and professional La Jolla Marriott San Diego, CA :—_ " Sponsorship opportunities, scholarships and early bird 'This, 20M Conference is perfect for emerging leaders as it will offer excellent learning registration date: 5/23/08 ' �ppfaofturitiais for your organizatiOn's emerging leaders. This includes workshops, panels and Go to zozvw.MMASC.org for training led by industry professionals. The focus of these activities is to provide practical and the latest Conference news - training that members can lakeback with them to their owntlrganlzatlons. - and uodates. CONFERENCE LOCATION: 2008 CONFERENCE SCHEDULE L&,FBN81N8t7'FGCf Monday June 30• - - 4240 La Jolla Village Dr. 6 a m. to 1230 p.m Golf Registration and Tournament La Jolla, GAS2037 Noon to 5 p.m Conference Registration Open 858 587'1414 1 p,m to 430 p m City Manager Event ® Note: Rooms are available online at a reduced 1 p m to 4,30 p m Pre -Conference _ rate for registered MMASC members --Space is 6 p.m. to 7 p.m Keynote Speaker Transportation to Mixer Event -- limited. 7 p m to 9 p.m Mixer Event ` AMTRAK RAIL SERVICES 9 p.m to 10:30 p.m. Return Amtrak offers a 10% discount off the lowest avail- worwops, able rail fare to San Diego, CA between June 27, 2008-July 5, 2008. To book your reservation Tuesday, July 1: call Amtrak att-M-872-7245orcontact your 730 a.m. to 830 a.m Breakfast Panels, local travel agent. Convention fares can not be 8,30a.m to1030a.m. Opening and General Session .p &Tminin9 booked via internet. Offer valid with Sleepers, 8'30 a.m. to 9.30 a.m Speed Networking Business Class or First Class seats with payment 9.30 a.m. to 10:30 a.m. Keynote Speaker Led by Top of full applicable accommodation charges. 10 a.m. to 5:00 p m. Recruiter Meetings by Appointment Use convention fare code X35S-934 10:45 a in to Noon Concurrent Sessions #1 Llotdostry - Grants Management Prof"Sknah CONFERENCE REGISTRATION MMASC Member Full Registration Preparing the Next Generation . (Includes Pre- Going Green Conference): $300 00 - Cultural Tourism Non -Member Full Registration (Includes Pre- Noon to 1.45 p m. General Session Luncheon .— Conference): $350 00 } e" Two -Day MMASC Member Registration: $250.00 Keynote Speaker Two -Day Non -Member Registration: $300 , Golf Tournament Awards One -Day MMASC Member Registration: $175.00 Committee Awards One -Day Non -Member Registration: $200.0(1 2 P.m. to 3:15 p.m Concurrent Sessions #2 Student Full Registration (Includes Pre -Confer- - Breakout Session -_= - enci $175.00 - Bonds - ` - Marketing Using Technology Note prices change after May23, 2008 Performance Management m CANCELLATION R 330 p.m to 4:45 p.m. Concurrent Sessions #3 Cancellations received ived prior to Friday. June 20 Financial Independence from the State 2008 will receive a tu# refund of costs paid to Public Participation MMASC less a $50.00 processing fee, Women Leading Government Working with Boards & Elected Officials Cancellations received after Friday. June 20 5 p m. to 5:30 p.m. MMASC Board Elections 2204,will not be errgibleforrefunds of any type. 8 P.M. to 11 p.m MMASC President's Reception Dessert Reception, Hosted Bar, Martini Bar, and Casino Nigh Substitutions from the same agency or organization will be allowed through the Wednesday. Jules beginning of the conference. 8 30 a.m. to 9 a m. Continental Breakfast • 9 a.m. to 11:30 a.m. San Diego Area Economic Development Trip 10 a.m. to 11.15 a.m. Concurrent Session 94 Municipal - Leadership During a Disaster Managernent - Public Affairs & Legislation IfthiAssociation of - Are You Ready for the Next Step? HIIIIIIIIIIIIIE9Southern HERAMCalifornia 11.30 a.m. to 12:30 p.m. Being Politically Savvy 103 12:30 p.m. to 1:15 p.m. Raffle & Conference Closing ceaw aF lwQ9mr� COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Authorization of Overnight Travel for One Member of the City Council to Attend the International Council of Shopping Centers Spring Conference in Las Vegas, on May 17-20, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for one member of the City Council to attend the International Council of Shopping Centers' Spring Conference in Las Vegas being held May 17 — 20, 2008. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 375 Ground Transportation $ 275 Hotel (3 nights x $200) $ 600 Meals (4 days maximum X $75) $ 300 Total $1,550 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-41 1.51-01). CHARTER CITY IMPLICATIONS: None. •. , 10 i BACKGROUND AND OVERVIEW: The annual International Council of Shopping Centers' Spring Conference provides economic development marketing, training, information sharing, and professional development opportunities. A brief description of the program is attached for the Council's review (Attachment 1). Mayor Adolph has expressed an interest in attending. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for one member of the City Council to attend the International Council of Shopping Centers' Spring Conference in Las Vegas on May 17-20, 2008; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, �a pu/ Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. ICSC - RECON Spring Conference 2008 Registration & Program A. 105 ATTACHMENT RETURN TO: ❑ Check here if name and address are to be corrected on ICSC's records to conform to information below. Note: Changes in company membership can only be done if paid by the individual. PLEASE PHOTOCOPY FORM AS NEEDED. INTERNATIONAL COUNCIL OF SHOPPING CENTERS P.O. Box 26958 Newyork, NY 10087-6958 FAX: +1 732 694 1800 ONLINE: www.icsc.or9 REGISTRATION INFORMATION Individual Membership Number* (As it appears on your membership card.) "To qualify for the member rate, each registrant must be an ICSC member. A company membership does not entitle every employee of that company to register at the member rate. Last Name Company Name_ Mailing Address _ City Business Telephone First Title State/Province Fax Number SPOUSE PROGRAM Indicate name of Convention registrant Last Name Badge and Correspondence Mailing Address City Fax Number First State/Province Country E-Mail MEETING REGISTRATION FEES (Select One) ICSC Members $375 (Advance) $495 (On -Site) Non-members $790 (Advance) $940 (On -Site) Pay the member rate by joining ICSC today. Student Members $50 (Advance) $50 (On -Site) Spouse Program $375 (Advance) $495 (On -Site) ICSC MEMBERSHIP FEE (For Non-members) Regular and Associate $800 Affiliate and Public/Academic $100 $ Public/Academic Affiliate $ 50 Student $ 50 METHOD OF PAYMENT All prices are in U.S. funds. ❑ Check or money order made payable to ICSC enclosed for $ E-Mail Zip/Postal Code Zip/Postal Code IMPORTANT: ICSC-issued color photo badges are required for everyone attending RECon. Badges will be mailed only to those who have submitted an acceptable photo and registered by March 31, 2008. Avoid delays in Las Vegas, submit a a photo now. Instructions can be found on ICSC's web site at http://v .icn.org/photo. TOTALAMOUNTDUE S or ❑MasterCard ❑VISA ❑AMEX ❑Discover $ Name (as it appears on credit card) Signature Credit Card Number (include all digits) Expiration Date REGISTRATION DEADLINES Register and submit a photo by March 31, 2008 to receive your badge in the mail. Regis- trants who pay the member rate must be a member in good standing on March 31 to retain that rate and receive a badge in the mail. All Convention and Spouse Program badges will be mailed at the end of April with instructions. Upon arriving in Las Vegas just stop by the Registration Center at the Las Vegas Convention Center or at one of the remote satellite air- port locations to pick up your badge holder and program information. March 31, 2008 Register and submit a photo by deadline to receive your Convention badge in the mail and to be listed in the Advance Registrants Directory. April 30, 2008 Deadline to pre -register before arriving in Las Vegas. Registrations will not be accepted after this date. May 17, 2008 Registrations will be accepted on -sits in Las Vegas CANCELLATIONS/TRANSFERS: If you are unable to attend RECon, you may transfer your registration to a colleague (member to non-member transfer requires higher regis- tration fee be paid). All transfers are subject to a $25 fee and the deadline is March 31, 2008.You may cancel your registration up to March 31, 2008 and receive a refund. All cancellations will be subject to a $25 fee and must be received by ICSC in writing. No refunds will be issued after March 31. ADA: Any disabled individual desiring an auxiliary aid for this meeting should notify ICSC at least five weeks prior to the meeting. CONTINUING EDUCATION CREDITS: O SCSM/SCMD: 1.5 credits; CLS: 1.54redits 2008SC-A 2008 ICSC RECON - Convention Program rage i of iu English I Espanol I P1 I VOrtpgneae I PY5pccR Register N I Print Bro myth (POF) 11 T ie d l I V Rif" I Print paae Awm TM The Global Retail Real Estate Convention Home Register Attendees P-9m- I Exhibitors Advertising/Sponsorship Hotel&Travel Contact CONVENTION PROGRAM 2008 Program Saturday, May 17 1 Sunday, May 18 I Monday, May 19 1 Tuesday, May 20 1 Wednesday, May 21 SATURDAY, MAY 17, 2008 10:00 am-5:00 pm Registration and Badge Validation at I.N.C.C. 10:00 am - 10:00 pm Badge Validation at Satellite Locations 10:00 am - 5:00 pm Dmign Trends Open 10:00 am - 5:00 pm Spouse Hospitality Lounge Saturday,_ May 17 1 Sunday, May IS I Monday, May_19 Tuesday, -May 20 Wednesday, _May 21 SUNDAY, MAY 18, 2008 8:00 am-7:00 pm Registration and Badge Validation at I.M.C.C. 8:00 am - 11:00 pm Badge Validation at Satellite IYCathirs 8:00 am-7:00 pm Design Trends Open 9:00 am - 5:00 pm Spouse Hospitality Lounge 9:00 am-1:00 pm CDP, CIS, CSM and CMD Test Revimv Classes The tea renew courses are for candidates seekirg to achleVe Vie deegrabon Of Cotfied Shopping Center Manager Certified Marketing DireRor (CMD), Certified De iimment Design and Construction Pmfec40nai (CDP), Central Leasing Spaoalist (CIS). These courses are designed to familia lm the osMNam with te4 [along techniques, as well as pawde a n:Naw of tat spedficatiom. A pradice test will tie administered untler simulated test conditions and scanrg for Me i examinaton will be mewed Sepami moobsbor the 6 mouma7. 9:30-10:30 am First Timers' Orientation "and press tion John us for an Informative ovev," of how M m o,mlas your conveimon emenence team the Ins and outs of mwigahrg this even[ fmm those who are in the know. Visit the ICSC webute aI www.xsc org to download a oapy of the RECon (First -Timers) Social GuWe. Chaired by: Panelled: Panelist: Panelist: r 51� JOHN CROSSMAN EILEEN CONNOLLY WANDA DUNAWAY JANE MCVEY Resident Business Development Director of Business Western Division Crossman and Company Director Development Alliance CaChair DTZ Balfour Beatty Director Economic Orlando, FL Landon, England Construction Development and Atlanta, GA Redevelopment City of Oceanside Oceanside, CA 10:30 - 11:00 am Student Focus Orientation Chaired by: a- 107 http://www.icsc.org/2008SC/ReconO8_prograin-php 4/30/2008 2008 ICSC RECON - Convention Program rage c ui iv astudent _ MEMBERSHIP JOHN CROSSMAN President Crossman and Company Orlando, FL 1:00 - 2:30 pm Opening General Session Guest Speaker. u. LOU DOBBS Anchor and Managing Editor CNN Lou, Dobbs 7a47ht 2:00 pm - 6:00 pm Public Sector Lounge 2:30 - 6:00 pm Trade Exposition and Green Zone Open 4:00-6:DO pm Open Noun Reception In Trade Exposition 6:30 - 9:30 pm Benent Gala for the ICSC Foundation In Tribune to Chades Greenman Bellagio Hotel and Casino A darting (wend The ICSC Foundation's annual fuhoraisrlg dinner Is the shopping center mdustry's most prestigious vent that ralses money for scholarships and community support programs. This year we are particularly proud W hold this Went in haver of Darin Grossman, industry leader, Past Chairman of ICSC and former ICSC Foundation Chairman. Brig your dents, bring your winagues and brig yourself. Secure your tickets, tables and sponsorship now by ylsiting ..u:scfoundabon.or9/2008Gam or Oil +1 W 728 3628. Featured Entafabar: WAYNE BRADY Actor/Singer/Dancer 10:00 pm - 12:00 midnight Next Generation Reception "Nexr marks the spud Please join us for the 6th Annual Next Generation Ultimate Networklrg Reception, on Sunday, May lothp of NOR 1Gerxratlan attendees,midnight memors and senior level members who wisagro. We ih to glue back W thewith industry.industry• distinguished! 5pare Is strictly limited rated and you mug here a ticket to attend. Sony, Wm-s on registrations will be aoOptho. To Register or Sponsor this signature event pease visit our webote at www.¢sc.org/201>1IN15. Tickets will M mailed to all those who PrrRegistar for the event. Al., on Tuesday, May 20m join us for the Next Generation Concurrent Session and Wednesday, May 21st we have three spinal Wor un s exclusively designed for the NOd Generation. See the program for details. UI d'r�yiaAitoN - In1.��'�LU 1. Saturday,.May 17 1 Sunday, May 18 1 Monday, May 19 1 Tuesday, May 20 1 Wednesday, May 21 MONDAY, MAY 19, 2008 6:30 am - 6:00 Pm Registration and Badge Validation at L.V.C.C. 6:30 am-2:30 Pun Badge Validation at Satellite Locations 7:00 am-6:00 pm Spoon Hospitality Lounge 8:00 am-6:00 pm Wekome Center and Dodge Trends Open 8:00 am-6:00 Pm Leasing Mall, Trade Expedition, Green Pavilion and Green Zone Open 8:00-9:00 am a. 103 http://www.icsc.org/2008SC/ReconO8�7rogr 1m.php 4/30/2008 2008 ICSC RECON - Convention Program rago' VI Lv Continental Breakfast Served in Trade EaPcsttlon 00 am-6:00 pm lblk Sector Lounge 00 - 9:30 am omen In Real Estate Breakfast tld in conlunUbn with CREW Network imbirmil gender expense and marm1mg; experence, Marti delivers eye-opening insights and practical "how be pointers that u will find enlightening, entertaining and easy to apply. :west Speaker: CREW `VIC NARTI BARLETFA 'resident rmndSights Ninnetka, IL :30-10:30 am he Ties BdaMs Checks Are In the Mail: Reinvigorating BN Ecormmy? he houvng bubble popped In 2WS ant m the subsequent Was the apple effects spanned ew:ry sector of the economy, and ere kit throughout tie gobal financial sector. Commercial real estate was not immune from the Lousing market fallout as Iudity dred up for ail forms of real estate. But, te at mid -year, federal tax reaachecks are beginning to flow. Will these ;bars reinvigorate the econgmic landscape or simply postpone the problems? The speaker will discuss these and other mnwlc Issues facing the U.S. ecogmY during this election year and what they mean for the U.S. and global economic udoce, 0:45 am - 12:00 noon be Global Impact of the 2008 U.S. presidential EbcUon or the first time In more than 50 years M Intumbent U.S. President or Vice Prewdent Is seeking another term in the White buss. Thus, the pncone of this year's historic presidential election will signify monumental change Nmughout Amino and routs the;;cW We InNte you W hear die perspectives and propndaratons of political experts covering the world economy, lipbmacy, the enwrunment and other challenges that Ile ahead. Hear thew tLwugnts on what a new Administration will mean D the gbtal dueness community and the world at large. Moderated by: ROY SHEPPARD Founder RoySpeaks Somerset, England 12:15 - 12:45 pm Luncheon Served 12:45 - 2:00 In Luncheon Guest Speaker A Conversation with Mike Ullman Guest Speaker. P MYRON E."MIKE" ULLMAN, III 3C Penney Chairman and CEO Piano, T% 2:30 - 4:00 pm Concoment Seasons I. Global GNersif ca8on In Times of Uncertainty American devtlopers are heading caWw51Y inn International waters. Why? Which coca tnes are finding preference for Mem? Is Mis becoming a new fmnter for Mem? Is this diveraft-tan likely W accelerate? Is it hapWing as a means of diw:rvntatbri risks when the U S. economy spirals down? Guest Speaks. ki IAN THOMAS, CDP ICSC Trustee Thomas Consultants Vancouwar, BC, Canada '• - 10 9 http://www.icsc.org/2008SC/ReconO8_program.php 4/30/2008 2008 ICSC RECON - Convention Program rage `h VI 1 V g. The End of Fre0 Model The Feld of Free Money, 5o whets a devdoper «owner to do' Reserves, -Mal PeMm", cash equity, to name a few, are all bark win a passon. Can retail attract rts share of the avellable raplUI7 Come listen as a variety of repeal providers from debt W equdy tell what they want In their clearly smaller spike zone. Chaired by: a IOHN B. LEVY President John B. Levy and Company Richmond, VA 3. Do al ftert Issues In Town Centers and Mhed-Use Projects Some experts predict, that angle -purpose retail destinations will be obsolete in 20 years. Mr. Zoba will discuss the peculiar legal and business Issues that anse In mixed -use and town center projects that combine recall, readetial, office and hosphality uses C. DAVID ZOBA ICSC Past Trustee Chief Operating Officer Steiner + Associates Columbus, OH Responsible Property Investing An this multidisciplinary panel of experts from the wards of academe, development and finance as they share their diverse erspectial on the emerging field of RPI learn how Responsible Property Iniesmlp enables owners, developers and mvestors h "do well' financially while 'doing good" far society. These RPI founding members will demonstrate, uang realworld projects, ow RPI and Green Building Initiat ws enhance the mbmd-use development and create value for the developer, real estate ft,amen manager, the community and enNronment at large. Chaired by: EDWARD B. LIPKIN ICSC Past Trustee President EBI.&S Property Management, Inc. Philadelphia, PA 5. The Urban Market Today: Myths D Reality loan in a discussion with the players that are in the game and winning. Oman Myths regarding urban dewsopmeM Issas still persist. Come and meet this panel of retailers and developers that understand the real facedrs constraining urban development and See the signlfla t econical opportunities which toet today In our inner cides. This p rel will We the myths ale at a time and share with you their solutions. The parts will help yap move forward to fulfill the needs of the urderserved community while generating good recurns on the investments made there. Chaired by: HARVEY GUTMAN Resident Brookside Advisors, LLC Marlboro, NI Research Workshops 3:00-3:30 pm ICSC's e-Dab-A Resource Ior You 3:30 - 4:00 an Getting the Most out of ICSC's a-Ubnry 4:15 - 5:00 pm Annual Meeting of Members 5:00 - 6:30 pm Ailhoca Reception at I.M.C.C. (By Invitation only) 41. 119 http://www.icsc.org/2008SC/ReconO8_program.php 4/30/2008 2008 ICSC RECON - Convention Program rage.) of tv M opportunity for developers, ratmlers and other private sector members of ICSC W network and meet wan pudic sector atteedees Including Mayon, Gry Managers, Ecomm¢ Development Directors and other public officials. *A dance PMOGiIiAM 5:30 - 8:30 pm Reception for International Delegates (By Invdatim Only) -_— Saturday May-17 I Sunday,_MaK1$I Monciay,_May_39 1 Tuesday, May 20 1 Wednesday, May_21 UESDAY, MAY 20, 2008 :00 am - 6:00 on eplstration and Bodge Validation at LV.C.C. :00 am-6:00 pm across Respitatity Lounge :30-9:00 am vesbYst for International Delegates , Celebration of the Global Diversity of Our Industry By Invitation Only) ':00 am - 6:00 pm Welcomes Center and Deign Trends Open I:00 am - 6:00 Ism .seeing Mall, Trade Exposition, Green pavilion and Game Zone Open 1:00-9:00 am :crntin,mbn Breakfast Seared In Trade Escpektlon I:00 am-6:00 pm leads Sector Lounge ):15-10:30 am :onwmnt sessions I. Global Best Practices ... The Evolving Worldwide Shopping Center IrWustry k panel of intemetlonal experts takes You an a roundthe- world tour of global beg practices. The speakers will show you how ,le shopping center model is beer, transformed to meet the demands of growing markets in various countries throughout Europe, the Far East, the Middle East and South America. See how new developments abroad break the mad with innovation. rhls presentaadn will demonstrate how the shopping center industry Is shell evolving and becoming an International phenomenon. Chaired by: o- 11 EILEEN CONNOLLY Business Development Director DTZ London, England 1. Seal the Del: Brokers and Managers Working Together The combined expertise of a broker and a properly manager, working together in a harmonious relationship, can help "seal a deal' faster and more often man if each one worked separately. Coming together and leamlrg what each other has to offer allows Ispi and managers the opportunity W create an attractive deal for the potential tenant anti/or buyer - creating a 'wink Wnl' for everyone. bin a panel of seasoned eaeorives to discuss and explore various factors VOm in creating the pie= rebtonship between a basing agenVbmker and property manager ant differences between a manager and an asset manager and now in" play a pan In deal negothhna. Chaired by: g`.. 2 IREM MEZ BIRDIE, SCSM Director of Retail Services NAI ReaNrst Orlando, FL 8. Staying Abead of the Curve: Empowering Future Leaden As the Next Generation of showing renter professionals face the inure In retell real estate, they must ask themselves, "What is Neat?' International recall development, underserved urban markets, new retail concepts and sustainable inmatives are key factors mat will shape the future of the�apmayfeand industry Hm do up-and-coming lspeak to usiness mesa [rends and concerns y ahead of the curve In this rapidly changing Carom while providing valuable information for your professional career. 111 http://www.icsc.org/2008SC/ReconO8_program.php 4/30/2008 2008 ICSC RECON - Convention Program rags o U1 IV l Where All the Fuss About Green Buildings? Jerry Yudelmd, leading green building author am IcSc Research Scholar for Sustamabilry, will present an overview of green buildings aM green homes, showing how this growing movenent is changing the landscape for developers, diallers art consumers. Chaired byls+°�j a, SEED 1ERRY YUDELSON ICSC Research Scholar 2007 and 2008 Green Judd Conference Chair Principal Yudelson Associates Tucson, AZ S. Transit Oriented Development Strategies: Tools for Creating a Vibrant, Prosperous Cwnmunity TOD or Transit Oriented Development Is a socially responsible form of deidopment that Is reaping mvestrnent rewards for developers while building strong communises Working together, developefs, readers, state and local officials are finding pearl" ways to bring recoil, housing, office and mass transit W emerging communises. Hear from a parel of experts how they are realizing the financial and environmental rewards of these sometimes challenging and complex developments. Chaired by- �JAlliance PROONAM ''NN11G7p`� s ' CHRIS LEINBERGER Visiting Fellow at the Brookings InstiWtion Professor at the University of Michigan Developer and Author of The Option of Urbanism Washington, DC Research Workshops 10:00-10:30 am ICSC Hasa Research Department? Getting W Know Us 10:30 - 11:00 am What You Always Wanted m Knew About ICSC's Global Directory -But Were Afraid to Ask 11:00 am-12:15 pm Annual Not RetaOers Awards ICSCs members from around the world have voted to choose which retailers they comber to be the most innovatwe ant interesting. Come at[ab this year's Hot Retailers Awards ceremony when (bison Kresdey will unveil the 2008 winners before a gathering of the world's press and stall real estate Industry. After dam ing their awards, the winners will descnbe their concepts add growth plans. Guest Host: ,A CARSON KRESSLEY Actor /Fashion Designer Qurer Eye for the Straight Guy and How to Look Good Naked New York, NY 1:00 - 2:15 pm KEYNOTE PRESENTATION Election 2008: An Update Tory Show was the MIN White House Press Secretary for President George W. Bush, sucoasong Scott McClellan and Ad Fleischer in that rile Between his two White House stints, Srgw was a broadcaster and newspaper columnist After years of regular 2d program, The To" Show Show, ohich went on to becomadd proAding news e nationally symuci tedmadadf for al Public Radom, he launched his Guest Speaker: A �12 http://www.icsc.org/2008SC/ReconO8_Trogram.php 4/30/2008 2008 ICSC RECON - Convention Program rage i or iv "a PONY SNOW Nhlte House Press secretary, 2006-2007 Nashi ghm, DC .esearch Workshops :00 - 1:30 pro :SC's a -Data -A Resource, for You :30 - 2:00 Pm �selling the Meet out of ICSC's a -Library :00 — 4:30 pm occurrent Sessions . I Spy: Spotting Non-Tmdiooml Retail ponoters - Keeping Your Tmranta Graeo and Clean he new and of tenams ounenUy IWON retail properdes, if not property monloned, have the potermal to damage the nvlranment and your business. Dry clearers, pool supply companies, mammography centers and mare, bring special needs - w precautions - to a recall development. Find our ftom des pand of experts representing valuation, architecture, "ronmereal Insurance, law, brokerage and mare, what you reed to imow W protect your retail Imestments, tenants and the r0ronmem. Chaired by: CAE�W rY l �ry �IW�K LYNNY OSENSAUGH 2008 CREW Network President President Osenbaugh and Associates Houston, T% L operi Center in a Challenging Enviranmeit as, the poshom elwlronmefa far open-air recall continues to erode and markm conditions tighten, tear from a panel of Industry "pans who will discuss taw to manage cempanles, finance projects and lease space in current mndsons. The Panel will Include company emoudw:s, lenders and renders who are actively expanding in this emtronmem. Members will also discuss ways to prosper In a down market. Co- halr: Co-chair: ElIf III, k-L DANIEL B. HURWITZ MARTIN MAYER President and COO President and CEO Developers Diversified Sdding Properties Realty Covington, LA Beachwood, OH 3. Navigating Political Speedbumps, Detoum and Roadblocks As the winds of polNcal torture shift, how do you keep Your protect on forks when the public votes, admmismtkms often charge. And Once d often takes lager than four Years to get a project ayProvai, developed, and opened, how do you make sure You dont hk unexpected roadblocks when these changes in administration and polMcal climate occur? A param W public aM phvan "pions will share their ex haw In haw to prepare fw the possibility of charges ar how to nw a[@ them as they do. Chaired by. *Alliance t PROGRAM ELRABETH HOLLAND ICSC Trustee CEO Abheld Credit Corporation Chicago, IL 4. How the International Flow of Goads Into North Amerks Is Changing Traditional Supply Chains Goods nwvanent has become a global business. This parcel dimusumn addresses how new North American ports will change, A how product anim In the U.S. and where new, development to spats will surface. The panel will also discuss imemetional http://www.icsc.org/2008SC/ReconO8_7rogram.php 4/30/2008 2008 ICSC RECON - Convention Program rage a or 1 v goods movement Challenges, along with the opponumms to capitalise upon the mnsume's Increased demand far imported goods and how this will impact future goods movement and traditional supply chains. Oinked by: 51T CURTLS SPENCER President IMS Worldwide, Inc. Webster, TX S. Outlet RetaDing'a Global Reach, Strength and Adaptability we ready a00 factory outlet pro)ecta operating or planned In almost every pan of the world, the concept Is showing uncommon strength In virtually every market. Outlet developers and moulars from around the world meet in this dynamic session to discuss how met' identify dnallergas and wire them through the sectors unique set of skills and adaptability. On everyone's minds for 2008 are three hot [opts: First, are we beading for a global mcessdn? If w, how do we grow our business while remaining cautious? Second, .,It pnllm rttalhng erode our unique proposition? If online shopping Is a threat, how should we prepare for It? And, third, how will sustainabllity affect Ound retailing in 1008? How will Me outlet Industry embrace the green a amia in order to satisfy tenant and consumer demand'+ Chaired by: .h DAVID OBER Partner Pennsylvania Outlet Management Servers Lancaster, PA 5:30 - 8:00 pm Diversity Reception (By Invitation Only) Wynn Hotel, Margeaux Room diversity IdN In the renal and mal estans intlusbles. Network a this dynam cl cookout m0eeptic nard wreG with and to mother mallt estate dcationship udor-rnakers and business people. By invitation only. Sponsored by: Sheanman & Sterling UP, Nixon Peabody LLP, General Growth PMKrJ , Forest City FMerprises, Jones ON LaSalle, McFarlane Partners, Simon Property Group, Urban Antenna, LP., Gap, Irk., Taget Comorabon, Wal-Mart, garden Restaurants, Inc and ICSC. L- Saturday, May 17 I Sunday, May 18 I Monday, May 19 1 Tuesday, May 20 1 Wednesday, May 21 WEDNESDAY, MAY 21, 2008 7:30 - 9:30 am *Alliance Alliance Co-ChNn Breakfast and Mnual Meeting PMOppA 4 (By Invitation Only) 8:00 am - 5-00 pm Regisiretlon and Badge VaOdatkan at I.N.C.C. 8:00 am - 5:00 pm Welcgme Center and Design Trends Open 8:00 am-5:00 pm Leasing Mall, Trade Expodtion, Green Pavilion and Green Zone Open 8:00 am-5:00 pm Public Sector Lounge 8:30 am - 12:00 noon Spouse Hospitality Lounge Research Workshops 9:00 - 9:30 am What You Allays Wanted to Know About ICSC's Global Directory -But Were Afraid to Ask 9:30-10:00 am ICSC Has a Research Department? Getting W Know Us 9:30-11:00 am Workshops 1. The Moment of Truth - Next Generation's Live Anchor Tenant LOI Negotiation FadlBator: FaclUtater:-�. r•.�r V y1nA�aRli/ON ,� j14 http://www.icsc.org/2008SC/ReconO8_3rograrn.php 4/30/2008 2008 ICSC RECON - Convention Program rage Y of i u MARYL HAIRE Retail leasing Agent, Specol¢ing in Landlord Services Epsteen and Associates Santa Monica, CA AMANDA MR02EK Vice President — Commercial Sales and Leasing Core Communities, LLC Port Saint LuoR, FL L ICSC Professional Designations: Who-Whlf-Now Facilitator: Facilitator: GORDOWSKIP"GREEBY, DALE SCOTT, CDP CDP Senior Vice President ICSC Trustee SIKON President Deerfield Beach, FL The Greeby Companies Lake Bluff, It 3. Right on the Moan, — Finance 101 br y iQFNax.FTION GAR HERRING, CDP President & Chief Operating Offimr The MG Herring Group Inc. Dallas, TX a. Slice and Dke Demupraphk Data W Maximize Sales and Rent Facilitator: WALTER S. CLEMENTS, CUM President Greenleaf Properties, Inc. Overland Park, KS 5. Rags to Riches - A Workshop on EkownlleWs RedevebPmant Facilitator: Facilitrton *AIliance PROGRAM RICH HEANY GERRY KIRKPATRICK Executive VIM President Principal /COO of Acquisitions and Environmental Divestitures Standards, Inc. O'Neill Property Valley Forge, PA King of Prussia, PA 6. Ara You CerMflablei FadUGtor: Speaker: Speaker http://www.icsc.org/2008SC/ReconO8_program-php o, ` 115 4/30/2008 2008 ICSC RECON - Convention Program Yage lu of lu IASON RICHTER, CLS LINDA CARRICK- BILL KING, CMD, CSM, Leasing Manager WARFIELD, SCSM, CLS Thor Equities LLC SCMD, SCLS Director of Leasing New York, NY Director of Retail Sales PRETT & Leasing Philadelphia, PA Colliers International Orlando, FL 7. RECon is Over, Nov, What? Fadlltatar. 'students MEMBERIl IOHN CROSSMAN President Crossman and Company Orlando, FL B. Recruiting, Training and Repining a Diverse Worttorce Facilitator. . SUSAN MASSELA Vice President of Human Resources Simon Property Group Indianapolis, IN 9. The Art of Business; Conversation In an Increasingly Diverse Business World Facilitator: CREW M ",. I NFrnaNN LANE SNODDY SMITH 2008 President Elect CREW Network Partner Fullo ght & Iawcrski, LLP Austin, TX Saturday, May 17 1 Sunday, May 18 1 Monday, May 19 1 Tuesday, May 20 1 Wednesday, May 21 Convention Program Fulf Program Focus on__ __ Global_ _Retail Development Spouse.Program Program_At-a=glance (PDF) m 2008 ICSC. All rights reserved. I Terms and CondNans I Privacy Policy I Contact ICSC I ICSC Home I ICSC Events q. 116 http://www.icsc.org/2008SC/ReconO8_program.php 4/30/2008 — s CFa OF'[ COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Approval of a Contract Amendment to the Professional Services Agreement with Omnis Incorporated to Prepare the Plans, Specifications and Engineer's Estimate (PS&E) for the Lago La Quinta and Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Amendment Number 1 to Omnis' Professional Services Agreement (PSA), in the amount of $9,480, to provide additional engineering services for the relocation of the water line fronting The Villas at La Quinta sound attenuation wall, Project No. 2006-02. FISCAL IMPLICATIONS: The following is the approved funding and funding sources for the combined sound attenuation wall project for Lago La Quinta and The Villas at La Quinta: Transportation DIF Total Funding Available: $1,202,704 $1,202,704 Based on the engineer's estimate of probable construction costs prepared by OMNIS in the amount of $1,104,094, the following is the estimated project budget for the sound attenuation walls at Lago La Quinta and The Villas at La Quinta without the water line relocation costs: Professional: Design: Inspection/Testing/Survey: Construction: $15,980 $80,000 $86,140 $1,104,094 'a.I i17 Administration: Contingency: $55,512 $71,023 Total: $1,412,749 As illustrated, a shortfall in the amount of $210,045 exists between the approved project funding and the anticipated project budget for the construction of the proposed sound walls. In addition, the City Council approved a Reimbursement Agreement between the Coachella Valley Water District (CVWD) and the City of La Quinta for the construction and relocation of a water line within The Villas at La Quinta. The estimated cost to relocate the conflicting water line is $422,057. The Agreement commits the City of La Quinta to contribute 20% ($84,411) of the estimated costs to relocate the water line. CVWD will contribute the remaining 80% of the project cost in the estimated amount of $337,646. The costs to prepare the PS&E for the relocation of the water line are included within the Reimbursement Agreement and will be reimbursed at 80%. Staff does not recommend any adjustments to the budget at this time. Staff will present any necessary funding recommendations along with its award recommendations once bids are received. CHARTER CITY IMPLICATIONS: The project is 100% funded with Transportation DIF funds. As such, the project will be bid without the prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of sound attenuation walls on Avenue 50 adjacent to Lego La Quinta, and on Washington Street adjacent to The Villas at La Quinta. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The sound attenuation wall adjacent to Lago La Quinta was included in the adopted CIP and scheduled for funding during Fiscal Year 2006/2007. On January 2, 2007, the City Council approved a Professional Services Agreement (PSA) with OMNIS Incorporated in the amount of $77,440 to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for A. 118 the Lago La Quinta and The Villas at La Quinta Sound Attenuation Walls, Project No. 2006-02. On May 1, 2007, the City Council adopted a Resolution approving the Fiscal Year 2007/2008 through Fiscal Year 201 1 /2012 Capital Improvement Program (CIP). The sound attenuation walls adjacent to Lago La Quinta and The Villas at La Quinta are included in the adopted CIP budget as a single project and reflect previously appropriated funding. On December 18, 2007, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Lago La Quinta and The Villas at La Quinta Sound Attenuation Wall Project No. 2006-02. On February 19, 2008, the City Council approved a Reimbursement Agreement, between CVWD and the City of La Quinta, for the construction and relocation of a water line within The Villas at La Quinta, in conjunction with the construction of The Villas at La Quinta sound attenuation wall, Project No. 2006-02, subject to any final revisions approved by the City Manager and City Attorney. The project was initially advertised for bid in late December 2007. Shortly thereafter CVWD initiated the process of relocating the existing fire hydrants to make room for the sound attenuation wall at The Villas at La Quinta. During this activity, CVWD discovered that the water line serving The Villas at La Quinta was beneath the property line where the proposed sound wall was proposed to be constructed. The advertisement for bid for the project was discontinued until the issue could be resolved. Following further investigation, staff learned that the existing water line was not recorded on CVWD's water facility atlas, nor was it marked in the field by USA Underground during the designer's pot holing (i.e. field verification) process. In short, the location of the water line was not known until CVWD attempted to relocate the existing fire hydrants to make room for the new sound attenuation wall. The conflicting water line must be relocated before the sound attenuation wall improvements can be installed. Attached for the City Council's consideration (Attachment 1) is Contract Amendment No. 1, in the amount of $9,480, which will provide compensation to Omnis for the additional design work associated with the water line relocation. In accordance with Section 1.6 of the approved PSA, "Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council". Contract Amendment No. 1 proposes to increase Omnis' contract in the amount of $9,480. This amount represents 13% of the original contract sum. As such, Contract Amendment No. 1 is submitted for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Amendment Number 1 to Omnis' Professional Services Agreement (PSA), in the amount of $9,480, to provide additional engineering services for the relocation of the water line fronting The Villas at La Quinta sound attenuation wall, Project No. 2006-02; or 2. Do not approve Contract Amendment Number 1 to Omnis' Professional Services Agreement (PSA), in the amount of $9,480, to provide additional engineering services for the relocation of the water line fronting The Villas at La Quinta sound attenuation wall, Project No. 2006-02; or 3. Provide staff with alternative direction. Respectfully submitted, othytRn,PublicWre or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Amendment No. 1 20 .81� 1 1 ATTACHMENT 1 o� -7- F06Jf OF'MEO¢ PROJECT NO. 2006-02 PROFESSIONAL SERVICES AGREEMENT: SOUND ATTENUATION WALL IMPROVEMENTS CONSULTANT: OMNIS Attention: Noel Zemla, Vice President 5195 Walnut Avenue #14 Chino, CA 91710 CONTRACT AMENDMENT NO. 1 Yk#t#i#4kY#######Y3##Y#kikYt##i#tikt##ikk4itk#tiikYtik#k#itii#ittktk#itifkY#*i Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the Contract. DESCRIPTION OF CHANGE This contract amendment adds the preparation of the plans, specifications and estimates (PS&E) for the relocation of the existing water line fronting the Villas of La Quinta, to OMNIS' Professional Services Agreement. OMNIS' scope of work and fee, dated March 14, 2008, is attached and made part of this contract amendment. Yt###s###itkYt###i#t#44kk#i4###ikYiti#Y#tkli#itii#k#ifY#####kiY#4t#Y########Rt Previous Contract Amount Through Contract Amendment No. -0- $77,440.00 Add this Amendment $9,480.00 Revised Contract Total $86,920.00 The contract completion date is extended until September 30, 2008. Submitted .1 Date: By: 1� 3'02l—o0p Approved By: Date: We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as f ll payment the amount shown above. Accepted By: /'/�,f�(/t�—�.►--® Title: W ?AO5 Consultant: i✓OfL ZE7NL#¢ — OMltll'S AJ& Date: 26 0IF I 121 Civil Engineenng Design Infrastructure Management GIs Mapping & Data Systerns March 14, 2008 Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92553 Subject: Revised Proposal for Professional Engineering and Design Services Sound Attenuation Walls, Project No. 2006-02 Water Line Relocation at Villas of La Quinta Dear Mr. Nickerson: At your request, we are submitting this revised proposal to prepare design plans and specifications for the relocation of the existing water line fronting the Villas of La Quinta to the common area private drive within the Villas of La Quinta, including electronic utility detection to determine the location, or existence, of an existing private sewer. Our services will also include the preparation of a legal description and plat for an easement from the Villas of La Quinta homeowner's association and coordination with CVWD for the their approval of the design plans and specifications. Prepare Water Line Plans and Specifications and Obtain CVWD ADoroval Project Manager/Engineer 12 hours @ $120/hour $1,440 Project Designer 16 hours @ $100/hour $1,600 CAD Technician 24 hours @ $75/hour $1,800 KDM Meridian Electronic Utility Detection $2 200 Subtotal = $7,040 Obtain Preliminary Title Report and Prepare Legal and Plat: Project Manager/Engineer 2 hours @ $120/hour $240 KDM Meridian Title Report and Legal $2 200 Subtotal = $2,440 Total Fee = $9,480 Should you wish to discuss any part of this proposal, please call me at 909-631-1537. Sincerely, Omnis Incorporated -740f X t Noel Zemla, PE Vice President 1 211- 5195 Walnut Avenue #14, Chino, California 91710, Tel: 909464-1074, Fax: 866-314-6017 LC1 T4t!t 4 Qabtro F �FCFdj of �p� COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Approval to Award a Contract to Granite Construction Company to Construct the Highway 111 Street Improvements from Adams Street to Jefferson Street, Project No. 2001-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract in the amount of $1,899,998, to Granite Construction Company to construct the Highway 111 Street Improvements from Adams Street to Jefferson Street, Project No. 2001-07A. FISCAL IMPLICATIONS: The following is the approved funding, and funding sources, for the Highway 111 Street Improvement project: Transportation DIF RCTC — Measure A Total Funding Available: $969,802 1,860,635 $ 2,830,437 Considering the low bid in the amount of $1,899,998, the following is the anticipated project budget: Professional: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $340,000 $211,609 $1,899,998 $121,073 $257,757 $ 2,830,437 As illustrated, adequate funding is available to support staff's recommendation to award the base bid area, and additive alternates 1 and 2. Additive Alternate 1, in the amount of $184,957, represents work conditioned to the Costco development project. Costco requested these improvements be priced with the City's improvements to determine if there are savings due to "economies of scale" as well as to better coordinate installation of the improvements which will tie to the Highway 111 improvements. The results of this bid have been conveyed to Costco and a reimbursement agreement will be prepared should Costco choose to have the City's contractor install these improvements. If not, this amount will not be included in Granite's contract. Additive Alternate 2 replaces four state standard traffic signal controllers with city standard controllers. Staff recommends including these replacement controllers in order to better facilitate signal coordination along Highway 111 as well as with the signal controllers on the adjacent .cross streets. Granite's bid for this work is $80,000 which is included in the $1,899,998 bid amount. The engineer's estimate for this project was $1,694,555.35. CHARTER CITY IMPLICATIONS: The project is funded with Transportation DIF funds, and Riverside County Transportation Commission (RCTC) funds from the Measure "A" State Highways Account. As such, the project was bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements will widen the existing roadway to its ultimate 6-lane General Plan configuration and includes new pavement at locations where the widening occurs, along with curb, gutter, signing and striping, new and/or modified traffic signals and other appurtenances and improvements. On October 5, 2004, the City Council authorized staff to distribute a Request for Proposals (RFP) to obtain professional design services to prepare plans, specifications and estimate of probable construction costs (PS&E) for the subject project. On December 7, 2004, the City Council approved a Memorandum of Understanding with the Riverside County Transportation Commission securing funding for the Highway 111 Street improvements. On January 8, 2005 the City Council approved a Professional Services Agreement (PSA) with RBF Consulting, in an amount not to exceed $252,800, to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Highway 111 Street Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A. On April 18, 2006, the City Council adopted a Resolution Supporting the City's Intention to Take Over State Route 111 Within the City of La Quinta Jurisdictional Boundaries from the State of California. On December 4, 2007, the City Council approved a Cooperative Agreement with the State of California for the relinquishment of State Route 111 within the City of La Quinta jurisdictional boundaries and authorized the Mayor to execute the Cooperative Agreement on behalf of the City. Senate Bill 224, Highway 111 Relinquishment, sponsored by Senator Battin, was signed into law by the Governor on October 14, 2007. The bill took effect on January 1, 2008. The California Transportation Commission (CTC) approved the Cooperative Agreement on January 10, 2008. The Cooperative Agreement, among other items, outlines the agreed upon funding provisions, and other terms and conditions in which Caltrans will relinquish and the City will accept the facility. In accordance with the Cooperative Agreement, the State has agreed to issue payment in the amount $700,000, within 30 days of the recordation of the CTC's Resolution of Relinquishment. This payment will represent the State's only payment obligation for the City to accept the facility. On February 5, 2008, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Highway 111 Street Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A. On April 17, 2008, six sealed bids were received for the construction of this project. Granite Construction Company submitted the lowest responsive combined bid in the amount of $1,899,998. A detailed bid comparison summary is provided for the City Council's consideration as Attachment 1. Contingent upon City Council's approval to award the project on May 6, 2008, the following represents the anticipated project schedule: 125 City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out FINDINGS AND ALTERNATIVES: May 6, 2008 May 7 - 31, 2008 April — November 2008 December 2008 The alternatives available to the City Council include: 1. Award a contract in the amount of $1,899,998 to Granite Construction Company to construct the Highway 111 Street Improvements from Adams Street to Jefferson Street, Project No. 2001-07A; or 2. Do not award a contract in the amount of $1,899,998 to Granite Construction Company to construct the Highway 111 Street Improvements from Adams Street to Jefferson Street, Project No. 2001-07A; or 3. Provide staff with alternative direction. Respectfully submitted, hy ona s n, P.E. Wo Dir or/City lmPub2i Engineer Attachment: Approved for submission by: lye Thomas P. Genovese, City Manager 1. Bid Comparison Summary •.J 12S I'l l I1 IIVIl1Y 1 1 Wu SBSS$S'»" o$m88S$5n -$SE8SSE - m8$SorSSvA3b $ SS,SS S 6 C wqn n w«wnnnn w wpw n x gESSS" pw.p¢.pn«www----pn =SSSA$g� pn p--------ppwp---4pw �SSS8SS 'e'B vesS�^8S Pwwwwpw pw pw y BSSS ? u BSSSF�S pppppp pp mv".gn$'o �ggSn pp pp =SS85SS Qpp_ -�gm�BS$'�Ogb pp_ pppp BSSS p E C %6 - V f wpn«pp w n«wwwwwnrrr n pr ESSS pw pw pw n r y $SSSO pww««wwwnwwwngnnwwwnngw go N r88so .qI pw pn I S,SSS pn qw USE pr `SPUNTo $e^85 qw assasa- _ _ sssa ^�a�_$s - so"sso = aT - - - e o as 1111111 _sa88so"s assssss ae$s x - - L W nn«wn««wnnnw»nn«wwwnwwnwn«wn w xwwwnn««nrwn n «wnn « r x ; - oW ssss$g_gWsswsesas��se asss�s� �s� =an��s sass a W�rHIM x E uW pp SBSSSSri11 yYppQppp ;;qq MI n$wW1 pA pp 1 qY $ pp o25�i-' yY Bill pp YQ $gos Q pp S ; "' wwnxwww««www««wrwnx«xwnn«x«w w«««www»««««w w n««x w x g8sss=^=�=r�asss_m=so=sag�ss _=s�-sam^ss HE U � c pIIppgqp4ppqq SESSSS- .08� n$$8n$Hn b",mS58888 pppp r$$rrSS�EB qq pY S8�$ $ � xW W - - U ««wnw«www«nwnnnwnwwnnwwwnw«« w n«nnwwwwwnnn r wwwn n x 88„88,888=888 i p8 SSSEErvnn_o___gp8 p8 p8 y8 p8888n.9i888888888n=8888888 ono r000pp88gq nq_esgo._p8 g8888 pgg Z xwwzLL��Waaw�w r« = n`3.ni F awry= ^-^:��a=,- � _ F � FF A Ex �a 90 o$ as ES 7 fxxxm Fm t Wa: F y, €:=' _9C _n24.:nOYm UVVtivS��rc`u rn FbVa�idn En FSEy d-i° Oar wF•.M=V� .eaV�_ga0 KK 65'� O{.a= pc O � F mfe�cs„aaa W>'e�8f nM: a88 �� °C =m- -_-------- - �� - *OHI as 0- 127 �OF F� COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Approval to Award a Contract to Sierra Landscape, Co. to Construct the Avenue 54 Median Island Landscape Improvements, Project No. 2006- 09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Ia111.101[NIIDFA91.[" Award a contract to Sierra Landscape, Co., in the amount of $581,160 to construct the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09. FISCAL IMPLICATIONS: The following is the approved funding and funding sources for the Avenue 54 Median Island Landscape Improvements: RDA Project Area Number 1 Total Funding Available: $701,142 $701,142 Considering the low bid, in the amount of $581,160, the following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Contingency: Total: $33,000 $39,283 $581,160 $47,699 $701,142 As illustrated, adequate funding is available to support staff's recommendation to award a contract in the amount of$581,160 to Sierra Landscape, Co., to construct the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09. CHARTER CITY IMPLICATIONS: The project is 100% funded with Redevelopment Agency Project Area Number 1 funds. As such, the project includes prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located on Avenue 54 from Jefferson Street to Madison Street. The proposed landscape improvements will rehabilitate the existing landscaping to include installation of artificial turf, new drought tolerance landscape, drip irrigation, and median island lighting. The landscape palette is based on the City Council approved "desertscape" theme for primary image corridors. 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 scheduled for funding during Fiscal Year 2006/2007. 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 Number 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 Number 2006-03 and 2006-09. On June 19, 2007, the City Council provided staff with design direction regarding the use of artificial turf along with other low water use landscaping and ground cover to provide a median island landscaping theme that compliments other nearby landscaping themes. On December 18, 2007, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09, for bid. On January 30, 2008, four sealed bids were received for the construction of this project. Teserra submitted the lowest combined bid in the amount of $599,737. Subsequently, a bid protest was submitted by Marina Landscape, Inc. charging that S. 121 the percentage of work being performed by subcontractors was higher than allowable. After review of the issues, both City staff and the City Attorney concur that the contract should not be awarded to either the low bidder or second low bidder. The bid from the third lowest bidder is $150,000 higher than the low bid. Staff recommended rejecting all bids and re -advertising the project. On February 19, 2007, the City Council rejected the bids received on January 30, 2008 and authorized staff to re -advertise for bid the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09. On April 2, 2008, the second round of sealed bids was received for the construction of this project. Sierra Landscape, Co. submitted the lowest responsive bid in the amount of $581,159.60. The engineer's estimate for this project was $880,756.50. A detailed bid comparison summary is provided for the City Council's review (Attachment 1). Contingent upon City Council's approval to award the project on May 6, 2008, the following is the anticipated project schedule: City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out FINDINGS AND ALTERNATIVES: May 6, 2008 May 7 - 21, 2008 May — August, 2008 September 2008 The alternatives available to the City Council include: 1. Award a contract to Sierra Landscape, Co., in the amount of $581,160 to construct the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09; or 2. Do not award a contract to Sierra Landscape, Co., in the amount of $581,160 to construct the Avenue 54 Median Island Landscape Improvements, Project Number 2006-09; or 3. Provide staff with alternative direction. •. 139 Respectfully submitted, dub othy R na s P.Eic Wor Di for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 131 ATTACHMENT o xIn � V Bag 8 - 8 - - - 8 8$ 888 8 8 8 8 8 8 8 8 8 8 g 0 8 8 g 8 8 Tm8 8 8 8 8 8 8 $ 8 8 m i � e a °u8g8g 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 g g 8 a g F o d-, T - F p o < 8 w e< o o o g o o g o 0 0 0 gg,'„ W V m 0°.8o 5 -odo a c 8 2 z'w rcic K'"4 i�a�o= o"cw y�oio„'a a�a <�sa� k�a�o�o a'ag 'Zap o'a o'�o'd o� p_a o'dd °p„ii a' o pi �E „'"h y >p hv',s„Nw "�w i«�.o z�c °° 6zN=z zx M eye ?$a R'arc pw�p'a�rc�e�z pia opz �c 0 _A r „ 132 COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Approval to Award a Contract to Mocon Corporation to Construct the Avenue 52 Bridge Improvements, Project No. 2005-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Award a contract, in the amount of $1,519,349, to Mocon Corporation to construct the Avenue 52 Bridge Improvements, Project No. 2005-02 and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The following is the approved funding and funding sources for the Avenue 52 Bridge Improvements project: Art in Public Places (APP) Fund Transportation DIF Total Funding Available: $200,000 $2,148,875 $2,348,875 Considering the low bid, in the amount of $1,519,349, the following is the anticipated project budget: Design: Professional: Construction: Inspection/Testing/Survey: Administration: Contingency: Total: $250,000 $48,750 $1,519,349 $300,000 $48,750 $182,026 $2,348,875 133 As illustrated, adequate funding is available to support staff recommendation. CHARTER CITY IMPLICATIONS: The project is 100% funded with Art in Public Places and Transportation DIF funds. As such, the project was bid without prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements include widening of the Avenue 52 bridge over the Coachella Canal located approximately one -quarter mile east of the Jefferson Street roundabout to its General Plan width to accommodate four lanes of traffic and a sidewalk on each side of the roadway. Other ancillary improvements include widening the roadway approaches from approximately 200 feet west of the bridge to approximately 900 feet east of the bridge, and construction of an 18-foot wide median with landscaping in the newly widened area. Additionally, a 600-foot long retaining wall will be constructed on the north right-of-way line east of the bridge due to difference in elevation between the street right-of-way and the adjacent private property. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP). Sufficient funding for the Avenue 52 Bridge Improvements project was included in the adopted CIP to proceed with the design phase of the project. On March 21, 2006, the City Council awarded a design contract to LAN Engineering of Lake Forest, CA in the amount of $198,140 to prepare plans, specifications and engineer's estimate. On February 6, 2007, the City Council accepted a right-of-way dedication from Prices Nursery and Garden Supply. On May 1, 2007, the City Council adopted a Resolution approving the Fiscal Year 2007/2008 through 201 1 /2012 Capital Improvement Program (CIP). The Avenue 52 Bridge Improvements project is included in the adopted CIP with construction phase funding provided for Fiscal Year 2007/2008. On December 4, 2007, the City Council approved a contract and license agreement with the Bureau of Reclamation authorizing access to the Coachella Canal right-of- way to reconstruct and widen the Avenue 52 Bridge. On February 5, 2008, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Avenue 52 Bridge Improvements, Project No. 2005-02 131 On April 16, 2008, seven sealed bids were received for the construction of this project. Mocon Corporation submitted the lowest responsive bid in the amount of $1,519,349.50. The engineer's estimate for the project was $1,735,174.90. A detailed bid comparison summary is provided for the City Council's consideration as Attachment 1. Contingent upon City Council's approval to award the project May 6, 2008, the following is the anticipated project schedule: City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out FINDINGS AND ALTERNATIVES: May 6, 2008 May 6 - 31, 2008 June 2008 — May 2009 June 2009 The alternatives available to the City Council include: 1. Award a contract, in the amount of $1,519,349, to Mocon Corporation to construct the Avenue 52 Bridge Improvements, Project No. 2005-02 and authorize the City Manager to execute the contract; or 2. Do not award a contract, in the amount of $1,519,349, to Mocon Corporation to construct the Avenue 52 Bridge Improvements, Project No. 2005-02; or 3. Provide staff with alternative direction. Respectfully submitted, Ti thy R. Jo as P.E. ublic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 8.1 13 W Q saxs - _T $e grs=a:�`ao msa�s^aa�88= r� I NO, ^�.�n UUMM89c��sraean_ga��rss s� C$ em�a^"s"^e8 s sma=o`sr r sao8s sa„ as= s �» 88 88�w$�a ^� eessso-°-'ae� ~$�8r��8R8'°� Is 9 88^- --- .$ gU imppppppgpppp u G�ESSSSEmSg$m$n "'ESSSEri�R_6S6a$$AEmaai yq-pppp pp- qy4-q= pp o6$" p_ n2$ pp ^ c V e i� �hYYY 3 z?S3S8EE$m53o 44 yp "'$E=�en=EEg5 4 pq p p F'2SB p S°0 —_EE8'".A py �'��S Y 6=38-- r8§$&&0'°��88-8 o�rpp �=1S88SS$��R$C qpqp q v8wD$$8mg$SOSSE$E$n$ano�SSSIX pp pY ¢¢pYq4 pp pQpQq$ p 8888888888$$88888888888888888888888888888=88 &$$m- a< W x 3 W i � Rn `gesso `p�¢g�c £gr�cU� �yon3%o m� }{ ge c�m:2�aeaammx6 '� :ra3i�sL�a_- -a�z"�Xe"'<�e-y-Ems"ii�myy'wd�°m"our o_ <v - - 4- 136 OF'[NE'� COUNCHJRDA MEETING DATE: May 6, 2008 ITEM TITLE: Approval of an Amendment to Professional Services Agreement with Willdan for Traffic Engineering Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /.2- STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to enter into an Amendment to Professional Services Agreement (Attachment 1) with Willdan for a period of six (6) months, in an amount not to exceed $100,000, to provide traffic engineering services. FISCAL IMPLICATIONS: The Draft Fiscal Year 2008/2009 budget request contains $65,000 in Account Number 101-7002-431.32-07 for Contract Traffic Engineer services as well as $159,000 in staff salaries and fringe benefits for a full-time City Traffic Engineer. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Public Works Department is in the process of recruiting for a full-time Traffic Engineer. However, our efforts to find and secure a qualified candidate who is available on a full-time basis have, to date, been unsuccessful. Therefore, the City has sought contract services until the position can be filled. On December 4, 2007, the City Council approved a six (6) month PSA with Willdan, for an amount not to exceed $100,000, to provide traffic engineering services until a qualified full-time City Traffic Engineer can be hired. The current PSA with Willdan permits a one year "extended term" as outlined in Section 3.4 of the PSA. Staff is recommending a six (6) month extension of this PSA, in anticipation that the City will be able to recruit and hire a qualified Traffic Engineer. If approved by City Council, the PSA with Willdan would be amended to extend the term for six (6) months (July 1, 2008 through December 31, 2008), in an amount not to exceed $100,000, with the City reserving the right to terminate the Agreement at any time upon thirty days' written notice to Willdan. To date, Willdan has provided excellent traffic engineering support through Rusty Beardsley; therefore, staff recommends the existing Willdan contract be extended for an additional six months while the recruitment continues for a full-time traffic engineer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to enter into an amendment to Professional Services Agreement with Willdan for a period of six (6) months, in an amount not to exceed $100,000, to provide traffic engineering services; or 2. Do not authorize the City Manager to enter into an amendment to Professional Services Agreement with Willdan for a period of six (6) months, in an amount not to exceed $100,000, to provide traffic engineering services; or 3. Provide staff with alternative direction. Respectfully submitted, dPliothy R. ona n, P.Euc Wor s Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Amendment to Professional Services Agreement - Willdan 133 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Wiildan (Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1 1 scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to professional traffic engineering services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and Incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional anti satisfactory manner in accordance with the standards prevalent in the industry for such services. 1,2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 13 Licenses,__ Permits, Fees. and _ Assessments, Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any lees, assessments and taxes, plus applicable penalties and Interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity_ with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform ept at sk until written inttructonsy of hare received from the Contract fact and shall not proceed cOfficer (as tdefined sinlSection 4.2 hereof). 1.5 Care of Work and_St_andard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent sons losses or urtilracc:eptand anceshall off�tileresponsible Ciall damages, ty, except such loses or per 133 damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a standard of quality and workmanship consistent with the standard of care ordinarily practiced by members of Consultant's profession who are regularly retained to perform services on projects of such complexity. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specifies in the Scope of Services when directed to de so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five, percent (5070) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract_Surn. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Thousand Dollars ($100,000 the "Contract Sum") during the initial six month terrn, except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and matenals based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense in conducting City business, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Consultant's hourly rates include all costs for transportation to and from work. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City iio later than the tenth 00thl working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the data of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours 149 assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Ti-me_ 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 to Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the PILINic enemy, tires, earthquakes, floods, epidemic, quarantine resh'ictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the tirne for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and trip Contract Officer's determination shall he final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on January 1, 2008 and terminate on June 30, 2008 (initial term). This agreement may be extended for one additional year upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agteement. Therefore, the foregoing principals shall be responsible during the terr.i of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. A.) 141 The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract_ Officer. The Contract Officer shall be Timothy R. Jonasson or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE INDEMNIFICATION AND_BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: A.. 142 Contract Sum, Personal Injury/Property Damage Coverage Less than $56,000 $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 Any aggregate limit shall be at least double the occurrence limit required above, Consultant shall carry automobile liability insurance of $1,000,000 per accident against all clairns for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severeibility of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy roust specifically include work performed under this agreement. the policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in affect during the term of this Agreement and shall not he cancelable without thirty (30) days written notice to City of proposed canccllaiion. The procuring of such insurance or the delivery of policies or c urtrticates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. 4., 143 a. General Indemnification Provision. 1. Indemnification, for Professional Liabilitv. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitatioh, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent some are cause in whole or in part by any negligent or wron(Iful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liamlity ,hereof) in the performance of professional services under this agreement. With respoct to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemn_rfu;ation_ for_.Other Than. Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants pr expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3, Standard_ Indemnification Previsions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or env other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for_ Contracts Related -to Construction. Without affecting the rights of City under indemnify any provision of and hold harmless this agreement, City for liability Consultant shall not be required to a.': 144 attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ('Indemnified Parties") f,om and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any suhconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. G. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or S. 145 property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require d. 14 F its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide tho same minimum insurance coverage required of Consultant. Consultant agrees to monitor arid review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this seCtion. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review, 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14, Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 19. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19, These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 5.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7,2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of surh default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7,5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain uijuncuvc relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall he entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termnmion is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any 159 payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7,9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES' NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict ot_.Interest. No otficer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, dtrr;ctly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for ohtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, ,hat there shall be no discrimination against or segregation of, any person or group of persons on oCCOUnt of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agroerrnent. Consultant shall take affirmative anion to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is rcquiied to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty eight (48) hours from the time of mailing if marled as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 76-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: WILLDAN Attention: Lew auesing, Vice President 13191 Crossroads Pkwy. N. Ste 405 Industry, California 91746-3497 151 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below, CITY OF LA QUINTA a California municipal corporation > Thomas P. Gonovose, City Manager Date APPROVED AS TO FORM: At/1'e Jo c n, City Attnrncy 9. 152 CONSULTANT: ViII L,LIAN By: Name: NL4ZL (�LuE�11r1C, Title: Date: 1• 153 ex►if oir A WILLDAN November 21, 2007 Mr. Tim Jonasson, P.E. Public Works Director/City Engineer City of La Quints 78,495 Calls Tampico La Quints, CA 92253 Subject: Proposal for City Traffic Engineering Services Dear Mr. Jonasson: 13191 Crossroaas Parkway North, Suite 4U5 Industry, California 91746-3497 5621906-62001ac 5621695.2120 www willdan o RECEIVED NOV S 9 Z007 PUBLIC WORKS W illdan is pleased to submit this proposal to the City of La Quints to provide professional traffic engineering services. Based on our understanding of the requested services, we propose to provide a professional traffic engineer, licensed to practice in the State of California, to serve the City as its City Traffic Engineer. The individual assigned to act in this capacity by Willdan will be available to provide the following tasks upon specific request by City staff. • Serve as technical advisor to City staff on a regular basis or when called upon by City staff. • Investigate and report on requests, suggestions, and complaints from citizens, homeowners groups, school authorities, or the police department involving traffic -related issues. • Investigate and report on locations which have been identified as experiencing an atypical number of reported traffic collisions. • Assist the City with traffic signal timing and operation of the City's traffic signals. • Assist City staff with periodic budget preparation for traffic -related maintenance activities and capital improvement projects. • Be available to make technical presentations before the City's Planning Commission and City Council on traffic -related matters. • Attend various meetings (scheduled on the consultant's office day during working hours) and make technical presentations. • Assist City staff and City attorney's office on traffic -related matters involving claims and litigation against the City. • Recommend policies and procedures on traffic -related matters involving risk management. In addition to the above -traffic -operational tasks, Wilidan's assigned individual will be available to assist the Community Services Department with the following tasks: Review of Traffic Impact Reports for proposed development. November 21, 2007 Page 2 Review circulation studies for General and Specific Plans. Through Willdan's technical staff, review transportation modeling studies. Assist with conditioning proposed development for appropriate public works improvements. Willdan, through the use of a traffic data collection firm, will provide traffic count information on an "as needed" basis. Wjlldan proposes to assign Mr. William "Rusty" Beardsley, P.E., to the City of La Quinta to serve as City Traffic Engineer. Mr. Beardsley Is very uniquely qualified to serve the City of La Quinta as its City Traffic Engineer. He has over 18 years of experience in traffic engineering including 12 years specializing in municipal traffic engineering, Mr. Beardsley is currently available to serve the City routinely up to 24 hours/week. Willdan can offer flexible weekly hours and alternative off -site work hours as high priority tasks require, to addition, Mr. Beardsley will remain accessible to the community and City staff by telephone, mobile phone, and e-mail during normal business hours. Wjlldan proposes to assign Mr. Beardsley at a reduced billing rate of $150 per hour. This rate includes the usual overhead expenses and all automobile -related expenses, except mileage exxppenses while on City business. We suggest that word processing be normally done by City staff. Willdan can provide this service along with other technical support, which would be billed at our standard billing rates as described on the enclosed Schedule of Hourly Rates. Mileage costs while on City business would be invoiced at the then current federal rate for mileage reimbursement. Other indirect expenses, such as reproduction, printing and mailing and delivery fees would be billed at the direct cost of the expense. Wjlldan sincerely appreciates this opportunity to offer Mr. Beardsley as the City's Traffic Engineer. Should you have any questions or desire additional information regarding this proposal, please contact Mr. Lew Gluesing at (562) 908-6291. Respectfully submitted, All LOAN N Lely Glucsulg, P.E., T.E., P T.O.E' Vice President Enclosures LG:mh 95610-07106.1601P07-283R 1 William C. Pagett, P.E. Senior Vice President �.� 155 WILLDAN Schedule of Hourly Rates Effective July 1, 2007_ to_Jure 3O 2008_ ENGINEERING LANDSCAPEARCHITECTURE Principal Engineer ......:........ .... ............ $190.00 Division Manager ..... .. ...,..... .. 170.00 CityEngineer............................................................ I f u.00 City Traffic Engineer...............................................170.00 Project Manager ......_ ............................................ 170.00 Program Manager ............................... ...... ....... .... 170,00 Supervising Engineer................................................155.00 Senior Engineer.. . . - .. - - . . ........... ........ 140.00 Senior Design Manager ...................................... 140.00 Design Manager...................................................130.00 Associate Engineer................................................130.00 Senior Designer......................................................125.00 Senior Design Engineer 11.............. ............................ 125,00 Senior Design Engineer L. ....... .. .. ... ............ .... ..... 120.00 Designer 11..................................................... __..116.00 DesignerI...............................................................110.00 Design Engineer II..................................................115.00 Design Engineer I ................................................. 110,00 SeniorDrafter ........ .............................................105.00 DrafterII ............. .... .. .......... ........... _ .... .�.............. ..05,00 DrafterI ..................................... _ ............. ............. ..90.00 Technical Aide ........ ...... .... 80.00 CONSTRUCTION MANAGEMENT Division Manager.................................................170.00 Project Manager— . ... .......... . .........170.00 Senior Construction Manager..................................150.00 Construction Manager .......................................... 140.00 Assistant Construction Manager ............................. 115.00 Utility Coordinator ... ............. ............. ............ ........... 120.00 Labor Compliance Manager ...................................... I i 5.00 Labor Compliance Specialist...................................90.00 INSPECTION SERVICES Supervising Public Works Observer 115.00 Senior Public Works Observer. .. .........105.00 Public Works Observer ..... . .. ........ ."g5.00mo0 .00 Assistant Public Works Observer ... ... .. **95.001105.00 SURVEYING Division Manager..................................................170.00 Supervisor - Survey & Mapping................................150 00 Senior Survey Analyst............................................125.00 Senior Calculator ................................... _ _........ 115.00 Calculator It......................................................105.00 Calculator Il................................ .........................95.00 Survey Analyst II.....................................................110.00 Survey Analyst I ....................................................95.00 Survey Party Chief................................................110.00 Field Party (One)..........................................170.00 Field Party (Two)....................................................225.00 Field Party CThree)..................................................285.00 Division Manager .................................................... 170.00 Principal Landscape Architect .................................... 145.00 Senior Landscape Architect.....................................120.00 Associate Landscape Architect..................................110.00 Assistant Landscape Architect...................................95.00 BUILDING AND SAFETY Division Manager .......... ........... ...... .. .170.00 Supervising Plan Check Engineer, ........ Building Official .. ... ......... .. ..... .....145.00 ... 145.00 Plan Check Engineer. . ..... _ .. ..... ... .. ..135 00 Deputy Building Official ..................................... 135,00 Inspector of Record . ................ . ........... ....135.00 Senior Plans Examiner ......... .......... .... ... 120.00 Supervising Building Inspector ............... .....120.00 Plans Examiner .. .. ... ....... ........ ........ .110 00 Senior Building Inspector. ........ . .... ..... 110 OD Supervisor Code Enforcement ................. ...110 00 Building Inspector ....... .. . .. ..... . "100 001105,00 Supervising Construction Permit Specialist .... . too 00 Senior Construction Permit Specialist....... .. ...95.00 Senior Code Enforcement Officer .......... .. .... ..9f1.00 Assistant Building Inspector ......... ...... "90.00/105.00 Code Enforcement Officer ... ............... ...........75 00 Construction Permit Specialist . ............. .. _75.00 Assistant Construction Permit Specialist. ..,....... ..80.00 Plans Examiner Aide .............................. . ...... 70 00 Assistant Code Enforcement Officer .. ........... ....65.00 PLANNING DivisionManager.......................................................1T0.00 Principal Planner........................................................145.00 Principal Community Development Planner..............145.00 Senior Planner..........................................................125.00 Senior Community Development Planner., ........ ....... 125.00 Associate Planner.. .... .............................. .. ........ .... 11 o.00 Associate Community Development Planner ...........110.00 Assistant Community Development Planner .............100.00 Assistant Planner....................................................100.00 Planning Technician....................................................80.00 Community Development Technician .........................80.00 ADMINISTRATIVE i Computer Data Entry ............................................... 60.00 Clerical.................................................................... W.00 Word Processing........................................................60.00 Personal Computer Time...........................................25.00 Mileage reimbursement will be charged at the current Federal guideline rate at the time of billing. Vehicles will be charged at a monthly rate of $500.00, " Prevailing Wage Project, Use $105 00 Additional billing classifications maybe added to the above listing during the year as new positions are created. Consultation In connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Bluepmiting, reproduction, messenger services, and printing will be invoiced at cost Valid July 1, 2007 thm June 30, 2006, 156 William J.'Rusty' Beardsley, T.E. City Traffic Engineer Education Pnor ;o ioirwy VliJ[dar: Mr. William "Rusty" Beardsley served i' years with Bachelor or Science, the City of Crrone tpop 150, 1 their traffic, ongrneenng section, one last 7 Clarkson University, of Mich were si;eni as the City's i raffic Engineer In this position Mr Potsdam, NY Beare sley directed o nice -person staff and had full responsibility for all asocrs of 111v Crty's day-to-day traffic operations as wd6 as hauro planning Registration Sp 'r.'.6cally, this Mkided, bat was not tailed to file folfowing, Registered Traffic Engineer, California No. TR 1784 • Signal timing and maintenance (140 signals). • Implementing a stateof•the-aA Advance Traffic Management System Affiliations (ATMS) and Traffic Management Center (TM% Institute of Transportation • Traffic Impact Study review. Engineers • Neighborhood traffic calming measures. Traffic Signal Association • Signal, striping and traffic control plans. • Citywide signing and striping program. City Traffic Engineers • On -street parking restrictions. Association • Warrants for signals, stop signs, crossing guards and Traffic and Engineering (speed limit) surveys. 18 Years Experience Interface with citizens and public officials. • Close coordination with police as well as other City departments. • Creating reports and graphics for presentations. • School circulation plans. • Input to traffic model and Circulation Element of the General Plan. • Accident history analysis. Prior to his employment with the City of Corona, Mr. Beardsley worked 6 years for Albert Grover & Associates and Mottle, Grover & Associates. His responsibilities included signal and signing/striping design as well as developing interconnect and coordinated signal timing systems. He also handled the company's field engineering and was the inspector on all the companfs design/build signal installations. Mr. Beardsley also has prior experience as an estimator with a traffic signal construction company. •.`� 157 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultant's Schedule of Hourly Rates attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract during the initial term shall not exceed One Hundred Thousand Dollars ($100,000) which includes the Traffic Engineer hourly rate, mileage and other expenses for the initial term of the Agreement, except as specified in Section 1.6 - Additional_ Services of the Agreement. City Traffic Engineer services will be billed at a rate of $150 per hour. Consultant's hourly rates include all costs for transportation to and from work. Consultant may be reimbursed for mileage while conducting City business. Other non -wage costs directly related to the project will be billed at cost. lli 158 Exhibit C Schedule of Performance The initial term for this agreement shall be January 1, 2008 through June 30, 2008, unless extended in accordance with Section 3.4 of this agreement. -ij 159 Exhibit D Special Requirements The City will provide office space, telephone and a computer. Consultant will provide his/her own transportation. Ij 169 PROFESSIONAL SERVICES AGREEMENT: Interim Traffic Engineering Services CONSULTANT: Willdan Herbert L. Gluesing, Jr., Vice President CONTRACT CHANGE ORDER NO. 1 Sheet 1 of 1 PROJECT NO. Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not rncludea in the plans and specifications for this Contract Unless otherwise stated all work shall conform to the terms. general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE The existing Professional Services Agreement (PSA) expires on June 30, 2008 This change order will extend the PSA for an additional 6 months, making the expiration date December 31, 2008, and approve additional funding in the amount of $10Q,000.00 to cover expenses for these services through December 31, 2008 Previous 6-month Contract Amount $100,000.00 Add this Change Order No. 1 $100,000.00 Revised Contract Total $200,000.00 By reason of this contract change order the time of coinplorion is adjusted as follows 6 months added to contract time The original contract completion date shall be: 12/31/08 Submitted By: Approved We. the undersigned Consultant have given careful consideration to the change proposed and hereby agree, if this proposal (s approved, that sve wdl provide all equipment, fumrsb all matenafs, perform all labor, exceptas maybe noted above, and perform all services necessary to comp/ re the above spea6ed work. and hereby accept as full payment the amount shown above, ' J �- - lr I�IItIT Accepted By: Title:V ,/ q, Consultant: Date: 4 . 17. 09) : 161 -U;.. G._.ITc, 7&--7NCS----CSIl- .L ;:I ;I-A''1,,6I!-I-ILcGL1F A ,V I nr•F. 1 PSA* dovV!III .%+ 4,17X1 _ ._ _ _ _ � C2A9e91.h+C0; 4 XP09&rcv c£y OF 1� COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Authorization of Overnight Travel for Three Members of the City Council and the City Manager to Attend the 2008 League of California Cities Mayors and Council Members Executive Forum to be Held June 4-7, 2008 in Squaw Creek, CA RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 113 STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for three members of the City Council and the City Manager to attend the 2008 League of California Cities Mayors and Council Members Executive Forum to be held June 4-7, 2008 in Squaw Creek, California. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 470 Travel $ 500 Hotel (4 nights x 240) $ 960 Meals (5 days maximum) $ 375 Total $2,305 TOTAL (for 4) $9,220 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (# 101-1001-41 1.51-01) and the City Manager's Office Travel, Training and Meetings Account (#101-1002-413.51-01). CHARTER CITY IMPLICATIONS: None. A.J; 162 BACKGROUND AND OVERVIEW: The League of California Cities is offering a Mayors and Council Members Executive Forum in Squaw Creek, California, June 4-7, 2008 (Attachment 1). This event will focus on key city issues and current hot topics such as the leadership, technology and electronic media in government, customer service, land use and climate change. Mayor Adolph, Council Members Henderson and Kirk and the City Manager have expressed an interest in attending this meeting. Council Members and City Manager will travel June 3, 2008 to arrive at the conference site by June 4, 2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization of overnight travel for three members of the City Council and the City Manager to attend the League of California Cities Annual Conference to be held June 4-7, 2008 in Squaw Creek, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement -- League of California Cities 2008 Mayors and Council Members Executive Forum A.) 163 ATTACHMENT EXECUTIVE FORUM & ADVANCED LEADERSHIP WORKSHOPS Wednesd,' IIkiL:" Saturday fi� . .'.�m flm. LEAGUE OF CALIFORNIA CITIES 01,0 a. 16�t The full registration fee includes program materials; dinner on Wednesday for city regrsrnnu, breakfast, lunch and evening Ieceptron on Thursday: hteak-fast on Friday. Registrations completed online at wwwcacuns.org/events before Monday, May 12, 2008, will also receive a $20 discount coupon to be used at the CuyBooks bookstore. NOTE: All cancellations must be submitted in writing and are subject to a $Sill processing fee. No refunds will be given for cancellation requests received after Wednesday. May 21, 2008. Substitutions can be made on .site. TRAVEL AND TRANSPORTATION DRIVING DIRECTIONS OFROM SAN FRANCISCO AND SACRAMENTO: Travel Easton 1-80 (toward Reno) to Truckee, California South on Highway 89 (toward Squaw Valleyand Tahoe City) for 8 miles Turn rig itoil Squaw Valley Road (1/3 mule) their left oil Squaw Creek Road to the resort's porte-cochere. FROM RENO/TAHOE INTERNATIONAL AIRPORT: Travel North on HW Y 395. then nherge onto 1-811 West (Reno/Sacranteuto exit). South on Highway 89 (toward Squaw Valley and Tahoe City) for 8 miles Right on Squaw Valley Road (1 /3 mile) then left on Squaw Crrck Road to the resort's porte-cochere. 4QL AH'tl.S Y. Lt�t� ERIDE THE RAILS Amtrak train service is available from Oakland, through Sacramento, to Truckee on the Route 6 California Zephyr. Visit www.amtrak corn forschedules and fares Enjoy s spectacular view with stress free travel ©AIRLINES We in, ire you to vmt www caancs.org/travel for the ne5v Enhanced Local Government Art -fare Program. NEW FLIGHTS FROM SOUTHERN CALIFORNIA Express Jet now flies direct from Ontario and Long Beach to Reno, Nevada, with discounted a¢fures and frequent special fares. Von www expre sict.com to book directly. SHUTTLE SERVICES NORTH LAKE TAHOE EXPRESS North Lake Tahoe Express is the newest shuttle service servicing the North Lake Tahoe area from the Reno Tahoe Airport, available from 3:30 a m. until midnight. Phone:(866) 216-5222,for more information go to www.NorthLakeTahoeExpress.coin TRUCKEE TAHOE TRANSPORTATION Truckee and North Luke Tahoe's private car, taxi and transportation service, specializing ua Reno airport transfers. Phone. (530) 582-5828, for more information go to www.truckeetahoetrarhsportanou.sumo RESORT AT SQUAW CREEK SHUTTLE This shuttle offers FREF, transportation between The Village at Squaw Valley and the Resort at Squaw Creek Operating daily between 7 a.ui, and midnight. HOTEL INFORMATION AND RESERVATIONS STEP 1: REGISTER FOR THE CONFERENCE All attendees must register for the confciencc directly with the League of California Cities. online at wwwxacntes.oi g/events prior to reserving the hotel room Out your event rcgis'Liauon is complete, then follow Stop 2 below to make your hotel reservathntu: If you need to send a check or uhoney order, please prior a registration form from our webste at ww w canties.org/events STEP 2: SECURE YOUR HOTEL Only telephone registration accepted for registered attendees and requires a registration aide. RESORT AT SQUAW CREEK (Headquarter Hotel) Deluxe Guestroonh $189 00 Fireplace Suite $209.00 Deluxe Fireplace Suite $249 00 For hotel i eservations at this property, please book your required rooming needs by phoning (800)403-4434after iegisacring forthe conference Be sure to reference the League of California Cries code provided after iegotermg in order Lo ensure that you receive the reduced cue THE VILLAGE AT SQUAW VALLEY (Overflow —Shuttle provided, no room service) One Bedroom Suite $159.00 Two Bedroom Suite $209.01) For hotel reservations it this property, please book your required rooming needs by phoning (988) 767-1007 after registering forthe conference Be sure to reference the League ofCalitornia Ones code provided after registering in order to ensure that you receive the reduced rate. STEP 3: HOTEL CHANGES OR HOTEL CANCELLATIONS Hotel reservation changes, date nmdrtieations. early check-outs, or cancellations must be communicated neared directly %ith the hotels by each mdrvidual no later than Wednesday. Mary 14, 2oo8, or you may incur a tlnauual penalty of one night room charge. •,i,. 165 REGISTRATION AND CPPYBOOKS 10:00 a.m. - 6:00 p.m. OPENING GENERAL SESSION 1:30 - 3:00 p.m. THE LEADERSHIP FORMULA — IT'S A PROCESS NOT AN EVENT Discuss the critical element, of file Leadership Formula People not Pl'Orednres, Action not Talk, Want To not Made To, Desired not Required, Showing not Shouting, Flexible not Fired. Listening not Telling, Caring not Fitton, Line ])else even deeper by addressing courage, confidence, compassion, enmmumcation .. to couamumeut, change, cooperation, challenge. .cod control. Robert Stevenson is internationally and has shared the poduuu with renowned speakers iodudng firmer President George Bush, Anthony Robbins, Tom Peters, and Steven Covey. Don't naps this content filled, yet fun, opening event CONCURRENT SESSIONS 3:30.5:00 p.m. CITY MANAGER EVALUATIONS — HINTS, EXAMPLES AND LEGALITIES The well orchestrated and careful city manager evaluation process can promote counui n ny goals, cream harmony and improve the eniployet- euhployee relationship. DISen9S prclinrrml y considerations, types of evaluation pi ocesses and the possible risks associated with the evaluation process PRESIDER: Kay Hosmer, Council Member, City of Colusa SPEAKERS: Robin Lowe, Council Meniber, City of Hemet John Davidson; City Manager, City of Hemet Shelline Bennett, Partner, Ltebert, Cassidy, Whitmore, Fresno TECHNOLOGY AND ELECTRONIC; MEDIA IN GOVERNMENT— THE GOOD, BAD AND THE UGLY Explore the legal imphemons and perils of utihzmg city blogs, blackberry devices and GIS Technology as they are considered public records and hold legal storage requirements. As rapid technological advances bring exciting new tools to government. they can also bring unintended consequent es. We all fie a rapid and steep learning curve, in arenas such ,is website and online payment for city services. PRESIDER Tony Ferrara, Mayor, (-,try of Arroyo Grande SPEAKERS: Wally Bobkiewicz, City Manager (]try of Santa Paula Shalice Reynoso, City Clerk, City of Buena Park Michael Jenkins, (".try Attorney, Cities of Diamond Bar, Hen moss Beach, Rolling Hills, West I Iollywood, and Manhattan Beach C.OMMUNity ENl'REPRENFURSIIIP: A GRASsaoors APPROACH ro ADD VI I'AI ITY Commuotnes of all sizes are seeking economic devclopmeut strategies that Add vitality. Identity a successful approach that is gaining nrcreased attention in creating "entrepreneurial connuuiuties" that nurture new business start-ups and foster existing business growth and expansion. Gam knowledge of the best practices of communities nationwide. Describe the nummal approaches a community should consider and identity the activities of more advanced and high-perfonumg communities Gan idea, to immediately implement within your own vuall town or city. PRESIDER: John Noguez, Council Member. City of luntington Park SPEAKER: Dave Ivan, Community & Economic Development Specialist, Michigan State University, East L.msing * Session times, speaker, and topics 1 are subject to rhangc. S. 166 GET THE CUSTOMER To SUCCESS Get inspired to reevaluate bureaucratic procedures and challenge front line staff to creatively provide memorable service to all our tommumty custonen. Dncros 111171 m citizen -supported cmnnmmty services, bringing the citizen's perspective to govetnment performance nreasurenwrit and reporting a paradigm shift, which has ,aptured the interest of cities across the, nation This dynamic duo will challenge partiup.nts to get the ball rolling m then town! PRESIDER: Greg Johnson, Community Servues Director, (,try of Westminster SPEAKERS: Barbara J. Cohn Berman, Vice President, Farad for the City of New York Ray Kerridge, City Manager, City of Sacramento ACIHEVE SUBSTANTIAL WATER SAVINGS IN YOUR CITY Examine mumiupal water supply management and ways to mcreate conservation The (,try of Petaluma demonstrates hmv water coroervzuou rim city parks and landscaping has a huge mipact on nmuicipal seater usage Planned with the Leatur Partners PRESIDER Don Saylor, Council Member, City of Davis SPEAKERS: Pam Torliatt, May)r, City of petalmna David Iribarne, Water Conservation Coordinator, City of Petaluma Tom Ash, Hortuuhurahst, Director of Conservation, Hydropouu, Penduma NEW! GALA DINNER AND RECEPTION 6:00 - 8:30 p.m. Take in the breath taking scenery of the high sierra mountains while cmloyuig an outdoor patio recepnoinvnh yourPeers. followed by a full dmncr,nd entertainnicnt! Setting is tinned to first 500 city regort ants Ticket required. Register early REGISTRATION 7:30 a.m. - 4:00 p.m. CI'I'YBOOKS 8:30 a.m. - 4:00 p.m. NETWORKING BREAKFAST 7:30 - 8:30 a.m. GENERAL SESSION 8:30 - 9:30 a.m. LEAGUE STRATEGIC PRIORITIES What's new and what', neat for the Lcague of California Cities SPEAKERS: Chris McKenzie, Executive Daectot. League of California Cities. Sacramento Jim Madaffer, President. League of California Cities, Council Member. City of San Diego CONCURRENT SESSIONS 10:00 -11:30 a.m. STRATEGIES FOR COUNCIL— MANAGER CONFLif,r RESOLUTION At times, elected officials and the city manager may beat odds or have deep mni n inmcauon gaps Often repeated themes create toutine arras ofconflnet and can jettison the working relationship of staff and elected toward opposite directions. Thoroughl} examine strategies for resolving threats early -on to create civility, and maintain decorum and haunony. Address the psychological side of conflict and anger management that exists in the council- manager form of government. PRESIDER Jim Gray, Mayor, City of Roseville SPEAKERS: William Mathis, Pli.D., Organmzauonal Prydhnlognst, Ptevdent Mathis and Associates, Napa GANG AND VIOLENCE PREVENTION Explore the basic components of Promising gang and violence prevention initiatives with reference to si ccesstid programs in Boston, Winston S.dein AndChuago Gam special, in-depth reference to the path -breaking, 13-California (:try Gang Prevention Network. Probe the difti�ulnes, potency and Dec essity of interweaving prevention, inteiventiuu, and enforcement into the moral voice of the community. PRESIDER Ted Long. Council Member, <;ny of South Lake Talioc SPEAKERS:John A. Calhoun, Co -Founder of the 13-Califorma (,try Gang Prevention Net,cork with the National League of Cities. President and CEO (Retired), NCPC, Falls Chinch, Virginia Jane Bender, former Mayor of Santa Rosa, Chair, Mayori Gang Prevention Task Force, National League ofCures TELLING YOUR CITY'S STORY: HOW TO MESSAGE (PARr I) It is critical for elected officials and staff to better inform and engage citizens by focusing on what's important about a project or issue The use of a key message to conimrmicanng a few of the most important points that every citizen or business owner should know about a city service, topic, incident or initiative, is vital to increase understanding of what's really important and what the city wants to accomph,lr. PRESIDER. JoAnne Mounce, Council Member, Cny ofLodi SPEAKERS. Sheri Benninghnven, SAE Communications, Santa Barbara THE DOMINO EFFECT WATER HAS ON ALL CALIFORNIANS Water has always been Calitornia's munber one need and no portion of the Gulden States booming population a more drre�tly and immediately after fed by water shortages than agncultuial community both in terms ofdob And local ecouonues. A panel of water experts. busmen leaders, and from the public sector wdl dsrnss Cahfurm,i swater crux, the Staters aging water supply infrastructure and what', needed to solve current problem, and fume needs faired Eva growing California. Address issues uniquely impacting Latino communities in terms of agriculture, faun workers and port exports, unlodoirjob impart, the economy and the truckle down effects. Planned Ntth the Lams" Caucis. SPEAKERS: To Be Detcinmmcd FOOD WASTE. To ENERGY: THE. CITY OF SANTA MONICA'S UNIQUE. APPROACH To LANDFILL DIVERSION Disniss a unique approach to landfill diversion Summarize this newapproach to solving food waste issues Gam infonuauon on how to create language for multiple department participation ,md how to engage volunteers In the program Describe the development ofan environmental intern program. Leave will new ideas to implement n your city P1,nwdu,uhihr League Burin. SPEAKERS: Karl Bruskotteq Environmental Program Division, City of Santa Monica Cara Peck. U.S E.P.A Region 9, San Francisco Jack Lam, City Manager, Andrew Jolin, Prmcleut GESS City ofRanclmo Cucannnnga Environmental, M<Kndeyvdle GENERAL LUNCHEON Noon -1:30 p.m. Join colleagues for good food, networking and recognition of the League's four caucus organizations j 6 7 0.. j CONCURRENT SESSIONS 2:00 - 3:15 p.m. CALIFORNIA WILDFIRES AND LESSONS LEARNED All ofCuhfonna municipalities are potential targets of fire with devastating outcomes. Phis panel of community leaden from hard hit areas and experts will reve,it their lessons learned and what can be done to prepare for such disasters. PRESIDER: Tony Ferrara, Mayor, City of Arroyo Grande SPEAKERS: Ted Long, Council Member, City of South Lake Tahoe Jim Madaffec. Prendent, League of California Cities, Council Member, City of$an Diego Kate Dargan, Fare Chic]. State ofCalrfoi ma PREPARING FOR A SUCCESSFUL REVENUE IJALLo'r MEASURE Building the foundation for a revenue ballot measure begins long before the campaign It's All about your relationship with the community For success, your fiscal story must be compelling and told by trusted, believable story tellers. Engage the real numbers via trameparencv In governance, mall areas of your city's operations, build the trust and get your measure passed. SPEAKERS: Bill Statler. Penance Director, City of San Luis Obispo John Fairbank, Fairbank, Masten, Maullin S Associates, Santa Monaca DELIVERING MESSAGES IN THE. MEDIA INTERVIEW (PAR'1II) Are you ready to convey your etty's story uh a lave media Interview? .Are you aware that many reporters have little to ❑o idea how their local government operates? Elected officials umst learn to guide reporters to know what every citizen should know and how to deliver key nnessaguig during the actual interview Whether the interview is by phone, III person or on -camera, learn to stay on message and look forward to interacting with the news media. PRESIDER: JoAnne Mounce, Council Member, Cry of Loch SPEAKERS Sheri Benninghoven. SAE Communications, Smua Barbara THE DEL FA — IMPACTS FOR STATEWIDE WATER SUPPLY Whether you live m Northern, Central or Southern C lifomre the Delta 2010 Vision has the potential to impact your community anti its water supply Define the Delta Vision and the role it will play in shaping California s water future. PRESIDER. Judy Mitchell, Council Member, City of Rancho Palos Verdes, League 2-d VP and for Chair Envto ]mental Quality S PEAKE RS. Phil Isenberg, Chair of Delta Vision and former State .Assembly Member .end Sacramento Mayor, Sacramento Jeff Kightlinger. General Manage,, Southern Cahfori a Metro Water Disciict, Los Angeles TEAMWORK TAKES WORK What does it really take to create a well- performi ng team? Although often difficult to achieve, the benefits of teamwork are endless. Apply aspects of group goads, communication, leadership, i nluenre and pourer, decision making, controversy and conflict, cohesion, problern soh -mg, group effectiveness to your staff and council m ucrure. PRESIDER: Rose Espinoza, Mayor Pto Tom, City of Le Habr.t SPEAKER: Don Hannah, City Manager, City of La Habra CONCURRENT SESSIONS 3:45 - 5:00 p.m. LAND USE AND CLIMATE CHANCE Discuss decisions having an effect on greenhouse gas emissions. Address how state regulators are eyeing land use as a way to contribute to the achievement Of the states greenhouse gas cimaious reductions In many cases, this is not a ore -size - fit, -all issue. Learn innovative things that Imes are doing to address,limare change and how to anticipate impacts oil communities Explore lmues under the Cahfornra Environmental Qu:dny Act Understand hosv tines arc engaging the, public .end the development community rum then efforts. Planned with tire hou ufefoi Loral Cornnmrnl. SPEAKER: Rick Cole, City Manager, City of Ventura READING PEOPLE. FROM THE OUTSIDE IN (BODY LANGUAGE) AND THE INSIDE OUT (FACE READING) City officials mustnetwork and build lasting connections Learn how to use your body Language to build rappoi t within ninety seconds and use gauging zones to make better ronnections witlhpeople Identrtygesturesand expressions that indicate trust and acceptance. Try your skills at derermnimg sonseonc s openness based on facial dominance and learning how to spot tire indicators of resistance and how to avoid them PRESIDER Dave Roberts, Council Member. City oCSoLma Beach SPEAKER: Harry Perdew, Ph D.. The Pcidew Group. Chino Hills FUNDING UFUJIY INI'RAS IIlUC'I' URF RENEWAL. AND REPLAUEMEN'r As our stte's infrastructure matures, renewing and replacing utilityassets has become the quintessential conversation topic among pohcvinakers and managers Approach the subject from financial planning and policy perspectives to spark action today that could result in lower long-term utility rates. PRESIDER: Titre Seufert. Director, NBS. San rrancrst o SPEAKERS: Richard Prima, Public Works Director. City of Loch Jeanette Hahn, Director, N;J� 1 (s p San Francisco O O 3:45 - 5:00 p.m. (continued) RETAIL TENANT MIX — MARKET OR MUNICIPALITY, WHO DECIDES? "Morn and Pop" based retailers are Increasingly challenged by competition front formula -based companies and big boa development. To preserve community character, municipalities are using legislative tools to manage retail renaiit Inix. Explore the pros and cons ofniumcipal-driven prohibitions ou community economic development PRESIDER: Mark Brown, Council Men bc,. City of Truckee SPEAKERS: Chuck Shaw, Partner, Eric Development Company, Sacramento Harmony Groves, Mayor, Coy of Arcata REGISTRATION AND CITYBOOKS 8:30 a.m. -1:30 p.m. DEPARTMENT BUSINESS MEETING AND BREAKFAST 8:00 - 9:00 a.m. GENERAL SESSION 9:00.10:15 a.m. You've completed two days that have been rich in contentabout the challenges you face m your tines and possible solutions. Before returning to your (,try, Attend this closing general session rhar will prove to be filled with inspiration and motivation allowing you to translate what yarn ve learned into practical use. PARTNERS SUMMIT ON INNOVATION RECEPTION 5:15 - 7:15 p.m. Join the ILG Cahtomia Climate Action Network (California CAN!) .raid League Partners fit rile Village ar Squaw Valley to ncacork and see the ].vest developments rr) statc amd local policies, strategics and programs to protect the cavironmenr, reduce go"Idiouse gas enussions through more efficient and sustainable land use and budding practices, increased energy efficiency Arid use of altcrnAme/ renewable energy sources, improved water supply and wastewater treatment system cfficrencies, expended public transit opportunities and innovations, plus touch orate. CONCURRENT.SESSIONS 10:30 -11.45 a.m. HOW To ESTABLISH A DEVELOPMENT FEE IMPACT PROGRAM Enjoy A guided, step-by-step approach front experienced officials and staff Begin with the hasmn. front need idennfrcation to Involving the public/devclopurent communitystakeholders in the process. Develop And design the program to spread the cost ofiniprovemeno. Establish the importance of An accounting system for the program, both for public inquires and annual updates Successfully manage And nranrtaIn the project to recover the cost of administrating the progi ani. Leave with tools to implement nit your community PRESIDER. Kent Nakata. Council Mcniber, City ofLincoln SPEAKER: Rodney Campbell, Director of Conumm11ny Planning and Development, City of Lincoln LEA AGUE PARTNER League Partner spouam's reps esented during reception for discussion are Best Best & Krieger LLP Institute for Local Government CSPA-California Sod Producers Association The League Partners would especially like to tbank the following Partnois lot their support McDonough Holland and Allen PC Kinney-Horn.md Associates Kronmk Moskovitz Ttedeniann & Girard IMPLEMENTING SUSTAINABLE ARCHITECTURE Explore the construction and operation of sustainable designs in public, conniierced and mixed use buildings. Learn about services and incentives designed to help decision makers raise energy performance to a top priority for planning anddesign Phannel north the League Partners SPEAKER: Tony Gale, FAIA, Architect, Starbucks, Seattle WILY ASK THE PUBLIC? MEASURING IHL SUCCESS OP CIVIC ENGAGEMENT Has your city asked the question "what does civic engagement success look like'? Determine how acres call establish measures to help discover ifthey are meeting their public involvement goal, Joun local officials and civic engagement practitioners to share ideas and experiences PlanneA ua¢k[Le Insumef+r Loral GoverTnent. PRESIDER: Rod Gould, City Manager, City of Poway SPEAKER: Lisa Urban, Marketing Specialist, Civic Engagement Div.. City of Ventura ADJOURN i 11:45 a.m. ADVANCED LEADERSHIP WORKSHOPS Friday 1:30 - 5:00 p.m. AND continues to Saturday 8:00 -11:30 a.m. Separate Registration Fee Hello tied - $2" (select one) WORKSHOP 1 Economic Development for Cities (Friday) and Redevelopment: Building Better Communities (Saturday) During the first day, learn the fundamentals of redevelopment. What your agency can and cannot do and how redevelopment is financed The second day focuses on economic development for canes. How can redevelopment be put to work to build better communitieS? This workshop will be especially relevant and useful foi council uiciubeas who are relatively new to redevelopment and would like all undetstandmg of thou roles as redevelopment Agency board members. You will also learn what your agency cAn and cannot do, hmv property tax increment works; hose redevelopment protects are financed: and the overall economic impact of local investment decisions. Many of the major gams in cuiplo}maent opportunities, standards of Irving, and community vitality that Californians have enjoyed in die past century can largely be attributed to enntonuc devclopuaent. Tax base expansion, doh development, and business retention are lust a few of the five able outcomes that have ensued from local ecom ..in development advocacy and education. Learn what you can do in your et" to improve the quality oflife through economic development REDEVELOPMENT WORKSHOP LEADER: Tom Hart, Deputy Director, California Redevelopment Association, Sacramento Mark Curran. Managing Director, Piper ]affray. San Francisco ECONOMIC DEVELOPMENT WORKSHOP LEADER Wayne Schell, President, CEO, California Association for Local Economic Development, Sacramento WORKSHOP 2 A Toolbox of Meeting Management and Group Process Skills for Local Elected Officials Gain An Array of knowledge. skills and strategies to effectively chair and participate in council meetings, convene and fAuhtste public meetings, negotiate with others, and resolve group problems more collaboratively. Increasingly, these are skills required of local officials who are called on to wear many hats, address many issues, work with multiple groups and sectors, and represent their community ma variety of fora tits. This tramuig is a unique opportunity to acquire, from experienced practitioners and trainers, a set of skills And s'trategms that will be useful across A spectrum ofpublic, civic And internal City settings SPEAKERS: Greg Bourne, Man.agnig Senior Mediator, Centel for Collaborative Policy, CSU, Sacramento Lisa Blomgren Bingham, Professor and KellerRunden (',halt n Public Servu c, School of Public and Environmental Affairs, Indiana University, Bloomington Judge David Rosenberg, Superior Court, Yolo County, Former Mayor and Council Member, (,it, of Davis Joel D. Kuperberg, Partner, Runn & Tucker, Attorneys at Law, City Attorney, City of La Palma, former City Attorney, Cny of Irvine Malka Kopell, Associate, Policy Consensus Initratwe, Foundel and past Executive Director, Community Focus, Stanford Terry Amsler, Director, Collaborative Gavernauce initiative, Institute for Local Government. Sacramento WORKSHOP 3 City Finances - What You Need to Know As trustees ofthe city, elected officials and city managers have special and serious obligations to safeguard the fiscal assets of the public. The panel of experts will start with in overarching financial picnue of the role the California State budget plays on cities and communities Gam insight into the latest legislation and court decisions that will affect the city's bottom ]me. Identify what's hot in Arty finance issues and gam the essential skills to keep your city budget strong in tough economic times. Determine best practices in financial reporting and identify important questions to Ask when tdrrymg forward the city budget, Dialogue About new Auditing requirements facing cities. Get your questions answered from peers and panelists. SPEAKER: Michael Coleman, Fiscal Policy Ad, sot, League of California Cities, C.ilifonuaCrt}Finance.eon. D.w�s PANELISTS: To Be Determined �FORNIA OEAIGUIA CALCITIES 1400 K STREET - SACRAMEN 10. CA 95814 WWW CACIIIFS ORG 2008 MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM AND ADVANCED LEADERSHIP WORKSHOPS WEDNESDAY, JUNE 4 - SATURDAY,JUNE7 RESORT AT SQUAW CREEK REGISTRATION AND HOUSING DEADLINE: MONDAY, MAY 12 MARK YOUR CALENDARS FOR THE... League of California Cities � 1008Annual Conference A e Seprember24-27 Sailing into the Future Long Beach PRICING INFORMATION FULL CONFERENCE Sorry, one day registration is not available. Mayors and Council Members Executive Forum ( Wednesday - Friday) CITY OFFICIALS/ $470.00 PUBLIC AGENCIES ALL OTHERS, $570.00 CONSULTANTS & PARTNERS PRESORT FIRST CLASS US POSTAGE PAID PERMIT NO. 1022 SACRAMENTO, CA ExlejcUIPGe FOrUUM 111111111121lr� GUEST/SPOUSE Full Conference $165.00 NOTE: It is inadvisable to use city funds to pay for spouse registration. See 75 Ops Cal. Atty. Gen. 20 (1992). Consult with your city attorney for more information. SPECIAL ACCOMMODATIONS Advance Leadership Workshop If you require special accommodations (Friday -Saturday) related to facility access, communication CITY OFFICIALS/ $295.00 and/or diet, please contact Conference PUBLIC AGENCIES Registration at 916-658-8291. W W W.CACITI ES.ORG/EVE NTS 171 x„ v,, " m v^'�Ili1�,� lgml4gl ��-rx� r I v ooINNPu %Itlp�uu�ulnpll I�u�nmmp �il�'�I�n �l� ,I,' '—"°"�� R r I""h�r5l R ONri �® Y�hp IaIT 51.�uk;. 2008 Executive Forum & Advanced Leadership Workshops Executive Forum: Wednesday, June 4 - Friday, June 6, 2008 • Resort at Squaw Creek Advanced Leadership Workshops: Friday, June 6 and continues Saturday, June 7, 2008 • Resort at Squaw Creek Registrations Must Be Received By Monday, May 12, 2008 After this date, please register onsite. Register online by going to www.eacities.org/events (and receive a CityBooks coupon); OR fill out this form. Please enter your name and title as they should appear on your name badge and registration. Please indicate guest/spouse's name if attending (if guest/spouse is not a public or city official). Please complete one form per registrant: Name Title Address City Zip Code Telephone Fax E-mail for registrant Spouse /Guest Name (additional fees apply) Registration badges must be worn at all times during the conference. It is your meal and events ticket. Single meal tickets will not be available for sale. ➢ Events include Dinner on Wednesday; Breakfast, lunch and evening reception on Thursday; Breakfast on Friday. ®If you require special accommodations related to facility access, communication and/or diet, please contact our Conference Registrar at (916) 658-8291. If you have questions, please contact Conference Registration at (916) 658-8291. If paying by check or money order, please mail to: League of California Cities 1400 K Street, Sacramento, California 95814 * Registration is not complete until full payment is received. * CityBooks coupon not available with mailed registration. NOTE: One day registration is not available Executive Forum (Wed thru Fri City Officials/Public Agencies _ @ $ 470.00 All Others _ @ $ 570.00 Guest/Spouse (for all food events)* @ $ 165.00 TOTAL $ Advanced Leadership Workshops (Fri thru Sat) Choose one: • Economic & Redevelopment for Cities _ @ $ 295.00 • Management & Group Process Skills @ $ 295.00 • City Finances @ $ 295.00 TOTAL $ GRAND TOTAL $ *Note that it is inadvisable to use city funds to pay for spouse registration. See 75 Cal. Op. Arty. Gen. 20 (1992). Consult with your city attorney for more information. NOTE: All cancellations must be submitted in writing and are subject to a $50 processing fee. No refunds will be given for cancellation requests received after Wednesday, May 21, 2008. Substitutions can be made onsite. s-1 172 I I i AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 6, 2008 BUSINESS SESSION: ITEM TITLE: Consideration of 4`h Quarter CONSENT CALENDAR: _ Community Services Grants and Funding Requests STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Ad -Hoc Committee received $44,700 in requests for consideration. The Ad - Hoc Committee is recommending funding $27,400 of the $34,057 in available funds leaving $6,657 in the Special Project Contingency account (101-3001- 451 .80-01) for future consideration. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 18, 2008, the City Council approved the formation of an Ad -Hoc Committee and appointed Don Adolph and Tom Kirk as the two members to review the 4`h quarter grant requests. The Ad -Hoc Committee met with staff on April 22, 2008. The Ad -Hoc Committee reviewed eleven 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. A summary of all Community Services Grant Funding requests and amounts awarded in the 2007-2008 fiscal year is provided as Attachment 2. The following table summarizes the requests and Grant Review Committee's recommendation for the 4`h quarter: FCommittee's Applicant Applied Recommendation The Arthritis Foundation $5,000 $5,000 CV Rattlers Fastpitch Softball, Inc. $3,300 $1,000 McCallum Theatre $5,000 $5,000 La Quinta High School Cheer $5,000 $2,000 Olive Crest $5,000 $5,000 Palm Springs Women In Film and Television $3,000 $3,000 Quilting For Good Times $2,000 $2,000 The Ranch Recovery Centers, Inc. $5,000 $2,000 So -Cal Xtreme, Inc. $5,000 $1,000 Truman Elementary School $1,400 $1,400 Operation Safehouse, Inc. $5,000 $0 Total $44,700 $27,400 Recommended Grant Requests of $5,000 or Less: All eleven of the submitted grant requests were for $5,000 or less and are being presented with this report. The Ad -Hoc Committee has chosen to recommend ten requests for City Council consideration: 1. The Arthritis Foundation (Attachment 3). The Arthritis Foundation is requesting $5,000 to fund the "Arthritis Foundation Life Improvement Exercise and Educational Programs" which consists of a Warm Water Exercise Program, a Land Based Exercise Program, Tai Chi classes, and Self - Help Courses. They serve over 7,000 seniors in the Coachella Valley, 750 of those in La Quinta. They provide outreach services and classes in La Quinta at the Senior Center and have ongoing aqua classes at the Season's and Mira Flores senior living complexes. This organization has never been funded. The Ad -Hoc Committee recommended funding $5,000 with the condition that funding reduces the Arthritis Foundation classes at the Senior Center by offering free Tai Chi classes this summer and reduce Tai Chi class fees by $10 per student beginning in Fall 2008. Funding would come from the Special Project Contingency Account. 2. CV Rattlers Fastpitch Softball, Inc. (Attachment 4). The CV Rattlers Fastpitch Softball, Inc. is requesting $3,300 to pay for new training equipment and team uniforms. This team consists of 12 girls, with 9 of them being La Quinta residents. The CV Rattlers have qualified for the Triple Crown Sports World Series in Park City, Utah for the last 2 years and have 171, again qualified for 2008. This organization has never been funded. The Ad - Hoc Committee recommended funding $1,000. Funding would come from the Special Project Contingency Account. 3. McCallum Theatre (Attachment 5). The McCallum Theatre is requesting $5,000 to fund the Field Trip Series performances for 21,000 Coachella Valley schoolchildren including students from Truman Elementary, Franklin Elementary, Adams Elementary, La Quinta Middle, and La Quinta High. Many students benefit from this visit to the McCallum as it may be their only encounter with live performing arts. The total number of La Quinta students served through the 2006-2007 Field Trip Series was 2,677. This organization was last funded in August 2006. The Ad -Hoc Committee recommended funding $5,000. Funding would come from the Special Project Contingency Account. 4. La Quinta High School Cheer (Attachment 6). The La Quinta High School Cheer is requesting $5,000 to help fund costs for uniforms, cheer camp, transportation, coaching staff, and other miscellaneous cheer equipment. All of these costs are the sole responsibility of each participant, as the program is not financially supported by the school district. This organization was funded in August 2005. The Ad -Hoc Committee recommended funding $2,000. Funding would come from the Special Project Contingency Account. 5. Olive Crest (Attachment 7). Olive Crest is requesting $5,000 to be used toward building four residential homes at the Coachella Valley Children's Center. These homes will be able to serve up to 24 youth at any given time. Olive Crest Homes and Services provide care for abused, abandoned, and severely neglected children. These new homes at the Children's Center will provide the residential space needed to give local children, including La Quinta children, the opportunity to obtain shelter and services close to home. This organization has never been funded. The Ad -Hoc Committee recommended funding $5,000 contingent upon proof of the building permit approval. Funding would come from the Special Project Contingency Account. 6. Palm Springs Women in Film and Television (Attachment 8)• The Palm Springs Women in Film and Television is requesting $3,000 to fund the psfilmoffice.com website on which the City of La Quinta has a banner ad and contact information. This website acts as a virtual film office for the Coachella Valley, listing over 400 local production related personnel and businesses; plans for this site include marketing heavily to production companies outside the Coachella Valley, making the area more attractive and user friendly. This organization was funded in the 2006-2007 Fiscal Year with marketing funds and was denied special project contingency funding in 2007 for this reason. The Ad -Hoc Committee recommended funding $3,000 upon the condition that City Council receives updates of upcoming PSWIFT •. i 175 events and programming, which staff has arranged as of this report. Funding would come from the Special Project Contingency Account. 7. Quilting For Good Times (Attachment 9)• Quilting For Good Times is requesting $2,000 to fund material costs (rolls of batting and 100% cotton cloth to use as backing) and sewing machine maintenance costs needed to complete 135 quilts. Volunteers in this group make quilts for children with cancer and then personally present a quilt to each child at Camp Ronald McDonald for Good Times. This group meets at the Senior Center every Thursday, year-round. This organization was funded in February 2006. The Ad -Hoc Committee recommended funding $2,000. Funding would come from the Special Project Contingency Account. 8. The Ranch Recovery Centers, Inc. (Attachment 10). The Ranch Recovery Centers, Inc. is requesting $5,000 to repair and replace the shade structure over the children's playground and pool area. The total cost for this project has been estimated at $9,617.78. This organization provides residential alcohol and drug treatment to men, women, and families in the Coachella Valley who are unable to access treatment due to low income. This shade structure restoration would protect residents and their visiting children from the intense summer sun. This organization was funded in August 2006. The Ad -Hoc Committee recommended funding $2,000. Funding would come from the Special Project Contingency Account. 9. So -Cal Xtreme, Inc. (Attachment 11)• The So -Cal Xtreme, Inc. is requesting $5,000 to be used towards such costs as player's equipment, field rental, tournament entry fees, umpire fees, and refreshments for the players. So - Cal Xtreme is a traveling U-12 girls' fastpitch softball team. There are 10 girls on the team, 8 of them being La Quinta residents. This organization has never been funded. The Ad -Hoc Committee recommended funding $1,000. Funding would come from the Special Project Contingency Account. 10. Truman Elementary School (Attachment 12). Truman Elementary School is requesting $1,400 to fund a "Wisdom Tree" performance. The school will have Reading Celebration Day on Friday, May 30, and this performance would be part of the day's events. "Wisdom Tree" productions provide Native American history and culture within a highly entertaining, educational and inspirational program using a creative blend of storytelling, live music, ventriloquism, special effects and makeup; 3 educational presentations would be provided during the day for the schoolchildren. This organization was funded in August 2006. The Ad -Hoc Committee recommended funding $1,400. Funding would come from the Special Project Contingency Account. 176 Grant Requests not recommended for funding and/or did not meet the criteria in the Grant Guidelines: 11. Operation SafeHouse, Inc. (Attachment 13). Operation SafeHouse, Inc. is requesting $5,000 to fund the SafeHouse of the Desert, a new 20-bed emergency shelter where youth 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. Their programs help keep families intact and improve relationships through individual and family counseling. This organization was funded in August 2007. The Ad -Hoc Committee did not recommend funding because this organization was funded in 2007 and as stated in the City of La Quints Grant guidelines, organizations that have been funded are ineligible for funding for the next consecutive year. The current Grant Guidelines state "Organizations that have been funded are ineligible for funding for the next consecutive year. Staff recommends these guidelines be changed to read "Organizations that have been funded are ineligible for funding for the next fiscal year." FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the guideline changes and funding for one or more of the following organizations: The Arthritis Foundation in the amount of $5,000; CV Rattlers Fastpitch Softball, Inc. in the amount of $1,000; McCallum Theatre in the amount of $5,000; La Quinta High School Cheer in the amount of $2,000; Olive Crest in the amount of $5,000; Palm Springs Women in Film and Television in the amount of $3,000; Quilting For Good Times in the amount of $2,000; The Ranch Recovery Centers, Inc. in the amount of $2,000; So -Cal Xtreme, Inc. in the amount of $1,000; Truman Elementary School in the amount of $1,400; 2. Do not approve the guideline changes and funding for one or more of the following organizations: The Arthritis Foundation in the amount of $5,000; CV Rattlers Fastpitch Softball, Inc. in the amount of $1,000; McCallum Theatre in the amount of $5,000; La Quinta High School Cheer in the amount of $2,000; Olive Crest in the amount of $5,000; Palm Springs Women in Film and Television in the amount of $3,000; +__. 177 Quilting For Good Times in the amount of $2,000; The Ranch Recovery Centers, Inc. in the amount of $2,000; So -Cal Xtreme, Inc. in the amount of $1,000; Truman Elementary School in the amount of $1,400; 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . City of La Quinta Grant Guidelines 2. 2007-2008 Community Services Grant Awards 3. The Arthritis Foundation 4. CV Rattlers Fastpitch Softball, Inc. 5. McCallum Theatre 6. La Quinta High School Cheer 7. Olive Crest 8. Palm Springs Women in Film and Television 9. Quilting for Good Times 10. The Ranch Recovery Centers, Inc. 11. So -Cal Xtreme, Inc. 12. Truman Elementary School 13. Operation SafeHouse, Inc. •_ . 179 ATTACHMENT 1 . ffS CITY OF LA Q.UINTA 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. 179 2007-2008 COMMUNITY SERVICES GRANT AWARDSATTACHMENT 2 Available Funding for Grants $166,007 DATE ORGANIZATION AMOUNT REQUESTED AMOUNT FUNDED 8/7/2007 KMIR 6 $5,000 $3,200 8/7/2007 Foundation for the Retarded $5,000 $5,000 8/7/2007 La Quinta High School Baseball Booster Club $2,500 $2,000 8/7/2007 Integrated Learning Institute $5,000 $2,000 8/7/2007 La Quinta High School Girls Tennis Team $3,960 $2,000 8/7/2007 Operation Safehouse $5,000 $5,000 8/7/2007 Soroptimist International $4,050 $4,050 8/7/2007 Osher Lifelong Learning Institute $11,700 $11,700 8/7/2007 La Quinta Arts Foundation $20,800 $20,800 8/7/2007 La Quinta Arts Foundation $25,000 $25,000 8/7/2007 Jim Murray Memorial Foundation $30,000 $10,000 8/7/2007 La Quinta Playhouse $50,000 $20,000 8/7/2007 Palm Springs Women in Film & Television $3,000 $0 8/7/2007 Sing -Along Productions $5,000 $0 8/7/2007 Holocaust Education Center $5,000 $0 8/7/2007 Truman Elementary (McCallum Aesthetic Program) $5,000 $0 8/7/2007 Polo America $3,800 $0 8/7/2007 Community Blood Bank $5,000 $0 8/7/2007 Coachella Valley Book Festival $5,000 $0 8/7/2007 Desert Cities Junior Miss $1,000 $0 8/7/2007 Coachella Valley Community Trails Alliance $5,000 SO 8/7/2007 East Valley Memorial Foundation $25,000 $0 8/7/2007 FIND Food Bank $250,000 $0 8/7/2007 Man About Town $50,000 $0 8/7/2007 25th Anniversary Sub -Committee Fireworks $25,000 $0 8/7/2007 United States Conference on Aids $0 $0 11/6/2007 La Quinta High School Softball Booster Club $5,000 $2,000 11/6/2007 Coachella Valley Community Trails Alliance $5,000 $5,000 11/6/2007 Leadership Coachella Valley $5,000 $1,700 11/6/2007 La Quinta High School Band Boosters $2,000 $2,000 11/6/2007 Family YMCA of the Desert $5,000 $5,000 11/6/2007 Presti a at PGA West Collegiate Gof Tourney $5,000 $0 11/6/2007 Sing -Along Productions $5,000 $0 11/6/2007 United States Conference on Aids $5,000 $0 2/5/2008 ALS Association, Greater Los Angeles Chapter $5,000 $500 2/5/2008 Coachella Valley Amateur Sports 1 $2,000 $1,000 2/5/2008 LQHS Girl's Basketball Booster Club $2,000 $2,000 2/5/2008 LQHS Girl's Soccer $2,500 S2,000 TOTAL DISTRIBUTED FUNDS REMAINING BALANCE IN SPECIAL PROJECT CONTINGENCY ACCOUNT $131,950 $34,057 e. - ISO ATTACHMENT 3 v� OF 19 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: THE ARTHRITIS FOUNDATION Amount Requested: $5,000 Contact Person: Sharma Hirschi Mailing Address: 73-710 Fred Waring Drive Suite #104 City: Palm Desert State: CA. Zip Code: 92260 Home Telephone (760) 831-6252 Work Telephone (760) 773-3076 E-mail address shirschi@arthritis.org 501(c)3 Taxpayer I.D. Number: 95-1885447 Date Submitted: April 10, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 4. Igl CITY OF LA QUINTA GRANT APPLICATION (Must be typed) _X_ Community Services Support Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The Arthritis Foundation, Coachella Valley Branch, is seeking funds for the "Arthritis Foundation Life Improvement Exercise and Educational Programs" which consists of: • The Athritis Foundation Warm Water Exercise Program, the disease of arthritis affects joints, doing exercise in warm water (83-89 degrees) has a very therapeutic affect on the participant and eliminates stress on the joints through the buoyancy of the water. • The Arthritis Foundation Land Based Exercise Program, this a joint safe exercise program offered in a class setting, either in a standing or seated position, these exercises provide joint -safe flexibility stretches, strength and endurance moves, which also helps the participants with their activities of daily living. • Tai Chi from the Arthritis Foundation, is a form of exercise that is done in the Sun Style, which also provides to the participants a way to reconnect the body, mind and spirit, with deep breathing techniques, balance and coordination moves. • The Arthritis Foundation Self -Help Course, developed by Stanford University for the Arthritis Foundation, it is a six week course, one day a week for two hours, which teaches people with arthritis how to become self -managers. During the six weeks, the participants learn how to manage stress, fatigue and pain; they also learn the importance of proper nutrition, joint safe exercise, and how to speak more efficiently to their doctor. Through weekly personal action plans and a buddy system, they regain back their social interaction as well. Several evaluation studies have been conducted on behalf of the Arthritis Foundation Life Improvement Exercise and Educational Programs; these studies have revealed significant improvements of self -care behaviors, level of pain and self -efficacy. It has been determined that not only were there the physical benefits from these programs, but the psycho -social benefits. 2. How long has your Organization been in existence? 60 Years 3. Describe in general the activities or services of your Organization: The Coachella Valley Branch currently offers each week over 160 Life Improvement Exercise and Self -Help programs throughout the valley. The Arthritis Foundation is very fortunate to be able to partner with so many excellent facilites which include, Desert Regional Medical Center, JFK Memorial Hospital, Eisenhower Medical Center, The Joslyn, Mizell, LaQuinta and Cathedral City Senior Centers. Also many of the Assisted Living Centers such as Brookdale Mirage Inn, Halmark, Carlotta and Monarch (formerly Wellington Place) In LaQuinta we also offer classes at the Seasons and the Seasons at Mira Flores. The Arthritis Foundation also offers classes at the Braille Institute and many Country Clubs and Health Clubs. •• 182 4. How many people does your Organization currently serve? As mentioned, the Coachella Valley Branch offers over 160 Programs each WEEK, the average attendance in each class is approximately 15- 20 participants, however many of our Educational Forums and Lectures far surpass these numbers. Below is an approximate: No. of Youth 300 No. of Adults 900 No. of Seniors 7,500 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 500 No. of Adults 1,000 No. of Seniors 8,000 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 50 No. of Adults 100 No. of Seniors 750 7. How many paid employees/volunteers does your Organization employ? Full time employees 3 Part time employees 0 Volunteers 75 The Local Arthritis Foundation, Coachella Valley Branch consists of 3 Highly Qualified Staff Members; Cortney Weir, Executive Director 2 Years with the Arthritis Foundation 10 Years of Non -Profit Experience Sharma Hirschi, Senior Program Director 5 years with the Arthritis Foundation 8 years of Non -Profit Experience Cheryle Rasmussen, Administrative Assistant I year at the Arthritis Foundation 11 years of Non -Profit Experience Sharma Hirschi, Senior Program Director, will be responsible for reporting all grant activities. Sharma is a National Master Trainer for the Arthritis Foundation, for the Life Improvement Exercise and Educational Programs. Sharma Hirschi came to the Arthritis Foundation from the Betty Ford Center where she was head of Stress Management and Activities for over 8 years. Since her arrival to the Arthritis Foundation nearly 5 years ago, she has implemented over 67 new programs and has, with her grant writing skills brought in nearly $300,000. Sharma oversees the 160 weekly programs, trains instructors, and works with community partners to expand programs and services, especially in low to moderate income areas. Sharma works with the staff to help promote all the local events and fund raisers. 1- 183 8. Describe how your Organization is managed and governed: The local branch of the Arthritis Foundation is governed by a 20 member Advisory Board, which meets on a quarterly basis. The Southern California Chapter of the Arthritis Foundation is managed by a Governing Board. (See Attached -Local Board Member List) 9. Please provide information on your Executive Board members or contact person: (See Attached List) 10. What is your annual schedule of events, and during what months does your Organization operate? The Coachella Valley Branch of the Arthritis Foundation, is opened Monday through Friday from 8:30 A.M. to 5:00 P.M. (Standard Government Holidays Observed) For 2008 up -coming events include: "ART" FOR ARTHRITIS GALA --MAY 3, 2008 ESMERALDA HOTEL ARTHRITIS "WALK"-- NOVEMBER 8, 2008 PALM DESERT CIVIC CENTER PARK 11. Do you charge admission, membership fees, dues, etc? _x Yes X No If yes, please describe: The majority of the programs and services offered by the Arthritis Foundation are at no - cost, there are a few locations where classes are offered at a low cost ($3). Please note that if any participant is not available to pay, the Arthritis Foundation offers a scholarship program which allows the participant to attend free of charge. 12. What are your other sources of revenue for this funding year? Source Amount The Coachella Valley Branch of the Arthritis Foundation has been very fortunate over the past 60 years in getting community support. Just in the past year the Arthritis Foundation has received numerous grants, sponsorships and donations to help support and expand the Life Improvement Exeresie and Educational Programs as well as research. For the Life Improvement Programs, the CV Branch also seeks underwriting from local businesses and requests that the hosting facilitypay a portion of the Instructor's stipends. The Arthritis Foundation also requests that hosting facilities assist with heating of pools, or providing a room for classes at no charge. In that way, true partnerships are formed with local entities to insure that programs have longevity and to continue to maximize our outreach and service delivery to all LaQuinta and valley residents The Arthritis Foundation has received funding for Programs and Services for 07/08 GRANT FUNDING RECEIVED 07/08 The City of Rancho Mirage-425,000 Desert Healthcare District ---- $66,000 Agua Caliente Band of Cahuilla Indians--$5,000 Champion Volunteer Foundation-43,500 PENDING GRANTS 08/09 The City of Palm Desert-425,000 Agua Caliente Band of Cahuilla Indians-425,000 The City of LaQuinta--- $5,000 The City of Indan Wells--$10,000 Abbott Pharmaceutical Co. $25,000 Anderson's Children Foundation: $25,000 185 SPONSORSHIPS FROM EVENTS: (2007) JANE WYMAN Luncheon and Fashion Show: Greg Juarez Foundation $50,000 JFK Memorial Hospital $10,000 Desert Regional Medical Center $5,000 Jim and Jackie Lee Houston/CBS2 TV $5,000 Zimmer Intermed $5,000 Arthritis WALK Desert Regional Medical Center $15,000 Zimmer $10,000 JFK Memorial Hospital $5,000 Eisehnower Medical Center $5,000 Jim and Jackie Lee Houston $5,000 Spotlight 29 Cares $5,000 Centocor $5,000 Abbot $1,000 Schiff $1,000 Aetna $1,000 Family Development $1, 000 Total Needed $ $600,000 Total Received $ $540,00 Balance $ $60,00 13. Amount of money requested from the City of La Quinta? $1000 14. Has your Organization been funded by the City of La Quinta previously? Yes If so, when re e rol m 15. Please provide the name and address of the bank in which the Organization's funds are kept: Comerica 1650 Ximeno Ave. Suite #100 Long Beach, CA. 186 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: Manuel Loya, President/Chief Executive Officer Mireya Pena Vice President, Community Programs and Services Needs 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 needs for this project coincides with the mission statement: "The Arthritis Foundation's mission is to improve lives through leadership in the prevention, control and cure of Arthritis and related diseases." The Arthritis Foundation started right here in the desert in 1948, when a group of physicians met in Indian Wells to strategize on how best to serve their patients who suffered with arthritis. 60 years later, the National Arthritis Foundation, now based in Atlanta Georgia, is the leading organization funding research and development of life changing new treatments, procedures and medications for the growing population living with this devastating disease. 46 Million Americans live with doctor diagnosed arthritis and over 300,000 of them are children. There is over 120 different forms of Arthritis, such as Lupus, Lyme Disease, Osteoarthritis, Rheumatoid Arthritis, Osteoporosis Ankylosing Spondylitis, even Gout and Carpel Tunnel fall under the umbrella of Arthritis. With so many diseases, and with the population of -our desert consistently on the rise, we need to help these people!!! Sadly in our valley we only have 3 Rheumatologists, Dr. Joel Hirschberg, Dr. Maria Greenwald and Dr. Ellen Blanton (NO Pediatric Rheumatologists.) Although each of these Rheumatologist are very good at what they do, they are overwhelmed with patients, it takes the average new patient nearly 3 months to get in to see one of these doctors, which is why the Arthritis Foundation's Programs and Services are so vital to the residents of our valley. When a participant joins one of these programs they see immediate results. They begin to make friends with others who deal with similar issues; they also see how much their lives have improved not only physically and emotionally, but also financially, because they have less doctor visits! Through the action of movement they feel less pain and have less inflammation, through the techniques taught in the Self -Help Program they learn to manage stress, fatigue and gain a greater understanding of self -efficacy. '- 187 07 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 Arthritis Foundation Programs and Services are available to anyone, but are designed for people suffering with arthritis, no matter their age, socio-economic status, type of arthritis or their gender. Although The Coachella Valley Branch of the Arthritis Foundation takes pride in offering so many classes throughout our valley, there is still a great need to expand these programs, especially "down -valley" in the City of LaQuinta, Indio and other surrounding cities. All programs are taught by Arthritis Foundation Nationally Certified Instructors. On a quarterly basis, these instructors gather information from class participants by requesting them to fill out forms and surveys as requested in grant protocols. These Nationally Certified Instructors teach The Life Improvement Exercise and Educational Programs by utilizing National Instructor Manuals that are designed to achieve class consistency. Surveys will periodically be distributed to class participants who will gather information on age, gender and ethnicity. Class attendees are also required to sign a waiver for liability purposes in order to attend Arthritis Foundation classes. The Arthritis Foundation Program Director, Sharma Hirschi, evaluates all Life Improvement Exercise and Educational Programs on an ongoing basis throughout the year. These statistics are not only for the purpose for the Arthritis Foundation, for Grants and Board Reports, but also for the CDC and for the State of California. The cost to add one new program averages approximately $6,000 annually, which consists of three classes per week at $40 a class at 50 weeks per year. The funding request of $5,000 from the City of LaQuinta will help to supplement for expansion of programs and services. The Coachella Valley Branch of the Arthritis Foundtion, is the only local non-profit agency that serves people of all ages with one or more of the over 120 forms of arthritis and related diseases. The local Arthritis Foundation utilizes diversified funding sources including special events such as our local WALK, and The Arthritis Annual Gala. The Arthritis Foundation also gets support from local Foundations and grant support, underwriting from pharmaceutical and business sponsorships, donor support through letter —writing campaign along with planned gifts to insure that our agency is financially self-sufficient. The project also utilizes all potential funding sources in order to meet the increased demand for all arthritis -related services. 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) s. 199 ATTACHMENT 4 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: CV Rattlers Fastnitch Softball Inc Amount Requested: $3,300.00 Contact Person: Malia Morales Mailing Address: 78685 Forbes Circle City: La Ouinta State: CA. Zip Code: 92253 Home Telephone (760) 772-0865 Work Telephone (760) 574-6781 E-mail address cvrattlersCa,aol.com Website www.eteamz.com/cvrattlers 501(c)3 Taxpayer I.D. Number: 68-0629891 Date Submitted: April 7, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 199 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? To help local athletes learn and play competitive softball through strength of mind, self respect, self discipline, self motivation, teamwork, loyalty, unselfishness and courage while increasing self esteem and promoting an active lifestyle. 2. How long has your Organization been in existence? 1 Years 7 Months 3. Describe in general the activities or services of your Organization: Girls youth travel softball 4. How many people does your Organization currently serve? No. of Youth 12 No. of Adults 0 No. of Seniors 0 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 11-15 No. of Adults 0 No. of Seniors 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 7-9 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 6 8. Describe how your Organization is managed and governed: We are incorporated as a 5010 non-profit organization with 4 officers. The company is governed by articles and bylaws. Daily management of the company lies with the 4 officers who are volunteers only, not paid employees. .A... 191 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Joe Morales President 78685 Forbes Circle, LQ 772-0865 Malia Morales Vice President 78685 Forbes Circle, LQ 772-0865 Monica Ortiz Secretary 54075 Ave. Alvarado, LQ 861-2249 Susie Nuno CFO 73786 De Anza Way, PD 346-7759 10. What is your annual schedule of events, and during what months does your Organization operate? Our organization operates 12 months of the year with 2-3 weeks off after the Utah World Series in July. We participate in tournaments and friendlies/scrimmages 2-3 times per month, minimum. 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes, please describe: An entry fee of $250.00 is charged to all new players (to offset the cost of uniforms and equipment bag). Monthly dues of $30.00 per player are also charged. 12. What are your other sources of revenue for this funding year? Source Amount Fundraisers $15,000 (est.) Donations $10,000 (est.) Total Needed $46,255.00 Total Received $ 9,006.75 Balance $37,248.25 13. Amount of money requested from the City of La Quinta? $ 3,300.00 a- 192 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: Desert Commercial Bank, 44801 Village Court, Palm Desert, CA. 92260 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: Joe Morales Malia Morales Susie Nudo Monica Ortiz Title: President Vice President Chief Financial Officer Secretary NOTE: Two signers are required. Joe Morales and Malia Morales are not authorized to sign together. 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. Our organization has qualified and participated in the Triple Crown Sports World Series in Park City, Utah for the last 2 years and has again qualified for 2008. Our team represents the Coachella Valley in this event. At this competitive level of play the proper training equipment is mandatory for the protection of the players. Our equipment is beginning to show wear due to the advanced level of play. Our uniforms are also showing signs of wear. In order to proudly represent our area in this tournament it is necessary to evoke a professional team image. In addition to portraying a professional image, these items help to improve the players self confidence and pride. 193 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 motivated and dedicated youth girls of this organization will benefit from the use of these funds. Additionally, La Quinta will achieve name recognition via our participation in Park City, Utah through announcements and signage. 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. 191, ATTACHMENT 5 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2008-09 Name of Organization: McCallum Theatre Amount Requested: $5,000 Contact Person: Barbara Hemingway, Director of Development Mailing Address: 73000 Fred Waring Drive City: Palm Desert State: CA Zip Code: 92260 Home Telephone Work Telephone 760 776-6162 E-mail address bhemingwaynamccallum-theatre.org 501(c)3 Taxpayer I.D. Number: 95-2834871 Date Submitted: April 3, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. A., 195 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? The McCallum Theatre's mission is to educate and entertain the public through the performing arts with an emphasis on serving children and youth of the Coachella Valley interests and tastes of the communities and constituents served by the Theatre. 2. How long has your Organization been in existence? 20 Years 3 Months (Incorporated September, 1973; Theatre opened January 1988) 3. Describe in general the activities or services of your Organization: McCallum Theatre serves more than 150,000 ticket buyers each season from the United States, Canada and visitors from other countries. In addition, the McCallum Theatre Institute, the education division of the Theatre serves more than 37,200 schoolchildren each school year. 4. How many people does your Organization currently serve? No. of Youth 37,200 No. of Adults 120,000 No. of Seniors 30,000 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 37,200 No. of Adults 120,000 No. of Seniors 30,000 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 3,919 No. of Adults 11,021 No. of Seniors 2,725 7. How many paid employees/volunteers does your Organization employ? Full time employees 36 Part time employees 37 Volunteers 279 8. Describe how your Organization is managed and governed: McCallum Theatre is governed by an experienced Board of Trustees, along with a separate Foundation Board that oversees a growing endowment. In addition, McCallum Theatre has a staff of seasoned professionals who direct the Theatre's daily operations and manage the annual budget. 196 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Harold Matzner Chairman Palm Springs 346-6505 Ext.119 Ted Giatas President/CEO Palm Desert 346-6505 Ext.119 William Hall First Vice Chair Indian Wells 346-6505 Ext.119 Mark C. Adams Vice Chair Rancho Mirage 346-6505 Ext.119 Arlene Schnitzer Vice Chair Indian Wells 346-6505 Ext.119 Robert Archer Treasurer Indian Wells 346-6505 Ext.119 Peter Solomon Trustee Palm Desert 346-6505 Ext.119 Michael V. Smith Secretary/ Rancho Mirage 346-6505 Ext.119 Parlimentarian 10. What is your annual schedule of events, and during what months does your Organization operate? McCallum Theatre has performing arts programming as well as arts education programs from September to June every year. The Theatre is dark July and August. 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes, please describe: Tickets are sold to the general public. There is no charge for admission to arts education programs offered through the McCallum Theatre Institute. As a non-profit organization, membership programs help to bridge the gap between ticket sales and operations. 12. What are your other sources of revenue for this funding year? (Projected for August 1, 2007 to July 31, 2008) Source Amount Memberships 502,000.00 Government Grants City of Indian Wells 50,000.00 City of Palm Desert 100,000.00 City of Rancho Mirage 50,000.00 Anticipated Ticket Sales 7,000,000.00 (theatre rental Front of House sales, investment income and marketing) Anticipated contributions (individuals, foundations, business, corporate gifts) 3,200,000.00 Total Needed for Field Trip Series/Touring Initiative Programs $214,959 197 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? X Yes If so, when 8/29/06 No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo Bank 42352 Bob Hope Drive, I" Floor, Rancho Mirage, CA 92270 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: Ted Giatas Cameron Smith Title: President/CEO Director of Business Operations 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. City of La Quinta funds are needed to help ensure the availability of free Field Trip Series performances for 21,000 Coachella Valley schoolchildren each school year — including students from Truman Elementary School, Ben Franklin Elementary School, John Adams School, La Quinta Middle School and La Quinta High School. For many students visits to the McCallum are their only encounter with live performing arts and serve as an introduction to other programs offered by McCallum Theatre Institute. $1,313,928 education division budget. 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.) Primary beneficiaries of these funds are children and classroom teachers of Truman Elementary School, Ben Franklin Elementary School, Adams School, La Quinta Middle School, La Quinta High School. Classroom teachers and their students attend live Quinta students served through the Field Trip Series was 2,677. This season, 2007-2008 totals are not in. 'I•,. 19S 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. See attached 20. Attach a copy of your Program Operating Budget for the current year. See attached 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. See attached A. 190 ATTACHMENT 6 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Amount Requested: Contact Person: H(Lv City: ( pCG Home Telepho. E-mail address State: C4& Zip Code: Work Telephone (- 501(c)3 Taxpayer I.D. Number: ?,- --2,q 9 cj- Date Submitted: 4 - 1 1 - Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. a- 209 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. W)iat is the overall purpose or goal of your Organization? 2. How long has your Organization been in existence? 14Years 3. Describe in general the activities or services of your, Organization: 4. How many people does your Organization currently serve? No. of Youth —4L_ 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 ITO Me, il^ 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 4— No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees L-/ Volunt ers l�cuL'� 8. Describe how your Organization is managed and governed: 201 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone 10. What is your annual schedule of events, and during what months does your Organization operate? 11. Do you charge admission, membership fees, dues, etc? Yes �j� No If Yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount / o A. >O M1n I r/7 ter 1 F rtS1-vS CooI42 4Wr'na--i-i— Total Needed $ Total Received $ Ll $ 6b . U o� Balance 13. Amount of money requested from the City of La Quinta? $ 51 b Ob . 202 14. Has your Organization been funded by the City of La Quinta previously? Yes If so, when No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Wei �S 4v!�62 7 &LID !- -4 11 %C-& 2225�� 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: JiC'p_ 'pnPn� 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. ih at.C,r Zz 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 Is. 203 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. 1 5b+- Gitlin 20. Attach a copy of your Program Operating Budget for the current year. see 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. a� p. �. 204 ATTACHMENT 7 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Olive Crest Amount Requested: $5,000 Contact Person: Tesha Vann, Associate Development Director Mailing Address: 50855 Washington Street, Suite 251 City: La Quinta State: CA Zip Code: 92253 Home Telephone (760 86Z 3-2259 Work Telephone (760) 564-1430 E-mail address tesha-vann(&olivecrest.org 501(c)3 Taxpayer I.D. Number: 95-2877102 Date Submitted: 3/24/08 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. A. 205 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? Since 1973, Olive Crest Homes and Services for abused children has been a leader in providing care for abused, abandoned and severely neglected children. Olive Crest is dedicated to Preventing child abuse, to Treating and Educating at -risk children and to Preserving the family ...... One Life at a Time". Olive Crest is working closely with Riverside County Child and Family Services to build the Coachella Valley Children's Center, located in Coachella, CA. The center will provide shelter, care and programs most needed by abused and neglected youth in the desert communities. At the County's request, Olive Crest is currently planning to offer short-term shelter care in two of the homes and long-term residential care in the remaining two. Both programs will offer the highest level of treatment and care in the State of California. 2. How long has your Organization been in existence? 34 Years 10 Months 3. Describe in general the activities or services of your Organization: Olive Crest continues to promote the safety and wellness of children and families through innovative programs including specialized education, foster and adoption, family preservation, and residential homes. 4. How many people does your Organization currently serve? No. of Youth 5,000 No. of Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 5,000 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 *We are in a Capital Campaign to build the Coachella Valley Children's Center. In 2006 there were 186 substantiated cases of child abuse in La Quinta. Of those La 206 Quinta residents, 73 children were removed from their home as a result of child abuse. As our homes are built and programs established we will be able to provide homes and services for these children. 7. How many paid employees/volunteers does your Organization employ? Full time employees 568 Part time employees 213 Volunteers 150+ 8. Describe how your Organization is managed and governed: Olive Crest is governed by a volunteer Board of Directors that oversees the finances of the organization. In addition, each Olive Crest region is supported by a volunteer Trustee Board that assists in fundraising and awareness at the local level. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Dr. James Brinton President Lorraine Brinton Kay Burden Rosanna Contreras Lezly Clayton Nancy DeVries Denise DuBarry Hay Jenell Fontes John Kasser Sue Loveland Judy Sage Margot Spence Kim Waltrip 'Contact Associate Development Director, Tesha Vann for specific Trustee contact information. 10. What is your annual schedule of events, and during what months does your Organization operate? Olive Crest operates year-round. Upcoming events in the Coachella Valley region are: Fundraising events are currently scheduled for Friday, March 21, 2008, Thursday, April 10, 2008, Saturday, April 19, 2008, Monday, April 21, 2008, Saturday April 26, 2008 and Friday, December 5, 2008. S.1 207 11. Do you charge admission, membership fees, dues, etc? Yes X No If Yes, please describe: Our services are free to children and families 12. What are your other sources of revenue for this funding year? Source Amount Organizational Gifts & Pledges $581,000 Individual Gift & Pledges $961,000 Total Needed $ 5,000,000 Total Received $ 2,054,000 Balance $ 2,964,000 13. Amount of money requested from the City of La Quinta? $5,000 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: Union Bank of California (checking only) 18300 Von Karman Ave. Suite 340 Irvine, CA 92612 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: Donald Verleur CEO, Olive Crest Dr James Brinton President, Olive Crest, Coachella Valley 'a. - 209 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. In 2006, in the Coachella Valley 9,981 cases of child abuse were reported. Of these cases, 73 children were removed from their home in LQ as a result of child abuse. With the population of the Valley expanding, the need for services expands as well. Currently there are only 42 group home beds available for youth in the Coachella Valley. More than 56% of children in need of residential services must be sent out of the area to receive adequate treatment. Tragically, children in need of residential care were taken away from the important and positive people in their lives — their community, friends, churches, neighbors and family members. The Coachella Valley Children's Center will provide the residential space desperately needed and give local Children, including La Quinta children, and families the opportunity to obtain services close to home. 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 goal of this project is to be a safety net for victims of abuse, living in the Coachella Valley as well as assist in furthering the cause of child abuse prevention. Funding received through the City of La Quinta will be used toward building the four residential homes at the Coachella Valley Children's Center. The homes will be able to serve up to 24 youth at any given time and the Education Center will serve up to +- 209 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,_ 219 ATTACHMENT 8 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Palm Springs Women in Film and Television Amount Requested: $3,000.00 Contact Person: Denise DuBarry Hay Mailing Address: 78-140 Calle Tampico City: La Quinta State: CA Zip Code: 92253 Home Telephone 760-564-4094 Work Telephone 760-238-0306 E-mail address: devise@kaswit.com 501(c)3 Taxpayer I.D. Number: EIN 42-1616628 Date Submitted: 4/04/08 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 z_ Economic Development/ Marketing and Sponsorships 1. 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? _7 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 Ouinta 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 (psfihnoffoce.com) acts as a virtual film office for the Coachella Valley, listing over 400 local production related personnel and businesses. The site make 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 the outside area. 4. How many people does your Organization currently serve? No. of Youth 100 No. of Adults 700 No. of Seniors 40 5. How many people do you intend to serve during this Fiscal Year? No. of Youth _100 No. of Adults _750_ No. of Seniors 60_ 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth T?_ 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 _50_ 8. Describe how your Organization is managed and governed: 0_ 212 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 La Quints 760-564-2112 Leanna Bonamici Vice President 760-275-7908 Sherry Halperin Treasurer 760-771-9496 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 and August, mixers, Professional workshops and seminars are held throughout the year as well as several parties in conjunction with the PS International Film 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. 12. What are your other sources of revenue for this funding year? Source Amount The City of Palm Springs $3,000•00 The City of Indian Wells $3,000.00 The City of Desert Hot Springs $3,O00.00 Membership Renewal $ 20,000.00 Total Needed $ 50,000.00 213 Total Received $ 29,000.00 Balance $ 21,000.00 13. Amount of money requested from the City of La Quinta? $ 3,000.00 14. Has your Organization been funded by the City of La Quints previously? x Yes If so, when 05/2007 No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Pacific Western Bank — 74750 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: Title: Denise DuBarry Hay President Sherry Halperin 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. These funds are used to continue to build and maintain the psfilmaffice.com website On which the city of La Quinta has a banner ad and contact information for the city of La Quints 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 has received a total of 80,000 unique views since it went live in July of 2006 to a targeted audience of entertainment related professionals. This was done with very little but efficient media spending. 9- 21 t 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 funds will benefit the entire community. The first level 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 and improve overall economic development for the entire Coachella Valley. 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. s. 215 ATTACHMENT 9 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Amount Requested: Contact Person: ARLt Mailing Address: 43 416 City: lowiAl D�SEk Home Telephone 74,0 -ftC- E-mail address — State: C'fi Zip Code: _ Work Telephone — 501(c)3 Taxpayer I.D. Number: 95 3/1v 79,& 9 Date Submitted: 0g — 03 -oS 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: X_ Community Services Support Economic Development/ Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? Ty Ei1114NCE THE L /yEs OF CH/[ O *EAl fir//7H CfINCE,P 1/ND THE/R 1`59MIZ E9 WITH THE G/FT OF QUILTS PROVIOIA16 COM/FDiPT 15WO Tax. 2. How long has your Organization been in existence? // Years 0 Months 3. Describe in general the activities or services of your Organization: V01-t{it/TEER5 M4A:E 0AW-7-5 Foie CffILDREN U1/>/t WeER 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 19.5 No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth -1L No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers 8. Describe how your Organization is managed and governed: 217 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone 10. What is your annual schedule of events, and during what months does your MAIMMIi i ! I 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 i i i I i � ✓i t Total Needed Total Received Balance $ .2 U00. 00 $ zoo©, OO Yes_ No Amount 13. Amount of money requested from the City of La Quinta? $ Iq 000 . 00 140-`di84 777- & b 01 a.j 218 14. Has your Organization been funded by the City of La Quinta previously? �r Yes If so, when � O01 No 15. Please provide the name and address of the bank in which the Organization's funds nro kant- 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: J EfINNE %i/NsEY �OBp1E FOEMM/NG Title: I REs/DENT' rrr 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.) T/HE I/O/ 46417—,5 QS bd// L BE.t/EF/T BY LDS/n/G 7f/E Bf/TT/N� REe717E TIfF 4�f//TS f7- F1;141 C4WIy 5r f/T C4^p /�pN/!LD Nepd4llk •. 219 19. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. ( SEE A-r-rnoxv SiR-rg-mewrs) 20. Attach a copy of your Program Operating Budget for the current year. 04R ONGY Pl(Rcy,95E /S THREflD MIP 91177"i/1-49, 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. - n//R 229 ATTACHMENT 10 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: The Ranch Recovery Centers, Inc. Amount Requested: $ 5000.00 Contact Person: Rick Mesa Mailing Address: 7885 Annandale Ave. City: Desert Hot Springs State: CA Zip Code: 92240 Home Telephone Work Telephone 760-329-2924 E-mail address Ranchrecoverykaol.com 501(c)3 Taxpayer I.D. Number: 23-7365064 Date Submitted: April 11, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. a. ')1 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 quality residential alcohol and drug treatment to men, women, and families of the Coachella Valley who may be unable to access treatment due to lack of funding. 2. How long has your Organization been inexistence? 35 Years 5 Months 3. Describe in general -the activities or services of your Organization: Adult residential alcohol and drug, detoxification and primary Treatment services. 4. How many people does your Organization currently serve? No. of Youth No. of Adults 99 No. of Seniors 3-5 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults about 550 No. of Seniors about 40 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults 25-30 No. of Seniors 5 7. How many paid employees/volunteers does your Organization employ? Full time employees 23 Part time employees 1 Volunteers 7-10 8. Describe how your Organization is managed and governed: Organization is governed by a eight (8) member volunteer Board of Directors, with an employed President / CEO whom oversees the operating of all of our four (4) facilities and staff. A., 222 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Tony Cisneros Chairman 44095 Golden Rod Circle, La Ouinta 772-1014 Mitch Epstein Vice Chair 73505 El Paseo, Pam Desert 674-8666 Teddi Rozell Secretary 40379 Preston Trail, Palm Desert 831-9573 Wayne Stigall Treasurer 72630 Lotus Court, Palm,Desert 340-2763 10. What is your annual schedule of events, and during what months does your Organization operate? We operate 24 hours a day, 365 days a year. 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes, please describe: Those that can, pav $130.00 a day and or a slidine scale. We have contracts with the Counter and private agencies for 76% of cost of treatment. We eenerate the balance needed. In addition we "give" away approximately 3500 — 4000 days of service each year at no cost to clients. 12. What are your other sources of revenue for this funding year? Source Amount Riverside County Contract $ 612,730.00 Mental Health Systems $1,082,600.00 Desert Aids Project $ 42,340.00 Total Needed $ 9,617.78 Total Received $ none - (as of yet, other request have been sent out.) Balance $ 9,617.78 13. Amount of money requested from the City of La Quinta? $ 5000.00 A- 223 14. Has your Organization been funded by the City of La Quinta previously? X Yes If so, when 5-22-2000, $1000.00, 5-18-2001, $1000.00, 8-29-2006 $2000.00. 15. Please provide the name and address of the bank in which the Organization's funds are kept: Pacific Western Bank 601 Tahquitz Canyon Way, 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: Rick Mesa Tony Cisneros Teddi Rozell Wayne Stigall Title: President / CEO Board President Board Secretary Board 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. Need to repair and replace shade structure over children's playground and pool area. See enclosed. 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.) Children visiting parents, guests and significant others as well as residents will be protected from the intense summer sun. l0Z -a ATTACHMENT 11 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: So -Cal Xtreme, Inc Amount Requested: $5000 Contact Person: Peter Scott Mailing Address: 50410 Via Puente City: _La Quinta State: _CA Zip Code: 92253 Home Telephone _760-564-1889 Work Telephone _760-399-6653 E-mail address socalteamxtreme@aol.com 501(c)3 Taxpayer I.D. Number: 26-1363943 Date Submitted: 04-10-2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 9. 225 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? Sports Education and training in the field of Fastpitch Softball, 2. How long has your Organization been in existence? _Years 5 Months 3. Describe in general the activities or services of your Organization: We are a traveling U-12 Fastpitch Softball team, playing and teaching girls at a Junior Olympic level, readying them for High School and College sports challenges. 4. How many people does your Organization currently serve? No. of Youth 10 No. of Adults 20 No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 10 No. of Adults 20 No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 8 No. of Adults 16 No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers _10 8. Describe how your Organization is managed and governed: This Corporation is organized and operated exclusively for charitable purposes, Within the meaning of Section 501(C)(3). The corporation is governed by 4 executive board members, with monthly meetings For the board and its members. 22S 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Peter Scott President 50410 Via Puente, La Quinta 564-1889 Jeff Stark Vice President 79230 Violet Court, La Quints 360-3626 Ivy Scott Treasurer 50410 Via Puente, La Quints 564-1889 Corinna Salas Secretary 52560 Ave Vallejo, La Quinta 564-0894 10. What is your annual schedule of events, and during what months does your Organization operate? We operate year round. We rent practice field space from the city of La Quinta, and Play Softball weekly in La Quinta and other venues mainly in Southern California. 11. Do you charge admission, membership fees, dues, etc? _X_ Yes No If Yes, please describe: Members joining the team fee $300 Monthly member fee $25 (This monthly fee can be offset by sponsor money brought In by member) 12. What are your other sources of revenue for this funding year? Source Amount Local Company sponsorship $6050.00 Candle sale fundraiser $735.00 Sold tickets for Indian Wells art festival $250.00 Other Fundraising events $500.00 Total Needed $ _14,346.00 Total Received $ 7,535.00 Balance $ 6,811.00 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 If so, when UNERNI s. 227 15. Please provide the name and address of the bank in which the Organization's funds are kept: Bank of America Point Happy, 78400 Highway 111, La Quinta. CA 92253 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: _Peter Scott _Ivy Scott Title: _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. All of our finances come from member's fees and Donated Sponsorship money, with All money received used for player's equipment, field rental, tournament entry fees, Umpire fees, and drinks and food for the players only. 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 people who will benefit from these funds are a group of hard working, Young Softball loving, eleven and twelve year old, local girls. The money will be used for Badly needed equipment, so to better teach the girls. 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. S. 229, ATTACHMENT 12 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Amount Requested: _ TRUMAN ELEMENTARY SCHOOL Contact Person: Carol Bishop - Proud Truman Tiger Principal MailingAddress: 7a-Q� (LAve 50, La�u�ata Eh $233 City: La Quints State: cA_ Zip Code: o92g3 Home Telephone Work Telephone (760) 777-4240 E-mailaddress carol. bishop@dsusd.us 501(c)3 Taxpayer I.D. Number: 95 - 6000 - 929 Date Submitted: April 11 2008 Applications will receive consideration wit religion, sex, age, national origin or disability. ,yQr, d'y\k j=Adcv\ a/vl'eL `J 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 1. What is the overall purpose or goal of your Organization? 2. How long has your Organization been in existence? 21 Years _ Months Truman opened in 1987. 3. Describe in general the activities or services of your Organization: See above please. 4. How many people does your Organization currently serve? No. of Youth 792 No. of Adults 1000 No. of Seniors 100+ 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 792 No. of Adults 1000 No. of Seniors 100+ 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 450 No. of Adults 700 No. of Seniors 100+ 7. How many paid employees/volunteers does your Organization employ? Full time employees 75 Part time employees Volunteers 200+ 8. Describe how your Organization is managed and governed: The administration works as a team with teachers, staff, students, families. community volunteers and community organizations in a positive, proactive fashion in order to provide excellence in education. S.'' 239 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Carol Bishop Proud Truman Tiger Principal Truman School (760) 777-4240 10. What is your annual schedule of events, and during what months does your Organization operate? September to June - annual school schedule. 11. Do you charge admission, membership fees, dues, etc? Yes xx No If Yes, please describe: 12. What are your other sources of revenue for this funding year? Source Amount Parent/Teacher Organization Total Needed $ 1700.00 Total Received $ 300.00 Balance $ 1400.00 13. Amount of money requested from the City of La Quinta? $ 1400.00 231 14. Has your Organization been funded by the City of La Quinta previously? W Yes If so, when 2006/2007 15. Please provide the name and address of the bank in which the Organization's funds are kept: P.F.F. Bank and Trust, 78752 HWY. 111, La Quinta, CA. 92253 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: Nicole Wesner Title: Board Member (PTO) 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. Truman School will have Reading Celebration Day this year on Friday, May 30, 2008. As part of the celebration, "Wisdom Tree" productions (see attachment) will provide three educational presentations during the school day (all children will attend) and will also provide a free familv/covvuTitvuT.it.,- cost of , iPrfnr.nnPP iq t1400-00. 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.) All of our hard working (and hard reading Tigers and Tiger Cubs - Kinder. through 5th grade AND their families will benefit from this fabulous A_. 232 ATTACHMENT 13 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2007-08 Name of Organization: Operation SafeHouse, hic. Amount Requested: $5,000 Contact Person: Kathy McAdara, Executive Director Mailing Address: 9685 Hayes Street City: Riverside State: CA Zip Code: 92503 Home Telephone (951) 351-4418 Work Telephone (951) 351-4418 E-mail address safehouse9@aol.com 501(c)3 Taxpayer I.D. Number: 33-0326090 Date Submitted: March 27, 2008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 233 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? Operation SafeHouse, with community support, provides 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? 18 Years _ Months 2. Describe in general the activities or services of your Organization: SafeHouse of the Desert (SOD) opened in January, 2008 to provide 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. SOD serves the entire Coachella Valley, including the City of La Quinta. 3. How many people does your Organization currently serve? No. of Youth 600* No. of Adults No. of Seniors *City of Riverside Shelter — SOD will serve 600 youth per year by third year of operations 4. How many people do you intend to serve during this Fiscal Year? No. of Youth 300* No. of Adults No. of Seniors * Projected number of youth served during 08/09 5. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 15* No. of Adults No. of Seniors *2006 runaway statistics from Riverside County Sherriff s Dept. — 5% of runaways from La Quinta 6. How many paid employees/volunteers does your Organization employ? SOD: Full time employees 12 Part time employees 1 Volunteers 16 City of Riverside: Full time employees 25 Part time employees 24 Volunteers 43 7. 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 'S." 234 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. 8. 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 Sorines 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 9. What is your annual schedule of events, and during what months does your Organization operate? SafeHouse of the Desert is 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 $120,000 County of Riverside (Emergency Shelter Grant) $ 50,000 Coin of Riverside (CDBG) $ 50,000 Desert Cities (CDBG and Community Assistance) $ 75,000 Regional Access Foundation $ 50,000 Foundations $355,325 Fund Raising (Events and Individual Donations) $101,862 Total Needed Total Received Balance $ 802,187 $ 338,000 $ 464,187 13. Amount of money requested from the City of La Quinta? $ 5,000 235 14. Has your Organization been funded by the City of La Quinta previously? ✓ Yes If so, when 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 in the coming year. While most will return after a few days, many will become entrenched in "street life" where they are at -risk of criminal activity 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 Qrimary 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, drag/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 236 youth loitering and criminal activity, and savings to law enforcement child protective services, juvenile justice and health and mental health care systems. l;i u4.#tadhe� �' u ice, in6Ilfhs y$I►Yf eq Attachd 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 A, 237 °4 � a,�L auUt�Gv 5 CE`y OF'r1'�� COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Consideration of a Cooperative Marketing Strategy Between the City of La Quinta and Lowe Destination Development for the Promotion of SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: ME Approve a cooperative marketing strategy between the City of La Quinta and Lowe Destination Development for the promotion of SilverRock Resort. FISCAL IMPLICATIONS: None associated with this action. If the City Council approves a cooperative marketing strategy with Lowe Destination Development, staff will include funds for initiation of this strategy in the Draft Fiscal Year 2008-2009 City of La Quinta Budget for Council's consideration in June 2008. A main website for SilverRock Resort is also being proposed. The concept will be introduced for Council consideration during this meeting, and work would commence during the upcoming fiscal year. However, funding would not be anticipated until Fiscal Year 2009-2010 (in an effort to fully integrate the SilverRock golf component). CHARTER CITY IMPLICATIONS: None. •. 23S BACKGROUND AND OVERVIEW: On January 9, 2007, the City of La Quinta's partnership with Lowe Destination Development was celebrated during an official document signing ceremony. The Disposition and Development Agreement (DDA) allowed for private development within portions of the SilverRock Resort, including: • A 283-room resort hotel — 4-star quality with conference center, spa/fitness facilities, restaurant/lounge, pools, and retail space plus 127 casitas units located on adjacent parcels • A boutique hotel — 225 rooms (located within the Arnold Palmer Classic Course) with spa/fitness facilities, pools, restaurant/lounge, conference space, and retail space • A 55-room addition affiliated with the boutique hotel, located in a portion of the temporary clubhouse parking area • 40,000 square feet of retail area, 15,000 square feet for restaurants, and 12,000 square feet for office and/or residential uses • A Black Box Theater of about 7,000-7,500 square feet (a multi -purpose theater and conference facility) The Redevelopment Agency is developing other public amenities on the site, namely: a second golf course, a permanent clubhouse, and infrastructure. Since signing of the DDA, City staff has had continued communication with Lowe on marketing SilverRock Resort as a high -end, all -encompassing resort destination. An identity and "look and feel" for SilverRock Resort was established prior to the opening of the Arnold Palmer Classic Course with creation of a SilverRock logo; and has continued to be enhanced via professional photography, print advertising, television commercials, and a golf website. Lowe has built upon the SilverRock image and recognizes the many positive developments that have occurred, including: • Favorable public awareness of the golf course • 10-year agreement with the Bob Hope Chrysler Classic • Jacobsen/Hardy selected to design the second golf course • Permanent clubhouse designed by Altevers Associates • La Solana preview sales center opened City staff has met with Lowe and Landmark on several occasions regarding the evolution of the SilverRock brand. To date, staff has coordinated with Lowe on the following: use of the SilverRock logo, use of City professional photography, development and installation of perimeter site signage, and review of various advertisements. A.- 239 Lowe has formally approached the City with a cooperative marketing strategy for SilverRock Resort. The goal is to unify efforts and convey a consistent message and SilverRock Resort identity —existing and future —as opposed to each component providing its own version. Lowe proposes various ways to achieve a high level of cooperation and coordination; the key project involves creation of one main website or "portal" for SilverRock Resort. City and Landmark staff acknowledge the benefits from a customer service standpoint. All the information would be easily accessible on one website (golf, hotels, retail, recreation, special events, history, etc.). Below is more detail on the concept for a main website as well as additional marketing strategies being recommended by Lowe: • Main Website (Joint). Currently, two SilverRock websites exist: www.SilverRock.org (golf) and www.mySilverRock.com (Lowe; La Solana). Each one has a different look and content. Having more than one website creates the risk of customer confusion, particularly as the resort grows. A common, effective solution for multi -faceted resorts like SilverRock is to have a single website or "portal" that provides easy access to information about the resort and each component. It is proposed that www.mySilverRock.com serve as the web portal for SilverRock Resort. The existing golf website would be a prominent component (link) during the first year, and would undergo rebuilding and full integration in Fiscal Year 2009-2010. • Perimeter Site Signage (City). The new SilverRock signs and new La Solana signs on the perimeter of the site are consistent in look and feel. The SilverRock signs would be updated to display the www.myS!IverRock.com website. • Interior Site Signage (City). The existing locater signs that identify the future resort components would be replaced with new signs that display the www.mySilverRock.com website. These signs would convey new information about the coming resort components (e.g., Jacobsen/Hardy golf course, clubhouse rendering, etc.). • Ranch House Displays (Lowe). With 40,000+ rounds per year, the Ranch House provides an ideal venue for promoting the resort. Lowe is creating (at its own cost) an entry display/information board between the golf shop and restaurant. Other opportunities include restaurant and pro shop displays. • Promotional Materials and Ads (Joint). Ads and collateral material would be updated to reflect the main website address (www.mySilverRock.com). Landmark and Lowe would begin this transition in Fiscal Year 2008-2009. 240 • Public Relations (Joint). An updated brand identity campaign creates excellent public relations (PR) opportunities. A PR campaign would be executed via existing resources. • Implementation (Joint). Implementation would be executed jointly by the City, Lowe, and Landmark. A Lowe representative will be available to discuss the proposed strategies in more detail and answer any questions Council may have. A demonstration of the Kapalua Resort website (www.kapalua.com) will be provided as an example of what is envisioned for the SilverRock Resort main website. The City Council is being asked to consider a cooperative marketing strategy between the City of La Quinta and Lowe Destination Development for continued promotion of SilverRock Resort. If approved, City staff, in coordination with Lowe and Landmark, would move toward full development of a main website for SilverRock Resort, and would also cooperate on the joint strategies outlined above. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a cooperative marketing strategy between the City of La Quinta and Lowe Destination Development for the promotion of SilverRock Resort; or 2. Do not approve a cooperative marketing strategy between the City of La Quinta and Lowe Destination Development for the promotion of SilverRock Resort; or 3. Provide staff with alternative direction. Respectfully submitted, AOIi' • Douglas ans Assistanf City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager 4..J 241 o �o cry OF COUNCIL/RDA MEETING DATE: May 6, 2008 AGENDA CATEGORY: ITEM TITLE: Consideration of the Reinstatement of BUSINESS SESSION: J James N. Engle, Jr., as Planning Commissioner for the Remainder of His Term Ending June 30, 2008 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: 101rem CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In November of 2007, the City Council adopted new regulations regarding attendance requirements for members of City boards and commissions. In short, the new requirements result in the vacation of a board or commission member's seat if the member accrues three absences within a fiscal year without advance permission from the City Council. As a result of Planning Commissioner Jim Engle's absence from the April 8", 2008 Planning Commission meeting, which constituted his third absence from a scheduled Planning Commission meeting since the effective date of the new requirement, Mr. Engle's seat on the Planning Commission became vacated. Staff informed Mr. Engle that his seat on the Planning Commission had been vacated due to his third absence. Staff also discussed with Mr. Engle the opportunity provided by the Code to request an "after -the -fact" excuse for an absence and subsequent reinstatement. The specific language regarding the granting of an excused absence is as follows: 2Q A board or commission member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent, if such permission or excuse is granted by the city council, the absence shall not be counted toward the above -stated limitations on absences. In response, Mr. Engle has provided for Council's consideration a letter (Attachment 1) requesting reinstatement for the remainder of his term, which ends June 30, 2008. In his letter, Mr. Engle also states that he will not be seeking reappointment. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Grant an excused absence as to one or more of Mr. Engle's absences and reinstate Mr. Engle to the Planning Commission for the remainder of his term; or 2. Do not grant an excused absence and requested reinstatement and provide staff with direction as to filling the vacancy on the Planning Commission; or 3. Provide staff with alternative direction. Respectfully submitted, Les Johnson, Plar#ng Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Letter received from Mr. Jim Engle dated April 22, 2008 •. 243 ATTACHMENT 1 received APR 2 2 2008 April 22, 2008 Honorable Mayor Don Adolph Members of the City Council City of La Quinta P O Box 1504 La Quinta, California 92247 Dear Mayor and Members of the City Council: It has come to my attention that due to frequent absence(s), within a fiscal year, my appointment as a Planning Commissioner has been "suspended". As such, I can no longer perform as a Planning Commissioner until I am granted reinstatement by the City Council. It has been my pleasure to be a part of this Commission and I feel it only fair to offer an explanation of the cause of my absences, which are: (1) the recent retirement of my father, Jim Engle, Sr., (2) which triggered a 70-80/hour per week work load, and a commitment to managing a crew of 12 people, (3) early morning and late evening hours, plus (4) weekend paperwork and overtime hours. While I will not be seeking reappointment when my term is scheduled to end on June 30, 2008, I would truly appreciate "reinstatement" and the opportunity to serve out my term. Equally important, the vacant position will give another applicant the opportunity to make a difference in our community. I have truly enjoyed my term, all the staff members who have helped me, and my Planning Commission counterparts. Thank you for your consideration of my request. 1. ENGLE, JR. Commissioner cc: Thomas P. Genovese, City Manager Planning Commission City Attorney Assistant City Attorney Planning Director �.., 24�1 r�. — s cF'M OF COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Consideration of a Resolution Approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, for Fiscal Year 2008/2009, and a Resolution Declaring Intent to Levy Annual Assessments for Landscape and Lighting Assessment District 89-1, and Giving Notice Thereof RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 ("District"), Fiscal Year 2008/2009; and Adopt a Resolution of the City Council declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. FISCAL IMPLICATIONS: Adoption of the Resolutions is required in order to levy the annual assessment for the District. The estimated total cost for Fiscal Year 2008/2009 is $2,137,970 for maintenance of public streets, traffic signals, medians, and parkways. Park maintenance costs have been separated from the District costs. The parks maintenance cost is estimated to be $1,480,134 for Fiscal Year 2008/2009 for a total of $3,618,104. The Lighting & Landscape estimated assessment levy is $937,855 and the collection charges by the County are estimated to be $10,000 for a net amount of $927,855. The City proposes the remaining $2,690,249 be funded through a General Fund contribution of $2,472,249 and $218,000 of revenue from CSA 152 in Fiscal Year 2008/2009. CHARTER CITY IMPLICATIONS: None. 0 24DO BACKGROUND AND OVERVIEW: In 1989, the City Council formed a Citywide Landscape and Lighting Assessment District to fund costs associated with the maintenance, construction and servicing of landscape areas, street lights and traffic signals. Pursuant to the Landscape and Lighting Act of 1972, the City must annually perform a series of activities associated with the District, as outlined in the Annual Activities Report (Attachment 1). An Annual Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1. A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones; and 4. An assessment schedule. The Preliminary Engineer's Report, prepared by City staff and MuniFinancial with parcel reconciliation support by MuniFinancial, provides the required information for the District for Fiscal Year 200812009. The Preliminary Engineer's Report projects the following for Fiscal Year 2008/2009 in comparison to the Fiscal Year 2007/2008 Engineer's Report: FY 2007/2008 FY 2008/2009 Citywide Benefit Zone Yes Yes Number of Local Benefit Zones 6 6 Number of Equivalent Dwelling Units (EDU's) 24,025 26,345 EDU Rate $35.60/EDU $35.60/EDU District Revenue $901,088 $937,855 These calculations will be finalized for the Final Engineer's Report in order to provide the most accurate assessment possible. In accordance with previous City Council direction, all residents, including those within the six (6) local benefit zones, will be assessed at a flat rate. The methodology has remained the same under the provisions of Proposition 218. At this time, the estimated Fiscal Year 2608/2009 District exempt cost is $2,137,970. Based on this estimate, the citywide benefit assessment would be $64.60/EDU. The current assessment is $35.60. In 2006 staff estimated that at the current City limits at build -out the City would receive approximately $1,315,000 from 36,950 EDU's while expenditures would increase to approximately $1,617,000 for an n 4 anticipated approximate deficit of $304,000/year in 2025. This information was included with the 2007/2008 Financial Management Review. Proposition 218 does not allow for assessment increases unless approved by a 2/3 majority in a public vote. Balloting to raise the assessment can be initiated by the City Council at any time. The City Council may also want to consider in the future a special tax for parks. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology or other finance methods may be utilized in the subsequent fiscal years. The City Council is required to approve the preliminary Engineer's Report and schedule a Public Meeting and Public Hearing date to allow affected property owners an opportunity to provide public testimony regarding the proposed changes. Approval of the Preliminary Engineer's Report does not obligate the City to the fees proposed. Only after the Public Meeting and Public Hearing are conducted, can the City Council adopt assessment fees for Fiscal Year 2008/2009. The Public Meeting and Public Hearing are scheduled for the May 20, 2008 City Council Meeting. Upon conclusion of the Public Hearing, the City Council may approve the assessment levels based upon testimony received at the Public Meeting and Hearing. The Landscape and Lighting Act of 1972 allows the option of noticing the Public Meeting/Hearings for citywide districts through the newspaper or by individual notices. The estimated cost to provide individual notices is approximately $5,800. For the Fiscal Year 2008/2009, the City Council opted to notice the Public Meeting and Hearing in the newspaper, thus avoiding the $5,800 in estimated costs. The cost to notice in the newspaper is approximately $250. A copy of the proposed notice is provided (Attachment 2). To proceed with the recommended changes proposed in the preliminary Engineer's Report (Attachment 3) for the District, the City Council must: Adopt a resolution approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2008/2009; and Adopt a resolution declaring intention to levy annual assessments for construction, maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. A Public Meeting and Hearing will be scheduled to allow public testimony before the City Council. The Public Meeting and Hearing dates will be noticed through the newspaper unless otherwise directed by the City Council. Upon conclusion of the Public Hearing, the City Council may adjust the assessment levels as necessary and adopt a resolution confirming the assessment diagram and assessment level. i- 20 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, for Fiscal Year 2008/2009 and adopt a Resolution of the City Council declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof; or 2. Reject the Preliminary Engineer's Report and provide staff with possible revisions to the report for future consideration; or 3. Provide staff with alternative direction. Respectfully submitted, 1— T' othy R. J nas i , P.E. Public Works Direr/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Annual Activities Report 2. Proposed Notice of Public Meeting 3. Preliminary Engineer's Report .. 20 RESOLUTION NO. 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2008/2009 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta, California and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report"); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6`h day of May 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 249 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 0.1, 250 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment District 89-1," shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89-1 for the Fiscal Year commencing July 1, 2008 and ending June 30, 2009 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the Landscape and Lighting Assessment District 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council has previously formed Landscape and Lighting Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act") SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer's report for Landscape 251 and Lighting Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2008 and ending June 30, 2009 to pay for the costs and expenses of the improvements described in Section 4 hereof. SECTION 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 5. Notice is hereby given that May 20, 2008 at 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Meeting by the City Council to allow public testimony regarding the proposed increased assessment. SECTION 6. Notice is hereby given that May 20, 2008, at 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1 . Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. SECTION 8. The City Council hereby designates The Desert Sun as the newspaper in which notice of the Public Hearing shall be published. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 61h day of May 2008, by the following vote: AYES: NOES: 252 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 N. 253 ATTACHMENT 1 ANNUAL ACTIVITIES LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT Adopt the following Resolutions: 1. Approve Preliminary Engineer's Report (May 6, 2008)• 2. Intention to levy annual assessment and notice of Public Meeting/Hearing (May 6, 2008)• 3. Conduct a Public Meeting to allow testimony regarding the proposed assessments prior to Public Hearing (May 20, 2008). 4. Conduct a Public Hearing to allow written protests of the proposed assessment to be considered by the City Council prior to adoption of the final assessments (May 20, 2008). 254 ATTACHMENT 2 NOTICE OF PUBLIC MEETING AND HEARING BY THE CITY OF LA QUINTA LA QUINTA CITY COUNCIL CHAMBERS 78-495 CALLE TAMPICO PUBLIC HEARING/MEETING: May 20, 2008 TIME: 7:00 p.m TO CONSIDER: The Fiscal Year 2008/2009 Annual Assessment for Landscape and Lighting Assessment District 89-1 . Maintenance of landscape improvements in roadways and drainage facilities is a very important service in our community. Landscaping, if well maintained, provides beautification and enhancement to the surroundings, along with a positive effect on property values. Adequate street lighting and traffic signals are considered imperative for their contribution to public convenience and safety. At the Public Meeting, City staff will present the proposed assessment levy and will accept questions thereon. At the Public Hearing, the City Council will hear comments in support of and protests against the annual levy prior to acting on the levy of assessments for Fiscal Year 2008/2009. Any property owner may mail a protest against the assessment to the City of La Quinta, Timothy R. Jonasson, Public Works Director/City Engineer, P.O. Box 1504, 78-495 Calle Tampico, La Quinta, CA 92253. The Landscaping and Lighting Assessment District 89-1 is divided into zones based on the level of benefit. Citywide Benefits enhance the value of all properties within the District, and include the maintenance of medians, traffic signals and safety lighting in areas zoned commercial, on major thoroughfares, including all roadways that may be four lanes and greater, retention basins, bike trails and sidewalks. The costs of the City to administer these facilities are also considered a citywide benefit. Local Benefits include the operation, servicing and maintenance of the facilities serving only properties within localized areas, including maintenance of medians, back up landscaping, traffic signals and safety lighting on localized streets, which include all roadways that are two lanes. The facilities proposed to be maintained include local landscaping at La Quinta Highlands, Rancho Ocotillo, Cactus Flower, Acacia Homes, La Quinta del Oro and Topaz. The costs of the City to administer these facilities are also considered a local benefit. 255 The assessment rates for Fiscal Year 2008/2009 are based upon Equivalent Dwelling Units (EDU's). The subdivided single-family residential lots less than one acre in size have been selected as the basic unit for calculation of the benefit assessments. All single-family residential parcels less than one acre in size are assigned 1.00 EDU. In determining the EDU's for improved nonresidential properties and residential properties larger than one acre, parcels are assigned 5.00 EDU per acre, based on the average number of typical single-family residential lots per acre. Rural/Estate Residential is defined as "underdeveloped residential." This describes land zoned as residential which is greater than 1 acre in size, but has one residential unit. The first acre will be considered as one equivalent dwelling unit with a rate applied of 0.33 EDU's for each acre or portion thereof above and beyond the initial acre. Golf courses are assessed at the rate of 10% of developed nonresidential properties, or 0.50 EDU per acre with a minimum of 1.00 EDU per parcel. Properties with agricultural classifications are assessed at the rate of 5% of developed nonresidential properties or 0.25 EDU per acre with a minimum of 1.00 EDU per parcel. Parcels of land located in areas zoned Hillside Conservation will be assessed on the basis of allowable development, or 0.10 EDU per acre. Vacant property is assessed at the rate of 33% of developed property. Vacant residential parcels (single-family residential parcels less than one acre in size, which do not have structures on them) are assigned 0.33 EDU per parcel. Vacant nonresidential parcels (parcels which are not single-family residential parcels, and which do not have structures on them) are assessed based on their parcel size. Vacant nonresidential parcels in Annexation Area No. 9 will be assessed at a rate of 50% of those parcels located outside Annexation Area No. 9. The annual assessments generated by the existing 1972 Act City of La Quinta Landscaping and Lighting District will fund the cost of providing installation, servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities within the City of La Quinta that are exempt under provisions of Proposition 218 voted in by the California residents during the November 1996 election. FOR ADDITIONAL INFORMATION, CONTACT MR. TIMOTHY R. JONASSON, P.E., PUBLIC WORKS DIRECTOR/CITY ENGINEER AT (760) 777-7051 . 256 ATTACHMENT 3 City of La Quinta ENGINEER'S ANNUAL LEVY REPORT Street Lighting and Landscape District No. 89-1 Fiscal Year 2008/2009 INTENT MEETING: May 6, 2008 PUBLIC HEARING: May 20, 2008 Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 MuniFinancial Office Locations: Lancaster, CA Oakland, CA Sacramento, CA Phoenix, AZ www.muni.com Orlando, FL Memphis, TN Seattle, WA *. 257 ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: City of La Quinta Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of MuniFinancial Assessment Engineer On Behalf of the City of La Quinta By: Adina Vazquez, Senior Project Manager District Administration Services r_ By:� Richard Kopecky R. C. E. # 16742 K111Z1 253 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO.89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of 2008 BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of 2008. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of 2008. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California 259 TABLE OF CONTENTS I. OVERVIEW...........................................................................................1 A. INTRODUCTION.......................................................................................................1 B. HISTORICAL BACKGROUND AND LEGISLATION...........................................................2 II. DESCRIPTION OF THE DISTRICT......................................................2 A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT ................................2 B. IMPROVEMENTS WITHIN THE DISTRICT.....................................................................2 III. METHOD OF APPORTIONMENT.....................................................3 A. GENERAL..............................................................................................................3 B. BENEFITANALYSIS.................................................................................................4 C. METHODOLOGY.....................................................................................................5 IV. DISTRICT BUDGETS........................................................................8 A. DESCRIPTION OF BUDGET ITEMS.............................................................................8 B. 2008/2009 DISTRICT BUDGET................................................................................9 APPENDIX A - DISTRICT ASSESSMENT DIAGRAMS ..........................12 APPENDIX B - 2008/2009 ASSESSMENT ROLL...................................13 •. 269 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-I I. Overview A. Introduction The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the "1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2008/2009. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ('•APN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2008/2009 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2008/2009. MuniFinancial Page l 261 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-I B. Historical Background and Legislation The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years' costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. II. Description of the District A. District Boundaries and Specific Areas of Improvement The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. Improvements Within the District The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. MuniFinancial Page 2 '' 26,E City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this report. Ill. Method of Apportionment A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. MuniFinancial Page 3 �- 263 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 B. Benefit Analysis Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well -maintained parks, landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well -maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. MuniFinancial Page 4 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: • Enhanced deterrence of crime — an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. Methodology Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Dwelling Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EDU. The EDU method assessment for this District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR") parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relative special benefits compared to the Single Family Residential parcel. MuniFinancial Page _� 265 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. Land Use EDU Factor Exempt Parcels 0.0 Single Family Residential Parcels 1.0 per unit Non -Residential Parcels 5.0 per acre; 1.0 minimum Vacant Residential Parcels 0.33 per unit Vacant Non -Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum Agricultural Parcels 0.25 per acre; 1.0 minimum Hillside Conservative Zone Parcels 0.10 er acre Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential 1 1.0 + 0.33 per acre in excess 1 acre Single -Family Residential The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EDU. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. MuniFinancial rage o 266 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EDU per parcel. Vacant Non -Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non -Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. MuniFinancial Page 7 267 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2008/2009 over or above the maximum rate established. The proposed rate per EDU for Fiscal Year 2008/2009 is the same rate assessed for Fiscal Year 2007/2008. The base assessment rate to be approved for Fiscal Year 2008/2009 is $35.60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EDU. This equates to total projected assessment revenue of $937,855. The City proposes the remaining $2,680,249 be funded through a General Fund contribution of $2,462,249 and $218,000 of revenue from CSA 152. IV. District Budgets A. Description of Budget Items The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel — Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services — Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. MuniFinancial rage tt 268 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Uniform Rental Services — Reflects funds used for the purpose of uniform rental. Vehicle Operations — Includes the maintenance of fleet vehicles. Utilities — Includes the electric, telephone, and water services. Travel Training & Meetings — Reflects the funds used for the purposes of training and meetings. Information Technology — Includes computers, printers, and other related items and services. Operating Supplies — This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Operating Supplies and Software — This item reflects the costs of software programs. Small Tools/Equipment— Includes non -capital small tools and equipment. District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. B. 2008/2009 District Budget For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2008/2009 is summarized on the next page in Table 1. MuniFinancial Page 9 V. 269 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Table 1 Fiscal Year 2008/2009 Bud et Ex enditures Fundin Fiscal Year 2008109 L & L Assessments General Fund -Parks Personnel Salaries -Permanent Full Time $194,000 $81,100 $112,900 Other Benefits & Deductions 80,400 34,150 46,250 Stand By Stand By Overtime Overtime Total Personnel $274,400 $115,250 5159,150 Contract Annual Lighting & Landscape Report $15,000 $15,000 Services Civic Center Campus Lake Maintenance 4,000 4,000 Landscape Lighting Maintenance 184,470 150,470 34,000 Riverside County Tax Roll Admin Fee 6,000 6,000 Citywide Maintenance Contract 1,307,440 860,640 446,800 Maintenance/Repair/TrafficSignals 114,000 102,500 11,500 Tree Trimmin 83,500 71,500 12,000 Janitorial Services 26,500 26,500 Securi Service - Corporation Yard 2,350 1,100 1,250 Total Contract Services $1,743 260 $1,2071210 $536,050 Rental Services Uniforms $1,200 $1,200 $0 $0 Total Rental Services $1,200 $1,200 Vehicle Facilities Charges $410,560 $410,560 Operations Fleet Maintenance 4,962 4,962 $4,962 0 $410,560 Total Vehicle Operations $415,522 Utilities Electric $522,800 $391,300 $131,500 Phone 500 500 Water 277,400 167,200 110,200 Total Utilities $800,700 $558,500 $242,200 Travel Training $1,950 $950 $1,000 & Meetings Total Travel Training & Meetings $1,950 $950 $1,000 $5,940 Information Computers Printers and Services $11,117 $5,177 Technology Total Information Technology $11,117 $5177 $5,940 Operating Plant Replacement $61,000 $55,000 $6,000 Supplies Graffiti Removal 30,000 10,000 20,000 Safety Gear 600 400 200 Field Materials 150,000 100,000 50,000 Total Operating Supplies $241,600 $165,400 $76,200 Small Tools / Non -Capital $250 $250 $0 $0 Equipment Total Small Tools/E ui ment $250 $3,489,999 $250 $2,058,899 $1.431,100 Total Landscape & Lighting Budget $0 District Public Works Administration $43,486 $43,486 49,034 Administration Ci ide Administration 84,619 $128,105 35,585 $79,071 $49,034 Total District Administration Total Landscape & Li hting Expenditures $3,618,104 $2,137,970 $1,480,134 Less CSA 152 Revenue $218,000 Less General Fund Contribution 2,462,249 Balance to Levy $937,855 Total EDU 26,345 Levy Per EDU $35.60 Page 10 s, 279 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. and Use FY 2008/2009 Parcel Count County Acres Prior Year Applied EDU Prior Year Applied Le FY 2008/2009 EDU FY 2008/2009 Le tural Parcels 23.0 428.1 247.7 8,819.7 107.9 3,842.7 t Parcels 2105.00 9761.1 0.00 0.00 0.0 0.00 urse Parcels 297.00 3,552.13 1,881.1 66,967.5 1,833.33 65,264.7 Conservation Parcels 12.0 319.1 31.91 1,135.9 31.91 1,135.9 amil Residential Parcels P 38.0 92.8 0.0 0.00 6esidential Parcels 218.0 493.41 1,878.2 66,863.9 2,489.7 Estate Parcels 62.0 127.5 60.45 2,151.E 95.9 Famil Residential Parcels 19,206.00 1,84182 19,6320f/ Remote Parcels 2700 4590 t Non -Residential Parcels0 7067 t Residential Parcels 2,432.0 1,29072.60.501 20,479.1 802.5 28,551.E otal 24,889.0 19 25 74575.E 5.E $916,527.6 26,344.9 $937,855.1 (1) The difference in the "Balance to Levy" figure in the previous table and the land use classification proposed levy in this table is due to the Riverside County even penny requirement for each charged parcel. For Fiscal Year 2008/2009, there was a 599.27 increase in the total EDU assessed. The difference is due to changes in County Land Use Classifications and development. MuniFinancial Page 11 •._ 271 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Appendix A — District Assessment Diagrams The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. ManiFinancial Page 12 '. 272 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-I Appendix B - 2008/2009 Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non -assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2008/2009. If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. MuniFinancial Page 13 273 �s y (V OF TKE� COUNCIL/RDA MEETING DATE: May 6, 2008 AGENDA CATEGORY: ITEM TITLE: Consideration of Approval of a Professional BUSINESS SESSION: J Services Agreement with MuniFinancial to Form a CONSENT CALENDAR. Citywide Park District to Fund Ongoing Maintenance of Existing Parks Under the Provisions of the Landscaping STUDY SESSION: and Lighting Act of 1972 PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by City Council. FISCAL IMPLICATIONS: The proposed Fiscal Year 2008/2009 budget includes $100,000 in Account 101- 7004-431.32-07. Generally speaking, the cost for the feasibility study and benefit analysis, district formation and property owner balloting services is $67,300. Public outreach services range from approximately $12,600 to $30,000 depending on the complexity of the strategy, the number of public meetings, as well as the polling services selected. If an assessment district is created some of the costs for forming the district could be included as part of the annual assessments. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 1989, the City Council formed a Citywide Landscape and Lighting Assessment District to fund costs associated with the maintenance, construction and servicing of landscape areas, street lights and traffic signals. Pursuant to the Landscape and Lighting Act of 1972, the City must annually perform a series of activities associated with the District, as outlined in Attachment 1. The fees for MuniFinancial's 1972 Act Formation Services are located on page 10 of "Exhibit A" Scope of Services. In order to levy any new or increased assessments, the City must conduct a property owner protest ballot proceeding in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). This process involves the mailing of a notice and ballot 45-days prior to a scheduled public hearing. Upon completion of the public hearing, ballots returned are opened and tabulated to determine if majority protest exists. Determination of ballot outcome is based on a simple majority of only those ballots returned, with each parcel's ballot being weighted on according to its proportional assessment amount. ($ Yes versus $ No). As a result, the City's annual assessment for public landscape and lighting maintenance has remained at $35.60 per equivalent dwelling unit (EDU) since 1985. However, balloting to raise the assessment can be initiated by the City Council at any time. Formation of a separate parks assessment district would require a feasibility study and benefit analysis to determine assessable maintenance costs and special benefit provided by the City's parks and recreation facilities. In addition to this work, normally public outreach is conducted in order to educate property owners as to what services their assessments are intended to cover. At the February 5, 2008 City Council meeting on funding options for the City's Landscape and Lighting District, staff was directed to bring back a proposal for preparing an engineer's report, feasibility study and supporting district formation services for a potential parks assessment district. Attached is a Professional Services Agreement (PSA) including a proposal from MuniFinancial outlining the scope of services and fees to assist the City in the formation of a Citywide Park District in order to fund ongoing maintenance of existing parks. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with MuniFinancial to assist the City in forming a Citywide Special Assessment District for parks under the provisions of the Landscaping and Lighting Act of 1972; or 2. Do not approve a Professional Services Agreement with MuniFinancial to assist the City in forming a Citywide Special Assessment District for parks under the provisions of the Landscaping and Lighting Act of 1972; or 3. Provide staff with alternative direction. 4,, 275 Respectfully submitted, othy R. J nas Public Work Dire r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement - MuniFinancial 276 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and MuniFinancial ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Landscape and Lighting Act of 1972 — District Formation Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. °. 277 a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation) in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction V. 273 costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on July 1, 2008 and terminate upon completion of work. This agreement may be extended upon mutual agreement by both parties. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect M_ 279 until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any 4. 289 time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither 0- 281 City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties) from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any a, 282 negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, to the extent resulting from the negligence, recklessness or willful misconduct in the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 4. 283 b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties) from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to a.. 28 t which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such V. 285 proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage, ten (10) days notice if cancellation is due to nonpayment of premium. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 286 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 0 287 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. A- 20J In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. A. 289 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 299 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico To Consultant: MuniFinancial Attention: Frank Tripepi Title: President/CEO 27368 Via Industria, Suite 110 4. 291 P.O. Box 1504 Temecula, California 92590 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. A. 292 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: Date: *• 293 Exhibit A Scope of Services 29A Ext+i &iT W MuniFinancial's Proposal to the City of La Quinta Landscape and Lighting Act of 1972 District Formation Services 27368 Via Industria, Suite 110, Temecula, California 92590 S. 1 2.9 5 J� �I Y� I • April 16, 2008 Mr. Timoth R. Jonasson Public Works Director/City Engineer City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Re: Proposal to Provide Landscaping and Lighting Act of 1972 District Formation Services to the City of La Quinta Dear Mr. Jonasson: Per your request, the following contains MuniFinancial's proposed scope of services and fees to form a Citywide Park District to fund ongoing maintenance of existing parks under the provisions of the Landscaping and Lighting Act of 1972. In this proposal we have provided the resumes of our staff that are scheduled to work on this project as well as a summary of the estimated hours and costs associated with key elements of the project. We appreciate this opportunity to assist the City of La Quinta and look forward to hearing working with you on this project. Please feel free to contact me directly at (951) 587-3536 or via email at jimm@muni.com if you have any questions regarding our proposal. Sincerely, MUNIFINANCIAL Jim McGuire, Senior Project Manager Financial Consulting Services Division Enclosure 27368 Via lndastrla, Ste 110 Temeada, Cagonua 92590 )PIP)P.A1nnt(0)11 1 ei. (951) 58/-S5uu Nan (951) 587-3510 a 0 1 TABLE OF CONTENTS SCOPEOF SERVICES............................................................................. 1 Phase 1: Feasibility Study and Benefit Analysis 1 Phase 2: Development of Outreach Strategy 3 Phase 3: District Formation Services 4 Phase 4: Public Outreach 6 Phase 5: Property Owner Balloting 7 FEEFOR SERVICES............................................................................. 10 Hourly Rates 11 Reimbursable Expenses 11 Proposed Summary of Hours & Fees 12 PROJECTTEAM................................................................................... 13 Resumes 13 Chris Fisher 14 Jim McGuire 16 Camille Mahant 17 Jennifer Carter 18 Richard L. Kopecky 19 Page i MuniFinancial 297 SCOPE OF SERVICES The following scope of services outlines the various steps that MuniFinancial will perform as needed to assist the City of La Quinta with the formation of a Citywide Special Assessment District for parks under the provisions of the Landscaping and Lighting Act of 1972. Since the overall approach to establishing a Citywide District can vary significantly, especially for public education and outreach efforts, the following scope of services has been segmented into phases, each focusing on the different elements of the formation process. This phased approach provides the City with the greatest flexibility to modify the formation process based on the level of public education and outreach that may be required. PHASE 1 : FEASIBILITY STUDY AND BENEFIT ANALYSIS The overall goal of this project is to form a Citywide District that will provide a stable revenue source to support the City's parks and recreation improvements. However, the burden of establishing special benefit and assessments for such improvements requires a careful review and evaluation of the improvements and services to be provided, the costs associated with those improvements and the relationship these improvements have to various properties in the City. Working closely with City staff, MuniFinancial will evaluate the overall extent of the improvements and annual maintenance requirements, possible upgrades and initial capital investment needs, as well as long term rehabilitation and replacement projects associated with the proposed district improvements and facilities. Utilizing this evaluation of the various park and recreation improvements, we will work with the City to develop an appropriate budget and financing plan to support the various improvements and activities. Based on the improvements and services and their relationship to properties, MuniFinancial will develop an appropriate cost allocation analysis and district structure based on a specific assessment methodology applicable to the improvements and services to be provided. Inevitably, some improvements and services will be considered general benefit, and although these improvements must also be evaluated and considered, these costs cannot be assessed. While it may be more desirable to establish a District with a single zone of benefit (single assessment rate), it is often necessary to utilize more than one zone of benefit to address significant variations in the amenities, park types, funding needs and proximity to the various improvements throughout the City, particularly because some parks and facilities may be identified entirely as a local or neighborhood benefit rather than a citywide benefit. These considerations, combined with the overall budget for such improvements and services, will establish the proposed assessments, which ultimately the property owners will be asked to support through a balloting process. We will work with City staff to evaluate the full extent and location of the various improvements to be maintained and/or installed to develop a reasonable benefit nexus and cost allocation (assessment methodology) for the special benefits received by each parcel within the proposed district. MuniFinancial will perform the following tasks as Phase 1: • Consult with City staff to obtain needed documentation and data that will aide our analysis of the City, the improvements, facilities and services to be funded by the District. These documents and information may include but are not limited to: City boundary and parcel MuniFnandal Page' �. 293 maps; an electronic data file of all parcels within the City including related parcel information; zoning maps; lists of specific improvements and maintenance requirements; improvement diagrams; planned or potential park expansion or upgrade projects; summary information regarding current service levels; statistical information that may identify or support the overall use of the various park facilities by residents and non-residents; and budget and financing information related to both existing improvements and facilities as well as any new facilities planned for the future. We anticipate this step will involve one (1) project kick-off meeting at City offices to discuss these issues and gather needed documentation. • Using base electronic parcel information provided by the City, develop a district database that contains all properties currently in the City. This base data will be merged and compared to current County Assessor's Office secured roll data to identify any parcel discrepancies and establish specific property characteristics of each parcel in the City. This information will be enhanced through parcel research and specific information provided by both the City and County. It will then be incorporated into our assessment models to establish benefit zones and an appropriate method of apportionment. This database will eventually contain the calculate assessments for each parcel and the data used to generate the District assessment roll and ballots. • Review maps and improvement information provided by the City to evaluate the specific improvements and/or service associated with the various park facilities. We will work closely with City staff to develop a complete and detailed list of improvements and activities associated with each park facility. The development of an accurate and comprehensive improvement list is critical to the development of the district budget and the evaluation of benefit. This comprehensive fist of improvements and activities will likely focus on the details of the various park facilities including square footages of turf; shrubs and hardscape areas; variations in recreational facilities such as the size and number of ball fields, courts, and playground equipment; as well as other related improvements such as parking lots, restrooms, picnic facilities, etc. While a general listing of park improvements (existing and proposed) can usually be utilized to develop an overall special benefit nexus, detailed information will likely be required to establish an appropriate budget and refine the benefit nexus. We anticipate this step will involve one (1) meeting at City offices to discuss and refine the improvement information. • Utilizing the improvement information developed with City staff, we will assist the City with formulating an appropriate budget for the improvements and services, focusing on accurate accounting and full cost recovery. We will assist City staff with incorporating the accurate improvement costs (including annual and long-term maintenance costs; loan repayment for construction and installation or other capital projects; replacement and rehabilitation costs; establishment of adequate reserve funds; and identification of revenue contributions from other sources including general benefit allocations) into the district budget to achieve maximum cost -to -benefit equity. • Utilizing the parcel and budget information previously developed, we will formulate up to two (2) district structure and/or method of apportionment options that would be applicable to the various improvements and services to be funded, and for which a reasonable special benefit nexus could be supported. If more than one district structure or apportionment is formulated, we will prepare a summary assessment evaluation that identifies the anticipated assessments and the pros and cons of each option for discussion MuniFinancial Page 2 299 with the City staff. If necessary, we will participate in one (1) working meeting with City staff to discuss the options in order to formulate a recommended approach. • Based on previous discussions with City staff, we will finalize the recommended approach and resulting assessment rate(s) in a Summary Technical Memorandum. This document may include the proposed district budget; identification of any proposed zones; special versus general benefit allocations; method of spread and related tables and diagrams. When finalized with City staff, this memorandum will contain much of the statistical information and analysis that will form the basis of the Engineer's Report to be prepared for this project. This memorandum may be incorporated into a presentation to the City Council for their consideration and comment before moving forward with the formation process. Phase 1 Meetings. We will attend up to three (3) meetings at City offices during the course of Phase 1. PHASE 2: DEVELOPMENT OF OUTREACH STRATEGY Public Outreach and education efforts can involve a variety of mechanisms and tools including but not limited to: surveys; property owner workshops; public meetings before the City Council; informational mailers; articles in newspapers, newsletters or other local circulations; and the support of local advocacy groups, such as sports organizations and the Chamber of Commerce. Generally, the success of the property owner ballot proceedings for large districts, particularly Citywide Districts, is greatly improved by effective communication and a substantial public outreach effort is often warranted. However, until the assessment analysis of Phase 1 has been completed, it is difficult to identify which public communication activities and approaches are most appropriate. Therefore, the next step in the formation process is to identify and discuss the timing and extent of the overall public outreach effort to be implemented for this project. MuniFinancial will perform the following tasks as Phase 2: The first step in developing an outreach strategy requires the City Council's buy -in to the proposed district structure and assessments as well as their input on the outreach efforts. Therefore, we will work with City staff to develop a PowerPoint presentation for the City Council that provides: An overall background of the park system and the goal for establishing a citywide assessment district. > A summary of the findings and recommendations outlined in the Summary Technical Memorandum, prepared and discussed with City staff in Phase 1, outlining the proposed District structure, the overall budget including the allocation of general benefit, the proposed method of apportionment, and the resulting assessments. > An overview of the process and considerations for implementing a Citywide 1972 Act District (Balloting Process). > A summary of various public outreach and education efforts that may be implemented. MuniFnaneial Page 3 A- 309 • Once the PowerPoint presentation has been finalized with City staff, we will assist staff with presenting the PowerPoint to the City Council at one (1) Council study session. We will be available to answer questions. While this presentation can be made at a regularly scheduled Council meeting, the goal is to stimulate discussion amongst Council members that ultimately leads to providing input and direction to City staff regarding the future course of action. This is usually better suited for a study session rather than a regular Council meeting. • Based on Council direction, MuniFinancial will meet with City staff to discuss the outreach and educational efforts to be implemented and the timing with respect to the overall formation process ("Outreach Strategy'. While MuniFinancial has extensive experience with various public outreach efforts and can assist the City with specific elements, our focus is to work with the City in coordinating the effort as a whole, within the requirements of forming an assessment district. It may be necessary to utilize the services of other firms specializing in surveys or public relations for certain aspects of the public outreach and education efforts. (Please refer to Phase 4 Public Outreach.) If it is determined that a survey of the community would be beneficial to test the waters for the proposed assessments, this should be done before Phase 3 is completed. In addition to coordinating the overall public outreach strategy with the City, MuniFinancial can assist with specific elements of the public outreach effort including assisting the City with conducting various property owner workshops; developing and mailing various informational pieces such as workshop invitations/postcards, Frequently Asked Question (FAQ) Guide (general informational piece), and targeted informational pieces that emphasize the need and importance of the assessments for specific groups. If the City wishes to implement a more concentrated outreach effort (that may include radio spots, newspaper releases or enhanced graphic designs for property owner mailings) to garner support for the district formation and assessments, we suggest that a consulting firm specializing in public relations be retained by the City to conduct such an effort. Regardless of whether the City chooses to utilize the services of a public relations consultant or not, MuniFinancial will assist the City with coordinating and scheduling of public outreach efforts based on our findings and recommendations for the District assessments. Phase 2 Meetings. We will attend two (2) meetings at City offices during the course of Phase 2: one (1) City Council session, and one (1) meeting with City staff to develop the outreach strategy. PHASE 3: DISTRICT FORMATION SERVICES Upon completion of the Feasibility Study and Benefit Analysis (Phase 1) and establishment of the Public Outreach Strategy (Phase 2) and the City's authorization to proceed, we will prepare the necessary documentation to form a Citywide 1972 Act District for park and recreation improvements. This document preparation includes the required Engineer's Report, Resolutions and the required notices and ballots. MuniFinancial will perform the following tasks as Phase 3: • In accordance with the Landscaping and Lighting Act of 1972 and the provisions of the California Constitution (Proposition 218), MuniFinancial will prepare an Engineer's Report for the district to include the following items: wniFinancial Page 4 V. 301 > Plans and specifications that describe the district, zones and improvements. > Method of apportionment that outlines the special benefit conferred on properties within the district from the improvements and the calculations used to establish each parcel's proportional special benefit assessment, as well as a description of any proposed inflationary adjustment that may be applied in subsequent fiscal years. > Budget that outlines the costs and expenses to provide the improvements and related activities authorized by the Act and applicable to the district. > Assessment diagram that identifies the boundaries of the district and zones therein (if applicable). > Assessment roll containing each of the assessor parcel numbers that comprise the district and the proportional maximum assessment. > Affidavit stating the Report has been prepared by a professional engineer. MuniFinancial will provide the City with an electronic copy of the Engineer's Report for City staff review and comment prior to City Council action (Intent Meeting). When finalized with City staff, a final electronic version of the Report will be provided to the City, that the City Clerk may incorporate into the City Council's agenda package. • Prepare resolutions for the Intent Meeting. > Resolution Initiating Proceeding; and, > Resolution Adopting the Engineer's Report and/or Resolution of Intention. MuniFinancial will provide the draft resolutions to staff prior to the City Council agenda deadline for City review and comment. All draft resolutions should be reviewed by the City Attorney for form and content prior to finalizing these documents for City Council action. Note: Typically at the Intent Meeting, the City Council would adopt the "Resolution of Intention" (that sets the Public Hearing date and calls for mailed ballots). However, setting the Public Hearing date at this initial meeting may be premature because public outreach efforts may be modified or expanded during the course of the project. Once a final date for the Public Hearing is confirmed, the City Council may adopt the Resolution of Intention (either at this initial meeting or at a later date). • At the City's request, MuniFinancial will review and comment on the staff reports prepared by the City in connection with the proposed assessment proceedings. (Intent Meeting staff report). • Attend the City Council Intent Meeting and be available to answer questions that the City Council may have regarding the formation of the district. • After the City Council Meeting, if necessary, update the Engineer's Report to reflect changes ordered by the City Council. These changes will be incorporated into the mailing database prior to the mailing of ballots (if applicable) and will be incorporated into the Final Engineer's Report (if necessary) for presentation to the City Council at the Public Hearing. • Prepare resolutions for the Public Hearing. MuniFinancial Page S •- 302 Resolution Declaring Results of the Protest Ballot Proceedings; and, Resolution Approving the Engineer's Report; and, Resolution Forming the District and Ordering the Levy and Collection of Assessments. MuniFinancial will provide the draft resolutions to staff prior to the City Council agenda deadline for City review and comment. All draft resolutions should be reviewed by the City Attorney for form and content prior to finalizing these documents for City Council action. Phase 3 Meetings. We will attend one (1) meeting during the course of Phase 3: one (1) City Council meeting to attend the Intent Meeting. PHASE 4: PUBLIC OUTREACH As part of an overall education effort, MuniFinancial will perform the following tasks to assist the District with its public outreach and communications with the affected property owners within the proposed district. Once the Outreach Strategy (Phase 2) is finalized, MuniFinancial will assist City staff with the coordination of this effort. Many of the public outreach efforts will be preformed concurrently with the tasks outlined in Phase 3. Regardless of whether the City chooses to utilize the services of a public opinion polling firm and/or public relations firm, MuniFinancial will assist the City with coordinating and scheduling of public outreach efforts based on our findings and recommendations for the District assessments and the provisions of the 1972 Act and the California Constitution. OPTIONAL POLL/NO BEKV/CES It is a challenging task to conduct public opinion polls that accurately determine funding levels likely to be approved in an election. Few people are inclined to admit they welcome new taxes, assessments or fees on themselves. The accuracy and success of such projects require detailed and well-informed preparation, a carefully worded survey instrument, and sophisticated, experienced analysis of the responses. If a polling program was initiated, the following tasks would be required: • Initial Survey design and field test. Design a survey instrument for review and discussion. The instrument will test the target population's attitudes toward the proposed district and assessment, including a test of different levels of funding. • Drawing the sample survey population. • Fielding of the survey(s) can be completed either by mail, telephone, online or in a combination of telephone, and mail and online questions, depending on the specific needs, goals, budget, timeline and target audience. • Following the completion of fieldwork, interpretations of, and conclusions from, the results will be provided. Responses can be analyzed by age, income, and other key demographic and community divisions. • Present results. Page 6 MuniFinancial +. 303 MuniFinancial can recommend potential polling firms to complete the public opinion survey on the City's behalf. MUNIFINANCIAL PUBLIC OUTREACH 5ERVICE8 MuniFinancial can assist the City with specific elements of the outreach effort focused on informing property owners of the issues and aspects of the proposed district and assessments, including the development and mailing of an informational piece, such as a Frequently Asked Question (FAQ) Guide, as well as facilitating discussions at public workshops. • Public Information Meetings: Our proposed scope of work and fees anticipates our participation at one (1) or more public outreach meetings. While we anticipate that City staff will conduct and facilitate public outreach meetings, MuniFinancial will support staff in these efforts by being available to answer questions regarding the Engineer's Report, the establishment of the proposed assessments and the assessment balloting process, as requested by the City. Because the number and type of workshops is difficult to predict, the Fee for Services provides a fee ranges for attendance at these meetings. • Develop and Mall FAQ Guide: Generally, when a City is proposing a new assessment for existing developments, it is essential that the City communicate the improvement plans and proposed assessments in advance of the actual ballot proceedings. To assist the City with this communication effort, MuniFinancial proposes to prepare and mail to each property owner an informational piece (FAQ Guide). This document will present several questions and corresponding answers for typical issues raised by property owners. We recommend that the FAQ Guide be mailed to property owners preparatory and often in conjunction with a scheduled public information meeting prior to the ballot mailing. However, if the City prefers not to conduct a public information meeting(s), a similar FAQ Guide can be issued in conjunction with the assessment notice and ballot mailing. The guide itself can be drafted as a single -page, double -sided, black and white document mailed in an envelope (with City Logo), or may be a tri-fold brochure format, printed in one or two colors. PHASE 5: PROPERTY OWNER BALLOTING Based on the City Council's Resolution of Intention setting the Public Hearing date, we will prepare and facilitate the mailing of the required Notice of Public Hearing and Assessment Ballots pursuant to the provisions of the California Constitution Article XIIID. MuniFinancial will perform the following tasks as Phase 5: • Prepare the required notice of public hearing and ballots in accordance with the requirements of the California Constitution (Proposition 218). MuniFinancial will use the latest property owner information from the County Assessor's Office secured roll for ownership and mailing information and, as warranted, incorporate updated data provided by the City. Prior to mailing, we will forward samples of the notices and ballots to the City for review and comment. • MuniFinancial will be responsible for preparing the notice and ballots and coordinating the printing, processing and mailing (first-class) of these documents. The printed piece will be in black and white format and will consist of a single page (double -sided) notice of the public hearing accompanied by a single page (double -sided) ballot and a pre -addressed Munnnancial Page 7 9. 304 return envelope (without postage). Notices and ballots shall be mailed to the property owners of record at least 45 days prior to the Public Hearing. Due to the number of notices and ballots to be mailed, MuniFinancial will outsource the actual printing, processing and mailing of the documents, the cost of which, including postage will be billed to the City at our cost. • While MuniFinancial will facilitate the mailing of all documents to the property owner(s) of record in accordance with Proposition 218 and applicable provisions of the California Government Code utilizing the latest property owner information from the County Assessor's Office secured roll, the City should expect that some documents will be returned to the City as "undeliverable" and/or that some property owners may not receive their notices and ballots. If requested, MuniFinancial will prepare and re -mail replacement notices/ballots to property owners requesting a replacement ballot, and/or research and re -mail notices/ballots for those properties that were returned to the City as "undeliverable". These efforts would be in addition to our proposed scope of services and would be billed to the City on a time and material basis. • Attend the Public Hearing, and be available to answer questions the City Council may have regarding the district, assessments and procedure. • In cooperation with the City Clerk, tabulate the assessment ballots after the close of the public hearing. We have developed proprietary software capable of tabulating approximately 400 to 700 ballots per hour. MuniFinancial will provide the balloting results to the City Clerk once tabulation is completed. • We will be available by telephone to answer questions regarding the formation process from City staff and property owners during the course of the formation of the district. Phase 5 Meetings. We will attend up to (1) meeting during the course of Phase 5: one (1) City Council meeting to attend the Public Hearing and tabulate the ballots. MuniFnancial Page 8 0. 305 CITY RESPONSIBILITIES The City will prepare or provide the following, if necessary: • Provide any information regarding current zoning, existing land uses, and proposed property development, as required. • Provide detailed descriptions of the improvements to be included in the district, including a breakdown of existing improvements and proposed capital improvement and installation plans. • Provide either electronically or in hard copy, various maps of the City as needed for MuniFinancial to perform the assessment evaluation, including boundary maps, general plan maps, improvement maps, zoning maps, assessor parcel maps, subdivision maps, or related development diagrams. • Provide all pertinent budget information including estimated construction and installation costs, projected annual maintenance costs, other capital expenditures, City overhead and available funding from other sources that can be used to offset costs. • Provide sample City resolutions in electronic format and in sufficient detail to establish the required format for resolutions to be prepared by MuniFinancial. • Prepare all internal memos, staff reports and other supporting documents necessary for City Council agendas. • Provide electronic data of parcels within the proposed district including assessor parcel numbers and related development information. • Arrange for any required publications notice of Council meetings or Public Hearings in the local newspaper. • Utilizing the City's GIS capabilities, the City will prepare and print related zone and boundary diagrams to be included in the Engineer's Report or recorded with the City Clerk or County. • Review the draft reports and resolutions before the final documents are prepared. This review is typically performed by Department staff but may include the City Attorney. Requested changes shall be submitted to MuniFinancial in writing. The City acknowledges that MuniFinancial shall be relying upon the accuracy and validity of the information provided by the City and the County and agrees that MuniFinancial shall not be liable for any inaccuracies contained in such information. Legal Opinions. In preparing the resolutions, notices and ballots, MuniFinancial will provide our professional expertise. Since we do not practice law, we ask that your City Attorney, or other designated counsel, review the documents. We will assist your attorney in identifying any pertinent legal issues. Page 9 MuniFinandal 306 FEE FOR SERVICES MuniFinancial will perform the tasks described in our scope of services for the fees outlined below. MUNIFINANCIAL FEE FOR SERVICES 1972 ACT FORMATION SERVICES CITY OF LA QUINTA SERVICE FEE Phase 1: Feasibility Study and Benefit Analysis $45,000 Phase 2: Development of Outreach Strategy $3,500-$5,000* Phase 3: District Formation Services $15,500 Phase 4: Public Outreach Coordination of Public Outreach Efforts $ 5,000 Public Information Meeting (per meeting) $1,250-$3,500* Develop and Mail FAQ Guide $ 2,800 Polling Services (Subcontractor) TBD Public Relations (Subcontractor) TBD Phase 5: Property Owner Balloting $ 6,800 *Price dependent upon meeting preparation required. Notes: • The fees above include up to seven (7) meetings, excluding the public information meeting(s), as described in our scope of services. We will participate in additional meetings requested by the City for an additional fee. • Additional meetings or tasks outside our proposed scope of work will require an additional fee. • The fees outlined above do not include mailing costs (printing, processing and postage) associated with the notices, ballots, workshop notices/informational mailer, and FAQ guide. The cost of these mailings is estimated to be approximately $1.00 to $1.50 per parcel and will be billed to the City of La Quinta at our cost, with no overhead mark-up. Generally, it is more cost effective and efficient to utilize a mail house subcontractor to print, process and mail the various documents to property owners. MuniFinancial will coordinate these efforts and will invoice the City for these costs which will likely require the City to pay for estimated postage and/or a portion of the services in advance. The timing and need for any advance payment will be discussed with the City before MuniFinancial implements such services. Ill MuniFinancial Page 10 A. 307 • The fees above include our estimated travel time for various meetings and workshops, but do not include travel, copying, and mailing expense. (see Reimbursable Expenses below). • Telephone conference calls are not considered "meetings" for the purpose of our proposal and are not limited by our scope of services. • We will invoice the City of La Quinta monthly based on percentage of project completion. HOURLY RATES Additional services authorized by the City of La Quinta will be billed at our current hourly billing rates. MUNIFINANCIAL HOURLY RATE SCHEDULE TITLE HOURLY RATE Division Manager $200 Principal Consultant $190 Principal Engineer $170 Senior Project Manager $155 Project Manager $135 Senior Project Analyst $120 Senior Analyst $110 Analyst $90 Analyst Assistant $75 Property Owner Services Representative $55 Support Staff $50 REIMBURSABLE EXPENSES MuniFinancial will be reimbursed, at cost, for out-of-pocket expenses. Examples of reimbursable expenses include, but are not limited to: postage, travel expenses, mileage (50.5¢ per mile), the cost of maps or electronic data furnished by the County and/or other applicable resources, development and preparation of diagrams, and copying (currently 6¢ per copy). These expenses will be billed to the City of La Quinta, at our cost, with no overhead markup. ism i22Mun!Financial Page 11 V. 303 PROPOSED SUMMARY OF HOURS & FEES of Services Total Cost 1: Feasibility Study and Benefit Analysis Project Coordination & Meetings 68 9,360 Database Preparation & Improvement & Budget Analysis 170 19,620 Development of Method of Apportionment & Memorandum 122 16,020 360 $ 45.000 2: Development of Outreach Strategy Project Coordination & Meetings 17 2,385 Development of Power Point Presentation & Final Plan 24 2,615 41 $ 6,000 3: District Formation Services Preparation of Documents 108 13,790 Meetings and Document Modifications 13 1 .71 0 121 S 16,500 4: Public Outreach Coordinator of Public Outreach Efforts 32 5,000 Prepare & Attend Workshops (Each) 26 3,000 Develp and Mail FAQ Guide 25 2,800 Polling Services (Subcontractor) - - Public Relations (Subcontractor) - 83 $ 10,800 r 5: Property Owner Balloting Preparing & Processing Notices & Ballots 27 3,025 Public Heating & Ballot Tabulation 30 3,775 67 $ 6,800 MuniFnancial Page 12 0. 309 PROJEOT TEAM We have selected senior professionals for the City's project. We are confident that the MuniFinancial team has a depth of experience that will successfully fulfill the City's desired work performance. Mr. Chris Fisher, Principal Consultant, will serve as principal -in -charge. He will oversee the quality of work products and assure timely completion of the project. Mr. Fisher is one of our lead consultants and technical advisors for special district formations and will provide technical oversight and expert advice throughout the project. Mr. Jim McGuire, Senior Project Manager, will serve as project manager for this engagement. He will organize and direct consultant tasks and ensure that the dehverables are completed on time and within budget. Mr. McGuire will be the City's day-to-day contact and will also be present at meetings during the engagement. Mr. McGuire is one of MuniFinancial's lead technical advisors for Landscaping and Lighting Districts, Proposition 218 re -engineering evaluations, fiscal analyses, cost recovery studies and long-term strategic planning for maintenance districts. Ms. Camille Mahant and Ms. Jennifer Carter will provide analytical support for this engagement. They will be responsible for data gathering and notice drafting, with ongoing review of work products provided by Mr. McGuire. Ms. Mahant and Ms. Carter will also be responsible for coordinating with the City to ensure that data gathering tasks proceed smoothly and to minimize the burden on City staff. Additional analysts will be assigned to the project as needed. Mr. Richard Kopecky, P.E., will serve as project assessment engineer. He will provide input into the project approach, apply assessment methodology, review project costs, and act as a resource for discussing the practicality of the resulting assessment rates and proposed financing methods. RESUMES Resumes for the team of professionals proposed for this engagement follow for your review. MuniFinancial Page 13 A,., 319 8 Years Experience Areas of Expertise Special District Formation Expert Multi -Disciplinary Team Management Business Development and Client Presentations Project Highlights Cities of Roseville, Galt and West Sacramento Education Bacbelor of Science, Finance,.San Francisco State University Professional Affiliations California Society of Municipal Finance Officers Municipal Management Association of Northern California California 3lunicipal 17"easnrers Association CHRIS FISHER Chris Fisher is a Principal Consultant in the Financial Consulting Services Division at MuniFinancial. He is one of MuniFinancial's experts in Community Facilities District (CFD) and Assessment District formation and administration. Prior to joining the Financial Consulting Services group, Mr. Fisher served as Senior Project Manager for the Northern California region in the District Administration Services Group at MuniFinancial. He has specialized expertise in the administration of 1915 Act Assessment Districts, 1972 Act Landscape and Lighting Districts, 1982 Benefit Assessment Districts, and Mello -Roos Community Facilities Districts, including: • Administration of Marks -Roos and Mello -Roos Pools, • Delinquency monitoring, and • Preparation of Continuing Disclosure Reports to bondholders. Mr. Fisher oversaw the annual administration of all of the aforementioned district types for cities, counties, and Special Districts throughout Northern California. Before taking over his management responsibilities, Mr. Fisher was an analyst responsible for day-to-day district administration. Prior to joining MuniFinancial, he worked as a budget and financial analyst for an airline and an electronics corporation. R£!_ATCD EXPERIENCE Community Facilities Districts • City of Rialto: CFD No. 2006-1 (Elm Park), financing of infrastructure improvements and impact fees. • Town of Apple Valley: CFD No. 2006-1 (Ravenswood), CFD No. 2006- 2 (Bell Mountain Estates), CFD No. 2006-3 (Sky Haven Ranch), CFD No. 2006-4 (Vista Del Sol), financing of infrastructure and fees. • City of Escondido: CFD No. 2006-1 (Eureka Ranch), financing of infrastructure improvements and impact fees. • City of Galt: CFD No. 2005-1 (Public Safety Services), and Annexations Nos. 1, 2, 3 and 4. • City of Union City: CFD No. 2005-1 (Public Services). • Val Verde Unified School District: Citation Homes CFD No. 2003-1, John Laing Homes CFD No. 2003-2. • City of Palm Desert: CFD No. 2005-1 (University Park), financing of street, sewer and storm drain improvements, fees and park improvements. • City of Chula Vista: CFD No. 12M, service district to provide for maintenance of habitat areas, parks, landscaping, and storm drain maintenance. Landscaping and Lighting Districts • City of Rancho Cordova: Landscaping and Lighting District No. 2005-1. amuniFinancial Page 14 • City of Chino Hills: Landscaping and Lighting District No. 1 (Vellano). • City of Vallejo: Downtown -Waterfront Landscaping and Lighting District. • City Of Atascadero: Landscaping and Lighting Districts No. 01, 02, and 03. • City of Roseville: Dunmore Junction Landscape and Lighting District annexation. Assessment Districts • City of Cathedral City: Cove Improvement District No. 2004-2. Bond Issuance - $33.8 million. • City of Palm Desert: Highlands Utility Undergrounding No. 04-01. • City of Palm Desert: Section 29 Assessment District — (improvements include: roads, drainage, sewer, water lines, and utility undergrounding). • City of Solana Beach: Barbara-Granados Utility Undergrounding and Pacific West Circle Utility Undergrounding. Statewide Community Infrastructure Program (SCIP) • Statewide Community Infrastructure Program (SCIP): 2003, 2004, 2005, and 2006. Multiple counties, preparation of engineer's reports, diagrams, and assessment spreads, and support for multiple bond issues. Balloting Processes • City of Cathedral City: Landscaping and Street Lighting Maintenance District No. 1 — Benefit Zone 17, 2004, >2,400 ballots mailed. District Administration Services • City of Brentwood: Assessments and Marks -Roos pooled districts • City of West Sacramento: CFDs and Assessment Districts • City of Elk Grove: Maintenance and Facilities CFDs • City of Redwood City: CFDs and Assessment Districts • City of Big Bear Lake: Assessment Districts • Town of Apple Valley: Assessment Districts MuniFinancial Page 15 A.. 312 15 Years Experience J I M M C G U I R E Areas of Expertise v;_YNAOR PR0J'ECT 'MAM,'aGE4R Special District Jim McGuire, Senior Project Manager in the Financial Consulting Services Formations fr Division, specializes in parcel and property -related revenue audits, district Administration administration and formations of various special districts, such as 1972 Act Landscaping and Lighting Districts, Community Facilities Districts, and Parcel & Property- Benefit Assessment Districts for streets and storm drain facilities, as well as Related Revenue Andits Property and Business Improvement Districts. He is one of MuniFinancial's lead technical advisors for Proposition 218 re -engineering evaluations, fiscal Feasibility Studies analyses, cost recovery studies and long-term strategic planning for maintenance districts. Mr. McGuire has over 15-years of experience working Project Highlights with the public and local governments on special districts. His experience has included study sessions for staff and City Councils, along with facilitation or Cities of Atascadero, technical support for advisory committees and property owner workshops. Claremont, Filbnore, RELATED EXPERIENCE & Murrieta Formation and Strategic Planning Services Special District Mr. McGuire has been actively involved in the establishment and Formation Services administration of numerous special districts, including Landscape and lighting Districts, Benefit Assessment Districts, Business Improvement Districts, Education Community Facilities Districts, and other special financing mechanisms to suit Bachelor of Science, client needs. His recent clients include: University of . City of Arcadia California, Irvine • City of Atascadero • City of Chico • City of Fairfield • City of Fillmore • City of Indio • City of Murrieta • City of Palm Desert • City of Palm Springs • City of Rancho Mirage • City of Richmond • City of Riverbank • City of Temecula • City of Thousand Oaks • City of Tracy • City of Vallejo MuniFinaneial Page 16■.. 313 4 Years Experience CAMILLE MAHANT Areas of Expertise S`iv3©'R ANALYST Special District Camille Mahant is senior analyst within MuniFinancial's Financial Formation Consulting Services Division. She provides support for district formation and Public Reports, annexation projects. Ms. Mahant's experience includes preparing public Assessment Methodology, reports for the formation of Assessment and Community Facilities Districts, Rate and Method of developing assessment methodologies, special tax rates and methods of apportionment, feasibility studies, traffic impact fee studies, balloting Apportionment' processes, and client and project team consultation. .Special Tax Calculation, Balloting Processes RECENT EXPER/ENCE Community Facilities District Project Highlights . City of City of Chula Vista: CFD No. 12M and CFD No. 13M; CFD Cities of Chula Vista, No. 97-2 annexations Dana Point, Indio and . City of Dana Point: CFD No. 2006-1 Palm Desert; County of . Diamond Springs/El Dorado Fire Protection District: CFD No. Riverside; SCIP 2006-01 • City of Palm Desert: CFD No. 2005-1 Education Landscaping and Lighting Districts Bachelor of Science, . City of Palm Springs: Prop 218 balloting of 7 existing landscaping University of Michigan, and street lighting maintenance districts, 2006 Ann Arbor; * City of Paso Robles: LLD, consolidation and Prop 218 balloting, 2006 Master of Business City of Riverbank: Prop 218 balloting of existing Crossroads Administration; Landscaping and Lighting District, 2006 California State University, Fullerton . County of Sacramento: Prop 218 balloting of existing Landscape Maintenance District, 2007 Seminars . City of Tracy: Prop 218 balloting of Zones 17 and 30 within existing The Fundamentals of Consolidated Landscape Maintenance District, 2006 band -Secured Financing, Assessment Districts The California Debt and - Big Bear Valley Recreation and Park District: Assessment District Investment Advisory (Aquatic Center), 2007 Commission . City of Fillmore: Storm Drain Maintenance District No. 07, 2007 • City of Riverbank: Storm Drain District No. 2006-01 • County of Madera: CSA 19, Rolling Hills, Assessment District (Water Improvements), 2007 • Statewide Community Infrastructure Program (SCIP): Engineer's reports for counties within California, 2003-2007. MuniFinaneial Page 17 *. J 314 2 Years Experience J EN N I FER CARTER Areas of Expertise AMALYST E Special District Jennifer Carter is an Analyst II within the Financial Consulting Services Formations, Division based in MuniFinancial's Temecula office. She provides support to District Diagrams and senior associates for special district formation and annexation projects. Client Boundary Maps, interaction also falls under her purview. Parcel Verification, Ms. Carter's responsibilities include coordinating and conducting activities involved with all aspects of the formation and annexation processes of special Assessment Metbodology, districts. She is also responsible for creating district diagrams and boundary Database Creation and maps. Ms. Carter joined MuniFinancial in May 2005. Analysis, RELATED EXPERIENCE Role and Method of Assessment Districts Apportionment, Balloting Processes • City of Palm Desert: Assessment District Nos. 2004-01, 2004-02 Balloting Education • City of Ceres: Citywide park maintenance district formation, assisted Bacbelor of with the tabulation of >3,600 scanned ballots. Science, Criminology, . City of Encinitas: Clean Water Regulatory Fee, assisted with the University of tabulation of >10,000 ballots. La Verne, Community Facilities Districts California • Burney Fire Protection District: Services CFD No. 2006-1 • City of Ataseadero: Annexations into Services CFD No. 2005-1 UCLA Extension: Fundamentals of Land- - City of Chowchilla: Bonded CFD No. 2006-1 Based Financing: • City of Dana Point: Bonded CFD No. 2006-1 ,assessment Districts and City of Diamond Bar: Bonded CFD No. 2006-1 Mello -Roos Districts • City of Hemet: Annexations into Services CFD No. 2005-1 Seminars • City of Palm Springs: Annexations into Services CFD No. 2005-1 California Debt and Town of Apple Valley: Bonded CFD No. 2006-4 Investment Advisory Fire Suppression Assessment Districts Commission •Salida Fire Protection District Landscaping and Lighting Districts • City of Lafayette: LLD No. 1979-1, Core Area • City of Murrieta: LLD No. 24, Springbrook/Murrieta Meadows • City of Paso Robles: Landscape and Lighting Maintenance District No. 1 • Pleasant Hill Recreation and Park District: LMD, Valley High 2, 4, 5 and Woodside Hills 1, 3 MuniFinancial Page 18 a.. 315 37 Years' Experience RICHARD L. KOPECKY Areas of Expertise Civil Engineer; On a full-time and part-time contracted basis, Mr. Richard L. Kopecky, Administration; and p,E., has and continues to manage engineering, building and safety, and public Preparation of works departments for several Southern California cities. As a City's Engineering designated city engineer, building official and/or public works director, he has Development, including directed the full services of these departments, including Assessment Districts, budgets, building and safety plan check and inspection, City engineering, City Drainage, Roads, traffic engineering, community development block grants, construction Sewers, Soils/Geology, management and surveying, development and infrastructure review, disaster and Water. response and recovery, fee studies and Special District formation, landscape architecture, planning, public works design and water and wastewater design. Project Highlights He also developed and implemented the capital improvement program for these agencies. Counties of Los Angeles, Mr. Kopecky has served as the deputy building official for the City of Santa Lancaster, and San Clarita; plus he was the City Engineer for the City of Lancaster for 11 years; Bernardino the City of Santa Clarita for three years; the City of California City for two years; the City of Big Bear Lake for two years; and for the last seven years, he Education has served as City Engineer for the City of Indian Wells. Bachelor of Science, Mr. Kopecky has extensive experience in developing solutions for the Civil Engineering, Problems and challenges experienced by engineering and building and safety departments. University of fllinois RELEVANT PROJECT EXPER/ENCE Acting in the capacity of Assessment Engineer and, in many cases, in tandem as Civil Engineer both in the designing and forming of a multitude of 1913/1915 Act Assessment Districts, Mr. Kopecky's most recent projects include the following agencies: City of Rancho Mirage: Magnolia Assessment District, Magnesia Falls - Bruce Harry City of Cathedral City: Dream Homes, East 35th Avenue and Cove Assessment Districts WILLDAN o City of La Quinta: Assessment District 2000-2 Serving Public Agencies City of Palm Desert: Section 29 Improvement District J City of Santa Clarita: Golden Valley Assessment District, Santa Clarita Mall Community Facilities District, Vermont/Everett Road Improvement District and the Soledad Canyon Road Improvement District City of Irvine - Stonegate Assessment District, Orchard Hills Assessment District City Engineer, Assessment Engineer, Public Works Director U Metropolitan Waster District, Standby Fees - Assessment Engineer: Willdan assists MuniFinancial annually in administering and placing on the tax roll to over 950,000 parcels NINVD's Readiness -To -Serve (RTS) charge for each of its 23 member agencies. Wildan is also responsible for reviewing requests for exemption from the RTS by property owners and MuniFinaneial Page 19 316 +. I preparing a report to MWD on our findings. These exemptions may be because water is not available to the property because of topography, may not be developable or may be served by private wells. • Anaheim Resort Maintenance District - 1972 Act - Landscaping Lighting District • City of California City, Fire Suppression District - Assessment Engineer: Willdan prepared the district report, resolution, noticing and mailing for a fire tax to fund on -going fire protection and paramedics' services for the City. Willdan developed a benefit analysis and corresponding assessment amount to each of 40,000 parcels that would benefit from the services. Willdan tabulated the votes; and since the vote was positive, the tax was placed on the property tax bills. • City of Cathedral City - 35th Avenue Assessment District - Assessment Engineer: Willdan assisted MuniFinancial as the assessment engineer in the $7 million 1913/1915 Act Assessment District that included a mixture of single-family and multi -family residential and commercial properties. Ninety-five percent of the properties were improved. The improvements consisted of sanitary sewers, curb, gutter and sidewalks, street repaving and the opening of one new fully improved street. Willdan developed the benefit analysis, which was based on the zoning of each parcel and its highest and best use. The benefit was based on traffic projections, the number of possible units for sewer service and the frontage of the parcels for street improvements. These special benefits were translated into assessments for 364 parcels within the one-half square mile district. • City of Lancaster/City of Santa Clarita - Various Landscaping and Lighting Districts and Drainage Maintenance Districts - Assessment Engineer: Willdan developed a program to establish and annex all new subdivisions into a City Landscaping and Lighting District under the 1972 Act. In addition, subdivisions that included retention basins to hold storm water flow on -site or underground drainage system to stabilize buttress fills were formed into Drainage Maintenance Districts under the 1982 Act. The annual cost of maintenance and a capital improvement fund were established for each district and/or annexation. General and special benefits were determined and assessments assigned to each parcel in the district/annexation. Willdan prepared the petitions for annexation, Engineer's Report, resolution, notices and City Council agenda items to process the district formation or annexation prior to approval of the subdivision(s) by the City Council. MuniFinancial Page 20 9 317 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Thousand Dollars ($100,000.00), except as specified in Section 1.6 - Additional Services of the Agreement. 0- 318 Exi+i 5i-r -1g" FEE FOR SERVICES MuniFinancial will perform the tasks described in our scope of services for the fees outlined below. Phase 1: Feasibility Study and Benefit Analysis $45,000 Phase 2: Development of Outreach Strategy $3,500-$5,00e Phase 3: District Formation Services $15,500 Phase 4: Public Outreach Coordination of Public Outreach Efforts $ 5,000 Public Information Meeting (per meeting) $1,250-$3,50e Develop and Mail FAQ Guide $ 2,800 Polling Services (Subcontractor) TBD Public Relations (Subcontractor) TBD Phase 5: Property Owner Balloting $ 6,800 'Price dependent upon meeting preparation required. Notes: • The fees above include up to seven (7) meetings, excluding the public information meeting(s), as described in our scope of services. We will participate in additional meetings requested by the City for an additional fee. • Additional meetings or tasks outside our proposed scope of work will require an additional fee. • The fees outlined above do not include mailing costs (printing, processing and postage) associated with the notices, ballots, workshop notices/informational mailer, and FAQ guide. The cost of these mailings is estimated to be approximately $1.00 to $1.50 per parcel and will be billed to the City of La Quinta at our cost, with no overhead mark-up. Generally, it is more cost effective and efficient to utilize a mail house subcontractor to print, process and mail the various documents to property owners. MuniFinancial will coordinate these efforts and will invoice the City for these costs which will likely require the City to pay for estimated postage and/or a portion of the services in advance. The timing and need for any advance payment will be discussed with the City before MuniFinancial implements such services. MuniFinancial Page 10 A.j 319 • The fees above include our estimated travel time for various meetings and workshops, but do not include travel, copying, and mailing expense. (see Reimbursable Expenses below). • Telephone conference calls are not considered "meetings" for the purpose of our proposal and are not limited by our scope of services. • We will invoice the City of La Quinta monthly based on percentage of project completion. HOURLY RATES Additional services authorized by the City of La Quinta will be billed at our current hourly billing rates. 4wT ? CNs'i ° v v.``Y�•':'Ex`I .3, rshux'gn `S%i A. +f5' Y Division J {..R i3 sxi ,� f l z:ei �'t �e `3 � �"�i# N vY &.�+1a Principal Consultant •� Principal Senior Project Manager • Manager Project- Project Analyst Senior Analyst Analyst Assistant SupportSenior REIMBURSABLE EXPENSES MuniFinancial will be reimbursed, at cost, for out-of-pocket expenses. Examples of reimbursable expenses include, but are not limited to: postage, travel expenses, mileage (50.50 per mile), the cost of maps or electronic data furnished by the County and/or other applicable resources, development and preparation of diagrams, and copying (currently 60 per copy). These expenses will be billed to the City of La Quinta, at our cost, with no overhead markup. MuniFinancial Page 11 4•., 329 PROPOSED SUMMARY OF HOURS & FEES Total 1: Feasibility Study and Benefit Analysis Project Coordination & Meetings 68 9,360 Database Preparation & Improvement & Budget Analysis 170 19,620 Development of Method of Apportionment & Memorandum 122 16,020 360 $ 45,000 2: Development of Outreach Strategy Project Coordination & Meetings 17 2,385 Development of Power Point Presentation & Final Plan 24 2,615 41 S 5,000 3: District Formation Services Preparation of Documents 108 13,790 Meetings and Document Modifications 13 1,710 121 S 16,600 4: Public Outreach Coordinator of Public Outreach Efforts 32 5,000 Prepare & Attend Workshops (Each) 26 3,000 Develp and Mail FAO Guide 25 2.800 Polling Services (Subcontractor) - - Public Relations (Subcontractor) - - 83 $ 10,800 6: Property Owner Balloting Preparing & Processing Notices & Ballots 27 3,025 Public Hearing & Ballot Tabulation 30 3,775 57 $ 6,800 MuniFnancial Page 12 =1 4.1 321 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. V.. 322 Exhibit D Special Requirements None. 323 OJ o� MOF'[� o AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 6, 2008 BUSINESS SESSION: Vr� ITEM TITLE: Consideration of Mayor Adolph's Request CONSENT CALENDAR: That the City Council Exercise Call -Up Review Regarding Tentative Parcel Map 35900 and Village Use STUDY SESSION: Permit 2007-039 Located on the Northeast Corner of PUBLIC HEARING: Avenue 52 and Desert Club Drive Approved by the Planning Commission on April 22, 2008 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 22, 2008, the Planning Commission approved Tentative Parcel Map 35900 and Village Use Permit 2007-039, which relate to a project located on the northeast corner of Avenue 52 and Desert Club Drive. The Parcel Map involves the creation of a total of three parcels on the 4.97 acre Palmer's Restaurant site. The Village Use Permit involves two commercial office buildings. The buildings are each 7,045 sq. ft. in size, and 20'6" in height. A copy of the staff report from the Planning Commission meeting is attached. The project was approved by the planning commission with a 4-0 vote. Mayor Adolph has requested that the Council consider exercising its right to review this matter. Pursuant to La Quinta Municipal Code Section 9.200.120.D., by a majority vote, the City Council may call up a matter considered by the Planning i a.J . 3 2'* Commission for review. The items of concern expressed by the Mayor include: (1) the adequacy of parking; and (2) the request of neighboring property owners for a binding commitment that there would be nothing developed on the site except for the development approved by the Village Use Permit. If the City Council votes to call up the matter, the matter will be set for a duly noticed public hearing at the first available City Council meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Move to exercise the City Council's call-up review regarding Tentative Parcel Map 35900 and Village Use Permit 2007-039 which was approved by the Planning Commission on April 22, 2008; or 2. Do not exercise the City's call-up review for the matter; or 3. Provide staff with alternative direction. Respectfully submitted, Z/T Les Johns , Planning Director Approved for submission by: Thomas P. Genovese, City Manager A._ 325 Ceity/ 4 04& QRb(rC4jj COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Consideration of City Representation on the Coachella Valley Mosquito and Vector Control District RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At its meeting of August 7, 2007, the Council voted (5-0) to appoint Councilwoman Henderson as the City's representative on the Board of Trustees for the Coachella Valley Mosquito and Vector Control District ("CVMVCD"). As indicated in the August 7, 2007 staff report (Attachment 1), the term to be filled at that time was the unexpired term of former Trustee Ron Perkins. Mr. Perkins' final term began July 1, 2004 and was set to expire on June 30, 2008. Mr. Perkins resigned from the office effective August 16, 2007. Councilwoman Henderson has served as the City's representative since that time. The CVMVCD 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. Pursuant to Section 2024, the terms of appointment are to be for two or four years at the discretion of the appointing authority. Terms of office are to commence on the first Monday in January, and follow the calendar year. •. 1 326 According to the current roster of appointments, the appointing agencies have not followed the first Monday in January rule. An issue has surfaced regarding the oath of office for the CVMVCD Trustees. Based upon past advice and past practice, the Trustees have not been requested to take or file an oath of office. Under the California Constitution and the Government Code, all public officers are required to take an oath of office prior to exercising their official duties, unless specifically excluded by another state statute or law. (Cal. Const. Art. XX, § 3; Cal. Gov. Code § 1360. ) There is no provision that excludes Trustees on the CVMVCD from the oath of office requirement. (See Health & Saf. Code § 2000 et. seq.) In order to cure this situation, all of the Trustees were requested to (and did) take and file an oath prior to the April 22, 2008 Board meeting. According to the Government Code, the oath is to be taken and filed "within the time prescribed by statute." (Cal. Gov. Code § 1192; Cal. Gov. Code § 1363.) Unfortunately, there is no code section that prescribes the time period for trustees of vector control agencies to take and file an oath of office. As to other offices, the times range from 10 to 30 days. There is some concern, expressed most vocally by the City of Indio, that because in most instances more than 30 days had lapsed between the appointment and the recent filing of the oath, that the appointments may have become stale. If the public officer or employee fails to take the oath, or fails to file it within the time and manner prescribed, the office is considered vacant. (Cal. Gov. Code § 1770.) In order to eliminate any further controversy associated with the oath of office issue, the Trustees of CVMVCD were requested to seek reconfirmation from their appointing agencies, and then take and file a new oath. As the Council considers this issue, it may wish to bring its appointment into compliance with the calendar year requirement of Health & Safety Code Section 2024 by having the appointment end on December 31" rather than mid -year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Reconfirm Councilman Henderson's appointment to the CVMVCD Board of Trustees (currently through June 30, 2008), but extend the term by six months (to December 31, 2008), to coincide with the calendar year requirements of the Health & Safety Code; or @, 327 2. Reconfirm Councilman Henderson's appointment to the CVMVCD Board of Trustees (currently through June 30, 2008); or 3. Appoint a different representative to the Board until December 31, 2008. Respectfully submitted, M. Katherine enson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. August 7, 2007 Staff Report 2 +.j, 329 Httacnment i COUNCILIRDA MEETING DATE: August 7, 2007 ITEM TITLE: Consideration of City Representation on Coachella Valley Mosquito and Vector Control District RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: 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 at 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 IN 1 ' =' `+ .. 32-3 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, r M. atharine' Jenson, rty Approved for submission by: r '• 33.9 ,1Av-1ln Bret Plumlee, Acting City Manager 0 • 331 Ul/07/Z007 IVE 10:05 FAI 7511777 7101 City Wage. La Auinta if AM 7 2V J i August 7, 2007 The Honorable Mayor Don Adolph and Members of the City Council City of La Qumta 78-495 Calle Tampico La Quinte, 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 La Quinta's ;4hw entative 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 end 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 bast wishes for all your future endeavors. Sincerely, a -- Ron Perkins cc: Thomas P. Genovese, City Manager Don Gomsi, Coachella Valley Mosquito and Vector Control' District .• 332 �4aw COUNCIL/RDA MEETING DATE: May 6, 2008 AGENDA CATEGORY: ITEM TITLE: Discussion of the California Regional BUSINESS SESSION: Water Quality Control Board - Colorado River Basin CONSENT CALENDAR: Region (CRWQCB-CRB) Draft National Pollutant Discharge Elimination System (NPDES) Municipal STUDY SESSION: Separate Storm Sewer System (MS4) Permit (NPDES PUBLIC HEARING: _ Permit) for the White Water River Region, Order No. 137-2008-0001 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The total cost share for the storm water programs administered by the Riverside County Flood Control & Water Conservation District for the White Water River Region NPDES is estimated to be $377,815. Based on population, the City of La Quinta cost share for the NPDES Permit is approximately $29,677 for Fiscal Year 2008/2009. The amount has been included in the proposed Fiscal Year 2008/2009 Budget. Principal Permittees in support of the NPDES program are the County of Riverside and Riverside County Flood Control and Water Conservation District. Future fiscal impacts to reduce pollutants to the White Water River Basin and to inspect the maintenance of developer installed storm water treatment devices are yet to be determined. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The legal authority for implementation of storm water regulations are: 1) The Federal Clean Water Act (CWA) that allows the United States Environmental Protection Agency (USEPA) to delegate NPDES permitting authority to States, 10- 333 2) The State of California through the Porter Cologne Act (California Water Code (CWC)) that authorizes the State Board through its Regional Board(s) to enforce storm water quality, and 3) Section 405 of the Water Quality Act (WQA) of 1987 that added Section 402(p) that is applicable to this permit. On March 14, 1991, incorporated and unincorporated portions of Riverside County, within the White Water River Basin were designated as an area requiring a permit for their Municipal Separate Storm Sewer System (MS4). The permittees include Riverside County and Riverside County Flood Control and Water Conservation District (Principal Permittees), Coachella Valley Water District (CVWD) and the Cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Co-Permittees). On January 6, 1998, the City Council adopted Ordinance No. 313 adding Chapter 8.70 to the City of La Quinta Charter and Municipal Code entitled "Storm Water Management and Discharge Controls" to establish legal authority as required by the regulation of the Clean Water Act, and to comply with other legal requirements set forth in Order No. 96-015 issued on May 22, 1996 by the California Regional Water Quality Control Board - Colorado River Basin Region (CRWQCB-CRB). On September 5, 2001, Order No. 96-015 was renewed by CRWQCB-CRB and replaced with Order No. 01-077 that expired on September 5, 2006. Order No. R7- 2008-0001 will renew Order No. 01-077 on May 21, 2008 and will be effective until May 21, 2013. The NPDES permit is only applicable to areas that are tributary to "Waters of the US". In La Quinta, these are the White Water Channel and the La Quinta Evacuation Channel. An exhibit showing the 26 known connections to these channels in La Quinta is provided (Attachment 1). Discharges from the City's storm water system or MS4 to these two channels are subject to discharge requirements under the NPDES Permit. The MS4 Permit current requirements are: 1) To reduce pollutants in urban runoff to the Maximum Extent Practicable (MEP) by requiring Permittees to submit existing management plans and programs being implemented or developed in the previous MS4 Permit. 2) To have Permittees report, review and/or revise the management programs and control measures in accordance with a time schedule approved by the Regional Water Board Executive Officer. 334 3) To require the Permittees to establish additional programs to be developed and implemented if the existing programs are not effective. 4) Development and implementation of management programs and/or Best Management Practices (BMPs) during the life of the MS4 Permit to improve the quality of urban runoff discharged and to ensure that the water quality objectives of the receiving waters are met and the beneficial uses of the receiving waters are protected. The new permit extends the requirements of the present permit by requiring that: 1) New development or redevelopment within the City of La Quinta that disturbs one acre or more of land and is tributary to a connection either to the White Water or La Quinta Evacuation Channel, adheres to the Storm Water Management Plan for the White Water River Region that follows State policy and requires that a Water Quality Management Plan (WQMP) be prepared for development for the design, construction and maintenance, and funding mechanism (at the time of entitlement) for post construction Best Management Practices (BMPs). 2) The City continues construction inspection with additional requirements to develop and report on inspection prioritization criteria and document the inspections in an annual report. Additional staffing and or/consultant contracting may be needed for the WQMP plan and additional construction inspection. 3) The City continues inspection of BMPs for active new development construction with the additional requirements for annual reporting and sanctioning for noncompliance. 4) The City reports locations of municipal facilities confirming that Storm Water Pollution Prevention Plans are in place and that the facilities are in compliance with requirements. 5) The City reports to the Regional Board construction activity for Municipal Facilities that necessitate coverage by the Statewide General Construction Permit. 6) The City develops and implements Storm Water Pollution Prevention Plans (SWPPP). 7) The City increases inspection of businesses to track and report on businesses subject to business inspection. 8) Riverside County in coordination with the City provides public education updates to Permittee training programs and document action of public education outreach statistics. 335 9) Riverside County in coordination with Coachella Valley Water District provides watershed monitoring/annual reporting for possible revision to the Water Quality Monitoring Program. A substantial impact from the new permit is the addition of Total Maximum Daily Load (TMDL) requirements for pollutants that are discharged. This is the maximum amount of a pollutant that a water body can handle in a day without adverse consequences to water quality. This is proposed to be done in a phased approach with Phase I to require the Water Quality Board staff to determine responsible parties for all pollutants (3 year monitoring program funded by the Water Quality Board). The Permittees and the Regional Water Quality Board staffs have tried to work together to develop the draft MS4 Permit. However there is disagreement between the City and Water Board staff with certain findings of the proposed Permit. Public Works has worked with legal counsel at Rutan & Tucker who specialize in NPDES issues to prepare comment letters relating to the MS4 Permit. These letters have been submitted by the Riverside County Flood Control and Water Conservation Department and the City of La Quinta regarding the MS4 Permit. The latest correspondence with the RWQCB (Attachment 2) is attached. A synopsis of legal issues from Rutan & Tucker is attached under separate Memorandum (Attachment 3). Each Permittee is required to enter into an Implementation Agreement that establishes the responsibilities of each party concerning compliance with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit (NPDES Permit) issued by the California Regional Water Quality Control Board - Colorado River Basin Region (CRWQCB-CRB) pursuant to Order No. 01-077. Pursuant to this requirement, the Implementation Agreement will be part of the adoption of Order No. R7-2008-0001. Respectfully submitted, 6Ti othy R n s on, P.E. Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager a., 336 Attachments: 1. Exhibit showing the 26 connections to the Whitewater Channel and Evacuation Channel in La Quinta 2. Comment letters relating to the MS4 Permit 3. Rutan & Tucker synopsis of legal issues 337 26 2< zs - 23 City of La Quinta N Av O 0 0.25 05 1 1 Mtles 1 ATTACHMEN' Westward He Drive 2, IO 19 i Avenue 48 E v' a rc a o S 17 Avenue 50 .r Avenue 52 N Legend E Q Major Outfall (26 Total) E White Water Storm Channel La Quinta Evacuation Channel La Quinta City Limits o F1 333 ATTACHMENT 2 WARREN D. WILLIAMS (ieneral Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT April 4, 2008 Mr, Robert Perdue, Executive Officer California Regional Water Quality Control Board Colorado River Basin - Region 7 73-720 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 Dear Mr. Perdue: 1995 MARKET STREET RIVERSIDFi, CA 92501 951.955,1201) FAX 951.788.9965 www.fl oodeontrol.co.riverside.ca.us 118627 Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002 WDID No. 7A 33 2001 001 Board Order R7-2008-0001 The Riverside County Flood Control and Water Conservation District (District) is the Co -Principal Permittee on the Riverside County Municipal Separate Storm Sewer Permit (MS4 Permit). In consultation with and on behalf of the MS4 Permittees in the Whitewater River Region', the District is submitting the following comments on the Draft NPDES MS4 Permit, Board Order R7-2008-0001. The Whitewater River Region is unique The Permittees appreciate the time and effort the Regional Board has invested in the development of a Draft MS4 Permit that is applicable to the unique water quality conditions of this Region. The Whitewater River Region is unique as it is the only desert area regulated under the Phase I MS4 program in California. The unique features of the Whitewater River Region relevant to the MS4 Permit include those identified in Finding 14 of the Draft MS4 Permit. The Permittees believe that the unique conditions within the Whitewater River Region, combined with the existing MS4 compliance programs, have benefited overall water quality_ For example, no new water quality impairments have been identified within or as a result of the urbanized area in the Whitewater River Region since the issuance of the initial MS4 Permit in 1996. In addition to the Permittees' compliance programs, the unique climatic and geologic conditions of the Coachella Valley serve to minimize many of the threats to water quality that are typical of other urbanized areas in California. Some of the climatic and geologic conditions that directly or indirectly benefit water quality include: ' Riverside County Flood Control and Water Conservation District, County of Riverside, Coachella Valley Water District, and the Cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. A.j 339 118627 Mr. Robert Perdue, Executive Officer - 2 - April 4, 2008 California Regional Water Quality Control Board Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002, WDID No. 7A 33 2001 001 Board Order R7-2008-0001 Varying elevation and orographic effects — The urbanized area of the Coachella Valley floor ranges in elevation from approximately 480 feet above sea level in Palm Springs to about 180 feet below sea level in Mecca. The Valley is bounded by mountain ranges to the west, including the San Jacinto and Santa Rosa Mountains, that act as an orographic barrier for most general winter thunderstorms. The lack of access to winter moisture in the Valley and the low nature of the Valley floor means that a significant portion of the limited rainfall in the valley areas occurs during highly localized summer thunderstorms caused by lifting of monsoonal air masses. Limited rainfall — Although the surrounding mountains can produce significant rainfall and resultant runoff creating the potential for substantial flood hazards, even when the valleys are dry, the urbanized center of the Valley typically receives limited rainfall. The Valley floor typically receives about three (3) inches of rainfall annually; communities nestled up against the mountains can receive average rainfall rates no higher than six (6) inches. This is significantly less than the 12 to 20 inches that occurs in western Riverside County and the coastal plains. The total number of runoff producing rainfall events is also significantly lower than in the western portion of the state. For example, the city of Riverside may, on an annual average, observe as many as 12 events a year that can initiate runoff. A typical Coachella Valley city like Cathedral City, which is located in the Coachella Valley between areas that receive slightly higher amounts of rainfall near the mountains and areas closer to the center of the Valley that receive less rainfall, observes two (2) runoff -producing events on average each year based on rainfall data for the last 29 years. It should be noted that the city of Banning, an isolated community of about 28,000 residents on the western boundary of the Permit area, resides in the San Gorgonio Pass between the Coachella Valley and western Riverside County, and has statistically significant differences in its rainfall patterns. Increased infiltration of runoff — Due to the lack of substantial flood urban drainage infrastructure, several Cities in the Coachella Valley, accounting for 51% of the Whitewater River Region land area, already require 100% retention of design flood events (typically 1-hour, 100-year) from new developments. This policy for 100% retention eliminates urban dry weather runoff from these developments under most conditions and prevents pollutants from being mobilized into receiving waters during storm events. The remaining 49% of the Region's land area typically requires retention of the incremental increased runoff from developments within each agency's jurisdiction. Again, due to the porous soils within the region, even the detention facilities are expected to infiltrate significant amounts of runoff. Over 85% of the soils within the urbanized portion of the Coachella Valley consist of sand and gravel with permeability properties that exceed one (1.0) inch per hour and the majority of soil in this area is classified as Carsitas and Myoma with permeability properties of 6 to 20 inches per hour. Recent studies outlined by Caltrans indicate that extended detention basins can typically 349 118627 Mr. Robert Perdue, Executive Officer - 3 - April 4, 2008 California Regional Water Quality Control Board Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002, WDID No. 7A 33 2001 001 Board Order R7-2008-0001 infiltrate approximately 40% of the runoff they receive2. It is our expectation, that due to well drained soils that dominate the Valley, that volume losses from incidental infiltration in the Coachella Valley would provide even greater benefit within the permitted area. Limited local water supplies — In accordance with the Coachella Valley Water Management Plan (2002), agencies are implementing water conservation measures that will reduce urban runoff. The Coachella Valley Water District, Desert Water Agency, Mission Springs Water District, Riverside County, the Building Industry Association and several Cities in the Coachella Valley have already adopted landscape and/or irrigation ordinances or water conservation programs that will limit the potential for over -irrigation and thus reduce or eliminate sources of dry weather urban runoff. The remaining Cities in the Coachella Valley are either in the process or considering adopting similar ordinances or programs. These ordinances and programs promote water conservation through efficient watering schemes, the use of climate -appropriate plants, and elimination of excessive water use and overwatering. These ordinances implement the requirements of the State of California Water Conservation in Landscaping Act, Government Code Section 65591, et seq. In addition, the largest water supplier in the Coachella Valley is considering a proposed water budget -based rate structure that is a form of tiered rates that is similar to those that have resulted in water savings of 22% to 37% in other areas. Since, on average, 75% to 80% of the water that a household uses in the Coachella Valley goes outside for landscaping, improved irrigation practices will result in the greatest water savings and, in-tum, will act to reduce the.dry weather urban runoff. Endangered and threatened species — The prevalence of threatened and endangered species, along with the recognition of the need to preserve habitat has resulted in the development of the Coachella Valley Multiple Species Habitat Conservation Plan. This plan attempts to manage growth in such a way as to preserve important species habitat and movement corridors for posterity. A byproduct of this plan will be urban setbacks from many of the remaining blue -line streams in the Coachella Valley. These setbacks will further assist with limiting the impacts of urban runoff on receiving waters. The Permittees' implementation of existing MS4 compliance programs, including construction inspection, business inspection, new development review and public education outreach programs has further protected receiving waters from impairment by urban runoff. Although no new impairments have been identified in the Whitewater River Region, the Draft MS4 Permit calls for several enhancements to the compliance programs including more stringent controls for new development, revisions to the monitoring and reporting program to increase its usefulness for managing urban runoff, additional reporting requirements to facilitate documentation of MS4 permit compliance, and enhanced illicit discharge detection and elimination programs. These programs Z California Department of Transportation. 2004. BW Retrofit Program Final Report. California Department of Transportation, Sacramento, CA. ..0 341 118627 Mr. Robert Perdue, Executive Officer - 4 - April 4, 2008 California Regional Water Quality Control Board Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002, WDID No. 7A 33 2001 001 Board Order R7-2008-0001 were deemed necessary to ensure that the Permit remained protective of the unique resources and needs of the Whitewater River Region. The Permit contains several new programs that will be enhanced by ongoing Permittee efforts Further, the District, on behalf of the Permittees in this and other permit areas that we administer, are participating in several regional studies that may further improve protection of resources in the Coachella Valley. The Permittees often have the opportunity to benefit from the knowledge the District gamers serving as Principal Permittee for three different MS4 Regions regulated by three different Regional Boards. Examples of the ongoing efforts being supported by the District and/or Permittees that may benefit the Coachella Valley include: • Study of BMPs effective at mitigating sources of E. coli — As part of the Santa Ana River Bacterial Indicator TMDL, the District is participating in the evaluation of several BMP technologies that may ultimately benefit the Coachella Valley Stormwater Channel TMDL. • Evaluation of REC-1 Water Quality Standards — The District has participated in efforts to review and revise REC-1 water quality standards in both the San Diego and Santa Ana Regional Board jurisdictions. • Participation, through the District, in the Southern California Stormwater Monitoring Coalition's Low Impact Development (LID) Project - The intention of this project is to develop guidance for implementation of LID BMPs in southern California, although this effort focuses on addressing issues in semi -arid environments and coastal plains. • Implementation of the District's LID Testing and Demonstration Facility on its office grounds in downtown Riverside - BMP testing is expected to begin during the 2009/2010 wet season, and will likely last for five years. The purpose of this project is to collect data on the proper design and effectiveness of LID technologies in semi -arid climates and provide a central location for demonstrating LID technologies to municipal and developer staff. It is expected that the results from this grant project will also help the Permittees extrapolate the appropriateness of these projects in fully and environments such as the Coachella Valley. Participation of the County/Cities in the Green Valley Initiative and/or several other green county/city programs, which would promote the use of green building techniques. • Alluvial Fan Task Force — Several of the Permittees are participating in the development of a model ordinance for use in regulating developments on alluvial fans. This model ordinance will likely address both flood hazard protection and water quality issues. 118627 Mr. Robert Perdue, Executive Officer - 5 - April 4, 2008 California Regional Water Quality Control Board Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002, WDID No. 7A 33 2001 001 Board Order R7-2008-0001 Permittees and Regional Board staff must carefully consider and evaluate the appropriateness of national and statewide BMP approaches The aforementioned efforts, in addition to others, will help ensure that the Permittees continue to implement programs that will be protective of receiving waters in the Coachella Valley. However, the Permittees in this region must be careful to ensure that proposed BMP programs are appropriate for and environments. For example, although the Permittees support the use of infiltration as a technique to limit impacts from urban runoff, the Permittees are not convinced that many LID concepts are appropriate for the Desert region. Concerns include: • That LID promotes the use of cisterns and water capture and reuse technologies that are not likely to be economically viable in an and climate; • Porous pavements may fail due to the significant amount of blow -sand that the Coachella Valley is subjected to during common high wind conditions that typically exist during the fall and spring; and Many LID BMPs require vegetation that is capable of removing pollution trapped within the BMP's soil matrices. Appropriate vegetation may require irrigation. The use of irrigated landscaping runs counter to the overall policy in the Coachella Valley to require xeriscaping and other drought tolerant, water conserving forms of landscaping for new development due to limited water resources. These concerns were supported by recent Permittee discussions with Larry Coffman, considered the "father" of LID and developer of the bioretention concept3. The Permittees continue to be proactive Although the Permittees continue to have concerns with the appropriateness of many LID techniques in this region, the Permittees are interested in incorporating appropriate LID concepts into our BMP programs. To that end, the Permittees have asked the Board staff to incorporate language that would allow the Permittees the flexibility needed to incorporate appropriate LID -based BMPs that are appropriate for this region into land development standards. The Permittees' evaluation of LID is being conducted on four fronts: Through participation in the Southern California Stormwater Monitoring Coalition's LID Project; 2. Through data collection as part of the District's LID Testing and Demonstration Facility; ' Discussion between Jason Uhley and Larry Coffman at the March 27, 2008 LID Workshop in Moreno Valley sponsored by Filterra, the Inland Empire ASCE Stormwater Committee, and the City of Moreno Valley. 118627 Mr. Robert Perdue, Executive Officer - 6 - April 4, 2008 California Regional Water Quality Control Board Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002, WDID No. 7A 33 2001 001 Board Order R7-2008-0001 3. Through ongoing discussions as part of the Alluvial Fan Task Force; and 4. Through the proposed development of a Water Quality Management Plan for new development. The Regional Board must remain cognizant that the Whitewater River Region is not only a unique area, but has limited resources The Board must also remain cognizant that this is a small MS4 area. The population of this region is limited to less than 500,000 residents. By comparison, the San Diego County MS4 Permit area covers over 3,000,000 residents and the Los Angeles County MS4 Permit area covers approximately 10,000,000 residents. The Santa Ana MS4 Permit area in western Riverside County covers approximately 2,000,000 residents. Although there are other small MS4 Permit areas in southern California, those areas can benefit from leveraging resources of larger permit programs for region - wide studies. Unfortunately, the ability of the Whitewater River Region Permittees to benefit from such studies is limited due to the regions wholly unique and climate. Specific Comments The Permittees support the Draft MS4 Permit in concept, however, the Permittees request the following specific comments be incorporated into the final MS4 Permit: Reference to Phase H Storm Water Final Rule Finding 6 references a statement that "because municipalities own and operate separate storm sewers, including storm sewers into which third parties may discharge pollutants, NPDES permits may require municipalities to control, the discharge of Pollutants into the storm sewers in the first instance." The preamble of the USEPAs Phase II Storm Water Final Rule is voluminous and the Permittees were unable to locate this statement. Please provide the specific location of this statement in the preamble discussion so that the Permittees can review it in context. Status of Salton Sea Restoration Program The Permittees suggest that the description of the status of the Salton Sea Restoration Program presented in Finding 18 be reviewed and, if needed„ updated to reflect the program's current status. Urban Runoff Characterization As written, this Finding 24 appears out of context with Urban Runoff Characterization. To place this Finding in context, we suggest adding the following text after the first sentence: "Runoff from these non -urbanized areas may flow into the MS4 and affect flow and water quality." 118627 Mr. Robert Perdue, Executive Officer - 7 - April 4, 2008 California Regional Water Quality Control Board Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002, WDID No. 7A 33 2001 001 Board Order R7-2008-0001 Siltation in the Whitewater River Region To tailor the information in Finding 35 to the conditions in the Whitewater River Region, it is recommended that the following clarifications be added to the second sentence: "However, siltation has not been identified as a cause of Receiving Water impairment in the Whitewater River Region." Coordination between the Permittees Finding 38 establishes the need for the Permittees to coordinate their MS4 Permit compliance activities. The Permittees recommend that Finding 38 be relocated to precede Finding 5 as it establishes the need for the Implementation Agreement described in Finding 5. Coachella Malley Stormwater Channel Bacterial Indicators TMDL Section A, Finding 43 (page 13) and Section G, Total Maximum Daily Loads, paragraph 2 (page 45) should be updated to describe the current status of the TMDL. The Permittees request the following revision to the text in these sections: "A Bacterial Indicator TMDL for CVSC was adopted by the Regional Board on May 16, 2007. It must be approved by the State Board, Office of Administrative Law (OAL), and USEPA before it becomes effective in the Basin Plan. In response to a request by the Regional Board, the State Board, on February 22, 2008, withdrew this TMDL from consideration to allow for collection of sufficient groundwater data to determine whether agricultural discharges are discharging E. coli into the CVSC." Section F, Best Management Practices Paragraph F.l.c.i: add "...management sponsored by industry Qxouns, professional organizations... Section N, Required Submittals, Reports and Compliance Time Schedules Paragraph lb (page 76): There needs to be some time allowed between when an item on the compliance schedule is completed and when the written report is submitted to the Regional Board. As indicated in Section I, Reporting Requirements, paragraph 5 (page 44), the written report shall be submitted no later than 14 days following each schedule date. To provide consistency, the Permittees request that the "Report Due Date" column dates be revised to 14 days after the dates shown on the "Completion Time After Permit Adoption/Frequency" column in the compliance schedule table. Finding 63 — Because Provisions in the Draft Permit Exceed M54 Stormwater Provisions as Mandated by Federal Law, some of the Provisions may be Considered an Unfunded State Mandate. The Draft Permit contains a finding that asserts that the Order "does not constitute an unfunded local government mandate subject to subvention under article XIII B, section (6) of the California Constitution" because the Order implements "federally mandated requirements" under Section 402 of the CWA. (page 18.) The Permittees object to this finding on several grounds. First, the Regional Water Board's jurisdiction does not include decisions or determinations regarding what is, or what is not, an unfunded mandate subject to subvention under the California Constitution. *,i l 345 119627 Mr, Robert Perdue, Executive Officer - 8 - April 4, 2008 California Regional Water Quality Control Board Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002, WDID No. 7A 33 2001 001 Board Order R7-2008-0001 The Regional Water Board's jurisdiction is limited to water quality and related functions. Decisions regarding what constitutes, or does not constitute, an unfunded mandate is for the Commission on State Mandates. (Gov. Code, §§ 17551 and 17552; see also Lucia Mar Unified School District v. Honig (1988) 44 Cal.3d 830, 837 [the question must be decided by the Commission on State Mandates "in the first instance."].) "Whether a particular cost incurred by a local government arises from carrying out a state mandate for which subvention is required under article XIII B, section 6, is a matter of the Commission to determine in the first instance." (County of Los Angeles v. Commission on State Mandates (2007) 150 Cal.AppAth 898, 907.) Second, the Permittees question the purpose and intent of this finding. As discussed above, findings are required to "bridge the analytic gap between the raw evidence and ultimate decision or order." (Topanga Assn. for a Scenic Community, supra, 11 Cal.3d at p. 515.) The Regional Board staffs purpose for including this finding is suspect as it raises an issue that has recently been unsuccessfully litigated in the recent County of Los Angeles v. Commission on State Mandates. In that case, the Court held that whether the permit obligation(s) in question constitutes a state or federal mandate is a question of fact which must be first addressed by the Commission on State Mandates. (County of Los Angeles v. Commission on State Mandates, supra, at pp. 917-918.) Thus, it is not appropriate for the Regional Water Board staff to propose a finding that attempts to make a conclusion of fact for the Commission on State Mandates. Furthermore, even if a program is required in response to a federal mandate, a subvention of state funds may be in order. For example, Government Code section 17556(c) provides that if a requirement was mandated by federal law or regulation, but the state statute or executive order mandates costs that exceed the mandate in that federal law or regulation a subvention of funds is authorized. Also, even if the costs were mandated to implement a federal program, if the "state freely chose to impose the costs upon the local agency as a means of implementing" that federal program, "the costs are the result of a reimbursable state mandate regardless whether the costs were imposed upon the state by the federal government." (Hayes v. Commission on State Mandates (1992) 11 Cai.App.4 1564, 1594.) Finally, the finding in question asserts that provisions in the Draft Permit to implement total maximum daily loads (TMDLs) are also federal mandates (page 19). While it is true that waste load allocations (WLAs) in TMDLs must be reflected in NPDES permits as applicable, the manner in which the TMDL is implemented in the NPDES permit is not a federal mandate, but is left up to the State. (See Pronsolino v. Marcus (9th Cit. 2002) 291 F.3d 1123, 1140.) As discussed ante, the TMDLs WLAs as incorporated into the Draft Permit are in fact inconsistent with the adopted TMDL implementation plans and may, therefore, exceed federal mandates. Thus, as with the other aspects of the Draft Permit, implementation of applicable TMDL WLAs is not necessarily a federal mandate, immune from subvention of state funds. Permittees also question the portion of this finding that states that their "obligations under this order are similar to, and in many respects less stringent than, the obligations of non -governmental dischargers" given the enormous liabilities that are imposed on local agencies for discharges that A.j 34G 118627 Mr. Robert Perdue, Executive Officer - 9 - April 4, 2008 California Regional Water Quality Control Board Re: Comment Letter on Draft NPDES MS4 Permit No. CAS617002, WDID No. 7A 33 2001 001 Board Order R7-2008-0001 enter MS4 systems that they own and maintain. A similar such finding comment states "to the extent there is any relaxation of even-handed regulation, it is in favor of the local agencies". The Permittees object to such comments as not being grounded in law or reality given the increasingly heavy burden of obligations imposed on local agencies by the onerous, and indeed sometimes oppressive, state and federal regulatory scheme that purports to carry out Clean Water Act (CWA) and Porter -Cologne requirements. Permittees also object to the portion of the finding that in dismissive fashion ignores the limited ability of local, agencies to raise revenue from non -tax sources to help fund MS4 permit -related programs, especially considering the practical realities imposed by the current economic downturn affecting both California and the United States (U.S.). Permittees likewise object to the self-serving portion of this finding that indicates that they have "voluntarily availed themselves" and made a "voluntary decision" to be subject to this MS4 Permit. At best, a "lesser of two evils" approach has been undertaken by the Permittees to work under the MS4 Permit system rather than facing enforcement actions and potentially large liabilities initiated by U.S. Environmental Protection Agency (USEPA) or the Regional Board for non-compliance under the regulatory framework that purports to support the CWA and Porter -Cologne requirements. As a result, to the extent that such self-serving finding indicates that Permittees' participation in the MS4 Permit system is of a "voluntary" nature, then it must be viewed as patently false, neither grounded in law nor reality. Closing The Permittees appreciate the time and level of commitment by the Regional Board in the development of this Draft MS4 Permit and thank you for this opportunity to provide comments. Given the significant investment in the development of the Draft MS4 Permit by the Regional Board and the Permittees and our mutual interest in updating the compliance programs, we support expeditious adoption. If you have any questions concerning this matter, please call me at 951.955.8411 or Jason Uhley at 951.955.1273. aR_ Chief of Regulatory Division Attachments c: Whitewater Municipal Stormwater Permittees NPDES File ABC:bjp 30 RUTAN ATTORNEYS AT LAW April 4, 2008 VIA FACSIMILE AND FIRST CLASS MAIL California Regional Water Quality Control Board Colorado River Basin Attention: Jay Mirpour, Water Resources Control Engineer 73-720 Fred Waring Drive, Suite 100 Palm Desert, California 92260 Re: Comments on Colorado River Basin Region NPDES Permit NPDES No. CAS617002 Dear Mr. Mirpour: Terence J. Gallagher Direct Dial: (714) 662-4639 E-mail: tgallaghergrutan.com This office provides City Attorney services for the City of La Quinta ("City") and is providing these comments on behalf of the City. The City appreciates the opportunity to comment on draft Order R7-2008-0001 (the "Permit"). The draft Permit will have widespread and significant impacts on La Quinta's ongoing attempts to most efficiently address the water quality issues it faces, as well as La Quinta's overall municipal responsibilities to serve its constituents. Accordingly, we are optimistic that the following comments will result in a municipal stormwater permit that addresses the water quality issues faced by the region, while simultaneously ensuring that the unique regulatory status of municipal separate storm sewer systems ("MS4s") is properly implemented in the Permit. SECTIONS B, D AND G OF THE DRAFT PERMIT SHOULD BE REVISED TO CONFIRM THAT BEST MANAGEMENT PRACTICES WILL BE SUBJECT TO THE "MAXIMUM EXTENT PRACTICABLE" STANDARD. The Discharge Prohibitions provisions in Section B of the draft Permit, the Receiving Water Limitations provisions under Section D, and the provision entitled "Total Maximum Daily Loads," Section G, should be revised and clarified to confirm that the applicable standard for the Perminees in meeting water quality standards objectives or TMDI.s is limited by the "maximum extent practicable" ("MEP") standard. Section B, paragraph 1, page 21 states that "The discharge of Urban Runoff from the Permittees' MS4 to Waters of the United States containing Pollutants, which have not been reduced to the MEP, is prohibited." (Emphasis added). Also, Section D. paragraph 1 of page 24 Rutan & Tucker LLP 1 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92626-1950 1 714-641-5100 1 Fax 714-546-9035 �yQ e±mai;m0-mmt Orange County I Palo Alto I www.rutan.com l 34 !1975100'a04010N RUTAN ATTORNFYS At LA. California Regional Water Quality Control Board April 4, 2008 Page 2 states: "The SWMP and its components shall be designed to achieve compliance with Receiving Water Limitations associated with discharges of Urban Runoff. It is expected that compliance with Receiving Water Limitations will be achieved during an iterative process and the application of BMPs to the MEP." (Emphasis added). These provisions very clearly provide that the BMPs to be implemented will be held to the MEP standard. In addition, other provisions state that the Permit does not mandate strict compliance with water quality standards. "[T]his Order does not require strict compliance with water quality standards." (Permit § A, 163 pp. 19- 20; see also, § A, 163, p. 20 [indicating that permit does not impose a "numeric limits approach."]) The language under Section B.3.f, "Discharge Prohibition," however, is not limited by MEP, and instead appears to prohibit all "Urban runoff discharges from the Permittees MS4 which come or contribute to exceedences of receiving WPS (as defined by `Beneficial Uses" and WPS in the Basin Plan and amendments thereto)." Because the Discharge Prohibition language in Section B.3.f is inconsistent with and contradicts the other provisions of the Proposed Permit which provide for compliance with water quality standards and discharge prohibitions to the "MEP;" the language in Section B.3.f creates an ambiguity in the Permit and should be revised to make it clear that this section is also governed by the MEP standard. Because "urban runoff," as defined in the Permit, includes "storm water," as defined in the Federal Regulations, if Section B.3.f is not limited by the MEP standard, this section exceeds the requirements of federal law. In addition, the discussion of the Receiving Water Limitations in Section D, paragraph 2 at page 24, describes various procedures that are applicable when exceedances of water quality standards persist despite implementation of the SWMP and other permit requirements. Included in the measures to be undertaken in those circumstances are additional BMPs to prevent or reduce the discharge of pollutants. (See § D, ¶ 2.a.-e.) Given the Permit's clear language in Section D.1, these additional compliance measures should consist of the implementation of BMPs as limited by the MEP standard, as opposed to strict compliance with numeric limits, which would impose obligations beyond the MEP standard. To avoid any confusion on the issue, we request that the Permit clearly specify that these additional BMPs required under subparagraph D.2 are also subject to the MEP standard as confirmed in subparagraph D.1. Similarly, Part G (p. 45) "Total Maximum Daily Loads" should be revised to reflect the fact that revisions to the SWMP to implement the implementation plan for a TMDL's waste load allocations ("WLAs") will be governed by the MEP standard. 8975 1563OAW9 3 4 9 sa�szo 03 uonnwme RUTAN ATTORNE" AT LAW California Regional Water Quality Control Board April 4, 2008 Page 3 2. THE DRAFT PERMIT DOES NOT CONTAIN THE ANALYSIS REQUIRED BY WATER CODE SECTIONS 13000 AND 13241. A far reaching concern with the draft Permit derives from the Regional Board's obligation to comply with the requirements of California Water Code sections 13000 and 13241 in issuing the Permit. Under the holding of City of Burbank v. State Water Resources Control Board (2005) 35 CalAth 613, the Regional Board must consider the factors set forth in Water Code sections 13000 and 13241 when adopting a waste discharge requirement (which simultaneously acts as an NPDES permit under the Clean Water Act ("CWA")), unless consideration of the those factors "would justify pollutant restrictions that do not comply with federal law." (Id. at 627.) Water Code sections 13000 and 13241 impose an overarching requirement of achieving economically feasible, reasonable water quality standards when issuing WDRs and NPDES permits. "[Slection 13263 directs regional boards, when issuing waste water discharge permits, to take into account various factors including those set out in section 13241." (Burbank, 35 CalAth at 625.) Pursuant to the express requirements of Water Code section 13241, factors to be considered when the Board adopts or amends water quality objectives "shall include, but not necessarily be limited to, all of the following:" (a) Past, present, and probable future beneficial uses of water. (b) Environmental characteristics of the hydrographic unit under construction, including the quality of water available thereto. (c) Water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area. (d) Economic considerations. (e) The need for developing housing within the region. (f) The need to develop and use recycled water. (Emph. added.) Similarly, Water Code section 13000 provides, in part, as follows: 611101%10- )99 89753001.04�04roa �. 3 5 �� RUTAN n7mxvIyl n'tam California Regional Water Quality Control Board April 4, 2008 Page 4 The Legislature further finds and declares that activities and factors which may affect the quality of the waters of the state shall be regulated to attain the highest water quality which is reasonable, considering all demands being made and to be made on those waters and the total values involved, beneficial and detrimental, economic and social, tangible and intangible. (Emph. added.) Interpreting the Water Code's provisions applicable to the adoption of waste discharge requirements and NPDES permits, the Burbank case held that the State and Regional Water Boards must comply with the Water Code's requirements, unless the Boards' compliance with the state laws creates a conflict with federal law and State law is thereby pre-empted. (Burbank, 35 Cal.4th at 626-627.) The decision specifically recognizes that state -issued permits can contain limitations that are "more stringent than required by federal law." (Id. at 628; see also County of Los Angeles v. Commission on State Mandates (2007) 150 Cal.AppAth 898, 916 ["The court thus acknowledged in Burbank that an NPDES permit may contain terms federally mandated and terms exceeding federal law."].) Burbank holds that the State's Water Boards need not comply with the Water Code provisions only when compliance with these state laws creates a conflict with the CWA because federal law imposes more stringent standards. Thus, Burbank requires that the Regional Board comply with Water Code sections 13000 and 13241 unless federal law mandates the specific requirements set forth in the Permit. If federal law does not impose the specific requirements of a permit, the Board must comply with state law, including Water Code section 13000 and 13241. Here, because the Permit contains numerous obligations which are not required by either the CWA or the U.S. EPA's regulations promulgated under the CWA, the Regional Board must consider the factors in Water Code sections 13000 and 13241 before issuing the Permit. Under the CWA, municipalities are subject to the MEP standard for storm water discharges. As noted above, however, unless the permit is revised to remove any ambiguity as to the applicability of the MEP standard, a number of the Permit provisions could be construed to go far beyond the MEP standard. For instance, section B.3.F. of the draft Permit, "Discharge Prohibitions" prohibits "Urban Runoff discharges from the Permittees' MS4 which cause or contribute to exceedances of WQS (as defined by "Beneficial Uses" and WQOs in the Basin Plan and amendments thereto)." Also, section D, subsections 2.a.-e. impose various obligations where "exceedance(s) of WQS persist[.]" Still elsewhere, the draft Permit makes findings regarding permittee's responsibility for the discharges of others: section A.6, p. 4. provides that "[a]s operators of the MS4s, the permittees cannot passively receive and discharge pollutants from third parties." 61IMIWt 099 ..j u 351 81)13�10 01 OV04108 RUTAN ATTJP\FYS AT LAN California Regional Water Quality Control Board April 4, 2008 Page 5 Thus, unless the draft Permit is revised to confirm that all discharges by permittees are governed by the MEP standard, Sections B and D as currently written could be construed to mean that any discharge that has caused or contributed to a violation of the water quality standards is a violation of the Permit, irrespective of compliance with the iterative process being followed or the MEP standard. As such, the Permit would require that the permittees strictly comply with water quality standards, regardless as to whether it is reasonable to do so or whether the water quality conditions at issue "could reasonably be achieved." Such a requirement not only goes beyond what is required under federal law, it is also beyond what State law authorizes. To adopt such a provision is to take action that is contrary to law. In addition, the draft Permit's New Development and Construction Activities Program (section F.l.c.) improperly conditions approval of development projects on very specific storm water mitigation measures for new development and redevelopment projects. These requirements to be imposed on such projects, however, are not required by federal law. To the contrary, the regulations to the CWA only contain a very general requirement for the control of pollutants from post -construction runoff from municipal storm drains which receive discharges from areas of "new development or significant redevelopment." (See 40 C.F.R. 122.26(2) (d) (iv) (A) (2).) The particularized storm water mitigation program in the Permit is nowhere to be found in federal law. As such, it is a program that is not "required under" federal law, and compliance with the Water Code's non -conflicting provisions, including sections 13200 and 13241, is necessary. Similarly, federal regulations specify that "states" are required to inspect construction and industrial sites, and the federal regulations do not impose upon municipalities the requirements set forth in the Permit. The Permit's inspection and enforcement provisions applicable to construction and industrial sites, however, impose detailed obligations on municipalities which the CWA has specified are to be carried out by the state. (See Permit § F.Id.5.) These inspection and enforcement requirements go beyond state law, and therefore are subject to the analysis required by Water Code sections 13000 and 13241. Significantly, the Regional Board's consideration of the factors listed in Water Code sections 13000 and 13241 is particularly important because the Board did not rely on those factors in regard to storm water during the development of the water quality objectives and the beneficial use designations in the applicable Basin Plan, or at any time after adoption of the Plan. For example, a number of the water quality objectives were adopted to achieve "potential" beneficial use designations, rather than "probable future" beneficial uses. (See infra, p. 8.) But section 13241(a) requires that the water quality objectives be based on `probable future" beneficial uses rather than "potential" beneficial uses. (See also Water Code § 13000 (which requires achieving water quality for "demands made and to be made" on the State's waters).) Federal law likewise provides that when adopting water quality standards, states are only 6111015610-0009 8117 ;41 u; A1'M ON ��.J 352 RUTAN ATTORVfYI . T 1AW California Regional Water Quality Control Board April 4, 2008 Page 6 required to develop standards by "taking into consideration their use and value." (42 U.S.C. § 1313(c)(2)(A).) For this reason, the existing water quality objectives and standards in the Basin Plan are defective because they were not adopted, and have not been updated, in regard to their application to storm water. To summarize, the Permit contains an exceptional level of detail that is not dictated by the CWA or federal regulations. Federal law does not require the specified development planning components, the specific inspection and reporting requirements, or the specific receiving water limitations and other components specified in the Permit. There is no indication anywhere in the record of any analysis of whether the various requirements in the Permit are "reasonable" as required pursuant to Water Code section 13000. Nor is there any discussion as to whether the "water quality conditions" that are sought to be achieved "could reasonably be achieved" through the various terms of the Permit. The Water Code imposes a clear obligation on the Boards to conduct an analysis and determine whether the obligations are "reasonable" and whether the proposed water quality conditions "could reasonable be achieved" before adopting permit terms. The Water Code also requires an analysis of the economic impacts of the draft Permit. No such analysis appears anywhere in the record. The Permit should not be adopted until the factors set forth in Water Code § 13000 and § 13241 have been analyzed, and the reasonableness requirements of State law have been considered. 3. THE DRAFT PERMIT IMPOSES UNFUNDED MANDATES. The California Court of Appeal recently confirmed that any NPDES requirements that are not dictated by federal law must be funded by the state, or the provisions would violate Article XIII B, Section 6 of the California Constitution. (County of Los Angeles v. Commission on State Mandates (2007) 150 Cal.AppAth 898, 915-916.) The draft Permit and related materials, however, do not address the unfunded mandates that are being imposed on the permittees. Contrary to the draft Permit provisions that discuss this issue and indicate that the draft Permit does not contain unfunded mandates because the Permit (and TMDLs enforced in the Permit) are being imposed pursuant to a federal program (see § A, 163, pp. 18-20), it is only where the federal program mandates a particular requirement upon the state agency that the exception to Article XIII B, Section 6 for federal mandates applies. Where the federal program provides discretion to the State agency to impose a local program, any mandate imposed upon the local municipality through the exercise of that discretion is considered an unfunded mandate and, as such, is prohibited by the California Constitution. (See Hayes,v. Commission on State Mandates (1992) 11 Cal. AppAth 1564, 1570.) It is only when the State has no "true choice" in implementing a federal mandate that the prohibition under the California Constitution can be avoided. (See id. at 1593.) fi 141015610-0099 353 8n75}003 APOV08 !6.J RUTAN 4TTORNEY, AT 1 RV California Regional Water Quality (Iontrol Board April 4, 2008 Page 7 Furthermore, the unfunded mandates imposed by the draft Permit are underscored by Proposition 218's severe limitations on cities' ability to impose fees upon residents as a means to alleviate the substantial compliance costs imposed. (Howard Jarvis Taxpayers Association v. City of Salinas (2002) 98 Cal. AppAth 1351, 1353-1354, 1358-59.) In City of Salinas, the court struck down the city's "Storm Water Management Utility Fee" because it was not enacted by a required majority vote of affected property owners. (ld.) Proposition 218 shares identical purposes with Proposition 4, which resulted in the constitutional amendment prohibiting unfunded mandates in 1979. (See County of Fresno, 53 Ca1.3d at 486.) The purpose of both laws is to provide permanent protection for taxpayers from excessive taxation and to provide discipline in tax spending at both State and local levels. (1d.) The draft Permit, however, attempts to transfer these mandates down to municipalities, who in turn necessarily must attempt to recoup costs from taxpayers. Such unfunded mandates violate the California Constitution. Although the draft Permit states that it does not impose unfunded mandates because the permittees purportedly can impose fees on the public to recoup expenses, Proposition 218 effectively prevents municipalities from imposing any such fees. And in certain circumstances, permittees would be attempting to impose duplicative fees, For example, the draft Permit contains specific requirements for inspection and enforcement of construction and industrial activities. (See e.g., § F.L(b)(ii); § F.L(d)(5).) The State Board, however, already regulates such sites pursuant to the general statewide permits for such activities, and the State Board already collects fees from permittees in order to recoup some of the costs related to the statewide permit programs. Because the State Board already collects fees in relation to such construction and industrial activities, municipalities are not able to realistically impose duplicative fees on the regulated public. Such fees cannot practically be recouped. The draft Permit effectively places primary responsibility on municipalities to enforce the General Statewide Industrial Permit and Construction Permit issued by the State Board without any funding, and thus is a direct violation of Article XIII B, Section 6 of the California Constitution. (See County of Fresno v. State. supra, 53 Cal.3d at 42.47.) In addition and as noted above, the Permit imposes numerous detailed requirements that are not required by federal law. For example, to the extent that Permit Section B (Discharge Prohibitions) and Section D (Receiving Water Limitations) are not revised to plainly be subject to the MEP standard, those provisions impose specific requirements that are not required by federal law. Similarly, although the CWA requires that states adopt TMDLs for listed, impaired water bodies, the CWA does not require any specific load limit. Such TMDL limits are imposed at the discretion of the Water Boards and are not mandated by federal law. Thus, any costs incurred to strictly comply with water quality standards (and any applicable adopted TMDLs) beyond the MEP standard must be funded by the state.1 Additional examples of unfunded mandates being shifted to municipalities, includes the costs 61VO15610A 09 354 897530 03.01AW08 RUTAN ATTURVTYV A11AWW California Regional Water Quality Control Board April 4, 2008 Page 8 In sum, the draft Permit and related materials do not adequately consider additional mandates that are not funded by the state but are imposed by the draft Permit. Because the draft Permit imposes a number of unfunded mandates upon the municipality which are not required by federal law, this state -imposed regulation cannot and should not be imposed until appropriate funding has been provided to the permittees to implement the draft Permit's terms. 4. REGULATION OF "POTENTIAL USES." The Permit should be revised to delete any references to the regulation of "potential" beneficial uses for which there is no support to conclude that there is an actual or reasonably probable use to be made of the subject water. Water Code section 13000 provides that the quality of the waters of the state "... shall be regulated to attain the highest water quality which is reasonable, considering all demands being made and to be made on those waters ...." Moreover, Water Code section 13241 only allows for the establishment of water quality objectives for "past, present and probable future" beneficial uses. The draft Permit currently references several "potential" uses to be made of the subject watershed. (See Sec. A. 1150, p. 15; K, ¶ 54 [definition of "Beneficial Uses."]) These provisions should be revised, and all requirements which are issued based on "potential" uses should be deleted. 5. THE REGIONAL, BOARD MUST COMPLY WITH CEQA BEFORE ISSUING THE SUBJECT PERMIT. Section A, Paragraph 60, at p. 18 of the Permit incorrectly provides as follows: 60. The issuance of an NPDES permit for this discharge is exempt from the provisions of the California Environmental Quality Act (CEQA), Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code, in accordance with Water Code Section 13389. In accordance with Section 15301, Chapter 3, Title 14 of the California Code of Regulations, the issuance of this MS4 Permit, which governs the operation of an existing facility involving negligible or no expansion of use beyond that previously existing, is exempt from CEQA. associated with complying with the detailed New Development/Redevelopment and Construction Activities Program. These provisions also violate the unfunded mandates doctrine unless the state provides funding for the programs. 6` 11015610-W99 997510111 A VOW RUTAN ♦TTUFNIII {1 LeW California Regional Water Quality Control Board April 4, 2008 Page 9 This finding is contradicted by the plain language of Water Code section 13389 and other provisions of the Porter -Cologne Act. (See Water Code § 13372, which provides that the provisions of that Chapter of the Porter -Cologne Act, which includes section 13389, only apply to the extent of the requirements required under federal law.) Soon after Congress adopted the Clean Water Act, the California Legislature added Chapter 5.5 to the Porter -Cologne Act for the purpose of adopting the necessary federal requirements to ensure it would obtain EPA approval to issue NPDES Permits. (City of Burbank v. State Water Resources Control Board (2005) 35 Cal.4th 613, 627.) Chapter 5.5 is "to be construed to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act," but to "apply only to actions required under the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto." (Water Code § 13372(a), emph. added; see also Burbank, supra, 35 CalAth 613, 626-27.) With the adoption of CEQA, the California Legislature found and declared that "this division is an integral part of any public agency's decision -making process, including, but not limited to, the issuance of permits, licenses, certificates ...." (Public Resources Code § 21006; emph. added.) CEQA further contains a "substantive mandate" that public agencies are to refrain from approving projects with significant environmental impacts if "there are feasible alternatives or mitigation measures available which would substantially lessen" or avoid those effects. (Mountain Lion Foundation v. Fish & Game Com. ("Mountain Lion") (1997) 16 CalAth 105, 134.) Thus, before issuing an NPDES Permit, in accordance with the requirements of CEQA, any water board must conduct an environmental review of the proposed permit's impacts on the environment. (See Public Resources Code § 21006). Section 13389, entitled "Applicability of Environmental Impact Reports," provides that no state or regional board "shall be required to comply with the provisions of Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code prior to the adoption of any waste discharge requirement ...." (Water Code § 13389; emph. added.) Section 13389 of the Porter -Cologne Act, however, provides only a limited exemption from complying with Chapter 3 of CEQA when a water board issues waste discharge requirements (a term which includes NPDES Permits, see Water Code § 13374). The statute's title itself reinforces its limited exemption as to CEQA review: it confirms the exemption pertains only to the "Applicability of Environmental Impact Reports" ("EIRs"). Furthermore, the plain language of Section 13389 makes clear that the exemption provided therein is only an exemption from "Chapter 3 of CEQA," that is, an exception from the requirement to prepare an EIR. Water Code section 13389 does not exempt the Regional Boards from "Chapter I and Chapter 2.6" of CEQA. Thus, the State Board's regulation at Title 23 C.C.R. § 3733 provides that section 13389 "does not apply to the policy provisions of Chapter 1 of CEQA." (Emph. added.) Also, several 6> V015610-0099 997510 01 AV04108 356 �sl.. RUTAN ATTOPNEYC AT 1 ADD California Regional Water Quality Control Board April 4, 2008 Page 10 prior decisions issued by the State Board confirm that section 13389 is limited. (In the Matter of the Petition of Robert and Federick Kirtlan, State Board Order No. WQ75-8 [Regional Board was required to have complied with Chapters I and 2.6 of CEQA]; In re the Matter of the Petition of the Sierra Club, San Diego Chapter, State Board Order No. WQ84-7 ["Section 13389 does not exempt Regional Boards from the policy provisions of CEQA (PRC § 21000 — 21100)."] Finally, Water Code section 13389 "only applies to actions required under the Federal Water Pollution Control Act...." (Water Code § 13372(a), emph. added; see also Committee for a Progressive Gilroy v. State Water Resources Control Board (1981) 192 Cal.App.3d 847. and Burbank, supra, 35 CalAth 613, 620, 626-27 [explaining that the Legislature amended the State's Porter Cologne Act "to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act," and finding the Porter Cologne Act is to be interpreted so as to comport with principles of federal supremacy and therefore not allow the discharge of pollutants in concentrations that exceed the mandates of federal law].) [loth the broad policy behind CEQA and its explicit terms require an environmental review of the potential adverse environmental impacts from the issuance of an NPDES Permit. (Sec, Public Resources Code §§ 21000, 21001 and 21006.) The express language of section 13389 confirms that it plainly is only an exemption from the duty of creating an EIR. And even then, the exemption is only to the extent the particular terms of the subject NPDES Permit are required by the CWA. (Water Code § 13372(a).) Here, the provisions of Section F.l.c., page 34 of the proposed Permit entitled "New Development/Redevelopment and Construction Activities Program," are not "required under" federal law. As such, these provisions of the permit can only be adopted after compliance with all aspects of CEQA. In addition, to the extent the Permit will result in permittees being required to strictly comply with water quality standards, TMDLs, or other numeric limits, such compliance is not "required under" federal law. Again, the Regional Board must comply with all aspects of CEQA before adoption of such strict compliance requirements. And, for all other portions of the proposed permit, all aspects of CEQA except Chapter 3 apply and must be adhered to as a minimum level of mandated review of environmental impacts. 6. SECTION F.I.C. OF THE PERMIT — "NEW DEVELOPMENT/ REDEVELOPMENT AND CONSTRUCTION ACTIVITIES PROGRAM" CONTRADICTS AND IMPROPERLY OVERRIDES THE CEQA PROCESS TO BE FOLLOWED 13Y CITIES. The Permit's New Development/Redevelopment and Construction Activities Program improperly conditions approval of development projects on very specific stormwater mitigation 61 1/01561160099 y,._ . 3 5 7 897530 03 ,W10d108 RUTAN ATTORNEY( AT LAW California Regional Water Quality Control Board April 4, 2008 Page 11 measures for new development and redevelopment projects. These requirements to be imposed on such projects, however, are not required by federal law. To the contrary, the regulations to the CWA only contain a very general requirement for the control of pollutants from post - construction runoff from municipal storm drains which receive discharges from areas of "new development or significant redevelopment" (See 40 C.F.R. 122.26(2)(d)(iv)(A)(2).) The particularized storm water mitigation program in the subject Permit is nowhere to be found in federal law. As such, it is a program that is not "required under" federal law, and a CEQA analysis is required. Furthermore, this program directly conflicts with CEQA by dictating how a local agency is to approve a project under CEQA. Under Public Resources Code section 21081.6(c), a responsible agency cannot direct how a lead agency is to comply with CEQA's terms: Any mitigation measures submitted to a lead agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of and definitions applicable to, that agency. Compliance or non-compliance by a responsible agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit ... the authority of the lead agency to approve, condition, or deny projects as provided by this division or any other provision of law." (Public Resources Code § 21081.6(c); emph. added.) Public Resources Code section 21080.1 similarly makes clear that the lead agency's determination "shall be final and conclusive on all persons, including responsible agencies, unless challenged as provided in Section 21167" (emph. added). It further states that the lead agency "shall be responsible for determining whether an environmental impact report, a negative declaration, or mitigated negative declaration shall be required for any project which is subject to this division." (Public Resources Code § 21O80.1(a).) In addition, under Public Resources Code section 21083.1, no additional procedural or substantive requirements beyond those expressly set forth in CEQA may be imposed on the CEQA review process: It is the intent of the Legislature that courts, consistent with generally accepted rules of statutory interpretation, shall not interpret this division or the state guidelines adopted pursuant to Section 21083 in a manner which imposes procedural or 6' 110156 M-0099 ..i 353 991530 03 a04dW/08 RUTAN ATTORNEY' AT IAV California Regional Water Quality Control Board April 4, 2008 Page 12 substantive requirements beyond those explicitly stated in this division or in, the state guidelines. (Public Resources Code § 21083.1.) In short, the draft Permit does not contain the necessary CEQA review, and it imposes permit terms which expressly seek to "limit the authority of the lead agency [i.e. the municipalities] to approve, condition or deny [New Development/Redevelopment] projects." (Public Resources Code § 21081.6(c).) The draft Permit's New Development/Redevelopment Program (see § F.I.c.) concludes that all runoff from a wide class of new development and redevelopment projects will result in significant adverse impacts on the environment, and that such significant adverse impacts must be mitigated by a particular mitigation measure: the SWMP design standards in the Permit. The Permit thereby completely eliminates a local agency's discretion to consider and approve feasible alternatives or mitigation measures to these requirements, even if these alternative mitigation measures will have less of an impact on the environment. Public Resources Code section 21002 provides that public agencies "should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, ...... (Emph. added.) The Permit's design standards provisions eliminate a city's discretion to consider feasible alternatives or mitigation measures. But, "CEQA mandates that public agencies refrain from approving projects with significant environmental effects if there are feasible alternatives or mitigation measures that can substantially lessen or avoid those effects." (City q%Arcadia, supra, 135 Cal.App.4th 1392, 1421, citing Mountain Lion Foundation v. Fish & Game C'om. (1997) 16 CalAth 104, 132.) Public Resources Code section 21002 also provides that: "The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof." Public Resources Code section 21081(b) then establishes a mechanism for local agencies to approve projects with unmitigated adverse impacts, if they adopt a Statement of Overriding Considerations. (Public Resources Code § 21081(b).) The proposed permit's design standards requirement would eliminate a municipalities' discretion to approve a project without the design standards being met, even if a municipality adopts such a statement of overriding considerations. The New Development and Redevelopment Program requirements under Part F of the Permit requirements should be revised so as not to conflict with CEQA. 6nm15610-0099 359 g9,510 01 e0 VO4,08 C"' RUTAN ATTORNEY, n' L,W California Regional Water Quality Control Board April 4, 2008 Page 13 7. THE PERMIT DOES NOT CONTAIN A COST -BENEFIT ANALYSIS FOR MONITORING AND REPORTING REQUIREMENTS AS REQUIRED BY THE WATER CODE. The Permit contains numerous provisions requiring that municipalities conduct monitoring and report to the Regional Board on the status of various water quality issues. (See Section L, pp. 67-74.) To impose these monitoring and reporting requirements, however, Water Code section 13267 requires that the Regional Board first conduct a cost -benefit analysis. Water Code section 13267(b) provides in relevant part as follows: (b)(1). In conducting an investigation specified in subdivision (a), the Regional Board may require that any person who has discharged ... or who proposes to discharge, waste ... within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the Regional Board requires." The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. Iri requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports. (Water Code, § 13267(b), emph. added.) Similarly, Water Code section 13225(c) requires a cost/benefit analysis. It provides as follows: Each regional board, with respect to its region, shall: (c) Require as necessary any state or local agency to investigate and report on any technical factors involved in water quality control or to obtain and submit analysis of water; provided that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained therefrom. (Water Code § 13225(c), emph. added.) These statutes require a cost/benefit analysis before the Regional Board can impose any monitoring or reporting obligations on municipalities. We therefore request that the cost -benefit analysis mandated by the Water Code be conducted, or alternatively, that the monitoring and reporting requirements be removed from the Permit. ° n •I/UI5610-0fW9 3G3 897170 0144M DH RUTAN ATTOkNFY, AT IA`Y California Regional Water Quality Control Board April 4, 2008 Page 14 8. THE EXECUTIVE OFFICER IS NOT AUTHORIZED TO ADOPT OR AMEND ANY PERMIT OR SWMP PROVISIONS THAT ARE TO BE A PART OF THE PERMIT. The Permit contains provisions which are contrary to law to the extent they provide that modifications to the Permit or SWMP can be made through approval of the Regional Board executive officer, rather than the board itself. Section. A, paragraph 4 at page 4 states: "Similarly, any future Permitee modifications of the SWMP, if approved by the Regional Board Executive Officer, become enforceable components of this MSd Permit as well." In addition, page 45, section G indicates that "proposed revisions to the SWMP shall be ... submitted to the executive officer for review and approval ...." These provisions are contrary to statute. The Water Code specifically provides that only the Regional Board can approve an NPDES permit and its component SWMP to the extent the SWMP becomes a part of the Permit: "(a) Each regional board may delegate any of its powers and duties vested in it by this division to its executive officer excepting only the following: (1) the promulgation of any regulation; (2) the issuance, modification, or revocation of any water quality control plan, water quality objectives, or waste discharge requirement ...." (Water Code § 13223.) Accordingly, the executive officer does not have the authority to approve amendments to the draft Permit. The proposed Permit should be revised accordingly. 9. THE PERMIT IMPROPERLY SPECIFIES THE MANNER OF COMPLIANCE IN VIOLATION OF WATER CODE SECTION 13360. The draft Permit contains detailed means by which permitees must comply with the Permit, along with detailed requirements on what specific construction, commercial and industrial programs must be adopted. These terms dictate the means of compliance with the Permit in contravention of Water code section 13360 Section 13360(a) provides as follows: No waste discharge requirement or other order of a regional board or the state board or decree of a court issued under this division shall specify the design, location, type of construction, or particular manner in which compliance may be had with that requirement, order, or decree, and the persons so ordered shall be permitted to comply with the order in any lawful manner. (§ 13360(a), emph. added) „- 361 49-110 111 dU 194 OS RUTAN \TTUPN LYS ,T I,W California Regional Water Quality Control Board April 4, 2008 Page 15 Water Section 13360 provides that Water Board can not prescribe the manner in which compliance may be achieved with discharge standards. That is to say, the Water Boards may "identify the disease and command that it be cured but not dictate the cure." (Tahoe -Sierra Preservation Council v. Stale Water Resources Control Board ("Tahoe -Sierra") (1989) 210 Cal.App.3d 1421, 1438, emph. added; see also 16 Op. Cal. Atty. Gen. 200, 2001 (1951) ["a regional board may prescribe only the end result to be attained .... It may not control the manner of achieving this result."].) As noted above, the New Development/Redevelopment and Construction Activities Program, and the industrial facility inspection and enforcement provisions are far more detailed and onerous than the requirements of the CWA and underlying regulations (See 40 CFR § 122.26). In addition to being more stringent than required by federal law, these detailed compliance measures also violate Water Code section 13360's prohibition against specifying the manner of compliance with water quality regulations. Such detailed prescriptions should be removed from the draft Permit. 10. CONCLUSION. La Quinta recognizes the importance of minimizing water pollution, and the City remains committed to achieving the highest, reasonably attainable water quality in its jurisdiction and the surrounding region. We believe that revision of the Permit to address the issues discussed above will result in a Permit that maximizes water quality, while simultaneously addressing the unique qualities of storm water pollution prevention and municipalities' ongoing duty to prevent Flooding through operation of their storm water sewer systems. Accordingly, La Quinta looks forward to working with the Regional Board and other stakeholders to achieve a Permit that meets the needs of the region in reducing pollution, while simultaneously regulating municipalities in accord with the CWA and Water Code. Very truly yours, RUTAN & TUCKER, LLP Terence J. Gallagher "fJG:dkg cc: Tim Jonasson Ed Wimmer M. Katherine Jenson Brian Ching 362 621/015610-0099 891510 01 a04104/08 TAN AT'FORNLYS AT LAW ATTACHMENT RUtan & Tucker, LLP ORANGE COUNTY 611 Anton BIM., Swte 1400 PO Box 1950 PALO ALTO Costa Mesa. CA 92628-1950 (650) 320-1500 (714)6415100 Fax(714)546-9035 w .njtan.com A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS MEMORANDUM TO: Tim Jonasson FROM: Terence Gallagher DATE: May 2, 2008 FILE NO.: 015610-0099 RE: Legal Background Summary of Proposed Storm Water Permit To Be Issued by Colorado River Basin Water Quality Control Board On May 21, 2008, the Colorado River Basin Water Quality Control Board ("Regional Board") is scheduled to consider the adoption of tentative Order No. R7-2008-0001, the Municipal Storm Water Permit ("Permit") for the Region. The Permit is required by the Federal Clean Water Act, and is also subject to the requirements of the California Water Code. The Permit regulates the City of La Quinta's and other co-permittees' ownership and operation of their municipal storm drain control systems. The Permit is required because the Clean Water Act prohibits the discharge of any pollutant from a discernable source (known as a "point source) into surface waters of the United States. Such waters include streams and other identified tributaries to larger water bodies. These regulated water bodies also include man made water ways, such as the Coachella Valley Storm Water Channel. When rainfall makes its way into and being carried by storm sewer systems, urban storm water runoff accumulates pollutants from numerous sources. Because the Clean Water Act prohibits the discharge of such polluted water from storm drain systems without a permit, municipalities throughout the state and nation must obtain permits under the Act's "National Pollution Discharge Elimination System" provisions. In addition to La Quinta, the joint Permit regulates the County of Riverside, the Riverside County Flood Control and Water Conservation District, the Coachella Valley Water District, and the incorporated Cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, Palm Desert, Palm Springs and Rancho Mirage. All of the co-permittees have filed extensive comments on the draft Permit. Attached as Exhibit 1 is the most recent comment letter separately submitted on behalf of the City of La Quinta. Exhibit 2 is Riverside County Flood Control and Water Conservation District, which was submitted on behalf of each of the co-pemuttees. These letters contain extensive discussion of the unique nature of protecting water quality in the Coachella Valley, as well as the legal and 624/022390-0003 a, 3 3 881207.03 aO5/01/08 Tim Jonasson May 2, 2008 Page 2 factual basis of the municipalities' concerns regarding the Permit's requirements. The attached letters were submitted to the Regional Board in addition to similar letters commenting on prior Permit drafts. In summary, the fundamental basis of the comments is that many of the Permit's requirements can be interpreted and enforced in a manner that exceeds the express requirements of the federal Clean Water Act and U.S. EPA regulations under the Act. It is our contention that the Regional Board is required under State law to identify and analyze the provisions of the Permit, including an analysis of (i) whether the disputed terms and desired water quality conditions "could reasonably be achieved", (ii) the economic considerations and impacts on co- permittees, (iii) impacts on housing, and (iv) the unique environmental characteristics of the specific water bodies being regulated. For example, certain provisions of the Permit can be read to require that the City strictly comply with all water quality objectives, including those applicable to bacteria. If a water quality objective is exceeded before the runoff enters the receiving water, regardless of the source of the bacteria, be it in an upgradient city's runoff or natural causes, La Quinta could be in violation of the permit. And the violation could be deemed to occur even where the City is taking all previously -approved, appropriate measures to eliminate or reduce the discharge to the maximum extent practicable. In addition, we believe that the Regional Board is imposing certain mandates on the City, such as requiring inspections of State - permitted facilities, without providing an adequate source of funds, in violation of the "unfunded mandates" provisions of the California Constitution. AV 624/022390-"3 3 S 881207.03 a05/01/08 REPORT/INFORMATIONAL ITEM: l y INVESTMENT ADVISORY BOARD Meeting March 12, 2008 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:30 P.M. by Vice -Chair Rassi, followed by the Pledge of Allegiance. PRESENT: Board Members Ross, Moulin, Park and Rassi ABSENT: Chairperson Daniel OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS — None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Mr. Falconer requested that the handouts submitted by Board Members Rassi, Ross and Moulin, be added and discussed under Section V, item B. Consideration of the Fiscal Year 2008/09 Investment Policy. In response to Board Member Ross, Mr. Falconer advised that the Section reviewed and redlined by Board Member Rassi was included in the agenda packet for the Board's review. In response to Board Member Ross, Board Member Park advised that he did not have a handout for the Board's review, but during the discussion of the investment policy, would have a verbal update. IV CONSENT CALENDAR Approval of Minutes of Meeting on February 13, 2008 for the Investment Advisory Board. Board Member Rassi advised that Section X of the investment policy was not assigned for his review but was assigned to the entire Board for review. Staff to amend meeting minutes to reflect change. MOTION - It was moved by Board Members Moulin/Ross to approve the minutes of February 13, 2008, as amended. Motion carried unanimously. V. 365 Investment Advisory Board Minutes March 12, 2008 V BUSINESS SESSION A. Transmittal of Treasury Report for January 2008 Board Member Moulin asked if the Board had any comments as to the Treasurer's decision to invest "short" at this time. No comments from the Board. MOTION - It was moved by Board Members Moulin/Ross to approve, receive and file the Treasury Report for January 2008. Motion carried unanimously. B. Consideration of the Fiscal Year 2008/09 Investment Policy Board Member Rassi advised of his review of the appointed items of the investment policy and his recommendations were as follows: 1) recommended that the "Investment Board" also be incorporated as part of Section VIII "Conflict and Interest," 2) Section IX, "Authorization Financial Dealers and Institutions," name change to the financial institution and is now known as FINRA. General discussion ensued among the Board regarding the incorporation of the Board into Section VIII and whether or not the board actually makes "recommendations." Board Member Ross recommended that this issue be continued for further discussion. Mr. Falconer recommended that Staff follow-up with the City Attorney for clarification. Board Member Rassi advised that he had no recommended changes to Section XII "Payment and Custody." Board Member Park advised that he was assigned to review Sections 13, 14, 15 and 18. Board Member Park also advised that after his review of theses Sections and his discussion with Chairwoman Daniel, they would recommend either integrating 14, "Internal Controls," and Section 15, "Benchmark," or possibly placing them in a more appropriate order. Board Member Park stated that he felt that there was a "rubber-stamp" issue with an approval by the City Manager on page 7, last sentence of "Delegation of Authority." Investment Advisory Board Minutes March 12, 2008 Mr. Falconer reviewed the City's approval process for a trade and advised that the City Manager does at times question a trade. Mr. Falconer further advised that this approval process is unique to the City of La Quinta due to the Wymer incident. Board Member Park stated that he feels that the sentence is reading as if the City Manager was approving the trade. Mr. Falconer clarified that the City Manager approves the investment of a category and not a "specific" investment (i.e. approval of commercial paper, not GE commercial paper); he approves the parameters of a trade. General discussion ensued regarding the reading of the sentence and the Board suggested possibly elaborating on the sentence for more clarity. In addition it was suggested by Board Member Ross upon rewording of the sentence, that the sentence be placed under Section VII "Delegation of Authority." Mr. Falconer advised leaving the sentence within its current Section. It was consensus of the Board that Board Member Park attempt to rewrite the sentence and present it at the next scheduled meeting. Board Member Moulin stated that he.felt that the underlining of specific sentences be eliminated from the policy and suggested either placing in bold or italic text. In response to Board Member Park, Mr. Falconer advised that Section XIII "Interest Earning Distribution Policy," item B, that the general fund management fee of 5 % derives from a one time journal entry charged on a yearly basis, which is typical for most cities to do. Board Member Park advised that upon his review of Section 18, there were no recommended changes but asked Staff to elaborate on the "Arbitrage Requirement." Mr. Falconer stated that the City has to perform arbitrage calculations for the IRS to ensure that excess interest income earnings on bond proceeds are remitted to the IRS. Mr. Falconer also stated that the City does not maintain bond reserve funds, but instead maintains a surety bond. In response to Board Member Park, Mr. Falconer advised that the City has never had to pay any excess fees to the IRS. 4. ; s 367 Investment Advisory Board Minutes March 12, 2008 Board Member Park shared with the Board his discussion with Chairwoman Denial, Board Member Park stated that he feels Sections eight and fourteen should be integrated, with Chairwoman Daniel disagreeing. Chairwoman Daniel asked Board Member Park to defer this issue to Board Member Moulin. Board Member Park also shared Chairwoman Denial's justification for not combining the sections: 1) she felt that they were two different topics with one Section evolving around the personal affairs of the employees of the city and 2) the other establishing proceeds for internal controls and external order. She felt that by reorganizing the two sections they would follow one after the other achieving clarity and simplicity, again asking that this be deferred to Board Member Moulin. Board Member Park advised that he felt there were some redundancies. Board Member Moulin asked where there were redundancies and Board Member Park reiterated that he feels that the two Sections could be integrated and will forward his notes to Board Member Moulin for his review. In response to Board Member Rassi, Board Member Ross advised that the roman numeral numbering in the policy was correct. Board Member Ross suggested they discuss his four page handout at this time. Board Member Ross advised of the review of page 9 and the suggestion by Board Member Moulin to integrate a table within this particular Section of the policy and a change to the title. Board Member Moulin suggested that Section X's title be changed to "Permissible Deposits and Investments," with an additional column added to the table and labeled "restrictions." Board Member Ross advised that this is a condensed table from Appendix A on page 19 of the existing policy, using the first column, with the use of two additional columns, in addition to adding a column for restrictions. Board Member Moulin advised that the objective of the table is to reflect the investments the City can invest in, as authorized by city code. Board Member Ross advised that the Appendix A would remain within the policy due to the informative information it provides. Board Member Ross advised of the following changes: a •. , 3613 Investment Advisory Board Minutes March 12, 2008 Page 4: Section IV "Objectives" item 1. "Safety" deleted item 4 "Diversification" and integrated it into item 1 with a modification to the language to reflect the change. Page 5: Credit Risk -Third bullet point was deleted due to the integration into item 1. Item 2. Liquidity: slight modification to the wording, anticipated cash needs replaced operating requirements. Item 3. Yield: Deleted existing language and replaced with the first paragraph of Section XV Benchmark, which is almost a duplication of yields existing paragraph. Additional language was incorporated from a memo dating back in August of 2007 from Board Member Moulin. Page 6: Deleted item 4 Diversified Portfolio. Board Member Ross advised of a conversation at a previous. meeting as to the placement of the professional portfolio management firm within the policy and further advised that he had no suggestions at this time. Board Member Moulin advised that at the previous meeting there were drastic changes to be made to the investment policy and Chairwoman Denial advised at that time she would review and make those changes. Board Member Moulin asked the Board if Chairwomen Daniel had a chance to make those changes. The Board discussed recommended changes presented at a previous meeting by Board Member Moulin. (Board referred to previous handout.) The discussion at that time was in reference to safety, liquidity and yield. Board Member Moulin advised that the current policy begins with a "General Purpose" and proposed using the language from the Government Code, Section 53600.5. Board Member Rassi advised that terms, Safety, Liquidity and Yield are used largely by the Municipal Treasurers Association and suggested leaving the terms within the policy as follows: "Safeguard Principal" Safety; "Safeguard Principal" Liquidity and "Safeguard Principal" Yield. Board Member Moulin read Government Code Section 53600.6 for the Board and advised that the government codes uses the term "Safeguard of Principal" not the term "Safety." 5 369 Investment Advisory Board Minutes March 12, 2008 General discussion ensued among the Board as to whether or not the terms should remain within the policy or use the proposed language from the Government Code as suggested by Board Member Moulin. Board Member Ross advised that also discussed previously was Board Member Moulin's recommendation to add the term "deposit" in Section II Investment Policy. Board Member Moulin advised that he had also made suggested title change to Section II -Delegation of Authority, to read just "Authority" and also incorporated language from Government Code Sections 35607 and 35068. Board Member Ross concurred with the recommended title change. Board Member Park asked if "Approval" might be a better word versus the word "Authority." Mr. Falconer asked if this would be a better title for this section. No comments were made. Board Member Moulin advised of his recommendation to change the Objectives section to Section III, which places the investment risks into the safeguard section. He further advised that it was discussed possibly incorporating the language from GASB 41. Staff will follow up to find out if the language from GASB 41 can be used with the city's policy. Board Member Moulin advised of a modification to the language in item 2 "Provide Liquidity" second sentence to include the term "to satisfy all obligations," in lieu of "anticipated cash needs." In response to Board Member Park, Board Member Moulin advised that the wording prior was "operating requirements" which he felt was too limiting. Mr. Falconer advised that the Board keep in mind there are times that Staff will have liquidity needs that are not always budgeted, if an opportunity arises the City would like to take advantage of these opportunities. Therefore he would like to the Board to keep in mind that these opportunity are not always anticipated and they are "extra- ordinary" not ordinary. Board Member Ross advised that this could be expressed with terms such as obligations, demands, needs or requirements. A. 370 Investment Advisory Board Minutes March 12, 2008 Mr. Falconer advised that the term "demand" used in government is usually a formal term, such as demand register, which usually is a reference to warrants or checks. Board Member Moulin asked if the term demand within the forth sentence would be appropriate used. Mr. Falconer replied yes. Board Member Park suggested possibly using the term "opportunity." Board Member Ross advised that he would attempt to rewrite the sentence. Board Member Rassi advised that the third sentence uses the term "anticipated demands" and feels this term suffices. Board Member Moulin referred to the last page of his handout, item 3 Earn of Market Rate of Return, and advised that he had taken wording from the "Benchmark Section and incorporated into item 3 and also added the term "risk -based market rate of return." Board Member Ross asked if Chairwoman Daniel had comments to the changes. Board Member Moulin replied no. Board Member Ross advised that the term "budgetary cycle" was eliminated from this section. In response to Board Member Moulin, Board Member Ross and Mr. Falconer reviewed the budgetary cycle for the Board. Board Member Moulin advised that since the budgetary matters affect liquidity and he suggested adding a paragraph into the budgetary section regarding liquidity. Board Member Ross advised that he agrees with the term "budgetary cycle" and would like to incorporate back into the policy. Board concurred. In response to Board Member Ross, Board Moulin advised that he referenced code section 53607 and 53608 for consideration as footnote within the policy. He further advised that this would help with the continued delegation of authority. In response to Board Member Ross, Mr. Falconer advised that he would provide a copy of the resolution at the next scheduled meeting. 371 Investment Advisory Board Minutes March 12, 2008 Board Member Moulin asked if there were any comments to the section of comparative rate of return. Board Member Moulin advised that he propose eliminating the Benchmark section and incorporate into comparative rate of return. Board Member Ross asked Board Member Moulin if he would like to use the wording he proposed back in August. Board Member Moulin replied yes. Board Member Ross advised that he had one slight change to the recommendation, adding the word "the" to page 6 of the handout. Board Member Moulin advised that along with Chairwoman Daniel, that there should be other comparatives added. Board Member Ross advised that the wording reads: the Treasurer may use these, changing the word "for" to "and," other published rates of return that the Treasurer deems appropriate. Board Member Ross asked if the comparatives could be excluded from within the policy and only included within the reports generated by the Treasurer. Mr. Falconer stated that he feels it should be spelled out within the policy and will forward some additional comparatives for the Board's review. In response to Board Member Moulin, Board Member Ross advised that the rate of return has been placed under the section of yield. General discussion was ensued by the Board regarding the change of NASD to FINRA. Board Member Rassi referred to his handout and read the portion referencing the change. MOTION - It was moved by Board Members Moulin/Ross to continue the discussion of the Fiscal Year 2008/09 Work Plan Investment Policy to the April meeting. C. California Municipal Treasurer's Conference — San Francisco, CA April 23 - 25, 2008 Mr. Falconer advised that the City does provide for one staff member and two Board Members to attend the annual CMTA conference. He presented the Staff Report advising that the Annual California Municipal Treasurers Association Conference will be held April 23 — 25, 2008 in San Francisco, California. Mr. Falconer advised the Board of his tentative travel plans. �..g 372 Investment Advisory Board Minutes March 12, 2008 Board Member Rassi advised that he would be interested in attending the conference and further advised that there are no registration fees for retired sustaining members. Board Member Ross advised he might be able to attend and will notify Staff by Thursday, March 13th. Board Member Park advised that if Board Member Ross was unable to attend that he would be willing to attend. Board Member Moulin stated that he feels that Chairwoman Deniel should attend the conference. Mr. Falconer suggested that Staff send an email to Chairwoman Deniel to see if she would like to attend. Ms. Orrantia advised that in order to meet the early registration deadline, she would need to know the names of those Board members who will be attending by Friday, March 141 MOTION — It was moved by Board Members Moulin/Ross to approve two Board member to attend the CMTA Conference in San Francisco, California on April 23 - 28, 2008. Motion carried unanimously VI CORRESPONDENCE AND WRITTEN MATERIAL A . Month End Cash Report Mr. Falconer advised that the selective interest rates on page 7 could be considered as possible benchmarks by the Board for the six-month T-Bill and LAIF, with a current one, two and five year benchmark Treasury Note and bond. Board Member Moulin suggested adding a three year. In response to Board Member Ross, Mr. Falconer advised that he refers to the six month on page 3 of the report. Noted and Filed B. Pooled Money Investment Board Report Board Member Ross asked if Staff was at it's maximum investment level in LAIF. N9 373 Investment Advisory Board Minutes March 12, 2008 Mr. Falconer advised that currently the City's portfolio is at $191 million with $31 million in LAIF, with a little more room to invest in LAIF, with the current 25% restriction. In response to Board Member Ross, Mr. Falconer advised that with the current yield curves, he would prefer to invest in LAIF. In response to Board Member Rassi, Mr. Falconer advised that the City has two LAIF accounts with an $80 million maximum for both. Noted and Filed VII BOARD MEMBER ITEMS — None Vill Adjournment MOTION - It was moved by Board Members Moulin/Ross to adjourn the meeting at 6:27 p.m. Motion carried unanimously. Submitted by, Vianka Orrantia, Senior Secretary a• 374 10 REPORTS & INFORMATIONAL ITEMS: 3=0-�D COMMUNITY SERVICES COMMISSION MINUTES March 10, 2008 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:32 p.m. by Vice -Chairperson Leidner. Commissioner Quill led the audience in the Pledge of Allegiance. COMMISSIONERS PRESENT: Commissioner Sheldon Brodsky Commissioner Andrea Gassman Vice -Chairperson Bob Leidner Commissioner E. Howard Long Commissioner Dori Quill Commissioner Robert F. Sylk Chairperson Mark Weber STAFF PRESENT: Edie Hylton, Community Services Director Steve Howlett, Golf & Parks Manager Angela Guereque, Senior Secretary PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioner Gassman and seconded by Commissioner Sylk to confirm the agenda. Motion carried unanimously. PRESENTATIONS: Eunice Lovi, Director of Planning & Development, SunLine Transit Agency, presented Line 70 Service Improvements. The rational to change and implement new routing was recommended in a Comprehensive Operational Analysis (COA)• The SunLine Board of Directors approved the recommended improvements to Line 70; the realignment of Line 70 to serve retail and commercial stores, and residences along Adams Street; working with the City of La Quinta.staff to provide service to two future affordable housing site on Adams Street and on Miles Avenue. '., 375 ibruma)uty Servuc s C:onmnssiwt !V(ut tes (March 10, 2008 2 As of February 2006, Line 70 Service operated on 100 minutes headway on weekdays and weekends; served residents of La Quinta, Indian Wells, Palm Desert, and Bermuda Dunes; served La Quinta Resort; provided service to La Quinta High School; offered service to retail/commercial shops along Washington Street; served retail and commercial shops on Country Club Drive in Palm Desert; served JFK Hospital on Washington Street. As of January 2008, Line 70 modifications included realigning routes from Washington Street to Miles Avenue, Adams Street, and Avenue 47; discontinued service on Washington Street (between Miles Avenue and Avenue 47); continue to provide service to La Quinta High School; discontinued service to La Quinta Resort due to lack of ridership; improved bus stops to meet ADA accessibility; continued service to retail and commercial shops on Country Club Drive in Palm Desert; improved service to major retail and commercial shops along Adams Street and Avenue 47; continued to serve JFK Hospital on Washington Street. Commissioner Quill commented on the time it will now take students to get to the new bus stop. Ms. Lovi stated that SunLine coordinates the bus stop times with the school bell times to help ensure students have time to get to the bus. SunLine will continue to look at that stop for any issues that may come up. Commissioner Gassman asked how long the bus stands at each stop. Ms. Lovi stated that the average stop time is approximately 1 to 3 minutes. Commissioner Gassman asked if the bus sits longer at the High School stop. Ms. Lovi stated the bus does stop longer at busier stops. Vice -Chairperson Leidner asked how the decision was made to exclude the Washington Street and Highway 111 intersection from bus ridership. Ms. Lovi stated that it took longer for pedestrians to cross the street from one end to the other which was part of the issue in realigning the route. Vice -Chairperson Leidner asked if the area businesses at the Washington Street and Highway 111 intersection got the opportunity to give input in before changes were made. Ms. Lovi stated that there were three public meetings and only 3 people showed up to these meetings. There was not a lot of input from the businesses. As SunLine continues to look at growth throughout the Valley and from one City to another, they will look at the employers within those cities that have employees using the bus system. Commissioner Quill stated that if the bus goes by Tampico, that is actually where people who work at the Resort park and take a shuttle to the Resort. Commissioner Sylk stated that he is happy that the route was moved away from the Washington Street and Highway 111 intersection because it is so congested there. Commissioner Sylk asked why the southbound route takes 44 minutes and X. 37G Ma,ch 10, 2008 3_ the northbound route takes 41 minutes. Ms. Lovi stated it could be based on the different activities and turns. He asked if SunLine is looking into having more frequent stops so people don't have to wait 1 hour and 40 minutes if they miss a bus. Ms. Lovi stated that SunLine is looking to make sure that service throughout the valley is as frequent as possible. Commissioner Gassman noted that some bus stops are covered and some aren't. When there is no shelter at the bus stops in the Cove, patrons tend to loiter on private property for shade and then run to the bus when they see it coming. She suggested having shelters at all of the bus stops in the Cove. Ms. Lovi stated that SunLine is in the process of getting shelters at some locations but it is difficult to do in areas where there are not sidewalks. Chairperson Weber stated that he appreciated the prompt response to an email he had forwarded regarding taxi oversight to SunLine. He asked about the annual ridership statistics. Ms. Lovi stated that ridership in 2006 was approximately 3.5 million riders and 2007 was down by about 50,000 riders. Ridership goes up at the beginning of the school year and drops in the summer and during holidays. Chairperson Weber suggested that SunLine continue to promote their green efforts. Chairperson Weber asked how SunLine views the decorative custom shelters that the City acquires. Ms. Lovi stated that SunLine would like the same type of amenities for maintenance consistency. Ms. Lovi continues to work with cities on a case by case basis. The customized shelters must meet the ADA requirements. Chairperson Weber asked what SunLine anticipates the next route to be analyzed or potentially redesigned. Ms. Lovi stated that SunLine has changed the frequency on Highway 111. SunLine will be looking at Lines 30, 14, and 111. SunLine will also be looking at the frequency of Line 70. Commissioner Quill suggested that SunLine evaluate the La Quinta High School route and ask the bus driver what the student feed back is. She stated that she has never seen a SunBus full except for when it leaves La Quinta High School. From where the bus used to stop right on the edge of the school the students now have to walk over %4 miles and cross a signal. If the students aren't happy with the bus stop there, maybe SunLine would consider once a day alternating back over to Dune Palms so students wouldn't have to cross a busy intersection that has traffic at that time of day. At 6:09 p.m. Chairperson Weber presided over the meeting. APPROVAL OF MINUTES 1. Approval of February 11, 2008 Minutes a. 377 A Motion - It was moved by Commissioner Sylk and seconded by Commissioner Brodsky to approve the minutes as submitted. Motion carried unanimously. 2. Approval of February 23, 2008 Minutes Commissioner Quill stated that under the Civic Center Campus section she had suggested a dog dispenser be added near the Senior Center. Motion - It was moved by Vice -Chairperson Leidner and seconded by Commissioner Sylk to approve the minutes as corrected. Motion carried unanimously. CONSENT CALENDAR None. PUBLIC HEARING None. BUSINESS ITEMS 1. Consideration of the 2008-2009 Commissioners Annual Work Plan. Director Hylton explained that the Annual Work Plan includes several of the items in the Community Services Master Plan and items from the recent Art and Park Tour to discuss and consider for approval. The Commission may have additional goals that they wish to undertake. Vice -Chairperson Leidner stated that the date of August 2007 on the Marketing Plan should be August 2008. Commissioner Brodsky stated that the Artist Appreciation Day has a minimal financial impact since the Artists donate their time. Commissioner Quill asked how the Work Plan process works. Director Hylton stated that the Work Plan is given to the City Council for approval and added to the Budget. Commissioner Quill asked how the Commission is involved in the different events. Director Hylton stated that staff will implement the events and ask for the Commissioners help with participation. Commission Quill asked what National Night Out is. Director Hylton stated that this is an awareness program sponsored by Target. This program draws attention to drug prevention type activities. This program is held at La Quinta Park. A• 378 .;'rnrnun"v Sr;rva'(s filhm!ns March 10, 2005 Commissioner Gassman suggested including the Commissions support of other organizations (i.e., La Quinta Arts Foundation, La Quinta Historical Society, Stewards, and Friends of the Cove) under the Liason section. Director Hylton suggested indicating that the Commission promotes other events and organizations. Commissioner Gassman suggested adding the Tree Lighting Ceremony to the Community Events section. She also stated that the City used to do concerts and she wondered if the City would reconsider that. Director Hylton stated that Old Town and the Coachella Valley Recreation and Park District both hold concerts throughout the year. Commissioner Gassman suggested a concert for the 4`" of July fireworks show. Commissioner Gassman suggested that the Commission be involved in the Grant Review process as noted in the Advisory Body to City Council section. Commissioner Gassman suggested the Commission be of assistance to the City Council in recommending/not recommending grant requests. Director Hylton stated that the City Council has an Ad -hoc Committee that reviews the grant applications on a quarterly basis for this process and the Commission should request involvement to the City Council during the yearly joint meeting. Commissioner Gassman suggested putting a bullet point at "Reinstitute" on Page 11 of the Work Plan. Commissioner Gassman suggested that artists attend a presentation workshop to help them in preparing for future presentations. Director Hylton stated that the Desert Cities Public Art Forum will be holding a general session on April 19, 2008 from 10:30 am — 12 pm on Presentation Methods and Techniques for Public Art Proposals. Director Hylton and Museum Manager, Kim Mack, have invited all of the artists that have participated and been unsuccessful in participation. Chairperson Weber suggested adding AYSO and the Coachella Valley Recreation and Park District under the Specific Goals and Objectives section. Chairperson Weber stated that at some point the Commission is going to have to put a limit on AYSO for La Quinta Park. He would like to see a 5-year plan from AYSO. Director Hylton stated that the biggest issue is to be able to rest the fields for a few months during the summer so staff can get them back into condition. The use of the fields needs to be limited and staff is working with AYSO to relocate younger children to Colonel Paige Middle School. Chairperson Weber stated he would like to see a presentation from AYSO on where they see their growth over the next 5 years. V. 379 90, ?00' F Commissioner Gassman stated that AYSO should be monitored on annual basis along with the Coachella Valley Recreation and Park District. Commissioner Sylk stated that bicycle kids are riding down through the skate parks making it dangerous for the skate boarders. Director Hylton stated that the Police should be called if anyone sees kids riding bicycles in the skate parks. Chairperson Weber asked if staff was revising the Art maps. Director Hylton stated that staff is waiting for the APP projects to be completed before revising the maps. Motion - It was moved by Commissioner Sylk and seconded by Commissioner Long to approve the 2008-2009 Annual Work Plan with modifications and direct staff to present to City Council for consideration. Motion carried unanimously. CORRESPONDENCE AND WRITTEN MATERIALS 1. Monthly Department Report for January 2008 Commissioner Gassman asked if the Patty Gribow Show on page 33 was a one time show. Commissioner Long noted that the chart indicated it was one time. Commissioner Gassman suggested single shows be listed as Special Events and lump a few shows together. Commissioner Leidner stated that showing each show separately will show if there is an interest in a particular show. Commissioner Quill noted that she was happy to see the signs along Montezuma taken down and the signs as you enter the Preserve have been put up. There are still no signs at the entrance to the Bike Path along the Bear Creek Trail. Mr. Howlett stated that the signs are in inventory, but the Public Works Department has not gotten to it yet. Commissioner Brodsky stated that he liked the new color coded packets. 2. Calendar of Monthly Events Commissioner Quill asked what the April 12, 2008 Natural History of the Bear Creek/La Quinta Cove event was. Director Hylton stated that the Stewards of the Cove put together a series of Nature Walks from March through June. Commissioner Sylk asked if the Algodones excursion filled up. Director Hylton stated that there was a full bus for that excursion. 3. Trails Article from the Press -Enterprise No discussion. 9. 389 .x •,r�', Sn�,�.. �, G:,t;a-�n;st€�:• '`J'.unat;;5 {d rr;h 10, 2008 r COMMISSIONER ITEMS 1 . Reports from Commissioners Regarding Meetings Attended. Commissioner Long gave a report on his attendance at the California Parks and Recreation Society conference in Long Beach. He will be submitting information to Director Hylton on Disaster Preparedness. He suggested staff look into the implementation of solar powered LED lights in the future. He learned that artificial turf is 10 degrees hotter than grass. There was a lot of information at the conference that is not relevant to Commissioners. He suggested the La Quinta Museum be submitted for a facility award at the next conference. He suggested the Commission should not send more than one Commissioner at a time. Commissioner Gassman stated that the WICKED excursion was phenomenal. Commissioner Quill stated that she and Commissioner Sylk attended the La Quinta Cove Trails meeting on February 21, 2008 and participated in a hike on Saturday, March 8, 2008. OPEN DISCUSSION ADJOURNMENT It was moved by Commissioner Sylk and seconded by Commissioner Gassman to adjourn the Community Services Commission meeting at 7:13 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on April 14, 2008 commencing at 5:30 p.m. at the La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. S*Angel bmitted by: uereque Community Services Senior Secretary M.J 381 Department Report: /-Ar yOFT9 TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services& DATE: May 6, 2008 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the April 15, 2008 City Council meeting: 1. Randy Buschbaum, Cool & Save Pre -Cooling System, introduced a product which attaches to the central air-conditioning system to reduce energy bill by approximately 20% - 30%. • Council member Henderson recommended he speak with staff who handles energy plan for the City. • Mayor Adolph asked Mr. Buschbaum if he had brochures; they are being printed. Mayor Adolph recommended when the brochures are available, to make an appointment to provide them to staff. 2. Jerry Patten, President College of the Desert, thanked the Council for their support of the Public Safety Academy. He and the cadets presented the Council with an artist's rendering of the proposed new Public Safety Academy. •'. 382 DEPARTMENT REPORT: : ' A TO: The Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk DATE: May 6, 2008 JV SUBJECT: Discussion Regarding Commission Applicant Interviews Staff is requesting direction from the City Council to schedule City Boards, Committee, and Commission applicant interviews. Last year, the City Council chose to begin at 2:00 p.m. to conduct interviews at the June 19, 2007 regular meeting. Appointments should be made prior to the expiration of terms on June 30, 2008. S. 393 DEPARTMENT REPORT: 3 ''3 N OF T TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk DATE: May 6, 2008 SUBJECT: City Council Summer Meeting Schedule In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. If it is the Council's pleasure to hold one meeting in August and/or September again this year, direction to the City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for June, July, August and September 2008 are as follows: June 2, 2008 August 5, 2008 June 17, 2008 August 19, 2008 June 19, 2008* September 2, 2008 July 1, 2008 September 16, 2008 July 15, 2008 The City Council has the option of scheduling an additional meeting in June to consider applications and make appointments to the City Commissions. Staff would appreciate receiving direction from the City Council to schedule public hearings and other matters for future meetings. *Special meeting to consider the Fiscal Year 2008/2009 Budget. A.'+ 3a r O� a( y OL s 5 CFhf OF COUNCIL/RDA MEETING DATE: May 6, 2008 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions of the City Council Approving Development Guidelines and Principals for Specific Plan 2002-062 Amendment #2, and a Retail Shopping Center on 10.79 Acres Located at the Southwest Corner of Jefferson Street and Fred Waring Drive. Applicant: Regency Marinita La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt a Resolution of the City Council approving development guidelines and principals for Specific Plan 2002-062 Amendment #2 subject to Findings and Conditions of Approval; Adopt a Resolution of the City Council approving architectural and landscaping plans for Site Development Permit 2007-898, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: General The 10.7+ acre project site is in the northeastern part of the City located at the southwest corner of Fred Waring Drive and Jefferson Street (Attachment 1). The site is rectangular in shape with approximately 815 feet of frontage on Jefferson Street and 572 feet on Fred Waring Drive (Attachment 2). V. 385 The site is vacant except for a small number of desert shrubs and small trees. High power utility lines run along the Fred Waring Drive frontage. An existing 5.5 to 6 foot - high block wall abuts the site on the west and south. Surrounding Land Uses North: Residential uses across Fred Waring Drive South: Residential uses East: Commercial and residential uses across Jefferson Street in the City of Indio West: Park, retention basin and Coachella Valley Water District (CVWD) well site with residences further beyond to the west Previous Approvals Previously, Specific Plan 2002-062 and Site Development Permit (SDP) 2002-754 were approved in January 2004 for the development of a 113,173 square foot shopping center on this property. In November 2005, Specific Plan Amendment #1 and Tentative Parcel Map 33803 were approved for the site. The Specific Plan Amendment revised several aspects of the project including reducing the allowable maximum square footage of building area to 111,470 square feet. The Tentative Parcel Map divided the approved SDP 2002-754 buildings into individual parcels with a common parking lot parcel. The Parcel Map and the Site Development Permit have since expired. The applicant is now proposing a new design for the shopping center, necessitating an amendment to the Specific Plan and a new site development permit. A new parcel map has not been applied for. Although it is likely a new map will be submitted at a later date, it is not required for development of the proposed project. Environmental Review The La Quinta Planning Department has determined that the request has been previously assessed in conjunction with Environmental Assessment 2002-462 prepared for Specific Plan 2002-062 and Site Development Permit 2002-754 which were certified by the City Council on June 20, 2004. No changed circumstances or conditions are proposed, nor new information submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. Zoning of Property CN (Neighborhood Commercial) General Plan Designation of Property NC (Neighborhood Commercial) Specific Plan Amendment Proposal The currently proposed Specific Plan amendment provides for a retail project with a maximum floor area of 91,000 square feet. The plan contained in the proposed Specific Plan and proposed by the current Site Development Permit shows a 90,441 square foot shopping center (Attachment 3 — Figure 6). It should be noted that originally the current proposal was to construct the project in one phase. At the Planning Commission hearing on April 8, 2008, the applicant revised the proposal to construct the project in two phases rather than all at once. The first phase will consist of 47,940+ square feet of floor space. The second phase is to be a maximum 42,500 square foot retail use at the south end of the main structure near the west property line. A separate site development permit will be required for this phase. Originally, what is now identified as a second phase of development was a 42,500 square foot OSH Hardware store. At the Planning Commission hearing on April 8, 2008, the applicant indicated the hardware store was being withdrawn from the proposal and requested this portion of the proposed development be identified as general retail use. Once a tenant(s) has been identified, the necessary entitlements will be secured. Other uses noted in the Specific Plan include a market (Fresh & Easy), a freestanding drug store (CVS Pharmacy) with two drive-thru lanes, a freestanding bank with a single drive-thru lane, and other smaller retail or restaurant uses. As required, the Specific Plan includes the proposed land uses, intensity of use, and development standards under which the project will be developed. The Specific Plan notes that a sign program will be submitted at a later date. As a part of the Specific Plan approval, the applicant is requesting relief from the following standard City Zoning Code requirements (Attachment 3 — pages 7 and 8): 1. Drive-thru lanes be allowed for the proposed bank and drug store as identified on the Specific Plan Site Plan (Attachment 4, Figure 2.1). The Zoning Code does not permit drive-thru operations in the Neighborhood Commercial zone. 2. Reduction of the 70 foot on -site driveway throat to approximately 50' at the north driveway access point onto Jefferson Street and to approximately 40' at both of the driveway access points onto Fred Waring.Drive. The plan specifies deceleration lanes will be provided at both Jefferson Street entries so that if turning traffic becomes backed -up, it will not impede the street's through traffic lanes. It should be noted these deceleration lanes and driveway approaches were installed with the recent Jefferson Street improvements. 3. Reduction of the 15' landscape setback requirement from an open space or park. A. 387 The Specific Plan establishes a minimum setback of 5 feet along the west property line adjacent to the park/retention basin for the Monticello subdivision. The plans identify that the 5 foot setback occurs for only a short portion of the property near the south end of the site, which abuts the adjoining property's retention basin. The setback then enlarges to 10 feet for approximately 150 feet where it then expands to at least 30+ feet for the balance of the west property line which is approximately 340 feet. Site Development Permit Proposal Site Design: The proposed shopping center includes five separate structures with the largest consisting of a 13,928 square foot Fresh & Easy food store, a 42,500 square foot retail space and 4,500 square feet of in -line businesses (Shops 2) near the west property line (Attachment 4 — sheet 2.1). A 13,013 square foot freestanding CVS Pharmacy near the northeast corner of the site near the street intersection is proposed. Pad "A", near the middle of the Jefferson Street frontage is proposed to be a 4,500 square foot bank and will have a drive-thru lane between the building and street. The site plan identifies a four foot high screen wall along Jefferson Street for the purpose of screening the drive-thru lane. Shops 1 is a 5,000 square foot freestanding building consisting of up to four businesses adjacent to the south property line near Jefferson Street. An outdoor seating area is also proposed adjacent to this pad. Shops 3 is a 7,000 square foot freestanding building near Fred Waring Drive designed to accommodate up to five businesses. Circulation and Parking: The shopping center will have two driveway access points on each street (Attachment 4 — sheet 2.1). On Jefferson Street the entries will connect to the main parking area. The westerly Fred Waring Drive driveway is primarily for access to the rear delivery and service areas of the Fresh & Easy food store, the 42,500 square foot retail pad, and Shops 2. Some parking is provided near Fred Waring and Shops 3. The second driveway will enter the site between the drug store and Shops 3 and run along the front of the main structure. The freestanding drugstore will have a loading area located at the northwest corner of the building. ,w 388 Parking for the center is provided at a ratio of one space for every 250 square feet of the center's 90,441 square feet of combined floor area, as required by the Zoning Code. This results in 362 spaces which is as required by Code (Attachment 4 — Sheet 2.1). The majority of the parking spaces will be located in the center of the project and adjacent to Jefferson Street. Trash enclosures are identified throughout the site to service each building. Two retention basins are shown; one at the southeast corner of the site and one along the west property line near Fred Waring Drive. A small underground retention facility will also be provided south of the bank in the parking lot area. Architecture: The project is designed in a Spanish -Mediterranean style utilizing a combination of flat, shed, gable and hip roofs (Attachment 4 — Sheets 6.1-6.6). Each building will have at least one tower feature extending above the main roof height. Arcades will be provided over most business entry doors and adjacent windows, with some metal awnings used over windows where there is no arcade. Some building sides will be provided with false popout arcades. Roof heights vary in order to break up the visual mass of the proposed buildings. Generally, the flat roofs are 20' to 22' in height. Tower structures vary from 32' to 36'. Exterior materials will consist of fine sand float finish plaster walls, accent stone veneer, and concrete tile roofing. Roof tile will be a blend of red to red -gray tiles, with brown to rust stone veneer proposed for the walls. Exterior building colors will vary from beige to soft greens. Metal awnings will be dark green or a brown rust color (Attachment 4 — sheet 11). The actual color board will be available at the hearing. The building elevations show sign locations using generic names, except for the known major tenants. A detailed sign program will be submitted at a later date (Attachment 4 — Sheets 6.1-6.6). The applicant has indicated that all roof- mounted equipment will be placed behind parapet walls and will not be visible from ground level. Landscaping: A preliminary landscaping plan has been submitted for the site (Attachment 4 — Sheet 2.2). The plant palette consists of primarily desert and other low water use plants. Trees include the Tipu tree, Chitalpa, Mexican Blue Palm, Pindo Palms, Willow Acacia, 0. 389 and Palo Verde. Shrubs include plants such as Cassias, Brittlebrush, Ocotillo, Red Yucca, and Deer Grass. No turf is proposed to be used. With existing residential uses abutting the projects south property line, landscape setbacks of at least 25 feet are provided adjacent to this property line in an effort to help screen and buffer the proposed development. A wider portion of this area adjacent to Jefferson Street and in front of Shops 1 is provided as a landscaped retention basin. This area is proposed to be planted with Lantana groundcover and 36" box size trees. Most of the landscaped area along the west property line adjacent to the existing park/retention basin and well site is shown with trees, groundcover, and gravel. The widest part of this area near the north end is proposed as a landscaped retention basin. Within the parking lot, 24" and 36" box size trees will be provided in planter areas with shrubs, groundcover and decomposed granite. The General Plan identifies the intersection of Fred Waring Drive and Jefferson Street as a Secondary Gateway entry into the City. The proposed Specific Plan and Site Development Permit Site Plans identify a gateway monument on this corner but do not identify the area as a separate parcel nor do they address its design. A 20 foot deep landscape easement and 8 foot meandering sidewalk is required and provided for along both fronting streets. Lighting: The plans include down shining box lighting fixtures in the parking lot area. The Specific Plan notes the poles will be a maximum of 18' high. In actuality, the poles will be 15 feet high mounted atop a three foot tall concrete base (Attachment 4 — sheets 9.0-9.1). All fixtures near residences will be required to be shielded to minimize lighting impacts on adjacent residences. Grading: There are eight existing residences immediately to the south of this property (Attachment 2). The finish floor grade difference between Shops 1 and the nearest residence (75 feet away) will be approximately 4 feet with the residence's finish floor elevations being lower than that of Shops 1. The finish floor grade difference between the 42,500 square foot retail pad area and the adjacent residence (121 feet away) to the south will also be approximately 4 feet, again with the finish floor of the residence being lower than that of the retail area. Architecture and Landscape Review Committee (ALRC) Action The ALRC reviewed this proposal at its meeting of February 6, 2008 (Attachment 5). The ALRC voiced concerns about a number of items, such as the extensive use of turf, delivery access, and energy conservation. They also discussed the staff -recommended Conditions. The staff issues pertained to the following major items: • Providing additional plaster popouts on the sides of the buildings to improve the appearance and provide better shading. • Decreasing building heights to no more than 22 feet within 150 feet of the streets to comply with the image corridor requirements. • Constructing trellises out of metal. • Reducing the use of turf throughout the project. • Replacing inappropriate trees and increasing tree, shrub and planter sizes. • Providing berming and screening of parking areas and drive-thru lanes. • Reserving an area at the street intersection corner for a City entry monument. • Providing additional planters along store front sidewalk areas. The ALRC recommended to the Planning Commission approval of the project subject to the Conditions of Approval (Attachment 5). In preparation of the Planning Commission meeting, the applicant addressed all of the ALRC recommended Conditions by revising the plans except for condition 12 (Attachment 5). This condition required that the front door walkway areas of all buildings be provided with small planters for shrub, groundcover, vines, decomposed granite and where possible small growing trees to the satisfaction of the Planning Director. Planning Commission Action The Planning Commission reviewed this request at their meeting of April 8, 2008 and discussed the design of the proposed project (Attachment 6). The Commission discussed concerns they had regarding the project which included access conflicts and circulation, exterior lighting, grading, and direct pedestrian access to the project from the adjacent park. As previously noted in the report, during the hearing the applicant indicated that they were withdrawing OSH Hardware as a tenant. They stated they wanted to revise their proposal to designate the 42,500 square foot OSH site as future retail and they would pursue a separate site development permit once they had secured a new tenant or tenants. One neighbor who resides adjacent to the south property line requested that the perimeter trees along the south property line be "clean" trees that will not blow leaves V. 391 into their yard. The neighbor also requested two additional trees be provided adjacent to the wall near Jefferson Street. Planning Commissioners expressed strong concern with the lack of a pedestrian connection between the subject property and the adjacent Monticello Park. The Planning Commission ultimately moved to recommend City Council approval of the Specific Plan and the Site Development Permit applications subject to a number of conditions which are summarized in the Analysis Section of this report. Public Notice This request was published in The Desert Sun newspaper on April 24, 2008, and mailed to all property owners within 500 feet around the project boundary. As of this writing, no correspondence has been received. Any comments received will be handed out at the meeting. Specific Plan The Specific Plan, as proposed to be amended, reflects the guidelines and development standards for the proposed shopping center. The proposed adjustments to the standard Zoning Code requirements contained in the Specific Plan pertain to allowing two drive-thru uses, driveway entry throats, and perimeter landscaping. Drive-thru restrictions provided in the Neighborhood Commercial Zone District exist to minimize impacts on'more sensitive adjacent land uses, such as residential. In this case, the residential uses are approximately 400 feet from the nearest drive-thru lanes and thus will not have a negative impact on them. The west property line abuts a park, retention basin and CVWD well site for the Monticello subdivision. Therefore, staff believes a minimum 5 foot landscaped setback for a portion of the west property line is acceptable. The 5 foot setback is only for a short portion of the west property line near the south end of the site adjacent to the adjoining property's retention basin. It enlarges to 10 feet for approximately 150 feet where it then expands to at least 30+ feet for the balance of the west property line which is approximately 340 feet. The applicant's decision to change the 42,500 square foot OSH building to a future general retail space is acceptable to staff. A separate Site Development Permit will be required for development of this area and its design will need to conform to the approved architectural and landscape design of the balance of the center. •. 392 Site Development Permit Staff's design concerns were reported to the ALRC and, with one exception, were addressed and incorporated into the revised plans submitted to the Planning Commission. The one exception was the requirement that planters be provided in front of the buildings near the entry doors. This was proposed in an attempt to soften the harshness of the adjacent concrete walks and building facades. At the Planning Commission meeting this condition was maintained as a part of the recommendation to the City Council. During final preparation of the Planning Commission Staff report, the project architect submitted alternate building elevations for the freestanding CVS Pharmacy near the intersection of Jefferson Street and Fred Waring Drive. The revisions affected all four sides of the building by reducing the use of columns, overhangs, and arcades. Staff noted that while the revised design was essentially "compatible" with the project, the original elevations were architecturally superior and more attractive and therefore, should be constructed. Upon review of the alternatives, the Planning Commission agreed and recommended approval of the original CVS Pharmacy building elevations and the applicant has subsequently removed the alternative design from the application. Included in staff's report to the Planning Commission were several other recommended conditions of approval which are now included in the Planning Commission's recommendation to the City Council. These conditions are summarized as follows: A Focused Traffic Study and potential subsequent installation of additional traffic improvements on Fred Waring Drive (Condition #8); Review and approval of a comprehensive sign program for the center (Condition #94); Shielding and recessed down shining of exterior light sources (Condition #95); Subsequent approval by the Planning Director of shopping cart and trash enclosure design and locations (Conditions #96 & 97); Minimum screening requirements for the drive-thru areas (Condition #99); Restriction of delivery times to between 8:00 a.m. and 9:00 p.m. (Condition # 100); Direction to maintain a minimum six feet of wall height along the site's south property line (Condition #102); and Clear identification of the area where the City Gateway Monument is to be A. 393 located, the provision of electrical and water stub outs to the area, and the appropriate reservation of the area for use by the City (Condition #104). With regard to the requirement for a Focused Traffic Study and potential subsequent street improvements (Condition #8), staff notes that in the event dedication of additional right-of-way is necessary, the requirement for a minimum 20' landscape area adjacent to the right-of-way will remain and an adjustment to the site plan may be required. The procedure for such an adjustment would be through a Modification By Applicant application; if the adjustment is minor in nature it would be processed administratively. In addition to including staff's recommendations, the Planning Commission also included the following requirements as conditions of approval: Two additional trees shall be planted adjacent to the south property line next to the retention basis and all trees along the south property line shall be of a variety that do not produce an excess of leaf debris (Condition #61); Small planter areas shall be provided in the front and side walkway areas of all buildings (Condition #63); The finished grades near the southwest corner of the project site are to be lowered to the extent feasible (Condition #106); Adequate parking and security lighting shall be provided throughout the site (Condition #107); If feasible, a pedestrian access from the adjacent park to the project shall be provided (Condition #108); The eastern most driveway into the parking bay located on the north side of the northern most Jefferson Street entry driveway shall be closed (Condition #109); The two building pads designed with drive-thru lanes shall not be used for restaurant use (Condition #110); and Designation of the OSH hardware store use shall be changed to a general retail use and development of this pad shall require a separate Site Development Permit (Condition #1 1 1). Following the Planning Commission meeting, staff notified the Police Department of the recommendation for a pathway connecting the park to the site. The Police Department staff has expressed concern regarding the location of the potential access way. Their concern focuses on the proximity of the access way to the loading and �. 391 parking area behind the Fresh and Easy and adjacent retail buildings. Police Department staff believes the access way will facilitate potential vandalism and other undesirable activities both in the area behind the building and also within the adjacent park. To address this concern, the landscaping in the vicinity of the access way and the pedestrian path should be designed and approved in a manner to insure high visibility from Shops 3 and the adjacent customer parking area. Additionally, installation of a gate for the access way should be required. Although the practicality of locking the gate on a daily basis is questionable, it would provide a simple solution should the access way need to be closed on a long-term or permanent basis if related problems do arise. In light of the concerns expressed by the Police Department, the following conditions have been added to the Council's approval action: Condition #112: The design of the proposed pedestrian access way shall include a lockable wrought iron gate. The gate shall be constructed in a manner that provides visibility through the gate and shall be reviewed and approved by the Planning Director to insure compliance with the intent of this condition. Condition #113: The project landscaping plans shall be designed in such a manner as to facilitate high visibility of the proposed pedestrian access way and its associated pedestrian path from Shops 3 and the adjacent customer parking area. The landscaping plans shall be reviewed and approved by the Planning Director to insure compliance with the intent of this condition. Staff notes that since the Planning Commission's action, minor clarifications to the wording of a few of the Public Works related Conditions of Approval have been made, all of which are minor in nature and do not change the Planning Commission's intent for the condition. FINDINGS AND ALTERNATIVES: The Findings needed to approve the Specific Plan Amendment 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 development guidelines and principals for Specific Plan 2002-062 Amend #2, subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving architectural and landscaping plans for Site Development Permit 2007-898, subject to Findings and Conditions of Approval; or A. 3 9 5 2. Do not adopt Resolutions of the City Council approving the applications; 3. Provide staff with alternative direction. Respectfully submitted, John, Planning Director Attachments: Approved for submission by: /0 i Thomas P. Genovese, City Manager 1 . Location Map 2. Aerial map of site and surrounding uses 3. Specific Plan document 4. Site Development Permit project plans 5. ALRC minutes and recommended Conditions of Approval from the meeting of February 6, 2008 6. Minutes from the Planning Commission meeting of April 8, 2008 RESOLUTION 2008- A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT TO ALLOW A RETAIL SHOPPING CENTER ON 10.7+ ACRES CASE NO.: SPECIFIC PLAN 2002-062, AMENDMENT #2 REGENCY MARINITA LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 6T" day of May, 2008, hold a duly noticed Public Hearing to consider a request by Regency Marinita La Quinta, LLC for approval of a Specific Plan Amendment amending the project for property located at the southwest corner of Jefferson Street and Fred Waring Drive in the Neighborhood Commercial zoning district on property more particularly described as: APN 604-0521-005 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 8" day of April, 2008, hold a duly noticed Public Hearing and did recommend approval by adoption of Resolution 2008-011, subject to Conditions; and WHEREAS, the Planning Department published a public hearing notice in the Desert Sun newspaper on April 24, 2008, for the City Council meeting as prescribed by the Municipal Code with public hearing notices mailed to all property owners within 500 feet of the site; and WHEREAS, the La Quinta Planning Department has determined that the request has been previously assessed in conjunction with Environmental Assessment 2002-462 prepared for Specific Plan 2002-062 and Site Development Permit 2002-754 which were certified by the City Council on June 20, 2004. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. 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 approval of said Specific Plan Amendment: 1. The proposed Specific Plan Amendment is internally consistent with the goals, objectives, and policies of the existing Specific Plan and General Plan 4. 397 S:\CityMgr\STAFF REPORTS ONLY\PH1-Regency Marinita\cc sp res.doc Resolution 2008- Specific Plan 2002-062, Amendment #2 Regency Marinita La Quinta, LLC Adopted: in that it will result in promoting commercial development in a balanced, varied and logical manner that is compatible with the neighborhood. 2. Approval of the Specific Plan Amendment will not create conditions materially detrimental to the public health, safety, and general welfare in that the resulting project will provide adequate building and landscaped setbacks, is well designed, and will comply with all applicable City, County, State and Federal requirements. 3. The Specific Plan Amendment is suitable and appropriate for the property in that it will allow construction, of a retail shopping center on a site that is zoned for such a use. 4. Approval of the Specific Plan Amendment is warranted because the proposed uses will provide the surrounding residential uses with services that presently do not exist in the immediate vicinity. The commercial use proposed under the Specific Plan has been designated for such use prior to development of the surrounding uses and has been designed to minimize impacts on adjacent uses. 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 said City Council in this case; and 2. That it does hereby approve Specific Plan 2002-062, Amendment #2 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 6th day of May, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S:\CityMgr\STAFF REPORTS ONLY\PH7-Regency Marinita\cc sp res.doc 41. 398 Resolution 2008- Specific Plan 2002-062, Amendment #2 Regency Marinita La Quinta, LLC Adopted: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA 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 &1. 399 S:\CityMgr\STAFF REPORTS ONLY\PH1-Regency Merinita\cc sp res.doc RESOLUTION 2008- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN 2002-062, AMENDMENT #2 REGENCY MARINITA, LA QUINTA, LLC MAY 6, 2008 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 Specific Plan Amendment. 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. Within 30 days of final approval of this Specific Plan Amendment by the City Council, two draft revised copies of this Specific Plan incorporating the following Conditions of Approval in the appropriate sections shall be submitted to Planning Department for approval. Upon approval of the draft Specific Plan Amendment by the Planning Department, five copies of the final Specific Plan shall be submitted to the Planning Department. 3. Specific tenants identified in the Specific Plan may be changed to other tenants provided they are allowable uses in the Neighborhood Commercial zone and the Zoning Code required parking is provided. 9. 409 S:\CityMgr\STAFF REPORTS ONLY\PH1-Regency Marinita\cc sp coas.doc RESOLUTION 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR CONSTRUCTION OF A 90,441 SQUARE FOOT RETAIL SHOPPIING CENTER ON 10.79 ACRES CASE NO.: SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of May, 2008, hold a duly noticed Public Hearing, to consider the request of Regency Marinita La Quinta, LLC, to approve the development plans for a 90,441 square foot retail shopping center in the Neighborhood Commercial zoning district, for property located on the southwest corner of Jefferson Street and Fred Waring Drive, more particularly described as: APN 604-521-005 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 8T" day of April, 2008, hold a duly noticed Public Hearing and did recommend approval by adoption of Resolution 2008-012, subject to Conditions; and WHEREAS, the Planning Department published a public hearing notice in the Desert Sun newspaper on April 24, 2008, for the City Council meeting as prescribed by the Municipal Code with public hearing notices 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 wanting to be heard, said City Council did find the following facts and reasons to justify approval of said Site Development Permit: 1 . The General Plan, Zoning Map, and Specific Plan designate the project area as Neighborhood Commercial. The proposed commercial project is consistent with this land use designation and will provide facilities to help serve the 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, height limits, design, parking, setbacks, lighting, landscaping and land use. 3. The La Quinta Planning Department has determined that the request has been previously assessed in conjunction with Environmental Assessment 2002-462 prepared for Specific Plan 2002-062 and Site Development Permit 2002-754 P:\reports-cc\2008\5-6-08\sdp 2007-898\sdp cc reso.doc Resolution 2008- Site Development Permit 2007-898 Regency Marinita La Quints, LLC Adopted: which were certified by the City Council on June 20, 2004. No changed circumstances or conditions are proposed, or new information has been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. 4. The Spanish Mediterranean 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 residential and commercial development and with the quality of commercial design prevalent in the City and in compliance with the architectural standards in the applicable Specific Plan in that the neighboring homes to the north, south and west and the commercial shopping center to the east in Indio all utilize a similar architectural style, materials and colors. 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. The project complies with Zoning Code requirements and are similar to comparable projects on the Highway 1 1 1, Washington Street, and Jefferson Street commercial corridors. 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. Planting design, materials and sizes are similar to that used in other newer commercial projects. Planting along the west boundary and especially to the south where homes are immediately adjacent are provided with shrubs and large trees to provide screening between the project and adjacent uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. P:\reports-cc\2008\5-6-08\sdp 2007-898\sdp cc reso.doc 4 0 +, L Resolution 2008- Site Development Permit 2007-898 Regency Marinita La Quinta, LLC Adopted: 2. That it does hereby approve Site Development Permit 2007-898 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 Council, held on the 6th day of May, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA 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 P:\reports-cc\2008\5-6-08\sdp 2007-898\sdp cc reso.doc 0, 403 RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 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. 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 Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District 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. p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 3. 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 0 ) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 405 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 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. 4. This Site Development Permit is valid for two years from the City Council date of approval, unless an extension is applied for and granted by the City Council pursuant to Section 9.200.080 of the La Quinta Municipal Code. 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 rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. S. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 406 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 11 Jefferson Street (Major Arterial, 120' ROW) - The standard 60 feet from the centerline of Jefferson Street for a total 120-foot ultimate developed right of way except an additional variable right of way dedication at the existing Fred Waring Drive intersection required by the constructed Jefferson Street Improvements CIP 2000-019 measured 65 feet west of the centerline of Jefferson Street, unless said right of way has already been dedicated. Also, additional variable right of way dedication for a deceleration/right turn only lane at the existing north entry drive constructed pursuant to the Jefferson Street Improvements CIP 2000-019 measured 77 feet west of the centerline of Jefferson Street and additional variable right of way dedication for a deceleration/right turn only lane at the existing south entry drive constructed pursuant to the Jefferson Street Improvements CIP 2000-019 measured 67.5 feet west of the centerline, unless said right of way has already been dedicated. 2) Fred Waring Drive (Major Arterial, 120' ROW) - A Focused Traffic Study shall be prepared which shall analyze impacts from the project at opening year on the intersections of Jefferson/Fred Waring, Dune Palms/Fred Waring and all project driveways accessing public streets. Impacts shall be determined and mitigated per Engineering Bulletin #06-13. Study shall also review and comment on acceptability of project's on -site circulation. The standard 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way except an additional variable right of way dedication at the existing Jefferson Street intersection required by the constructed Jefferson Street Improvements CIP 2000-019 measured 69 feet south of the centerline of Fred Waring Drive to accommodate dual left turn lanes, three through lanes, a bike lane and a deceleration lane/right turn only lane. The exclusive right turn only lane shall be for the length of the project frontage to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS as approved by the City Engineer. Additionally, an additional variable right of way dedication on Fred Waring Drive at the proposed easterly access drive measured sixty nine feet south of the centerline of Fred Waring Drive and length to be determined by the focused traffic. As a minimum, the required right of way shall be p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 for a length from the westerly access drive to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. As the Focused Traffic Study for the proposed development has not been submitted and mitigation measures have not been established for Fred Waring Drive or Dune Palms Road, the applicant may be required to dedicate additional right of way based on the aforementioned study to accommodate improvements as required by the City Engineer. Also, additional right of way at the corner of Fred Waring Drive and Jefferson Street may be needed to provide a free right turn movement lane for eastbound Fred Waring Drive to southbound Jefferson Street in addition to the deceleration lanes for the project access driveways required of this Site Development Permit as approved by the City Engineer. The design shall be performed by a Licensed Traffic Engineer and approved by the City Engineer. 9. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, and other features contained in the approved construction plans and the Focused Traffic Study required for this Site Development Permit. Pursuant to this requirement, the Applicant shall include in the Off -Site Street submittal packet for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 10. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Jefferson Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. Direct vehicular access to Jefferson Street and Fred Waring Drive from lots with frontage along Jefferson Street and Fred Waring Drive is restricted, except for those access points identified on the Site Development Permit Conceptual Grading Plan, or as otherwise conditioned in these conditions of approval. Pursuant to the afore mentioned, requirements or mitigation measures of the Focused Traffic Study as approved by the City Engineer may require additional design changes along Fred Waring Drive. 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 comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 15. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Jefferson Street (Major] Arterial; 120'R/W): No additional widening of the west side of the street along all frontage adjacent to the Site Development Permit site boundary to its ultimate 409 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 width on the west side as specified in the General Plan is required as the Jefferson Street Improvements CIP 2000-019 has performed the necessary widening The constructed curb, gutter and driveway approaches are not expected to change. Other improvements required of the applicant in the Jefferson Street right-of-way and/or adjacent landscape setback areas include: a) All appurtenant components such as, but not limited to: traffic control striping, legends, and signs. b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. c) Modification of the existing Traffic Signal System as required by the City Engineer. 2) Fred Waring Drive(Major Arterial; 120'R/W): Widen the south side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the south side as specified in the General Plan and the requirements of these conditions. The south curb face shall be located fifty one feet (51') south of the centerline, except at locations where additional street width is needed to accommodate: a) An exclusive right turn only lane on Fred Waring Drive at the Jefferson Street intersection. The south curb face shall be located sixty feet (60') south of the centerline. The exclusive right turn only lane shall be for the length of the project frontage unless the traffic study shows otherwise, 0, 41 J p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 as approved by the City Engineer. The design shall be performed by a Licensed Traffic Engineer and be approved by the City Engineer. b) In addition to 2a above, a deceleration/right turn only lane into the project shall be constructed on Fred Waring Drive at the proposed easterly access drive unless the traffic study shows otherwise, as approved by the City Engineer. The deceleration/right turn only lane shall be for a length extending from the proposed westerly access drive to a variable dedication as approved by the City Engineer. c) Reconstruct the median opening at the proposed westerly access drive to accommodate large truck turning radius as required by the City Engineer. d) The dual left turn lane on Fred Waring Drive at the Jefferson Street intersection has been constructed by the Jefferson Street Improvements CIP 2000-019. The south curb face shall be located sixty feet (60') of the centerline. Other required improvements in the Fred Waring Drive right-of-way and/or adjacent landscape setback area include: e) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. f) 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. p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 g) Modification of the existing Traffic Signal System as required by the Focused Traffic Study required of this Site Development Permit and/or as required by the City Engineer. B. PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS) 1) Dune Palms Road. a) Per the Focused Traffic Study required of this Site Development Permit, the applicant shall design and construct mitigation measures evaluated as contributory to this project as required by the City Engineer. In lieu of the design and construction of said improvements, the applicant may pay his fair -share for the improvements. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer. The applicant shall pay to the City of La Quinta this fair share prior to the issuance of the building permit. For all improvements, the applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). The applicant is responsible for construction of all improvements mentioned above. 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: Major Arterial 6" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 17. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include �.. M p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 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. Jefferson Street. 1) Primary entry (southerly portion of site): Right turn movements in and out and left turn movements in are permitted. Left turn movement out is restricted. Appropriate signing and striping shall be provided. The applicant shall redesign and reconstruct the existing access drive and median island and associated signing and striping to provide 20 feet of paved surface as required by the Riverside County Fire Department and subject to the review and approval of the Riverside County Fire Department and the City Engineer. 2) Secondary entry (northerly portion of site): Right turn movements in and out are permitted. Left turn movements in and out are restricted. Appropriate signing and striping shall be provided. The applicant shall redesign and reconstruct the existing access drive and the proposed median island and associated signing and striping to provide 20 feet of paved surface as required by the Riverside County Fire Department and subject to the review and approval of the Riverside County Fire Department and the City Engineer. The median island shall be extended west past the proposed access drives to Pad A and the Drug Store Pad. B. Fred Waring Drive. 3) Primary entry (easterly portion of site): Right turn movements in and out are permitted. Left turn movements in and out are restricted. Appropriate signing and striping shall be provided. The design of access drive and any proposed median island and associated signing and striping to provide 20 feet of paved surface as required by the Riverside County Fire Department and subject to the review and approval of the Riverside County Fire Department and the City Engineer. S. 413 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 4) Secondary entry (westerly portion of site): Right turn movements in and out and left turn movement in are permitted. Left turn movement out is restricted. Appropriate signing and striping shall be provided. C. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 19. 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. PARKING LOTS and ACCESS POINTS 20. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. 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. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. A minimum of 20 feet on each side of approach drives shall be provided 4, 414 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 where divided by median islands and as approved by the City Engineer and Riverside County Fire Department. 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. In particular, non curvilinear access drives may require redesign to eliminate sight distance and traffic conflict issues. 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. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved A, p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc 41:j RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 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. 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 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 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. Off -Site Street Improvement/Storm Drain Plan (Jefferson Street and Fred Waring Drive 1 " = 40' Horizontal, 1 4' Vertical E. 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. V. p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc 416 RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 F. On -Site Commercial Precise Grading Plan 1 " = 20' Horizontal NOTE: D through F to be submitted concurrently. G. Traffic Signal Modification Plan* 1" = 20' Horizontal * Per the Focused Traffic Study required of this Site Development and/or as required by the City Engineer. 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. "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 2007 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. G.-, 417 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 27. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department 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. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "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 employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing As -Built drawings. 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. IMPROVEMENT SECURITY AGREEMENTS 30. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the 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 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 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. 31. 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 or this Site Development Permit. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20 % Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 32. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 33. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 34. 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. p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 35. 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 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 and 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. 36. 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. 37. 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 a, 429 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 38. 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 Conceptual Grading Plans, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 39. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 40. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 41. 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 Site Development Permit Conceptual Grading Plans, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 42. 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 43. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin .. 421 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMM SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 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 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. The proposed underground storage system piping layouts, overflow strategy and design is subject to the City Engineer's review and approval. 44. 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. 45. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 46. 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. 47. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 48. 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 or as approved by the City Engineer. 49. 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). 422 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 50. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 51. 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. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 53. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 54. 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. 55. 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. CONSTRUCTION 56. The City will conduct final inspections of habitable buildings only when the buildings have parking lot improvements 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 •• 423 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 57. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 58. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. Said landscaping shall be constantly maintained by the center owner with damaged, dead or dying plant material immediately replaced with healthy plant material of equivalent size. 59. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 60. The final landscaping and irrigation plans shall be prepared by a licensed landscape professional, be reviewed by the Architecture and Landscape Review Committee and Public Works Director, 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 and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning 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 both the Planning Director. 61. Two additional trees shall be planted adjacent to the south property line next to the retention basis and all trees along the south property line shall be of a variety that does not produce an excess of leaf debris. Additionally, all p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. 62. 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. 63. The front and side walkway areas of all buildings shall be provided with small planters for shrub, groundcover, vines, decomposed granite and where possible small growing trees, the number and variety of which shall be to the satisfaction of the Planning Director. 64. The parking lot surface shall be screened by minimum earthen berming of three feet height or a decorative masonry wall of equivalent height, the design of which shall be to the satisfaction of the Planning Director. PUBLIC SERVICES 65. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer and in particular, the bus turnout and bus shelter with water and power connection as required by SunLine Transit on Jefferson Street south of the most northerly access drive to the Site Development Permit site and as approved by the City Engineer. MAINTENANCE 66. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 67. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, underground and above ground retention basin and facilities and sidewalks. FEES AND DEPOSITS 68. 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 ._ 425 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 shall be those in effect when the applicant makes application for plan check and permits. 69. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 70. Applicant shall pay the applicable mitigation fees, related to the Multi -Species Habitat Conservation Plan program, as in effect and at the appropriate point in the permit process. FIRE DEPARTMENT: 71. The Fire Department requires the listed fire protection measures be provided in accordance with the City of La Quinta Municipal Code and/or the Riverside County Fire Department Fire Protection Standards. Final conditions will be addressed when complete buildings plans are reviewed: 72. Provide or show there exists a water system capable of delivering a fire flow 2750 gallons per minute for a four hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 73. Approved accessible on -site super fire hydrant(s) (6x4 2 '/2 x 2 %) shall be provided There shall be a minimum number of 3 hydrants with 450 feet spacing between them. The maximum distance from any point on street or road frontage to a hydrant shall be 225 feet. Fire hydrants shall provide the required fire flow. 74. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 75. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 76. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 77. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 78. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 79. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtain at the Fire Department. 80. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 81. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 427 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 82. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-10 licensed contractor must submit plans designed in accordance with NFPA 72, 1999 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 83. Install a portable fire extinguisher, with a minimum rating of 2A-1 OBC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 84. A UL 300 hood/duct fire extinguishing system must be installed over the cooking equipment. The extinguishing system must automatically shutdown gas and /or electricity to all cooking appliances upon activation. A C-16 licensed contractor must submit plans, along with the current permit fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. 85. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 86. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 87. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 88. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 89. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref CMC 609.0 428 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 90. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. Special forms are available from this office for ordering the Key Switch. 91. The project proponents/developers will be expected to pay the appropriate development impact fees for the project. 92. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to field inspection. All questions regarding the meaning of the code requirements should be referred to Fire Department at 760-863-8886. PLANNING DEPARTMENT 93. This approval includes the building elevations for the drug store pad as originally submitted and included in the May 6, 2008 City Council Staff Report Attachments 4 and 5. 94. A sign program in compliance with Chapter 9.160 of the Zoning Code shall be submitted for Planning Commission approval prior to issuance of first building permit. 95. Exterior parking lot lights shall not exceed a height of 18 feet above finish grade. The light fixtures shall be a down shining box type with flush or recessed lenses and shall use low pressure sodium bulbs. Building mounted lights shall also have down shining box type fixtures with flush or recessed lenses and low pressure sodium bulbs. Any lighting fixtures adjacent or near residential areas shall also be provided with down hanging shields as required by the Planning Director. 96. The design and location of all cart return areas and equipment shall not be placed in parking spaces, shall be approved by the Planning Department, and shown on the precise grading plans. 97, Location of all trash and recycling enclosures shall be approved by the Planning Director and Burrtec Waste and Recycling Services prior to approval of precise grading plan. 429 p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMN SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 98. Parking spaces adjacent to perimeter landscape areas shall be a minimum 17 feet in length with two additional feet added to, and improved as part of, the adjacent landscape area. 99. The screen wall adjacent to the drive-thru lane of Pad A shall be a minimum 5 feet high from the drive-thru lane finish grade and shall be of a design that will adequately shield the view of cars queuing in the drive-thru lane from Jefferson Street. The overall design of the wall shall be subject to approval by the Planning Director and shall include a step down treatment at the both ends of the wall. 100. Deliveries to Shops 1, the Fresh & Easy food store, and the 42,500 square foot general retail pad or subsequent tenants shall not occur between 9 pm and 8 am. 101 . Temporary and permanent storage and display of goods for sale or rent, etc., outside the buildings shall not be permitted unless specifically approved by permit. 102. The final grading for the area adjacent to the wall along the south property line shall provide a minimum existing wall height of six feet measured from the project side, where possible. 103. All roof -mounted mechanical equipment shall be fully screened, preferably by the building walls. If not, screening shall be installed using compatible architectural materials and treatments, in a manner so that the equipment is not visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and Safety Department along with construction plan submittal for building permits. Method and design of screening must be approved by the Planning Department prior to any issuance of building permits related to structures requiring such screening. 104. The specific size, shape, and dimension of the area for the City entry monument shall be determined by the City and either transferred to the City or otherwise reserved for exclusive use by the City in a manner approved by the Planning Director prior to approval of the precise grading plan or approval of the final landscape plan, whichever occurs first. Additionally, electrical and water stub outs shall be provided by the applicant to the proposed location of the monument. .- 43') p\reports-cc\2008\5-6-08\sp 2002-062 marinita\scip cc coa.doc RESOLUTION 2008- CONDITIONS OF APPROVAL - RECOMM SITE DEVELOPMENT PERMIT 2007-898 REGENCY MARINITA LA QUINTA, LLC MAY 6, 2008 105. This approval does not constitute approval to subdivide the property. MISCELLANEOUS 106 If deemed feasible by the City, finish grades near the southwest corner of the project site shall be lowered to be compatible with that of the adjacent properties. 107 Adequate parking lot and security lighting shall be provided throughout the project site. 108 If deemed feasible by the City, direct pedestrian access shall be provided between the park/retention basin to the west and the project site. The design and location of the access and associated pathway shall be approved by the Planning Director prior to approval of the precise grading plan or approval of the final landscape plan, whichever occurs first. 109 The drive aisle adjacent to the north side of Pad A leading to the driveway entry on Jefferson Street closest to Fred Waring Drive shall be closed. Resulting parking spaces in that closed access area shall be designed to provide acceptable back-up provisions. 110 The building pads designed with drive-thru lanes shall not be used for a restaurant use. 1 1 1 Architectural design and building footprint size and location for the general retail pad identified as "Major" on the Site Plan is not a part of this approval and shall require separate Site Development Permit application review and approval. p\reports-cc\2008\5-6-08\sp 2002-062 marinita\sdp cc coa.doc 431 ATTACHMENT 1 CASE MAP CASE Nm SDP 2007-898 REGENCY MARINITA LA QUINTA ORTH SCALE: NTS 02 ATTACHMENT 2 SDP 2007-898 REGENCY MARINITA LA QUINTA a. 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Assistantja suggested the applicant respond to his concerns. 3. Applicant's representative, Clint K x of Komar Development, said they are looking at paving in a month -and -a -half and landscaping would follow that. Applicant piamed they would be coordinating the construction with Costc to minimize inconvenience to them. Committee Member Fitzpa ick asked if Costco had any complaints with them and the applic t said they did not. 4. Committee Member obbitt said the step outs on the end parking spaces were great as they would help keep people from stepping in and on, the land aping. 5. Committe�ember Bobbitt suggested the Barbara Karst variety of Bou[ rill as as a substitute for the San Diego Red variety on the columns s it would hold up better. 6. It w moved and seconded by Committee Members Bobbitt/Arnold to ad t Minute Motion 2008-007, recommending approval of Final L dscaping Plans 2007-027, as recommended and amended: a. C e : Additional landscaping shall be added to the east elevation. B. Site Development Permit 2007-898; a request of Regency Marinita La Quinta, LLC for consideration of architecture and landscaping plans for a neighborhood shopping center of 90,441 square feet located at the southwest corner of Jefferson and Fred Waring. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Committee Member Fitzpatrick said he was concerned about physical separation between the proposed buildings and residences and the park to the west. He then noted there was a six foot fence separating them. He thought the plan was well done but difficult to follow. He suggested the plan elevations 457 Architecture and Landscaping Review Committee February 6, 2008 be laid out more clearly for the Planning Commission presentation. He liked the southern exposure and the entrances. He.commented on reduction of turf comment in the staff report. Staff said there was more turf than was usually seen on most projects. The water concerns of the last few years dictated a cutback of turf, especially in retention basins. 3. Committee Member Fitzpatrick asked if the retention basin area could be utilized for another use. Staff explained the conditions regarding the turf reduction and the fact they were encouraging the applicant to cut back on the turf. 4. Committee Member Fitzpatrick asked about the City monument that was slated to be located at the corner. Staff said this area was set aside as a reminder for the applicant to allow for the monument to be included. Committee Member Fitzpatrick asked what the monument would be. Staff said it would be similar to the current pieces at the entrances to the City. 5. Committee Member Fitzpatrick asked about the building's interior design. Staff said they don't usually include interior layouts in the information provided to the ALRC . 6. Committee Member Fitzpatrick asked if an 18-wheeler would fit in the back to load and unload. Staff said the design was laid out so the trucks would be able to load and unload and then demonstrated the practical application on the plans. Committee Member Fitzpatrick asked if there was a minimum radius for trucks as he was especially concerned about the southwest corner. Staff replied the Public Works Department had that information, had reviewed the plans, and did not express concern. 7. Committee Member Fitzpatrick asked about exterior lighting. Staff said they did not mention lighting because it was usually addressed at the Planning Commission level. 8. Committee Member Fitzpatrick said negotiating the plans had been difficult for him since there were no cross references on elevations or pads. He said it would be easier if all plans submitted were adjusted at the ALRC level so the Planning Commission could understand them better when they receive them. Staff said they will make sure everything was clear when it went to the Planning Commission. Committee Member 45� Architecture and Landscaping Review Committee February 6, 2008 Fitzpatrick reiterated that staff did not have a problem with lighting. Staff said the parking lot lights would be limited to a shorter height and shielded. 9. Committee Member Fitzpatrick asked if staff was satisfied there were enough spaces, especially for disabled. Staff said the applicant was in compliance. 10. Committee Member Fitzpatrick said plans were to be stamped by a licensed landscape architect and asked if the requirements were the same for an architect. Staff replied the Building & Safety Department made sure that requirement was met at plan check. 11. Committee Member Fitzpatrick wanted to know why they were making a distinction between an architect versus licensed landscape architect. Planning Manager Sawyer said the Building Department reviews the building plans and checks for architect's credentials. The Planning Department checks the landscape architect's credentials. Committee Member Fitzpatrick was concerned the designs were done by a professional architect. Staff said that was part of the overall application process as is the Architecture and Landscaping Review Committee. 12. Committee Member Fitzpatrick asked if there were any LEEDs certifications involved in this project. Staff replied not that they were aware of, but the applicant could answer that question. 13. Michael Flynn, KTGY Group, the licensed architect for the applicant, introduced himself and said he would be signing these plans. They are looking at a number of sustainable elements; one of which was shading with sufficient overhangs as well as the limited usage of glass. They believe they can achieve LEED certification on this project. He described the materials which would be used in the project. He said they have gone through the list, are in good shape, and have registered the project for possible LEED certification. 14. Committee Member Arnold commented on the size of the islands and the step outs. He asked if the step outs would be included in the islands in the parking lots. Principal Planner Sawa said he wasn't sure if the applicant designed it that way but thinks Public Works requires it. Committee Member APnold 459 Architecture and Landscaping Review Committee February 6, 2008 was concerned about people stepping on the landscaping plants. 15. Committee Member Arnold was concerned about the width of the islands. Committee Member Bobbitt replied the size of the islands does not allow for the proper growth of the root structure of the trees and they will not survive. He said the long thin islands don't look like they can sustain trees. Staff replied they are required to be six feet wide. 16. Committee Member Arnold asked why they were putting in turf instead of ground cover. Rick Stokes, of Land Solutions, was introduced and said they have been working with staff on the choice of ground cover. Committee Member Arnold said it would be less costly to use Decomposed Granite (DG) and lantana, and the applicant would save on water and maintenance. Grass is high in maintenance and water usage. 17. Committee Member Arnold said there was turf alongside the Fresh & Easy building. Staff said they included a condition requesting DG and plants instead of turf. 18. Committee Member Bobbitt commented on the problems involved with Chilean Mesquites and Queen Palms. Staff said there was a concern for those two types of trees but wasn't sure if the Committee Members wanted to eliminate those species altogether. Committee Member Bobbitt said Queen Palms will die within a couple of years or look terrible. The soil, temperature extremes, everything works against them. They will look good for a while and then they begin to decline. The applicant is usually long gone by then. The owner of the property will not know and he strongly recommends against using the Queen Palms. He suggested a variety of Fan Palms. He was also concerned about ground covers since they look good at first but when it gets hot they don't look as well. He did not want to deny usage of specific plants, but suggested the applicant be careful about placement. 19. Committee Member Bobbitt asked about the recommended three to five foot pop outs and asked if staff was going to work out those dimensions with the applicant. Staff replied they would. 20. Committee Member Bobbitt referenced Condition No. 1113 469 Architecture and Landscaping Review Committee February 6, 2008 regarding the Date Palms being deleted from the palette if proposed. Staff replied they were on the plant palette but not on the plans and suggested they not be used. 21. Committee Member Bobbitt said he does like some use of turf as it cuts down on dust problems. 22. Committee Member Fitzpatrick asked if staff was concerned about the conditions being addressed before going to the Planning Commission. Staff replied they would make sure all conditions and comments were included in the information for the Planning Commission. 23. Committee Member Fitzpatrick asked about plans for the monument. Staff said the plans allowed for placement of a monument, but it had not been designed as yet. Committee Member Fitzpatrick said he wanted to see what these plans would look like once they were revised. Staff said the Committee Members would see the final landscaping plans. 24. Committee Member Fitzpatrick was concerned about the numbering and key systems on the plans. Rick Stokes, applicant's representative, said the plans were taken from various sources and consequently created different numbering systems. These would be revised and re -numbered for the Planning Commission. The items brought up would not be noticeable once the plans are revised and updated. He pointed to the plans and described how the trucks would be turning and addressed various other concerns the Committee Members had voiced. They would eliminate any plants which had not been approved for the plant palette. They would be eliminating any items that staff had requested be deleted and clean up the plans. 25. Committee Member Fitzpatrick said he would like to see future plans finalized and cleaned up when they were presented to the ALRC. Mr. Stokes said he was not familiar with the planning process in La Quinta, but the next project he did in La Quinta would be done better. 26. Committee Member Fitzpatrick said somebody needed to address this at an earlier stage. The Committee should not be rubber stamping plans without those plans being finalized. He requested a referenced, organized set of plans. a_, 461 Architecture and Landscaping Review Committee February 6, 2008 27. Committee Member Fitzpatrick commented on the turf reduction and said there should be a specific amount (ratio) listed. He did not feel confident moving the project forward without seeing the finalized plans. 28. Committee Member Fitzpatrick asked about the monument design and asked if the City would be designing it. Rick Stokes, applicant's representative, said he was not involved in the design. Staff said it would be handled through another department in the City. Rick Stokes said the applicant would provide a nice, landscaped place for the monument. 29. Committee Member Fitzpatrick asked if there was a standardized design. Staff said previous monuments had been standardized, but future monuments would have to consider new water efficiency standards. Committee Member Fitzpatrick asked if the Planning Commission should be advised there were some issues with the monument. Planning Manager Sawyer said there was identification on the plan noting the placement of the monument. 30. Committee Member Bobbitt said, as a point of clarification, the Committee was only allowed to see these plans one time. They didn't have a working set of landscape plans so he didn't understand how these issues would be resolved. This Committee is an advisory committee only. He gave a brief history of the original seven -member committee and how it evolved into a three -member committee. He said it is not part of the Committee's charter to have preliminary plans come back. 31. Committee Member Fitzpatrick asked if the Committee could deny the plan. Committee Member Bobbitt said they could do that. Planning Manager Sawyer said they were working on this at a staff level and he had some of the same questions the Committee brought up. He wanted to point out some of the conditions were presented as discussion points to obtain the ALRC's input. So they were draft conditions that staff was still working on and wanted the Committee's input. The plans needed to be finalized. They would take care of this before the presentation to the Planning Commission. 32. Committee Member Fitzpatrick asked if there was a list of 40.: M Architecture and Landscaping Review Committee February 6, 2008 conditions that the architectural designers had addressed and staff could make the Committee aware of prior to sending this to the Planning Commission. 33. Committee Member Arnold asked if the plans were revised after the Committee makes their recommendations. Planning Manager Sawyer said in most cases that would be true and explained the process of approval. Staff would continue to work with the applicant until the Planning Commission submission to address those conditions that were question marks. But it is a two-way street as the applicant has to agree to the conditions. Planning Manager Sawyer said staff only has a certain amount of time to process the applications and the applicant may not want to make the changes. 34. Committee Member Arnold added it is the Committee's job to make suggestions/recommendations. It is then up to the applicant to incorporate the changes. Planning Manager Sawyer explained the procedures and time constraints involved. 35. Committee Member Fitzpatrick wanted to know how the Committee Members could make sure changes were made. Planning Manager Sawyer said they will be reflected in the minutes and discussed with the applicant. They would encourage them to make the adjustments. Staff is currently working on a new format that would address the issue of including a key. 36. Committee Member Fitzpatrick said he would like to see the plans organized prior to submittal to the Planning Commission. Michael Flynn, KTGY Group architect, said they have no problem with addressing the conditions presented and would comply prior to Planning Commission presentation. Mr. Stokes said it is their commitment to address those issues before they go to the Planning Commission. 37. Committee Member Fitzpatrick said the plans should include the things discussed today and acknowledge those items be included in conditions to the Planning Commission. Staff explained the procedure to include the information. 38. It was moved and seconded by Committee Members Bobbitt/Arnold to adopt Minute Motion 2008-008 recommending approval of the Site Development Permit 2007- 898 as recommended. Unanimously approved. 0,,, 463 ALRC RECOMMENDED CONDITIONS OF APPROVAL FEBRUARY 6, 2008 SP 2002-062, AMENDMENT #2 SDP 2007-897 REGENCY MARINITA LA QUINTA, LLC 1. Plaster popouts on the building sides where they are not beneath an arcade shall be increased in depth to 3' to 5' to the satisfaction of the Planning Director. 2. Shop 3 and Pad "A" (2) buildings shall reduce the height of the main flat roof areas to a maximum 22' within 150' of the ultimate street right-of-way line. 3. Trellis structures shall be color finished metal tube structures. 4. Turf in the large areas adjacent to the south and west property lines shall be reduced and replaced with decomposed granite and planting to the satisfaction of the Planning Director. 5. The Chilean Mesquite trees shall be deleted and replaced with a substitute tree to the satisfaction of the Planning Director. 6. The trees adjacent to the existing residences along the south side of the project, along the street perimeters, and within the middle of the parking lot tree wells shall be a minimum 36" box size. 7. Tree wells in the parking lot areas shall be a minimum 6'x6' clear. 8. The street perimeter landscaping, where possible, shall be provided with 1' to 3' berming, especially in the area against the drive-thru screen wall where the berming shall be provided against the outside of the wall. 9. The Final landscaping and irrigation plans shall be prepared by a licensed landscape professional, be reviewed by the Architecture and Landscape Review Committee and Public Works Director, 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 and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. 10. The landscaped area at the intersection of Fred Waring Drive and Jefferson Street shall be reserved for a City entry monument to the satisfaction of the Planning Director. Planting around the monument shall be provided by the developer. 11. The planter area immediately north of Fresh & Easy shall be planted with a combination of small and large shrubs, groundcover and decomposed granite with no turf used to the satisfaction of the Planning Director. 12. The front door walkway areas of all buildings shall be provided with small planters for shrub, groundcover, vines, decomposed granite and where possible small growing trees to the satisfaction of the Planning Director. 13. The Date Palm tree shall be deleted from the plant palette and plan if proposed to be used. 14. Shrubs along the street perimeters shall be a minimum 5 or 15 gallons in size. 465 ATTACHMENT 6 April 1V1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calls Tampico, La Quinta, CA 7:00 P.M. CAD- TO ORDER A. his meeting of the Planning Commission w called to order at 7:00 p. by Chairman Ed Alderson w/askedommissioner Wilkinson to lea thelagsalute.B. Prese - Commissioners Paul Quililkinson, and Chairman Ed Alderso Absent:Commissionerows and Jim Engle. C. Staff press t: Planning Dire or Les Johnson, Planning Manager David Sawyer, Ass'lktant City Att ney Michael Houston, Principal Engineer Ed Wimmer, Prin ' al Plan--,' Stan Sawa, and Executive Secretary Carolyn r. Walke PUBLIC COMMENT: PRESENTATION: CONFIRMATIOD(OF THE AGENM: Confirmed. CONSENT ITEMS: A. ehairman Ed Alderson asked if th re were any changes to the Minutes of March 25, 2008. There being n ne, it was moved and seconded by Commissioners Quill/Wilkinson to prove the minutes as submitted. Unanimously approved. PUBLIC HEARINGS: A. Specific Plan 2002-062 Amendment No. 2, Site Development Permit 2007-898; a request of Regency Marinita La Quinta, LLC for consideration of 1) Development Guidelines and Principles to allow Development of a Retail Shopping Center on 10.79 acres, 2) Architectural and Landscaping Plans for a 90,441 square foot Shopping Center located on the southwest corner of Jefferson Street and Fred Waring Drive. 465 PAReports - PC\2008\4-22-08\Minutes 4-08-08.doc Planning Commission Minutes April 8, 2008 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. Chairman Alderson asked if the OSH building height was 41 feet. Staff said yes. Chairman Alderson asked if there were any water features included. Staff replied there were not. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson had a question about the elevation of the homes south of the project. Staff stated the residences were four feet lower compared to Shops 1. Commissioner Wilkinson asked about the park. Staff said it was a park and retention basin and quite a bit lower than the project. Commissioner Wilkinson was concerned about line -of -sight and the views of the nearby residences. Staff said from the south or the west people would see some of the buildings. There was proposed landscaping along both of these properties. When the landscaping has matured the trees will screen some of the project. Commissioner Wilkinson said one of the Conditions of Approval discusses delivery times. He asked if the deliveries, for the hardware store, would be made at the rear of the store. He also asked about early morning deliveries. Staff replied that Condition is the same as that imposed in 2002 and suggested the applicant address the Commissioner's concerns. Commissioner Wilkinson asked if the City Code required no work before 7:00 a.m. Chairman Alderson said that Code reference was related to construction, not retail deliveries. Staff pointed out Condition 100 which states "Deliveries to Shops 1, Fresh & Easy food store, and OSH Hardware or subsequent tenants shall not occur between 9 p.m. and 8:00 a.m." Staff said this should be compatible with the nearby residences as far as delivery times are concerned. 41. M FA Planning Commission Minutes April 8, 2008 Commissioner Wilkinson had a concern about the north entrance off of Jefferson where the parking areas come out into the driveway lane. He said motorists will be driving fast and traffic will be coming out of the parking areas at a lower rate of speed. He asked if this could be a potential problem. It was pointed out Commissioner Wilkinson was discussing the northern entrance off Jefferson Street. He suggested moving the building Pad A to the north, with parking on the south side of building, to alleviate the problem. Staff asked if he meant flipping the building and the parking in that area. Commissioner Wilkinson said he was suggesting moving the building over. Chairman Alderson said the alternative would be to stop traffic from using the driveways on either side or re -direct that exiting traffic. Commissioner Wilkinson said it was more the south area where it gets complicated if someone is entering the site and wanting to turn left into the bank parking area. It can create a bottleneck. He gave the example of the problem at Adams Street and Highway 1 1 1 by the carwash. Chairman Alderson suggested the applicant's engineer could address that question when they make their presentation. Commissioner Wilkinson said the photometric study showed the southwest corner of the project had very low numbers and it appeared to be very dark. Commissioner Quill said it was for the protection of the nearby houses. Staff said there would have to be some additional lighting in that area, but they would look at the final photometric study and make sure there was adequate lighting for safety, but still have the appropriate shielding for the neighbors. Chairman Alderson said this project was "parked out". He asked if the applicant was made aware of the fact that if he changes his mix of tenants and an incoming tenant has a higher parking requirement there will be no "leeway" to accommodate the parking. Staff replied the applicant had been informed of the parking requirements. �46� ill Planning Commission Minutes April 8, 2008 Chairman Alderson asked that a condition be added that the approval is for the two currently proposed drive -through uses, but should a new tenant request a drive -through for food use, it would be denied. Staff clarified they would not administratively approve a drive -through for fast- food. Chairman Alderson asked if there was any protection provided to eliminate the possibility of the public falling into the retention basins. Staff said normally no restrictions were required. Chairman Alderson asked if staff felt there was a hazard. Staff replied Public Works had analyzed the plan and would have commented on it if there was a safety issue involved. Principal Engineer Ed Wimmer agreed. Chairman Alderson asked if there were any major concerns expressed at the recent neighborhood meeting. Staff stated they did not attend the meeting and they had not subsequently been made aware of any major concerns. Chairman Alderson asked if the area designated for the City of La Quinta entry monument was only to have a City sign, or was the applicant including tenant signs. Planning Director Johnson said the area was reserved for the future use of a City entry -only sign such as the one in front of Home Depot. Chairman Alderson commented about the height of the OSH tower being 42 feet. Staff replied it had previously been approved at 41 feet. Chairman Alderson said Code limits that tower to 28 feet and said the City was giving up a 14 foot condition. Staff said that was right. Chairman Alderson was not trying to "nit pick" but it seems that every time an applicant comes in they raise these buildings a foot or two higher. He said he would look down on anything higher than this in the future. Chairman Alderson complimented the Architecture and Landscaping Review Committee on the fine job they did in analyzing the building design. Their comments were extensive and to the point, especially those of Committee Member Fitzpatrick. He also applauded the applicant for incorporating the ALRC-requested changes into the plans. *. 469 11 Planning Commission Minutes April 8, 2008 Commissioner Quill asked if the original plan was included in the packet. Staff said it was attachment no. 3. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Rick Stokes representing Regency-Marinita said the primary concern of the residents was the height of OSH. OSH has failed to execute an agreement with the developer to be part of the project. They are asking the commission to approve the project without the OSH portion of the project. Chairman Alderson wanted to know if they were asking for approval of the OSH pad, but not a building. Mr. Stokes said they wanted the approval of the 42,500 square foot building area as a pad. They have worked with staff on the Conditions of Approval and only have a couple of concerns. The first would be 15(B)11a); that the last sentence be changed from "The applicant shall pay to the City of La Quinta this fair share prior to the issuance of the grading permit" be changed to read "...prior to the issuance of building permits." Mr. Stokes wanted to address Condition No. 93 which referred to the CVS Pharmacy. He said there was a representative from CVS Pharmacy present to discuss this Condition. Commissioner Quill said the idea of approving a structure without knowing what the structure is for is problematic. He said he could not approve the specific square footage. Mr. Stokes said they were requesting approval of the pad based on the whole Site Development Permit. Commissioner Quill said he was concerned about approving the square footage because he did not know what the future usage would be. Planning Director Johnson suggested it be identified as retail not to exceed that amount so the parking ratio will still work. He added, a footprint and the square footage have to be identified for the Specific Plan purposes. Obviously the design character and everything else in the specific plan would hold true for any amendments to the site development permit that would come before you for future adjustments to either the footprint or the architecture of the building not to exceed 42,500 square feet. 5 Planning Commission Minutes April 8, 2008 Commissioner Wilkinson asked if the hours of delivery beginning with 7:00 a.m. were included in the conditions of the previous applicant and asked if that had anything to do with the neighborhood meetings. Mr. Stokes said the neighbors were concerned about that condition and he assured them it was covered in the Conditions of Approval. Commissioner Wilkinson had concerns about congestion at the entrance to the parking lot and asked how the site would be impacted if Building A was flipped with the parking area to the immediate north. Chairman Alderson said it would only solve half the problem. Commissioner Wilkinson gave some scenarios of parking problems. Mr. Stokes gave an explanation of how the circulation would work using the example of a bank tenant which is a very low intensity use. He said the plan would then be do -able if they were to flip the building and the parking area. Commissioner Wilkinson asked if emergency services had approved the turning radii. Staff said they had received no negative comments on this. Mr. Stokes said they submitted the plans to Riverside County and they had several comments, with their main concern being the ability to make a left-hand turn on to Jefferson. Commissioner Wilkinson commented on the direction the traffic would have to take. He asked Staff if they looked at the lighting and how it influenced the neighbors in the southwest corner of the parking area. He said if the use is changed it could affect the lighting. He asked if there was a way to get more lighting below the wall. Staff said there should be a way of adding lighting there with proper shielding. Commissioner Wilkinson said the photometrics study showed zero light in that area. Staff said they would make sure there was adequate lighting. There was a preliminary photometric study, but the final would provide adequate lighting. Planning Director Johnson suggested if the Planning Commission wants to add a Council recommendation staff could work with the applicant to assure there is adequate lighting and less impact on the nearby residences. Commissioner Wilkinson asked if they would be looking at signage later. Staff replied yes. *• 471 0 Planning Commission Minutes April 8, 2008 Planning Director Johnson clarified there is an allowance for architectural features up to fifteen feet in excess of the regular height requirements in the non-residential district. Chairman Alderson said when the large building is taken out the tower feature will be removed and no longer a concern. The other heights are within the logical allowable amount the Commission has approved. His point was there just seemed to be so many applicants exceeding the height regulations lately. Chairman Alderson asked if the lighting stands alone or was it attached to the OSH building. Planning Director Johnson replied the photometric plan took into account parking lot lighting only. An updated photometric plan would have to be worked out with the applicant. Commissioner Quill said one of the things discussed the first time this application was approved, was discussion about the fact there was a park and residential community behind it and, yet no walking or bike access had been provided into the shopping center. He asked when the City would begin requiring the addition of pedestrian -friendly uses to shopping centers. He was also concerned about the potential for driving problems just to access the shopping center and said the Commission should be promoting pedestrian -friendly access. Chairman Alderson asked if the project was approved, would the applicant begin construction immediately. Mr. Stokes said they were hoping to. They currently had their plans in for Shops 1, 3, and Pad A had already been through first plan check. Chairman Alderson confirmed they were just waiting for approval to submit plans. Mr. Stokes replied they were. Chairman Alderson asked if the grading plan was ready to go with the elimination of the OSH building. Mr. Stokes said they were waiting to submit their grading plan with changes. Chairman Alderson asked staff, regarding the grading plan, if the client would have any problems if they omitted the OSH pad, from the application, and did not have any changes in grading topography or anything. Principal Engineer Ed Wimmer said it did not appear to be any problem at all. Ms. Holly Gryzywacz, (representing CVS Pharmacy), 5850 Canoga Avenue, Suite 650, Woodland Hills, California said this design concept was based on the 2004 approval. It was the original concept with a O.il- 472 7 Planning Commission Minutes April 8, 2008 slight modification. (Mr. Stokes held up two sets of drawings; one with the original plan and one with the latest drawings.) Ms. Gryzywacz said the architect -drafted architecture would blend well with the center's architecture. They tried to maintain the original concept including arches. Chairman Alderson asked if they were looking at the first submittal or a recently amended one. Mr. Stokes clarified what they were looking at. Ms. Grzywacz said they took the recommendations of the Architecture and Landscaping Review Committee and were working to remove the columns to bring the building into cohesion with the rest of the center. They tried to preserve the windows, but she had no problem with adding back the columns. Chairman Alderson asked her if staff was recommending the original design. Ms. Grzywacz said yes. Chairman Alderson said if there were no more applicant representatives, he would call up Mr. Greg Cairns, whose wife had sent an e-mail to the Commissioners with concerns about the project. Mr. Greg Cairns, 79-966 Memorial Place, La Quinta said they were relieved to hear the concerns brought up by the Planning Commission. His concern was the type of trees that would be planted near his home, because all the tumbleweeds ended up in their yard. They would like to have "clean" trees rather than Tipu trees near their yard to help with the dust and debris. Other than that inclusion, they were happy with the plan. After attending the meeting tonight he was confident the Planning Commission was on top of the situation. Chairman Alderson complimented Mrs. Cairn's well -written e-mail. Chairman Alderson asked if there was any public comment. Mr. Mike Flynn, Project Architect, 17-992 Mitchell South, Irvine, California 92614, had a couple of items regarding changing the trees in the southwest corner, which was no problem. He said they would be going back through the Architecture and Landscape Committee with those changes. Chairman Alderson asked about he preliminary landscape plans. Staff clarified the conceptual plans were taken to the Planning Commission and the final plans were conditioned to be approved by staff, then taken to the Architecture and Landscape Committee for final approval. Mr. Flynn said he thought they could work something out that would give them conceptual grades. ADA access there wouldn't be any problem with including an opening so you could walk through the park and get access to the shopping center. 473 e Planning Commission. Minutes April 8, 2008 Commissioner Quill said while Mr. Flynn was at the podium he wanted to ask a question of Mr. Cairns. Commissioner Quill said this site plan lays out as Neighborhood Commercial without access and it's hard to make changes when they weren't intended from the beginning, but that being said, he asked Mr. Cairns if he thought the residents of the neighborhood would like to have access to the center. Mr. Cairns said yes they would and gave an example of trying to get to a business across Jefferson. Commissioner Quill said he wanted to have a resident's point of view because sometimes the residents don't want access because they think it would be problematic. He just wanted Mr. Cairns' point of view. Mr. Cairns was in favor of accessibility to the project. Chairman Alderson called on Mr. Sklepko, Project Engineer, D.R.C., 800 S. Rochester Avenue, Suite C, Ontario, CA 91761. He has been the civil engineer on the project and could answer any questions on the site. Commissioner Quill said the building pad elevation for OSH is at 49-feet. The houses near it looked like they're roughly four feet lower. Could conceivably the building pad heights come down some in relation to the adjacent property in order to reduce the overall elevation of the height. Mr. Sklepko said, on the south and west, they are really matching grade. They have some slope differential on the south side. They are actually slightly lower than the face of the wall. He was not sure if it was 4-feet throughout the plan. Commissioner Quill commented on how he arrived at the four -foot difference. Mr. Sklepko looked at the conceptual grading plan and confirmed the four foot difference. He went over the various grades in the project and said drainage was going into the southeast corner of the site therefore he does not have the ability to lower the grade and still provide drainage. Commissioner Quill said, in general, commercial sites on corners are lower. Chairman Alderson asked if it was safe to say they designed the site to balance. Mr. Sklepko said there would be an export of 9200 cubic feet. They would be increasing the export. Chairman Alderson asked about the export in the driveways. Commissioner Quill asked if the grade could be lowered and still maintain the drainage patterns needed to get back towards the retention basins. It would be helpful to lower the grades so the building pads were in better relationship to the adjacent residential development. Mr. Sklepko said possibly they could make some minor adjustments, but no dramatic changes. 0 Planning Commission Minutes April 8, 2008 Chairman Alderson commented on the storm drain, as well as the overflow into the retention basin on the west and south sides. Mr. Sklepko explained where the basins were and their usage. Chairman Alderson asked if there are three retention basins including an underground collection site. Mr. Sklepko aid the underground facility was closer to Jefferson. Chairman Alderson asked Mr. Sklepko to re -address the grading issue and see what could be done about providing some better grading to satisfy Commissioner Quill. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson asked if the applicant was going to close off one of the driveways to correct the cross -traffic problems. Chairman Alderson said the applicant needed to re -address the driveway and the entry so the two drives could be placed further west. Commissioner Wilkinson said he was not as concerned with the side accesses on the north, but with the one on the south. Chairman Alderson asked if the Commission could rely on that being worked out with staff. Planning Director Johnson suggested they make a recommended condition to eliminate the driveway access on the south side. He did not think it would be a circulation problem. Commissioner Quill commented that not too much attention had been paid to the drug store and enhancing their elevations. He said he personally liked the original elevation and would leave it up to the staff to maintain the current elevation. He would not be open to making any changes on the elevations. Commissioner Quill did say he would like to add a condition to require pedestrian access and highly recommended that a study be done to look at adding access to this site from the residential community. Planning Director Johnson said staff would be happy to work with the applicant to do that. Commissioner Quill added that about two years there was a recommendation made to the Planning Commission and there were some concerns made about safety issues. He would welcome checking with a. i 475 10 Planning Commission Minutes April 8, 2008 the police chief and involve the Community Services Department in providing linkage from the park. Commissioner Quill suggested a third condition, if anything could be done to the southwest corner elevation area, that it be dropped down somewhat in relationship to the residential development. Commissioner Quill said another condition would be to study the lighting issues. Also the addition or modification on trees in accordance with Mr. Cairns' concerns on the type of trees should be imposed. Commissioner Quill added the Commission requested modifying the application not to approve the OSH building, but just the pad. Chairman Alderson re -stated the conditions as Commissioner Quill presented them and added the OSH site would now be approved just as a commercial/retail pad not to exceed the square footage noted. He also added he had a concern with the color palette. He felt there should be an accent color to "jump out" at you. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-011 approving Specific Plan 2002-062, Amendment No. 2, as recommended. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioners Barrows and Engle. ABSTAIN: None. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Resolution 2008-012 approving Site Development Permit 2007-898 as recommended with the following amendments: a. The last line of Condition 15 B.1) a) be changed to read: The applicant shall pay to the City of La Quinta their fair share prior to the issuance of the building permit. b. Condition 61 to read: Trees adjacent to the south property line shall be "clean" trees (free of excessive leaf debris). An additional two trees shall be planted adjacent to the south property line next to the retention basin. 470 11 Planning Commission Minutes April 8, 2008 C. Condition 73 to read: Approved accessible on -site super fire hydrant(s) (6x4 2-1/2 x 2-1/2) Minimum number of 3 hydrants with 450 feet spacing between. The maximum distance from any point on street or road frontage to a hydrant shall be 225 feet. Fire hydrants shall provide the required fire flow. d. Condition 105 added to read: This approval does not constitute approval to subdivide the property. e. Condition 106 added to read: Finish grades near the southwest corner of the project site shall be lowered, if deemed feasible by the City. f. Condition 107 added to read: Adequate parking lot and security lighting shall be provided throughout the project site. g. Condition 108 added to read: If deemed feasible by the City, direct pedestrian access shall be provided between the park/retention basin to the west and the project. h. Condition 109 added to read: The drive aisle adjacent to the north side of Pad A leading to the driveway entry on Jefferson Street closest to Fred Waring Drive shall be closed. Resulting parking spaces in that closed access area shall be designed to provide acceptable back-up provisions. i. Condition 110 added to read: The pads with drive -through lanes shall not be used for restaurants. j. Condition 111 added to read: The "OSH" space is hereby not approved for development. It is an unspecified vacant retail pad of a maximum 42,500 square feet. Development of this pad area requires approval of a Site Development Permit application. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioners Barrows and Engle. ABSTAIN: None. VII. BMNESS ITEMS: Discussion oT-Che_April 1" City Coyneif'meeting: Chairman Alderson gave an overview of what he ad t e meeting. The meeting was about the Eden Rock project and it was ti to the April 15`h meeting. Chairman Alderson talked about the velopment Ag ant and asked Planning Director Les Johnson to ain what the problem was h the Development Agreement. 477 12