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2009 10 06 CC64 4 4 adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta, California 92253 Special Meeting TUESDAY, OCTOBER 6, 2009 2:30 P.M. Closed Session / 4:00 P.M. Regular Open Session Beginning Resolution No. 2009-076 Ordinance No. 473 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956(c) (ONE MATTER). 001 City Council Agenda 1 October 6, 2009 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNERS/NEGOTIATORS: TORRE NISSAN, GEORGE VELARDE; AND DODGE CITY, KENT SOWELL. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. C QrTli a JA I PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION TO TOM KIRK. 2. SAFE TEAM PRESENTATION. 3. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR JUNE 30, 2009. WRITTEN COMMUNICATIONS WRITTEN CORRESPONDENCE FROM KATHY STRONG, PUBLISHER/EDITOR OF LA QUINTA LIVING MAGAZINE, DATED SEPTEMBER 22, 2009, REGARDING PROPOSAL OF AN INAUGURAL ISSUE. City Council Agenda 2 October 6, 200?a*' 002 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF SEPTEMBER 15, 2009. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 6, 2009. 2. AUTHORIZATION OF OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE DISASTER RECOVERY TRAINING COURSE SPONSORED BY THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE IN SAN LUIS OBISPO, CALIFORNIA, APRIL 13-15, 2010. 3. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR FISCAL YEAR 2008/2009 SLURRY SEAL AND RESTRIPING PROGRAM PROJECT. 4. APPROVAL TO APPROPRIATE FUNDING, AND AWARD OF A CONTRACT TO CONTRERAS CONSTRUCTION COMPANY TO CONSTRUCT THE LION'S GATE SIDEWALK AND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-17. 5. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 33960, COSTCO WHOLESALE CORPORATION, INC. 6. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 33960, COSTCO WHOLESALE CORPORATION, INC. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY OWEN TRENT — DATE OF LOSS: AUGUST 11, 2009. 8. APPROVAL OF A PROJECT PROPOSAL FOR A COACHELLA VALLEY AIR QUALITY (CVAQ) ENHANCEMENT GRANT FOR THE COOPERATIVE LANDSCAPE WATER DEVELOPMENT PROGRAM FOR FISCAL YEAR 2009- 2010 AND FISCAL YEAR 2010-201 1. 9. APPROVAL OF FISCAL YEAR 2008-2009 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. 10. APPROVAL OF FISCAL YEAR 2008-2009 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. ��. 003 City Council Agenda 3 October 6, 2009 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HERMANN DESIGN GROUP, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE SEASONS PARK IMPROVEMENTS, PROJECT NO. 2009-05. 12. APPROVAL TO APPROPRIATE FUNDING AND AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE VILLAGE AREA SIDEWALK INFILL IMPROVEMENTS, PROJECT NO. 2009-19. 13. APPROVAL OF AN AWARD OF CONTRACT TO DAVIS REED CONSTRUCTION INC. TO CONSTRUCT THE GENERAL BUILDING PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08, AND APPROPRIATION OF FUNDING AND ADVANCE FROM THE GENERAL FUND RESERVE AND THE FIRE TRUST FUND TO THE FIRE DEVELOPMENT IMPACT FEE (DIF) AND THE MAINTENANCE FACILITY DIF. 14. ACCEPTANCE OF AVENUE 52 BRIDGE IMPROVEMENTS, PROJECT NO. 2005-02, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 2. 15. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31874-1, CARMELA, TAYLOR WOODROW HOMES, INC. 16. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID EVANS AND ASSOCIATES, INC. FOR THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) FOR PROJECT NO. 2007-19, LA QUINTA SPORTS COMPLEX REHABILITATION. 17. APPROVAL OF AN AWARD OF CONTRACT TO JAMES A. SHIRLEY CONSTRUCTION INC. TO CONSTRUCT THE SITE UTILITIES PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 18. APPROVAL OF AN AWARD OF CONTRACT TO DAVIS REED CONSTRUCTION INC. TO CONSTRUCT THE SITE WORK PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 004 City Council Agenda 4 October 6, 2009 19. APPROVAL OF AN AWARD OF CONTRACT TO TSJ ELECTRIC & COMMUNICATIONS INC. TO CONSTRUCT THE ELECTRICAL PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 20. APPROVAL OF AN AWARD OF CONTRACT TO ARROWHEAD MECHANICAL INC. TO CONSTRUCT THE HEATING AND AIR CONDITIONING PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 21. APPROVAL OF AN AWARD OF CONTRACT TO JPI DEVELOPMENT GROUP INC. TO CONSTRUCT THE PLUMBING PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 22. APPROVAL OF AN AWARD OF CONTRACT TO LOZANO CASEWORKS INC. TO CONSTRUCT THE CASEWORK PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 23. APPROVAL OF AN AWARD OF CONTRACT TO KINCAID INDUSTRIES INC. TO CONSTRUCT THE FIRE SPRINKLER PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 24. APPROVAL OF AN AWARD OF CONTRACT TO DESERT CONCEPTS CONSTRUCTION INC. TO CONSTRUCT THE LANDSCAPE PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 25. APPROVAL OF AN AWARD OF CONTRACT TO DAVIS REED CONSTRUCTION INC. TO CONSTRUCT THE DRYWALL, LATH, PLASTER, AND PAINTING PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 26. APPROVAL OF AN AWARD OF CONTRACT TO DEL'S FLOORING CONTRACTORS INC. TO CONSTRUCT THE FLOORING PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 27. APPROVAL OF AN AWARD OF CONTRACT TO MIKE COX ELECTRIC TO CONSTRUCT THE SOLAR ELECTRIC PORTION OF FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. City Council Agenda 5 October 6, 2000 005 BUSINESS SESSION 1. CONSIDERATION OF CIVIC CENTER CAMPUS VETERANS ACKNOWLEDGMENT AREA APPLICATIONS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE DEFERRAL OF IMPLEMENTATION OF THE INCREASED DEVELOPMENT IMPACT FEE (DIF) FOR RESIDENTIAL DEVELOPMENT. A. MINUTE ORDER ACTION 3. CONSIDERATION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TERRA NOVA PLANNING & RESEARCH, INC. TO PREPARE A GENERAL PLAN UPDATE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD HOC COMMITTEE TO REVIEW THE 2No QUARTER GRANT REQUESTS. A. MINUTE ORDER ACTION 5. CONSIDERATION OF AN ORDINANCE CREATING THE LA QUINTA HOUSING COMMISSION, A RESOLUTION APPROVING A FINANCING AGREEMENT AMONG THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT AGENCY, AND THE LA QUINTA HOUSING AUTHORITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, AND A RESOLUTION AGREEING TO PROVIDE STAFF SERVICES TO THE LA QUINTA HOUSING AUTHORITY. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING C. RESOLUTION(S) ACTION STUDY SESSION — NONE City Council Agenda 6 October 6, 2000,. 006 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 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 JULY 8, 2009 20. COMMUNITY SERVICES COMMISSION OF JULY 13, 2009 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE City Council Agenda 7 October 6, 2006" • 007 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. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2008-601; 2) APPROVAL OF SPECIFIC PLAN 83-002, AMENDMENT NO. 7; 3) APPROVAL OF TENTATIVE TRACT MAP 36139; AND 4) APPROVAL OF SITE DEVELOPMENT PERMIT 2008-907 TO SUBDIVIDE THE PROJECT SITE AND CONSTRUCT THE PGA WEST GOLF VILLAS, A 54-UNIT RESIDENTIAL DEVELOPMENT CONSISTING OF SINGLE-FAMILY, ATTACHED -DUPLEX UNITS AND COMMUNITY CENTER FOR PROPERTY LOCATED ON THE WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC. A. RESOLUTION(S) ACTION r City Council Agenda 8 October 6, 2009 « 008 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PLANS FOR REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE LOCATED ON THE WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC. A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on October 20, 2009, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of October 6, 2009, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on October 2, 2009. DATED/ October 2, 2009 VERONICA J�DOIONTECINO, City Clerk City of La Quinta, California Puhlir Nntirec 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. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calls Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 9 October 6, 2069 009 WRITTEN CORRESPONDENCE ITEM: September 22, 2009 2 3 20W Dear Mayor Adolph, Thank you for your interest in my proposal for a high -quality quarterly magazine for La Quinta. As we discussed, La Quinta Living magazine and its online virtual magazine component, laquintalivingmagazine.com, will be the City's foremost marketing and economic development tool. The upbeat, beautiful lifestyle publication will work in conjunction with all of the City's marketing and economic development efforts to reach the local community and those wishing to work, visit or relocate businesses to La Quinta. As a the founding editor of LQ magazine, a former publication of The Desert Sun, I had the privilege of sharing the remarkable people, history, businesses, recreation and exciting celebrations that make La Quinta a truly outstanding place to live, work and visit. Working closely with the City, its marketing firm and chamber, it would be my pleasure to be able to bring these impressive stories to the residents and outside world with the enthusiasm, top quality and graciousness befitting La Quinta. This magazine will make a statement for months. Its stunning appeal will be attributed to high -quality, full -color professional photography throughout, exceptional graphic design, elite printing and heavy, first-rate paper stock, from cover to cover. The complimentary publication will be produced quarterly and mailed in sealed poly bags to each resident of La Quinta and close environs, making it the City's foremost direct bond to its residents. An online magazine version, linked to the City's and Chamber's Web sites, will create an extensive out -of - area reach to potential visitors and business investors. Additional magazine copies will be placed at strategic locations, from City Hall and Chamber offices, to hotels and selected advertisers, making it accessible and visible. It is my goal to be able to produce the first issue of La Quinta Living magazine by the beginning of January 2010 to coincide with La Quinta's exciting hosting of The Bob Hope Classic. This inaugural issue would be an integral marketing and economic generating tool for the City as it hosts this world -class event. The time necessary to arrange advertising, stories and photography, as well as production and distribution makes it essential to have approval of the magazine as soon as possible. I graciously request that this proposal be placed on agenda before the City Council at the earliest possible date. Thank you for considering this request. i ereI at y atStblher/Editor, La Quinta Living magazine and laquintalivingmagazine.com Y 010 �T wf 4 F OF COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Demand Register Dated October 6, 2009 RECOMMENDATION: Approve Demand Register Dated October 6, 2009 BACKGROUND: Prepaid Warrants: 84427 - 844411 84442 - 84475) Voids} Wire Transfers} P/R 35826 - 358361 P/R Tax Transfers} Payable Warrants: 84476 - 84595) FISCAL IMPLICATIONS: Demand of Cash - City MDemand of Cash -RDA John M. Falconer, Finance Director 28,104.90 801,570.99 (500.00) 307,993.00 232,806.97 62,526.73 709, 204.47 $2,141,707.06 $1,801,950.16 $339,756.90 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING Oil CITY OF LA QUINTA BANK TRANSACTIONS 09/09/09 - 09/22/09 09/09/09 WIRE TRANSFER - TASC 09/09/09 WIRE TRANSFER - LANDMARK 09/18/09 WIRE TRANSFER - ICMA 09/18/09 WIRE TRANSFER - PERS 09/18/09 WIRE TRANSFER - LANDMARK $1,077.04 $87,961.74 $13,161.48 $24,118.85 $181,673.89 TOTAL WIRE TRANSFER OUT $307,993.00 012 ON b V V b o 0 0 o N o \ YJ r M m V m O O O O N O O xO . I� O b P N 121 N M M W N d' Ur. 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W um P W W P Q o a r o= e ¢ Ow N U YTI O NK vM n2i mm I N.-I va .1 .1 a'rgaa 1 zNM .IK P S m =. r r I m O P r 00 SOa'QQ I rrl OQ = U W W Q I r 3 wf x<mu=: iC la -I oa a Q a ¢z u U �,naa �ai �YNQ C 04 OF f COUNCILIRDA MEETING DATE: October 6, 2009 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for the CONSENT CALENDAR: d Emergency Services Coordinator to Attend the Disaster Recovery Training Course Sponsored by the California STUDYSESSION: _ Specialized Training Institute in San Luis Obispo, CA ruBLlc HEARING: from April 13 -15, 2010 RECOMMENDATION: Approve the overnight travel for the Emergency Services Coordinator to attend the Disaster Recovery Training Course Sponsored by the California Specialized Training Institute (CSTI) operated by the California Emergency Management Agency (Cal EMA) in San Luis Obispo, California from April 13 -15, 2010 (Attachment 1). FISCAL IMPLICATIONS: The costs associated with the attendance at the training course will be funded from Travel, Training and Meetings Fund, account #101-5056-425.51-01. Costs include registration, three nights of lodging, and meals. Employee will travel by City vehicle. The breakdown of estimated expenditures for the three-day training course is as follows: • Registration $ 650 • Hotel ($110 x 3) $ 330 • Meals $ 125 Total $1,105 CHARTER CITY IMPLICATIONS: None 0.49 BACKGROUND AND OVERVIEW: This course will improve the skills and abilities of the Emergency Services Coordinator. The three-day training course named Disaster Recovery contains information on the recovering from a disaster, incident command, emergency response, and emergency management. This course will contain information transferable to a local disaster scenario. This is the final required course of seven needed to receive a Certificate in Emergency management from Cal EMA. The City of La Quinta adopted the National Incident Management System on September 16, 2006, and is required to have one exercise per year and ensure its staff is trained. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the overnight travel for the Emergency Services Coordinator to attend the Disaster Recovery Training Course Sponsored by the California Specialized Training Institute in San Luis Obispo, CA from April 13 -15, 2010 or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, a'�L4_- Tom Hartung, Building & S fety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Disaster Recovery Course V 050 ATTACHMENT 1 CSTI California Specialized Training Institute DRAFT Trainin Bulletin As of li t2009 the Governor's Office (if Emegency Services is now the California Emergency Management Agency (CalE1169A). CSTI is the all hazards trainer for the nesv agency DATE: April 13-15, 2010 LOCATION. CSTI-San Luis Obispo, CA This new program is designed to Introduce basic recovery concepts for jurisdictions to capitalize on the various tools and programs available to recover following a disaster. This course is a required course in the CES/CSTI Emergency Management Specialist Training Certificate program. During this two and a half day training program,, subject matter experts from the California Emergency Management Agency will present information on a number of relevant topics, including: Declaration / Proclamation Safety Assessment Program Initial Damage Estimate / Preliminary Damage Assessment Individual Assistance Debris Management Public Assistance Project Worksheet / Damage Survey Report Development Fire Management Assistance Grant Recovery Planning Long Term Recovery / Community Development Environmental/Historical Considerations The Disaster Recovery course is one of the required courses for individuals seeking to complete the California Emergency Management Agency's Emergency Management Specialist Training Certificate Program. Academic Credit: You can now earn academic credit from California Polytechnic State University. For more information please visit www.continuing-ed.calpoly.edu/disastermgriit.html. You must be enrolled in the course through CSTI before you register for credit. NEW TUITION RATE E POLICY: $650.00- Turn payment must be mailed to CSTI, or credit card information called in prior to the start of the ceimm. We are unable to accept tuition payments on the day of registration. Late registration will be considered on a case -by -case basis, depending on availability. CSTI accepts checks, money orders, and credit cards (VISA, MasterCard, and American Express). Purchase orders are not accepted. Checks should be made payable to: Ca//fornfa Emergency Management Agency. For credit card payments or questions about tuition, contact (805) 5493599. Our Federal Tax ID# is 68-0278801. Apply immediately using the form below or online at www.csti.co.gov. An Information packet and map will be sent 4-8 weeks prior to the course. For registration questions call the Registrar Kayla Mikel at (805) 549-3536, Kayia.Mlkel@oes.ca.gov or for course content, contact the Course Manager Joe Costello at (805) 549-3653, Joe. CostelloAgoes.ca.gov. Name: Agency: _ Address: City: Work Phone: Disaster Recovery April 13-15, 2010 — San Luis Obispo, CA FAX: Send Confirmation To: Training Coordinator/Supervisor Signature: Title: State: Zip: E-Mall: E-Mail: SS# (last four digits): Do you have any disabilities (including special allergies or medical conditions) that require special consideration during your attendance? Yes_ No_ If so, please indicate on a separate piece of paper. Please fill out this application and mail or FAX to: CSTI -P.O. Box 8123, San Luis Obispo, CA 93403.8123 For registration Information contact: Kayla Mikel, Registrar, (805) 549-3536, FAX (8051549.3348 C51 � / S FH OF TKF COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE Approval of Contract Change Order No. 1 for Fiscal Year 2008-2009 Slurry Seal and Restriping Program Project No. 2008-11 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 1 for the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-1 land authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscal Year 2008-2009. Funds in the amount of $1,781,107 (Account Number 101- 7003-431.34-04) are available for this work. Valley Slurry Seal submitted the lowest responsive bid, in the amount of $1,009,462 for this work. Project Budget Total Amount Spent Through September 25, 2009 Project Budget Amount Available Original Construction Contract Amount Pending Contract Change Order(s) No. 1 New Contract Total Project Budget Amount Remaining Anticipated Inspection Costs Project Budget Amount Remaining After Construction Efforts $1,781,107 $ 45,354 $1,735,753 $1,009,462 $ 55,934 $1,065,396 $ 668,036 $ 35,000 $ 633,036 052 Adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is funded with 100% locally generated revenue. As such, the project was advertised for bid as a non -prevailing wage improvement. BACKGROUND AND OVERVIEW: The Pavement Management Program (PMP) is a citywide survey that provides a current inventory of the City's streets, along with an analysis of the existing condition and preservation recommendations. The PMP was last updated in November 2007. This year's project will slurry seal just under 4 million square feet of street surface and restripe the streets after the slurry seal is applied. On March 17, 2009, the City Council approved the project specifications and bid documents and authorized staff to advertise the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-1 1 . On May 19, 2009, the City Council rejected the bids received on April 22, 2009 to construct the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-11, and authorized staff to re -advertise the project for bid. On June 22, 2009, six (6) new bids were received for the construction of this project. Valley Slurry Seal submitted the lowest responsive bid in the amount of $1,009,462. On July 24, 2009 a Notice of Proceed was issued to Valley Slurry Seal Company with thirty (30) working days beginning July 24, 2009 and ending September 4, 2009. After awarding the project, additional areas of damaged asphalt that were in need of grinding and repair were identified. These additional areas were not addressed in the project specifications and are not items that could be adjusted by the quantity adjustment during the project acceptance. This contract change order exceeds $25,000 and therefore requires City Council approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve Contract Change Order No.1 for the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-1 1 and authorize the City Manager to execute the same; or 2. Do not approve Contract Change Order No.1 for the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-11; or „.,. 053 3. Provide staff with alternative direction. Respectfully submitted, T4mothy R. ona son, P.E. Public Works Di for/City Engineer Approved for submission by: Lei u"I `. ` fiZ7.lY`C�C , Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 1 054 ATTACHMENT Sheet 1 of 2 CONTRACT: FY 08109 Slurry Seal and Restriping Program PROJECT NO. CIP 2008-11 CONTRACTOR: Valley Slurry Seal Company P.O. Box 981330 . West Sacramento, CA 95798 CONTRACT CHANGE ORDER NO.1 . Pursuant to the terms ofthe original Contract Agreement, you are hereby directed to make the herein described changes ordo 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. 1DESCRUMON OF CHANGE This Contact Change Order allows for the additional grind/overlay and repair of additional areas that were not originally included in the project, but in need of repair. Total $ 55933.50 Original Contract Amount $1009,462.01 Add This Chan a Order No.1 $ 55 933.50 Revised Contract Total $1065,395.51 By reason of this contract change order the time of completion is adjusted w follows: - 4 - days added to contract time. The revised contract completion date shall be: 09/11/09 Submitted By: Date: Approved By: Date: We, the undersigned Comractor, havegiven careful conslderalion to theehangepreposedand hereby agree, tf,this proposal is approved, that we will provide all equipment furnish all materials, perform all labor, except as may be notedabove, and perform all services necessary to complete the above specified wark and hereby accept asfidl payment the amount shown above, which includes all direct and Indirect overhead experues for any delays. Accepted By: Contractor: V-LLFi�4tiIV�ilk� Date: r1 OMSION(Cw)WOIeCM2COt1ST=IGNNMS-II MUMY,PALi=SnUCnONWRWMSPAYA4M&CCO'StCCeel.➢OGo r V FAX Quote Date: 9/1812009 To: City of La Quinta Attention: Daniel Valenzuela From: Mike Koenig Pages: 1 Subject: FY 08/09 Slurry Seal Program Various Streets La Quinta, Ca 92247-1604 Phone: 760-777-7096 Fax: 760-777-7155 Bid Date: Bid Time: Proposal Number: 09-559 WNW vau.eLl Swma Saar Co. Valley Slurry Seal will provide all equipment, labor, material and tools to perform the following work on the above mrn.nn—A n ;.M ITEM # DESCRIPTION UNIT QUANTITY UNIT $ TOTALS - 2 1 Grind Existing AC Day 2 4400.00 8800.00 2 2 AC Patch Cracks (4man crew, Roller, Bobtail Day 2 4,400.00 8,800.00 Dump Truck, Bobcat Skidsteer Loader Approx. 8 Tons of Asphalt 3 1 Grind AC And Pave Back -Center of Lane #2 SF 12,300 2.90 36,670.00 6% Markup LS 1 1 2,663.50 TOTAL 55,933.50 All work described above is based on estimated quantities and snail be a minimum, overruns to be paie at tre unit price. INCLUSIONS: EXCLUSIONS: Valley Slurry Seal Company is an Open Shop Contractor and will not become signatory to any labor agreements. P.O. BOX 981330 • WEST SACRAMENTO, CA 95798, USA • PHONE (916) 373-1500 FAX NO. (916) 373-0183 • CONTRACTOR'S LICENSE NO.293727A f Rvr=mEnT MRInTEnRnicE SPECIRLISTS V56 Qum& Fy OF htE� COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Appropriate Funding, and Award a Contract to Contreras Construction Co. to Construct the Lion's Gate Sidewalk and Landscape Improvements, Project Number 2009-17 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ��r��•�y�xymca PUBLIC HEARING: Appropriate RDA Project Area Number 1 funding in the amount of $26,846 from the Handicap Ramps — Various Location construction line item (401-1652-551.45- 01), and award a contract to Contreras Construction Co., in the amount of $45,791 to construct the Lions Gate Sidewalk and Landscape Improvements, Project 2009-17 and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The following is the project's recommended funding and funding source: RDA Project Area Number 1 $26,846 Developer Contribution $38,310 Total Available Funding: $65,156 Based on the low bid received from the Contreras Construction Co., in the amount of $45,791, the following is the anticipated budget to complete the project: Design $7,800 Inspection/Testing/Survey: $4,465 Construction: $45,791 Administration: $2,290 Contingency: $4,810 Total: $65,156 �_ 057 As illustrated, adequate funding is available to award a contract, in the amount of $45,791 to construct the Lion's Gate Sidewalk and Landscape Improvements, Project 2009-17. HARTER CITY IMPLICATIONS: None, the project was bid with prevailing wage requirements in anticipation of the need for additional RDA funding. BACKGROUND AND OVERVIEW: The proposed improvements will construct 575 feet of sidewalk that is currently missing on the north side of Avenue 58 adjacent to the Lion's Gate development. Approximately 130 feet will be constructed west of the Lion's Gate main entrance off of Avenue 58, South Valley Lane, and 445 feet to the east. An 8 foot wide sidewalk and two handicap ramps will be constructed within existing right-of-way. Four thousand square feet of landscape and irrigation will also be installed. The landscape design has been coordinated with the Lion's Gate HOA. A vicinity map is provided as Attachment 1. The developer was conditioned to complete these improvements once Avenue 58 was widened to four lanes. The developer entered into a Subdivision Improvement Agreement (SIA) for them in 1996. The developer deposited $38,310 in cash towards the improvements in 2004 based on the engineer's estimate at the time. A certified letter was sent to the developer on July 27, 2009 asking for the balance of the funds (approximately $27,000) needed to complete the improvements. To date, the City has not received the additional funds; however, staff will continue to pursue collecting the remaining funds. If these efforts are successful, the RDA funds identified above will be returned to the RDA Project Area Number 1 Fund. On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Agency approved similar findings and authorized the expenditure of Agency funds on this project on April 21, 2009. Handicap Ramps — Various Locations were included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. On August 4, 2009, the City Council approved the plans, specifications and engineer's estimate (PS&E) and authorized staff to advertise for bid the Lion's Gate Sidewalk and Landscape Improvements, Project Number 2009-17. "` 053 On September 16, 2009, seven (7) sealed bids were received for the construction of this project. Contreras Construction Co. submitted the lowest responsive combined bid in the amount of $45,791. The detailed bid comparison summary is provided for the City Council's reference as Attachment 2 to this report. Contingent upon City Council of the construction contract on October 6, 2009, the following is the anticipated project schedule: City Council Awards Contract Sign Contracts and Mobilize Construction Project Closeout FINDINGS AND ALTERNATIVES: October 6, 2009 October 7 - 19, 2009 October 2009 - November 2009 December 2009 The alternatives available to the City Council include: 1. Appropriate RDA Project Area Number 1 funding in the amount of $26,846 from the Handicap Ramps - Various Location construction line item (401- 1652-551.45-01), and award a contract to Contreras Construction Co., in the amount of $45,791 to construct the Lions Gate Sidewalk and Landscape Improvements, Project 2009-17 and authorize the City Manager to execute the same; or 2. Do not appropriate RDA Project Area Number 1 funding in the amount of $26,846 from the Handicap Ramps - Various Location construction line item (401-1652-551.45-01), and do not award a contract to Contreras Construction Co., in the amount of $45,791 to construct the Lions Gate Sidewalk and Landscape Improvements, Project 2009-17; or 3. Provide staff with alternative direction Respectfully submitted, 4othy R. J n ss n P.E. Public Works irect r/City Engineer 059 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Bid Comparison Summary 060 ATTACHMENT 1 TM 28034 LION"S GATE venue Airport Blvd. c Site co Lake ° Ce:+tiuilla � n 58th Avenue TITY MAP NOT TO SCALE 061 CITY OF LA QUINTA ATTACHMENT 2 LION'S GATE SIDEWALK AND LANDSCAPE IMPROVEMENTS PROJECT 2009-17 BID COMPARISON SUMMARY ENGINEER'S ESTIMATE Contreras Construction Teserra ITEM DESCRIPTION QTY UNIT EXPRUNIT PRICE -XII ENDED 1 Mobilization I LS $ 3,000.00 $3,000.00 $2,000.00 $2,000.00 $1,800.00 $1,800.00 2 Traffic Control 1 LS $ 750.00 $750.00 $500.00 $500.00 $2,300.00 $2,300.00 3 Dust Control I LS $ 1,500.00 $1,500.00 $2,000.00 $2,000.00 $1,300A0 $1,300.00 4 Clear and Grub 1 LS $ 1,000.00 $1,000.00 $3,000,00 $3,000.00 $1,600.00 $1,600.00 5 Grade Site I LS $ 1,000.00 $1,000.00 $1,500.00 $1,500.00 $4,800,00 $4,800.00 6 PCC Sidewalk 4720 SF $ 5.00 $23,600.00 $4.30 $20,296.00 $4.25 $20,060.00 7 Curb Ram Case 2 EA $ 1,500.00 $3,000.00 $2,000.00 $4,000.00 $1,888.00 $3,776.00 8 Landscape (Plantingand Irri ation I LS $ 4,500.00 $4,500.00 $5,475.00 $5,475.00 $6,811.00 $6,811.00 9 YBoulders 5 EA $ 300.00 $1,500.00 $160.00 $800.00 $119.00 $595.00 10 2'Boulders 5 EA $ 275.00 $1,375.00 $51.00 $255.00 $55.00 $275.00 11 Apache Red Brown Granite 3558 SF $ 1.00 $3,558.00 $0.87 $3,095.46 S1.07 S3,807.06 12 4"-6"Cobbles 1018 SF $ 0.80 $814.40 $2.50 $2,545.00 S1.66 S1,689.88 13 NinetyDa Maintenance I LS $ 500.00 $500.00 $325.00 $325.00 $250.00 $250.00 TOTAL BASE BID AREA ITEMS -1 : 46 097.40 45 791.46 49 063.94 Earth Sculptures Sierra Landscape International Pavement UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE $1,500.00 $1,500.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $650.00 $650.00 $2,780.00 $2,780.00 $500,00 $500.00 $500.00 $500,00 $1,200.00 $1,200.00 $6,600.00 $6,600.00 $1,800.00 $1,800.00 $5,200.00 $5,200.00 $5,300.00 $5,300.00 $3,900.00 $3,900.00 $4.52 $21,334.401 $3.50 $16,520.00 $3.85 $18,172.00 $1,890.00 $3,780.001 $1,500.001 $3,000.00 S1,845,001 $3,690,00 $12,925.00 $12,925,001 $7,200.001 $7,200.00 S8,500.00 $9,500.00 $135.00 $675.00 $85.00 $425.00 $100.00 $500.00 $130.00 $650.00 $65.00 $325.00 $55.00 $275.00 $1.80 $6,404.40 $L00 $3,558.00 $2,00 $7,116.06 $3.50 $3,563.00 $1.75 $1,781.50 $5.00 $5,090.00 $2,400.00 $2,400.00 $1,000.00 $1,000.00 S1,200.00 $1,200.00 $63,411.80 $50,709.50 $53,393.00 Tri Star Contracting Desert Concepts UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE $10,100,00 $10,100.00 $9,900.00 $9,900.00 $560.00 $560.00 $1,500.00 S1,500.00 $3,920.00 $3,920.00 $1,500.00 $1,500.00 $1,344.00 $1,344.00 $2,500.00 $2,500.00 $5,600.00 $5,600.00 $1,500.00 $1,500.00 $2.71 $12,791.201 $4.25 $20,060.00 $3,248,00 $6,496.00 $1,500.00 S1000.00 $5,718.72 $5,719.72 S5,250.00 $5,250.00 $168.00 $840.00 $200.00 $1,000.00 $140.00 $700.00 $150.00 $750.00 $0.96 $3,415.68 $1.50 $5,337.00 $1.59 SI,618.62 $L50 $1,52T00 $1,120.00 $1,120.00 S1,600.00 $1,600.06 $54,224.22 $55,424.00 T4hf 4 4 a" COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Parcel Map No. 33960, Costco, Costco Wholesale Corporation, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 1 UBLiC HEARING; Accept off -site improvements associated with Parcel Map No. 33960, Costco, Costco Wholesale Corporation, Inc. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $500 annually, which will be incorporated in the Public Works Department Account No. 101-7003-431.43-73 for Storm Drain Maintenance. Median landscape maintenance is estimated to be $720 annually, which will be incorporated in the Public Works Department Account No. 101-7003-431.34-04 for Citywide Landscape Maintenance. CHARTER CITY IMPLICATIONS: None. KGROUND AND OVERVIEW: Parcel Map No. 33960, Costco, is located south of Highway 111 and west of Jefferson Street (Attachment 1). The improvements include curb and gutter, catch basins, landscaping, sidewalk, signing, striping, asphalt concrete pavement and . 063 traffic signal modification. All obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 indicates the amount of the warranty security. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Parcel Map No. 33960, Costco, Costco Wholesale Corporation, Inc. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Parcel Map No. 33960, Costco, Costco Wholesale Corporation, Inc. and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, lothy R. J nas o P.E. ublic Work Dir or/City Engineer Approved for submission by: 'v bl�C "12'� Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit C64 ATTACHMENT 1 PM 33960 COSTCO VICINITY MA NOT TO SCALE u«r CITY COUNCIL MEETING: October 6, 2009 n- s ITEM TITLE: Acceptance of Off -Site Improvements Associated with Parcel Map No. 33960, Costco WN APPLICANT: Mr. Michael Okuma, Costco Wholesale r65 ATTACHMENT 2 WARRANTY SECURITY Parcel Map No. 33960 — Off -Site Improvements Development Name: Costco OFFSITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materialsz Original Amount Proposed Reduction WARRANTY AMOUNT Offsite Streets Improvements $237,991 $237,991 90% $23,799 Sidewalk $27,451 $27,451 90% $2,745 Landscaping Median $50,000 $50,000 90% $5,000 Traffic Signal - $100,000 $100,000 90% $10,000 Standard 10% Cont inge ncy $41,540 $41,540 100% $0 Professional Fees, Design (10%) $45,700 $45,700 100% $0 Professional Fees, Construction (10%) $45,700 $45,700 100% $0 ota s 5 , 82 5 8,38 544 ' Performance Security shall be released immediately upon City Council acceptance s Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. ,. r 6 6 COUNCIL/RDA MEETING DATE: October 6, 2009 ►TEM TITLE: Acceptance of On -Site Improvements Associated with Parcel Map No. 33960, Costco, Costco Wholesale Corporation, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Parcel Map No. 33960, Costco, Costco Wholesale Corporation, Inc. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33960, Costco, is located south of Highway 111 and west of Jefferson Street (Attachment 1)• The improvements include curb and gutter, storm drain, catch basins, water, sewer, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 indicates the amount of the warranty security. .1 C61 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Parcel Map No. 33960, Costco, Costco Wholesale Corporation, Inc. and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Parcel Map No. 33960, Costco, Costco Wholesale Corporation, Inc. and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, � n Qub othy R. ass P.E. lic Works irec r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Warranty Security Exhibit 1. 0,68 ATTACHMENT 1 PM 33960 COSTCO MILES AVENUE pp/p�lo'llt \\7W 'm GOLF�CLUB j 49TH AVENUE -ANITY MAP NOT TO SCALE CITY COUNCIL MEETING: October 6, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Parcel Map No. 33960, Costco APPLICANT: Mr. Michael Okuma, Costco Wholesale C6q ATTACHMENT 2 WARRANTY SECURITY Parcel Map No. 33960 - On -Site Improvements Development Name: Costco ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials Original Amount Proposed Reduction WARRANTY AMOUNTS Rough Grading $266,000 $266,000 90% $26,600 Site Parking $953,133 $953,133 90% $95,313 Parking Lot Lighting $60,000 $60,000 90% $6,000 Retaining and Screen Walls $150,000 $150,000 90% $15,000 Storm Drain Improvements $426,800 $426,800 90% $42,680 Sewer $165,676 $165,676 90% $16,568 Domestic Water $287,035 $287,035 90% $28,704 Landscaping Improvements $300,000 $300,000 90% $30,000 Monumentation - $5,000 100% $0 Standard 10% Contingency $260,860 $261,360 100% $0 Professional Fees, Design (10%) $286,950 $287,500 100% $0 Professional Fees, Construction (10%) $286,950 $287,500 100% $0 Totals $3,443,404 $3,450,004 $260,864 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. a WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. �70 / T 4 CF`y OF i'F'-�� COUNCIL/RDA MEETING DATE: October 6, 2009 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed by: Owen CONSENT CALENDAR: Trent; Date of Loss — August 11, 2009 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Owen Trent; Date of Loss — August 11, 2009. FISCAL IMPLICATIONS: The total amount of the claim is $100. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Owen Trent with a reported date of loss of August 11, 2009 (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: 1. Deny the Claim for Damages filed by Owen Trent, with a reported date of loss of August 11, 2009; or Oil 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: rye / / V�i'✓z�2 Thomas P. Genovese, City Manager Attachment: 1. Owen Trent, Claim for Damages 072 ATTACHMENT 1 FILE WITIC CITY CLERK'S OFFICE City Of La Quints P.O. BOX IW4 La Qtft. 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NOTE fdpasbalmdonotfttnoaauatbn.dbxbher0bIPOW dagram cc your "We when you bdaawCity VeWlocationofCMyv6M*AtfmOf sfpnedbydairrant. �v11.y �" SIDEWALK CURB CURB � PARKWAY SIDEWALK 0 �f6)j< 1 15-2�1-69 1.. 074 &'f 'Alf 70 'I)F'T'A'kjLjN 360,81633 2iq-i'ms ORDER NO, DATE SOLD -T TO 0 (4 ; Q Ir. 1287 I I A 7,5 C&ty� 4 4 agwai COUNCIURDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval of a Project Proposal for a Coachella Valley Air Quality (CVAQ) Enhancement Grant for the Cooperative Landscape Water Development Program for Fiscal Year 2009-2010 and Fiscal Year 2010-201 1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a project proposal for a Coachella Valley Air Quality (CVAQ) Enhancement grant for the Cooperative Landscape Water Development Program (Program) for Fiscal Year 2009-2010 and Fiscal Year 2010-201 1. FISCAL IMPLICATIONS: If approved, the grant would offset future costs of the Program. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The Colmac Air Quality Enhancement Fund was established through conditions of a settlement agreement resolving litigation between Colmac Energy, Inc. and Riverside County over the construction of a biomass energy plant near the unincorporated community of Mecca in the southern Coachella Valley, and can only be used for projects which enhance air quality within the Coachella Valley. The County of Riverside (County) administers the CVAQ funds. A committee consisting of the County Fourth District Supervisor and representatives of the Coachella Valley Association of Governments (CVAG) and the South Coast Air Quality Management District (AQMD) will review and rank the proposals. The committee's recommendations will go to the County Board of Supervisors for final consideration. 1 0 76 It is currently estimated that $275,000 is available annually for allocation to projects. Funding requests may not exceed $50,000 for a single year; $100,000 for a two-year project. It is anticipated that funding for Fiscal Year 2009-2010 would be available to successful applicants after January 1, 2010. Second year funding is dependent upon the receipt of the Fiscal Year 2010-201 1 Colmac settlement payment. The funding request will be $50,000 for Fiscal Year 2009-2010 and $50,000 for Fiscal Year 2010-2011 with no proposed matching funds for either year. In -kind services will be proposed and will be provided by several City staff members who will administer the project. City staff believes that the Program helps enhance air quality within the Coachella Valley by replacing turf lawns with desert landscaping thus eliminating seeding which is a major contributor to Particle Matter (PM) 10. Also, the usage of smart controllers for irrigation will result in reduced Coachella Valley Water District (CVWD) pump usage thus reducing the amount of kilowatts used which results in reduced greenhouse gas (GHG) emissions. Proposal applications for the Colmac Air Quality Enhancement Funds were due no later than September 30, 2009. The grant application includes funding for Fiscal Year 2010-201 1 and is conditional upon approval by City Council (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a project proposal for a Coachella Valley Air Quality (CVAQ) Enhancement grant for the Cooperative Landscape Water Development Program (Program) for Fiscal Year 2009-2010 and Fiscal Year 2010-201 1. 2. Do not approve a project proposal for a Coachella Valley Air Quality (CVAQ) Enhancement grant for the Cooperative Landscape Water Development Program (Program) for Fiscal Year 2009-2010 and Fiscal Year 2010-201 1 . 3. Provide staff with alternative direction. Respectfully submitted, A-/� /,�4 T Bret M. Plumlee, Assistant City Manager — Management Services 1077 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. COLMAC Air Quality Enhancement Fund Project Proposal 073 Attachment approval on October 6. 2009. COLMAC AIR QUALITY ENHANCEMENT FUND COACHELLA VALLEY AIR QUALITY ENHANCEMENT PROJECTS PROJECT PROPOSAL Fiscal Year 2009-2010 and Fiscal Year 2010-2011 1. ORGANIZATION NAME AND MAILING ADDRESS City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 2. PROJECT MANAGER Bret M. Plumlee, Assistant City Manager — Management Services Telephone: (760) 777-7065 Email: bplumlee@la-quinta.org 3. FISCAL ADMINISTRATOR John Falconer, Finance Director Telephone: (760) 777-7075 Email: jfalcone@la-quinta.org 4. PROJECT SCOPE A. DESCRIBE THE PROPOSED PROJECT, INCLUDING PROJECT GOALS AND OBJECTIVES BACKGROUND The Coachella Valley is currently designated as a serious non -attainment area for PM10 (particulate matter with an aerodynamic diameter of 10 microns or less). Under the Federal Clean Air Act, an area can be designated as attainment if, among other requirements, the Environmental Protection Agency (EPA) determines that the national ambient air quality standards have been attained; with the determination of compliance based on three complete, consecutive calendar years. To remove the designation as a serious nonattainment area, the 2002 Coachella Valley State Implementation Plan was developed through the collaborative efforts of the South Coast Air Quality Management District (SCAQMD) and the local regional council of governments: the Coachella Valley Association of Governments and local stakeholders. It assessed current local and AQMD regulations compared to the most stringent measures currently in use throughout the country. With the commitment to adopt and implement the relevant most stringent measures, the area requested and was granted a five (5) year extension of the attainment date (from 2002 to 2006) by the EPA. Coachella Valley intends to apply for attainment designation for the n79 Attachment 1 years 2006, 2007 and 2008 based on compliance to new EPA air quality standards. The dusty process of "scalping" has long been known for the massive amount of dirt, pollen and tiny bits of grass that is kicked up in the air. This dust can be a serious health risk for people with breathing related problems. It also worsens the already significant dust problem. The dust becomes a component of PM10, negatively impacting air quality and quality of life. Most environmental experts agree that the biggest change must be made at the local level and the Cooperative Landscape Water Development Program (Program) can aid in continuing to achieve attainment designation. The City of La Quinta (City) and Coachella Valley Water District (CVWD) established the Program. The purpose of the Program is to establish a water conservation program for qualifying property owners (Homeowners) and/or City/Agency projects in the City which includes conversion of turf to water efficient drip irrigated landscape, installation of curbside landscape buffers and weather based irrigation controllers. The Program has drawn much interest by City residents, and City staff members are doing their part by getting the Program to the people. Recently, City staff members held a Green Workshop at the La Quinta Museum and La Quinta residents were invited to attend. Sign-up lists were used to enlist many interested La Quinta residents into the Program and an article in The Desert Sun highlighted details of the Green and Sustainable La Quinta program. In order to increase visibility and participation in the Program, City staff members plan to make presentations at future venues such as the La Quinta Chamber of Commerce, community workshops held at City Hall and interested homeowner associations. As mentioned, this new Program is working and drawing a lot of interest; however, funding is limited and will be exhausted by the middle of this current fiscal year. The Colmac Air Quality Enhancement Fund will assist in expanding the Cooperative Landscape Water Development Program to include more interested City residents thus further achieving City goals. In September 2002, the City applied for COLMAC funding and was awarded $36,500 to provide evapotranspiration information to the construction community and local enforcement officials regarding how much water should be applied to a construction site as ambient weather conditions change throughout the course of a day and the year, and provide community outreach and resource information regarding PM10 control methods, legal requirements, enforcement methods and contact information. GOALS The goals of the Program are to aid in the reduction of PM10, water use and water run-off from the yards of Homeowners or on City/Agency property as a result of water efficient landscapes. Attachment 1 OBJECTIVES Objective #1 — Conversion of turf to water efficient drip irrigated landscape (Desert Landscape). CVWD and the City have put into place a cooperative agreement to provide landscape assistance to homeowners and will in the future include parkways within the City. Currently there are 107 La Quinta residents that have signed up for the Landscape Conversion Program and 41 residents have already completed the program. The Agency has converted two single family homes to desertscape and plans are being prepared for two more. There are three homeowner associations that have expressed interest in the turf conversion to desert landscape. The additional number of conversions will depend on the amount of funding received and the number of applicants. Objective #2 — Installation of curbside landscape buffers (Buffers). Three homeowners have completed landscape conversions and have installed buffers 24 inches between the sidewalk/ street and their remaining turf landscape or have removed all turf. The number of additional installations will depend on the amount of funding received and the number of applicants. Objective #3 — Installation of Weather Based Irrigation Controllers (Smart Controllers). To date, CVWD has installed 250 Smart Controllers for La Quinta residents and 16 controllers for the Redevelopment Agency -owned homes. The La Quints Village Police Sub -station installed a smart controller and has experienced substantial water savings. The number of additional installations will depend on the amount of funding received and the number of applicants. B. PROJECT PARTICIPANTS The City has partnered with the CVWD on a number of water conservation efforts, including the Cooperative Landscape Water Management Program, Weather Based Irrigation Controller "Smart Controller" program for homeowners and large turf customers, the CVWD Loan program for homeowner associations, multi family property irrigation audits and landscape architect homeowner designs. C. CO -FUNDING AND IN -KIND SERVICES No co -funding is proposed. In -kind services will be provided by several City staff members, who will implement and administer the project at no cost to the grant. D. PROJECT BENEFITS This Program will help to reduce the PM10 levels in the air by eliminating scalping thus removing the pollens emitted into the air resulting in negative health impacts, but also to conserve electricity by using high efficiency Smart Controllers. The result in reduced electricity usage by the Smart Controllers will reduce the overall kilowatt output thus resulting in reduced indirect greenhouse gas (GHG) emissions, specifically carbon dioxide emissions. When scalping is done in the traditional manner, scalping kicks up dust, pollen and grass that can pose health risks for people with allergies and breathing problems. In light of the pollen problems, the City and CVWD believe that the Program will assist in mitigating these effects. n ro l Attachment 1 According to Coachella Valley Association of Governments (CVAG), the transport of dust from man-made activities has been an ongoing challenge with all of the cities in the Coachella Valley for the last several years in meeting federal Environmental Protection Agency (EPA) mandates for airborne fugitive dust (PM10). "The health impacts and public nuisance of uncontrolled dust are, and should be, a recognized concern of everyone who works or lives in the desert environment," a CVAG statement reads. By replacing turf with Desert Landscaping, a homeowner eliminates the need for turf scalping, improves the air, saves money and results In Improved air quality in Coachella Valley. The Cooperative Landscape Water Management Program will also help the Coachella Valley maintain its vital PM10 pollution attainment status once it is applied for and granted based on compliance to new EPA air quality standards. City staff contacted AQMD and at this time, there is no measurement available to quantify the benefits of PM10 reduction with regard to returning landscaped areas to native vegetation. However, turf replacement will reduce the PM10 thus resulting in improved air quality In Coachella Valley. E. PROJECT PHASES AND TASKS Each objective identified in Section 4A of this proposal is ongoing throughout the fiscal year and represents the core components for this project. Objectives 1, 2 and 3 may be performed separately or concurrently depending on the needs of the homeowner, homeowner association or City/Agency. Quarterly reports will be submitted and show progress of the program, outreach and demonstration efforts, number of customers enrolled in the program, specific details about which objectives were met and the benefits received as a result. A final report will show the accumulation of the entire year based upon the quarterly reports. F. PROJECT SCHEDULE Objectives 1 and 2 are initiated when a CVWD customer, whether a homeowner, homeowner association or City project: (1) completes and submits an application; (2) purchases and installs a Smart Controller; (3) installs Buffers, or converts turf to Desert Landscape; (4) allows CVWD representatives onto the designated site to confirm the installation of the Smart Controller, Buffers and Desert Landscape; (5) once approved, the homeowner receives a rebate for qualified improvements. Rebates are available on a first - come first served basis to eligible participants while funding remains. Objective 3 is initiated when a CVWD customer, whether a homeowner, homeowner association or City project: (1) completes and submits an application; (2) application is reviewed and approved; (3) CVWD schedules and conducts a pre -evaluation visit; (4) CVWD schedules a second visit and installs the Smart Controller. Attachment 1 G. BUDGET —First Year (Fiscal Year 2009-2010) (Please note: First Year includes continuing funding that was submitted and approved on May 19, 2009 for an additional $50,000 to further the project's goals.) Description Cost Conversion of Turf to Desert Landscape Installation of Buffers Installation of Smart Controllers Total $50.OQQ This funding will assist in expanding the Cooperative Landscape Water Management Program and all funding will be needed in the second year for customer rebates. BUDGET — Second Year (Fiscal Year 2010-2011) Description Cost Conversion of Turf to Desert Landscape Installation of Buffers Installation of Smart Controllers Total 50.000 This funding will assist in expanding the Cooperative Landscape Water Management Program and all funding will be needed in the second year for customer rebates. AUTHORIZED SIGNATURES Project Manager: /Ar- '0 A/"� Bret M. Plumlee, Assistant City Manager — Management Services q Date Authorized Representative: Thomas P. Genovese, City Manager 083 c&ty/ 4 1wd7u!,rw COUNCIL/RDA MEETING DATE: October 06, 2009 ITEM TITLE: Approval of Fiscal Year 2008-2009 City of La Quinta Art in Public Places Annual Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: I1p lNCol:TIn: WrVF Approve the Fiscal Year 2008-2009 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code. FISCAL IMPLICATIONS: The City must expend or commit fees from the Art in Public Places program within two years of their receipt and must account for these fees in a separate fund. In addition, administration expenses are limited to less than $25,000 or less than 5% of total funds in the account as of July 1" of any year. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta Art in Public Places fund is governed by Chapter 2.65 of the Municipal Code as amended by Ordinance No. 339. The major financial requirements that must be measured annually for conformance are found in the following Sections as follows: 2.65.110 (F) Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their 084 collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law. 2.65.110 (B) (7) Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July 1" of any year nor twenty-five thousand dollars in any fiscal year. Staff has prepared the analysis of the Art in Public Places, which disclosed no reimbursements due to contributors and no excess administrative costs (Attachment 1). Staff provided report and Attachment 1 to the BIA on September 2, 2009 and their response and follow-up may be found in Attachment 2. FINDINGS AND ALTERNATIVES: The City of La Quinta meets the financial requirements of Municipal Code 2.65 - Art in Public Places for Fiscal Year 2008/09. The Alternatives available to the City Council include: Approve the Fiscal Year 2008/09 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; 2. Provide staff with alternative direction. Respectfully submitted, I � John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Art in Public Places Financial Analysis 2. 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O� m am .4. - mm viOmry N rvm rvNn-rvm-�°' mE o 5E 0°o U o g 8 0 o ry � �8n o 00 E r 67 O d N E LC mN ZZ p_ x ' E « °° o a c d d a w o m amt p c c c c c c c c c c c u n x n o n o¢WmaoWnanucada m=°p°°mo v rnN m zoo nnnonw`wwmw`ww ` LL5n m x qua =am vi=oo ww"ww"ww"ww w`w"ww`$u3 4d� O C? dm ` c m A m o m g A m m m c v d m d m_ d a° rc m w W o _ c w E U m d m d da w d ui 60W ��a' ¢ - Ui< F d u G<Nti¢rcUZmp¢OOOOOOOOOOOOOEffE�EFr 089 s John M. Falconer, Finance Director September 17, 2009 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92255 RE: Fiscal Year 2008-2009 Art in Public Places Report Mr, Falconer, Thank you for providing the Building Industry Association Desert Chapter the opportunity to review the 2008/09 City of La Quinta Art in Public Places Annual Report. After examination we are satisfied that the City of La Quinta has fulfilled its annual reporting obligations pursuant to the Mitigation Fee Act. Respectfully, Vice President of Legislative Analysis ATTACHMENT 2 it BIA Desert Chapter Building ludusln N"'. iaiinn of sow6ern I::dilbrnia 77-fi-0 SpringN4, I I ,ww smio L_ Palm Drsrrt. C:dfurnia 92211 '60 3002-1'.6 lax -OI -2.33'2 lChaplrr, rom G ALoil: RI:A u)D�.rn Chapirrrum 000 7 An : ffiliale of ihr Aaliam l ialirrn of I lnmr Builder. and the I:dif'mia liuildin;! Induarr ils.aei:aion a Q' 4'd OF TKF'� AGENDA CATEGORY: COUNCILIRDA MEETING DATE: October 06 2009 BUSINESS SESSION: ITEM TITLE: Approval of Fiscal Year 2008-2009 City CONSENT CALENDAR: /O of La Quinta Development Project Fee Report STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Fiscal Year 2008-2009 City of La Quinta Development Project Fee Report ("Report") prepared in accordance with Government Code Section 66000 and 65865. FISCAL IMPLICATIONS: The City must expend or commit developer fees from Infrastructure, Quimby, and Development Impact Funds within five years of their receipt and must account for these fees in a separate fund and report payments pursuant to development agreements entered into after January 1, 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Quimby, and Developer Impact fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: Qol For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund; (B) The amount of the fee; (C) The beginning and ending balance of the account or fund. The amount of fees collected and the interest earned; (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees; (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete; (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Quimby, Developer Impact fees and development agreement payments for Fiscal Year 2008-2009 (Attachment 1). Staff has prepared a schedule of development agreement payments received for Fiscal Year 2008-2009 in accordance with Government Code Section 65865 (Attachment 2). Staff did receive a request from the Building Industry Association (BIA) to review Attachments 1 & 2. Staff provided a report and Attachments 1 & 2 to the BIA on September 2, 2009 and has included the BIA response letter as Attachment 3. 2 Staff's Response to BIA Comments The BIA identified a $1 difference between last year's report ending balance in the Infrastructure Fund of $400,421 and this year's beginning balance of $400,420. Staff amended the amount by $1 to $400,420 so it was in agreement with the audited financial statements. FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Quimby Developer Impact fee and development agreement payments programs meet the annual filing requirements of Government Code Section 66000 and 65865 for Fiscal Year 2008-2009. The alternatives available to the City Council include: Approve the Fiscal Year 2008-2009 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000 and 65865; or 2. Do not approve the Fiscal Year 2008-2009 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000 and 65865; or 3. Provide staff with alternative direction. Respectfully submitted, Yn Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Development Project Fee Report 2. Development Agreement Report 3. BIA Response Letter with staff follow-up 093 3 H 1 1 H1,P71virlm 1 1 City of La Ouinta Infrastructure fee Government Code 66000 Calculation FY 08109 The infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the City s infrastructure as defined in Resolution 89- 39. The fee is based upon the allached formula and data sheet and varies from project to project. Account Description Beginning Fund Balance FY 08/09 Ending Fund Balance Revenues & Other Sources Developer fees Interest income 0 7,083 Total Sources 0 7,083 Expenditures & Other Uses Transfers out - Capital Improvement Project Fund Total Uses 0 Total Available 400,420 7,083 407,503 Five Year Test Using First In First Out Method June 30, 2009 Remaining Commitment Unspent Unspent Funds Represent Ending Fund Balance Revenues Collected from 2000 0 0 0 Revenues Collected from 2001 91,115 91,115 0 Revenues Collected from 2002 126,854 126,854 0 Revenues Collected from 2003 70,822 70,822 0 Revenues Collected from 2004 31.458 31,458 0 Revenues Collected from 2005 16,302 16.302 0 Revenues Collected from 2006 24,204 24,204 0 Revenues Collected from 2007 25,293 25,293 0 Revenues Collected from 2008 14,373 11,528 2,845 Revenues Collected from 2009 7,083 0 7.083 Total Ending Fund Balance 407,504 1 397,576 9.928 Resuft . Five Year Spent Test Met in accordance with Government Code 66001. GYo➢iII funded with I#.- I C 9 4 � City of L'a Quinta Quimby Fees Government Code 66000 Calculation FY O8109 The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balances FY 08/09 Fund Balances Revenues & Other Sources Developer fees $21,725 Interest income 182,716 Contributions from property owners 0 Miscellaneous 0 Transfers in 0 Total Sources 204,441 Expenditures & Other Uses 0 Transfers out Capital Projects 81,179 Total Uses 81,179 Total Available $10,339,919 $123,262 $10,463,181 Five Year Test Using First In First Out Method Remaining Unspent Funds Represent Ending Fund Balance June 30, 2009 Commitment Unspent Revenues Collected from 2005 $1.254,951 $1,254,951 $0 Revenues Collected from 2006 6,085,374 6.085,374 0 Revenues Collected from 2007 2.209,954 1,573,272 636,682 Revenues Collected from 2008 708,461 0 708,461 Revenues Collected from 2009 204,441 0 204,441 Total Ending Fund Balance $10,463,181 $8,913,597 $1,549,584 Result : Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities FY 08/09 Remaining Commitment % Complete % funded with fee Sports Complex Renovation 0 540,100 0% 100% Bear Creek Nature Trail Improvements 0 68,112 0% 100% Colonel Paige Sports Field Lighting 2,541 321,947 1% 100% Sand Beach Volley Ball 64,645 0 100% 100% Community Park Land Acquisition 13,993 7,983,438 1% 100% Total $81,179 $8,913,597 5 •,•. " 095 r !§§! \\\\\\}\\ � 096 e City of La Quinta Loan Activity ' Government Code 66000 Calculation FY 08/09 Fund Principal Beginning Increase Decrease Total Principal Ending Parks/Rec 1.513,573 68,798 (68,798) 1,444,775 Civic Center 9.269,034 115225 0 115,225 9,384,259 Library 1,949,006 13,774 (13,774) 1.935,232 Fire Protection 939.634 6,043 6,043 933,591 13,671,247 115,225 88,615 26,610 13,697,857 Fund Interest Beginning Increase Decrease Total Interest Endin Parks/Rec 0 26,201 26,201 0 0 Civic Center 123,966 163,478 54,536 108,942 232,908 Library - 0 34,226 28,832 5,394 5,394 Fire Protection 0 16,507 14,380 2,127 2,127 123,966 240,412 123,949 116,463 240,429 Loan Activitv-Principal and Interest Fund Beginnin2 Increase Decrease Total Ending Parks/Rec 1,513,573 26201 94,999 (68,798) 1,444,775 Civic Center - 9,393,000 278,703 54,536 224,167 9,617,167 Library 1,949,006 34,226 42,606 (8,380) 1,940,626 Fire Protection 939,634 16,507 20,423 (3,9161 935,718 13,795,213 355,637 212,564 143,073 13,938,286 City of La Ouinta Use of Funds Government Code 66000 Calculation FY 08/09 Capital Improvement Facilities Fund FY 08109 % Complete % funded with fee Phase 2 - Jefferson St Transportation 7,846 100.00% 24.02% Hwy 111 Improvements (Adams -Jefferson) Transportation 776,267 100.00% 30.17% Traffic Signal: Jefferson @ Avenue 53 Transportation 0 3,18 % 49.72 % Ave 52 Bridge Improv (Spanning the All American Canal) Transportation 1,552.695 83.92 % 91.49 % Jefferson St Median Island Landscaping ( Hwy 111 to No. City Limit) Transportation (143,126) 100.00% 29.44 % Traffic Signal - Ave 50 and Orchard Transportation 0 4.81 % 25.00% Adams Street Bridge Transportation 58,157 3.03% 19,68% Sound Attenuation Wall Transportation 303,621 30.74 % 96.25 % Traffic Signal - Fred Waring & Palm Royale Transportation 191,864 14.67 / 99-65 % Traffic Signal - Dune Palms & Retail Center Transportation 921 0.00 % %00% Sound Attenuation Wall - Laguna dela Paz Transportation 50,986 4.03 % 100.00% Median Reimbursement - TD Desert Development Ave 50 Transportation 67,986 100.00% 100.00% Street Reimbursement - KSL Monroe Ave Transportation 63,000 100.00% 100.00% Park & Recreation DIF Advance Interest expense - Note 1 Park & Recreation 26,201 NIA N/A Civic Center DIF Advance Interest expense - Note 2 Civic Center 163,478 N/A NIA Reimburse General Fund - Civic Cur Debt Service Civic Center 205,776 55,00% 30.00% Maintenance Facility Street Maintenance 8,165 4.20% 100,00% Library DIF Advance Interest expense - Note 3 Library 34,226 N/A N/A Fire DIF Advance Interest expense - Note 4 Fire 16,507 N/A NIA Total 3.384,570 Note 1 - During FY 01/02 and FY 02103, the City Council approved the advance of up to $5,456 455 in RDA Project Area 1 & 2 funding to the Park Development Impact Fee Fund. As of June 30, 2009 the actual amount of principal and interest advanced totalled $ 1,444,775. Interest paid on the advances in FY 07108 was $26,201. The outstanding loan amount was reduced by $ 68,798 during FY 08109. Note 2 - During FY 06107 approved the advance of up to $9,615,094 in General Fund funding to the Civic Center Developer Fee Fund. As of June 30, 2009 the actual amount of principal and interest advanced was $ 9,384,259 and $232,908 respectively. The Interest paid on the advances in FY 08109 was $54,536 and $108,943 in additional interest was accrued and outstanding at year end . The outstanding loan principal amount was increased by $115,225 during FY 08/09 and ended the year at $9,384,259 because developer fee collections did not cover the debt service requirements. Note 3 - During FY 04105 approved the advance of up to $2,657,231 in RDA Project Area 1 funding to the Library Developer Fee Fund. As of June 30, 2009 the actual amount of principal and interest advanced totalled $ 1,940,626. Interest paid on the advances in FY 08/09 was $28,832. The outstanding loan amount was reduced by $8,380 during FY 08/09, Note 4 - During FY 03/04 approved the advance of up to $1,500,000 in RDA Project Area 2 funding to the Fire Developer Fee Fund. As of June 30, 2009 the actual amount of principal and interest advanced totalled $ 935,718. Interest paid on the advances in FY 08/09 was $14,380- The outstanding loan amount was reduced by $3,916 during FY 08/09. » 098 a ATTACHMENT 2 City of La Quinta Developer Agreement Activity FY 08/09 For FY 06/07, the following development agreement payment was received for development agreements entered into after January 1, 2004 in accordance with Government Code Section 65865 Interest earned 18.118 Total 1yu,11tt 099 9 John M. Falconer, Finance Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92255 RE: Fiscal Year 2008-2009 Development Project Fee Report Mr. Falconer, Desert Chapter liuildiu_ Induatrc ,Aesorialiou of Soul hrru I:difurnia . 7-57(1 PI n'in�l'irlrl I .:mc 1)mw F, Palm De".11. (:alifonua Q" I 1 76():W12-f7(, IL, 7(iU.7T).::372 a yew. Desn(:hapbx�.'m F. Moil: 131.Aa. ),,erd:hala,, ..n September 17, 2009 - Thank you for providing the Building Industry Association Desert Chapter the opportunity to review the 2008/09 City of La Quints Development Project Fee Report. After examination we have a couple observations: Infrastructure Fee Beginning Fund Balance states 400,420, but last year's ending balance was listed as 400,421. Then the Ending Fund Balance is inconsistent with the Five Year Test ending balance. Other than these observations we are satisfied that the City of La Quinta has fulfilled its annual reporting obligations pursuant to the Mitigation Fee Act. Respectfully, Vice PresK of Legislative Analysis 10 ,kn Afrliale of IBer,National Asswia-64m of l lomr Builders and Iho I::Jili.ru is Baildin_ Indu�u'v A,?oeia(iou rF.C�, vwSW AM OF'['tlb COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with Hermann Design Group, Inc. to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Seasons Park Improvements, Project Number 2009- 05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount of $19,980, with Hermann Design Group, Inc. to prepare the plans, specifications and engineer's estimate (PS&E) for the Seasons Park Improvements, Project Number 2009-05 and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: QUIMBY Funds $200,000 Total Funding Available: $200,000 The following is the approved project budget: Design: $19,980 Inspection/Testing/Survey: $14,472 Construction: $148,423 City Administration $7,421 Contingency: $9,704 Total: $200,000 101 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated QUIMBY funds. As such, the project will be bid as a non -prevailing wage improvement. BACKGROUND AND OVERVIEW: Seasons Park is located north and east of Cloud View Way and Desert Fall Way and consists of turf, trees and a small playground area. The City intends to install separate areas for small and large dogs within the existing park. The City commissioned a concept design study to develop alternatives for the construction of the dog park areas. The plan includes a new, lighted entry ramp from Cloud View Drive, separate entries to the large dog and small dog park areas, shade structures and site furnishings (drinking fountains for humans and dogs, trash receptacles, etc.), low-level landscape lighting, and perimeter fencing. On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Seasons Park Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. On July 7, 2009, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the Seasons Park Improvements, Project No. 2009-05, and appointed a consultant selection committee. On August 18, 2009, the City received twelve (12) proposals for design of the Seasons Park Improvements. Following its review, the consultant selection committee unanimously recommends Hermann Design Group, Inc. be awarded a PSA to prepare the PS&E for the Seasons Park Improvements, Project No. 2009- 05. Contingent upon City Council approval of the PSA (Attachment 1) on October 6, 2009, the following is the project schedule: City Council Approves PSA Project Design (4 months) Advertise the Project for Construction Construction (3 months) Accept Improvements October 6, 2009 October 2009 - January 2010 February 2010 April 2010 - June 2010 July 2010 ,�� 102 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a PSA, in the amount of $19,980, with Hermann Design Group, Inc. to prepare the PS&E for the Seasons Park Improvements, Project No. 2009-05 and authorize the City Manager to execute the same; or 2. Do not approve a PSA, in the amount of $19,980, with Hermann Design Group, Inc. to prepare the PS&E for the Seasons Park Improvements, Project No. 2009-05; or 3. Provide staff with alternative direction. Respectfully submitted, 4Ti othy R. J na n, P.E. blic Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement (PSA) 103 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 Hermann Design Group, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Season's Dog Park Improvements, Project No. 2009-05, 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)• 104 Last revised 6-30-09 - t - 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Nineteen Thousand Nine Hundred Eighty Dollars ($19,980.00) (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 Last revised 6-30-09 - 2 - _ J05 upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period, established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Last revised 6-30-09 - 3- 106 3.4 Term. The term of this agreement shall commence on October 7, 2009 and terminate on March 31, 2010 (initial term). This agreement may be extended 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. E. Chris Hermann, RLA/ASLA, Principal 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, P E 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. Last revised 6-30-09 - 4_ '�•,, 1 0 7 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 AND INDEMNIFICATION. 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 (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability Last revised 6-30-09 - 5 ., 108 $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. 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. 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. 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. Last revised 6-30-09 - 6 - 109 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from Last revised 6-30-09 - 7 - i 1 1. 0 others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 - $ - ].l1 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Last revised 6-30-09 - 9 - •• 11 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that 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 Last revised 6-30-09 - I0 - �13 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. Last revised 6-30-09 - 1 0N114 o 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 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 Last revised 6-30-09 - t 2 - and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Last revised 6-30-09 - 1 3- 116 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Last revised 6-30-09 - 14 - •�• 11 1 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. Last revised 6-30-09 - 15 - 40'" 118 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: HERMANN DESIGN GROUP, INC. Attention: E. Chris Hermann Principal 78-365 Highway 111, PMB 332 La Quinta, CA 92253-9132 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 Last revised 6-30-09 - 16 - ». 119 behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Name: E. Chris �ermann, RLA/ASLA Title: Principal �i ,ii�a� Last revised 6-30-09 - 17 - 120 Exhibit A Scope of Services The Consultant's Scope of Work, dated September 23, 2009, is attached and made a part herewith. »� 121 Last revised 6-30-09 I8 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 Nineteen Thousand Nine Hundred Eighty Dollars ($19,980.00) except as specified in Section 1.6 - Additional Services of the Agreement. Last revised 6-30-09 19 ''••• - 122 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. Last revised 6-30-09 20 1"•• 123 Exhibit D Special Requirements None. Last revised 6-30-09 21 ..... 124 0 li 1.. It NIA iNN k AS SUC I A'I'I'S EXHIBIT "A" SCOPE OF SERVICES PRELIMINARY DESIGN SERVICES Survey/Site Review -The civil engineer will prepare a field survey of the boundary alignment and a recovery of boundary monuments will be made as required to establish the project area accurately. A topographic and boundary survey of the project area will be compiled for city review prior to design. The project team will review the existing site conditions. Utility Mapping - The civil engineer will map the existing underground utilities. Base Sheets - We will develop base sheets from the engineer's AutoCAD formatted plans at an appropriate scale. This plan will include all above ground and below ground utilities and potential obstructions including irrigation. Utility Coordination - We will coordinate utility locations, identify points of connection and obtain clearances. Preliminary Plans - We will review the existing conceptual plan for the site provided by the City in the request for proposal. Engineering studies will be made to determine the most appropriate drainage and grading solutions for the site. We will refine the existing plan and provide value engineering estimates as the plan is refined to meet the City budget. These plans will be prepared at an appropriate scale for review by the City and a final preliminary plan of the chosen concept will be presented for approval. Color Rendering - A color rendering of the final preliminary plan will be prepared for City use. Opinion of Probable Construction Cost - We will prepare an opinion of probable construction cost of the preliminary plan for use by the City. Coordination -Coordination with all sub -consultants, City and other required agencies are included. II. FINAL DESIGN SERVICES Upon approval preliminary design we will prepare the following working drawings: Title Sheet - Will include project location map and general construction notes. Site Construction Layout and Landscape Plan and Details - This plan will locate by dimension the hardscape elements and site construction elements for the project area including fencing, concrete walks, railings, benches, shade 78-365 Highway 111, PMB 332 La Quinta, California 92253-2071 (760) 777-9131 • (760) 777-9132 Fax 125 CITY OF LA QUINTA Seasons Park Dog Park Improvements structures, and drinking fountains. Plant material required to enhance ramp entry and restoration of the turf will be included on this plan. Grading and Lighting Coordination - We will coordinate with the Civil Engineer and Electrical Engineer during the preparation of the electrical and grading plan. Our role will be to review their work and provide design input. Electrical Site Plan - The electrical engineer will provide an electrical site plan for 5 walkway lights and 5 tree up lights and the following: • Location of serving utilities points of connection and underground conduit layout • Site lighting layout, circuiting and control wiring diagram • Point -by -point of site lighting footcandle levels as necessary to comply with plan check requirements • Title 24 Outdoor Compliance forms meeting the October 2005 requirements • Distribution and branch panel locations • Single line diagram • Load Schedules Final Grading Paving Drainage and Water Plans - The civil engineer will provide point of connection information as needed for the water line requirements. Final grading, paving, drainage, and water plans will be prepared in one composite set. Irrigation Plan and Details - This plan will illustrate the location of all irrigation components required to adjust the existing irrigation system to provide 100% coverage after the new site improvements are made. Details will be provided as required. Opinion of Probable Construction Cost - We will prepare an opinion of probable construction cost upon completion of construction documents and prior to bidding. Construction Specifications - Written specifications will define all construction methods and materials to comply will Federal, State and local laws, ordinances and codes. City boilerplate will be edited; City to provide bidding documents. III. AGENCY APPROVAL We will submit to the City all plans, specifications, estimates, and/or other necessary documents required to obtain approval. The following plan check submittals are included: 1st Review - Concept Review 2nd Review - 85%-90% Check Plans & Specs 3rd Review - 100% Check Plans, Specs, & Opinion of Probable Construction Cost 4'h Review- Preliminary Final (screen check) We will make revisions as required by the City and resubmit plans for approval. September 23, 2009 HERMANN DESIGN GROUP, INC. dba HERMANN & ASSOCIATES CITY OF LA QUINTA Seasons Park Dog Park Improvements Final plans will be submitted to the City Council for approval. Deliverables All approved plans will be provided to the City on Compact disk in AutoCADD 2008 format, as well as on "D" size myiar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Opinion of Probable Construction Cost will be provided in Excel for Windows format. IV. BIDDING PHASE Pre -Bid Meeting - We will provide two (2) hours of principal time to attend the pre -bid meeting. V. CONSTRUCTION SERVICES Request for Information - We will provide four (4) hours or principal time to respond and document all requests for information and provide clarification of questions relating to plans during construction. VI. GENERAL SERVICES Staff Meetings We will attend three (3) Project Development Team meetings. Public Meetings - We will attend two (2) public meetings. September 23, 2009 HERMANN DESIGN GROUP, INC. dba HERMANN & ASSOCIATES •• 127 t o I i of I I I I, o M � � � � � � � � � I I N •.• 1 O '° N H fA EA lD �t EH �D vl � r o �� —� O II ❑ o I ' ' I U c�i F Vi W Q I I I I I fX III � a� I I N V .-. ,-• N V J i — ICI I I I a I, I co i M Off. � N I � ❑ C c v O p ❑ GO M ro U A 'O^' W CL, Y R G C V In L1r 0.r ❑ A y 'O 0. C cz ` ..' o U � m� A C7 ° Ll o Pa o ❑ co' ❑� � U I U m O Q G L itl C W F� y� o z d wi' L ❑ 'm o � :'. 'm o o z' � G °: C� ° 09 C= w e c y a o 9 V I_N MIV N b rW NMV Vl1.c+I1�00 O�IO_�.. —I--! 1LS q o� o00 con l l r4x II oI`� I III N ICI 'a 6^M9 N V T� i �� I I N CI U N Q III � C = N Ia z N ! w 0 O m F c a W I m o a C7 d❑ W } 9 t Wli, Oq 0.S W � W .7 9 ❑ m �c v '� .. o 129 N M T O u 69 tH Vi Y3 69 V) ii 11 p ¢ Ef3 ICI I III w Q� III N U I I i I I l i w N 0.1 e I c o w �B n c o x w z sl 'o 3 C7 Nb w I w G % C S 00�jj U � Q ❑ 1p vi m N F I w aa'm 4oaU 11m cG w F� 130 d�. J a r iE I �a I a I a •• 131 /r• , Q � '�✓�V�Y/�y/ //vim/ I/'rD/ f �S c�M OF TN�O COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Appropriate Funding and Authorization to Distribute a Request for Proposal (RFP) to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for the Village Area Sidewalk Infill Improvements, Proiect Number 2009-19 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate SB 821 funding, in the amount of $87,300, and authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Village Area Sidewalk Infill Improvements, Project Number 2009-19. FISCAL IMPLICATIONS: On April 21, 2009, the City Council approved an SB 821 program grant application in the amount of $87,300 for the design and construction of sidewalks within the Village Area. At that time, the City Council was advised that the total cost for the proposed village sidewalk infill project was estimated to be $174,600. The City's grant application committed a 50% match (or $ 87,300), which would be funded by the Redevelopment Agency through the Sidewalks - Various Locations CIP Account #401-1651-551.45-01 and Handicap Ramps at Various Locations #401- 1652-551.45-01 . The City received formal notification from the Riverside County Transportation Commission (RCTC) that the City's grant request was approved for funding in the amount of $87,300 on July 14, 2009. The provisions of the grant require that funding to be claimed prior to June 30, 2010. 132 The following is the recommended funding and funding sources: RDA Project Area Number 1 (Sidewalks Various $53,603 Locations, CIP Funding Object 401-1651) RDA Project Area Number 1 (Handicap Ramps - $33,697 Various Locations, CIP Funding Object 401-1652) SB 821 Sidewalk and Bicycle Account $87,300 Total Funding Available: $174,600 The following is the anticipated project budget: Design: $19,450 Inspection/Testing/Survey: $12,650 Construction: $129,600 Contingency: $12,900 Total: $174,600 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with RDA project area funding and partially funded with State funding. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements include the construction of several missing sidewalks and/or handicap ramps within the Village Area. The missing segments, totaling approximately 3,300 linear feet, are illustrated on Exhibit 1 attached to the proposed RFP presented as Attachment 1 to this staff report. On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Sidewalk — Various Locations and Handicap Ramps — Various Locations were included within the adopted CIP and scheduled for funding during Fiscal Year 2009/2010. The RFP to obtain professional engineering services to prepare the PS&E for the Village Area Sidewalk Infill Improvements has been prepared and is ready for distribution to qualified consultants. 133 The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for minor services will be followed as the estimated engineering cost will be below $50,000. The City Manager intends to appoint a consultant selection committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Nick Nickerson, Project Manager. If the City Council wishes to appoint a different committee, the committee would be subject to the Brown Act unless the committee consists solely of two council members. Contingent upon City Council authorization to distribute the RFP on October 6, 2009, the following is the project schedule: Issue RFP Proposal Due Date Recommendations to City Council Project Design (3 months) FINDINGS AND ALTERNATIVES: October 8, 2009 November 5, 2009 December 1, 2009 December 2009 — March 2010 The alternatives available to the City Council include: 1. Appropriate SB 821 Funding, in the amount of $87,300, and authorize staff to distribute a RFP to obtain professional engineering services to prepare the PS&E for the Village Area Sidewalk Infill Improvements, Project Number 2009-19; or 2. Do not appropriate SB 821 Funding, in the amount of $87,300, and do not authorize staff to distribute a RFP to obtain professional engineering services to prepare the PS&E for the Village Area Sidewalk Infill Improvements, Project Number 2009-19; or 3. Provide staff with alternative direction. 134 Respectfully submitted, �othy R. bnas n, P.E. Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) 9 �9 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES VILLAGE AREA SIDEWALK INFILL IMPROVEMENTS PROJECT NO. 2009-19 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for Project 2009-19, Village Area Sidewalk Infill Improvements. Project Description: This project will construct missing segments of sidewalk in the Village Area of the City of La Quinta. The missing segments, totaling approximately 3,300 feet are shown on Exhibit 1. New sidewalk will be constructed adjacent to existing curb and gutter and will connect to existing sidewalk at various locations. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, verify right-of-way and prepare base maps; Perform utility coordination and obtain clearances. The Consultant will be required to provide its utility coordination documentation to the City at the conclusion of design; • Prepare project plans, specifications and engineer's estimates of probable construction costs for the proposed improvements: o Project plans shall be prepared at 1"=20' scale. If required, profiles shall be at 1"=2' scale. o Project Specifications and Bid Documents will likely include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, geotechnical report, and any specification detail sheets specific to the project. • Consultant coordination will include an appropriate number of meetings with City staff and possibly IID. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre- 136 bid meeting and will respond to contractor request for clarification or information during the bid process. Consultant will assist the City during the bid and construction phases by responding to Requests for Information (RFI) and provide clarification on its plans as necessary. Project Development Process 1 . Pre -Design Meeting The pre -design meeting is an initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should anticipate the following plan check submittals: (1) 1st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for final approval. C. All approved plans will be provided to the City on compact disk in AutoCAD 2008 or higher format, as well as on "Y size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide technical support during the bidding and award process. 4. Construction Phase The consultant will be expected to provide technical support during the construction phase. This work objective will include the review and .. 1 137 response to Requests for Information (RFI) and/or contractor questions. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Thursday, November 5 2009 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Bryan McKinney, P.E., Principal Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. I 138 C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting November 23, 2009 as the start date. The City Council meets the 1" and 3rd Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) — submit 2 copies The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. 139 CITY OF LA QUINTA COST PROPOSAL SHEET PROFESSIONAL ENGINEERING AND DESIGN SERVICES VILLAGE AREA SIDEWALK INFILL IMPROVEMENTS PROJECT NO. 2009-19 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for Project No. 2009-19, Village Area Sidewalk Infill Improvements and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub - tasks defined in our proposal. Prime Consultant Date Signed 140 n E 1 A I 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 ("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 Project No. , 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. 142 Last revised 6-30-09 - I - 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 Dollars ($ ) (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 Last revised 6-30-09 - Z - 143 expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall commence on 200 and terminate on 2000nitial term)• This agreement may Last revised 6-30-09 - 3 - •• 144 be extended for additional year(s) 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. b. C. 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 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. Last revised 6-30-09 - 4 - ry 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 AND INDEMNIFICATION. 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 (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Last revised 6-30-09 - 5 - 146 �� ; Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. 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. 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. 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. Last revised 6-30-09 - 6 - •« . ^ 147 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set Last revised 6-30-09 - 7 - 'o...' 14 8 forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision• of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: Cast revised 6-30-09 - 8 - 149 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion Last revised 6-30-09 - 9 - 150 for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that 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 Last revised 6-30-09' 10 - 151 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. Last revised 6-30-09 - 11 - '• 152 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability. by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 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. Last revised 6-30-09 - 12 - "... •,l 153 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an Last revised 6-30-09 - 13 - 154 immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Last revised 6-30-09 - 14 - 0. 155 Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. Last revised 6-30-09 - 15 - '" • , 156 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: To Consultant CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 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. Last revised 6-30-09 - 16 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: Last revised 6-30-09 - 1 7 - �. 158 Exhibit A Scope of Services Last revised 6-30-09 18 ,,,-" 159 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 ($ ) except as specified in Section 1.6 - Additional Services of the Agreement. 160 Last revised 6-30-09 19 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. Last revised 6-30-09 20 �u... 16 1 Exhibit D Special Requirements w_. 162 Last revised 6-30-09 21 La Q•c t, C � �pti5 �OF T1 COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Davis Reed Construction Inc. to Construct the General Building Portion of Fire Station 32 Project No. 2008- 03 and Phase I of the Corporate Yard, Project 2007- 08 and Appropriation of Funding and Advance From the General Fund Reserve and the Fire Trust Fund to the Maintenance Facility Development Impact Fee (DIF) and Fire (DIF) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: JO STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with Davis Construction Reed Inc. in the amount of $992,541 to construct the General Building portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08, and loan up to $2,033,687 from the General Fund Reserve to the Maintenance Facility DIF Fund and loan up to $1,487,500 from the Fire Trust Fund to the Fire DIF Fund. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency $5,564,062 $216,286 $386,880 $142, 647 $213,010 TOTAL: $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and 163 the Fire Trust Fund to make advances to those funds in order to complete the construction now. Outstanding advances amounts would be charged interest on a quarterly basis using the City's monthly pooled earnings rates for that particular quarter. If authorized today by the City Council, up to $2,033,687 will be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 will be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. 164 For the General Building portion of the project the City received the following bids: Davis Reed Construction Inc. $992,541 Doug Wall Construction $1,045.000 Park West Construction $1,127,000 Inland Building Construction $1,143,000 Robert Clapper Construction $1,167,000 Great West Contractors 51,259,000 Southern Sun Construction $1,699,000 SBS Corporation $1,737,432 Davis Reed Construction Inc. is a local contractor. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Authorize the City Manager to execute a contract with Davis Reed Construction Inc. in the amount of $992,541 to construct the General Building portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08, and loan up to $2,033,687 from the General Fund Reserve to the Maintenance Facility DIF Fund and loan up to $1,487,500 from the Fire Trust Fund to the Fire DIF Fund; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, �l�v✓l 4� i Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 165 �^�w 44Q" COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Acceptance of Avenue 52 Bridge Improvements Project No. 2005-02, and Approval of Contract Change Order No. 2 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1A1 STUDY SESSION: PUBLIC HEARING: Accept Avenue 52 Bridge Improvements Project No. 2005-02, as 100% complete; authorize the City Clerk to file a Notice of Completion with the office of the County Recorder; authorize staff to release retention in the amount of $181,077, thirty-five (35) days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 (Attachment 1) and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 2,348,876 Amount Spent Through June 30, 2009 $ 1,812,438 Project Budget Amount Available $ 536,438 Remaining Fiscal Commitment to Contractor $ 417,765 Project Budget Amount Remaining After Construction Efforts $ 118,673 Original Construction Contract Amount Contract Change Order No. 1 Pending Contract Change Order No. 2 New Contract Total Amount Paid to Contractor to Date Total Remaining Fiscal Commitment to Contractor Total Retention to be Released (Less Maintenance Period) 1 Year Maintenance Period to be billed (No Retention) Contract Amount Remaining to be Billed By Contractor $ 1,519,350 $ 23,100 $ 272,519 $ 1,814,969 $ 1,397,204 $ 417,765 $ 181,077 $ 4,200 $ 232,488 166 Adequate funding is available to pay the contractor's remaining billing ($232,488) and retention ($181,077) for project closeout. 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 included the widening of the Avenue 52 Bridge over the Coachella Canal, and other ancillary improvements including 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 was 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 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 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 On May 6, 2008, City Council awarded a contract for $1,519,349.50 to Mocon Corporation to construct the Avenue 52 Bridge Improvements Project No 2005-02. On June 19, 2008 a Notice to Proceed was issued with a two hundred twenty-five (225) working day contract completion time starting June 23, 2008, and ending on May 19, 2009. Contract Change Order extended the completion date to May 26, 2009. The project was deemed substantially complete on April 30, 2009. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Quantity adjustments are normally made between the estimated bid quantities, and the actual quantities utilized. Actual quantities may vary due to incorrect bid quantities and/or additional areas being added to the project scope. The additional quantities for this project totaled $170,182. $108,279 of the $170,182 in additional quantity costs was for additional street widening and repairs not included in the original bid quantities. Approximately $55,000 can be attributed to City initiated work to widen Avenue 52 west of the bridge in order to provide two westbound lanes between the bridge and the Jefferson Street roundabout. The original design only allowed for one westbound lane in this area. 167 Staff determined that additional grinding and asphalt work was also necessary in the eastbound direction between Jefferson Street and the widened bridge in order to adjust the grades and balance the differences created by the intersection of three different private development street improvement projects. The remaining $61,903 in additional quantity costs were largely for increases in structural concrete and steel quantities for the bridge deck above that originally estimated by the bridge designer. The additional $102,336 in Change Order No. 2 was necessary for changes in field conditions which differed from those shown on the plans such as street and curb elevations that required rework in order to provide a safe transition to the widened bridge. A slurry seal was also added to the project to eliminate the appearance and conflicts arising from previously removed and reconfigured striping. Staff is attempting to recover the additional costs due to these omissions and errors by the project's design engineer, LAN Engineering. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Avenue 52 Bridge Improvements Project No 2005-02 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $181,077, thirty-five (35) days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 and authorize the City Manager to execute the same; or 2. Do not accept Avenue 52 Bridge Improvements Project No 2005-02 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $181,077, thirty-five (35) days after the Notice of Completion is recorded; and do not approve Contract Change Order No. 2; or 3. Provide staff with alternative direction. Respectfully submitted, 4imothy R. of ass P.E. Public Works Dire r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 2 �....0 Ci' 16 -; ATTACHMENT 1 CONTRACT: Avenue 52 Bridge Improvements CONTRACTOR: Mocon Corporation 49-950 Jefferson Street Suite C La Quinta, Ca. 92253 Sheet Lof 19 PROJECT NO. 2005-02 CONTRACT CHANGE. ORDER NO.2 Pursuant to the terms ofthe'original Contract Agreement you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for: A Contract Quantity Adjustment between the Bid Quantities and the Actual Quantities Installed. Total: $110:182.30 Additional Striping, Asphalt, Grinding, Utility Relocations, Additional Curb Removals; Etc. (See Attached) Total: $102.335.94 By reason of this contract change order the time of completion is adjusted as follows: -It- days added to. contract time:, - -'- The revised contract completion date shall be: 6/10109 Submitted By: Date:- Approved By: Date- . We, the undersigned Contractor, havegiven careful consideration to the change proposed and hereby agree, if this proposal is approved that we will provtde'all equipment, furnish all materials, perform all labop except as ma be notedabove, andperform all services necessary to complete the above :specified work. and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead espenses for any delays, Accepted By: Title: Contractor: Date:. Previous Contract Amount Through Change Order Noa $ 1,542 449:82 . ' Add Thts age Order No. 2 $ 272 518:24 Revised Contract Total $ 1 814,968.06 ' T3IIiGWEaa¢iGSERVICE3DMStON(Cn')Tn07ECfS¢_IANSiRUC1ION0005102 AVE32BAa)Cdi A1PAOVFlfl:IdnCONSTRUC770MPaOGRESSPAYAffin3 ATa1C 0.'SFWAL � n CITY OF LA OUINTA Avenue 52 Bridge Improvements proper No. 2005-02 Final Quantity Adjustment Comparison BaseBid Area No AcI'a10'am'il metalled fiiJ OuanGl Item N. Descrl eon Unll Do 01. 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Lo0 2I,1W.Jz I.W 1].100.32 21 IOOM W.10032 Toldl 1,698,9R03 1,542M9.52 f166,500D0 N.I�v T4hf 4lwa" COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /-5- STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 31, 2010 for Tract Map No. 31874-1, Carmela, Taylor Woodrow Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Carmela (Tract Map No. 31874-1) is located north of Avenue 53 and west of Monroe Street (Attachment 1). On January 20, 2005, Stonefield La Quinta I, LLC entered into a SIA for the Carmela development. On July 8, 2005, the City, Stonefield La Quinta I, LLC, the Assignor, and Taylor Woodrow Homes, Inc., the Assignee, entered into an Assignment and Assumption Agreement for Carmela. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval 173 of the SIA. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On September 5, 2006, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to June 7, 2007. On November 4, 2008, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to March 27, 2009. In a letter dated March 27, 2009 (Attachment 2), the developer requested a time extension to March 31, 2011 for the remaining off -site improvements, which include completing the street improvements on Avenue 53. The developer is also responsible for 25% of a future traffic signal at Monroe Street and Avenue 53. Carmela Lots, L.P. has purchased this project from Taylor Woodrow Homes, Inc. However, the current securities for Carmela are posted by Taylor Woodrow Homes, Inc., since an assignment and assumption agreement has not yet been executed which would require replacement of the securities by the new owner. In late 2008 the City received complaints of a sight distance issue created by an Imperial Irrigation District (IID) utility vault at the northwest corner of Avenue 53 and Monroe Street which staff investigated and confirmed. Staff believed this issue should be addressed prior to granting a time extension to the developer. The City, Taylor Woodrow, and the IID have resolved the issue by jointly agreeing to share in the cost of lowering the utility vault which IID is scheduling to be done this month. Taylor Woodrow and the City have paid for their portions of the project. In anticipation of the work being completed, staff has prepared the attached resolution which provides for the approval of the third time extension of the SIA to March 31, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to March 31, 2010 for Tract Map No. 31874-1, Carmela; or 174 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to March 31, 2010 for Tract Map No. 31874-1, Carmela; or 3. Provide staff with alternative direction. Respectfully submitted, othy R J nas P.E. Public Wor Dir or/City Engineer Approved for submission by: C //dam Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Carmela Lots, L.P., Inc. dated March 27, 2009 175 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 31, 2010 FOR TRACT MAP NO. 31874-1, CARMELA WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-1, Carmela, on January 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, 4ailure by the Subdivider to complete construction of the improvements by March 27, 2009, 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 the off -site improvements as required by the approved SIA is extended to March 31, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on March 31, 2010. 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. Resolution No. 2009- Tract Map No. 31874-1, Carmela Adopted: October 6, 2009 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 6" day of October 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California :� 177 ATTACHMENT 1 TM 31874-1 CARMELA I cr7 �i �Ji / 1 I` � �=��.✓L"' ._lam VICINITY NOT TO SCALE h M ' CITY COUNCIL MEETING: October 6, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31874-1, Carmela 178 CARMELA ATTACHMENT 2 March 27, 2009 RECEIVED APR 0 9 2099 Mr. Tim Jonasson PUBLIC Director of Public Works, City Engineer RECEIVED City of La Quinta 78-945 Calle Tampico APR 14 2003 La Quinta, CA 92247 DtVabomentsavices RE: Request for Time Extension for Subdivision Improvement Agreements (SIAs) Tract Maps 31874-1 and.31874-2, Carmela Mr. Jonasson: This purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31874-1 and 31874-2, the Carmela Development located at the northwest corner of Avenue 53 and Monroe Street. All of the underground improvements are complete and the initial paving is completed throughout the community. Within 60 days we intend to complete the street capping and accompanying raising of the manholes and valve cans for the streets that already have completed homes. This includes Via La Serena (west of Palazzo), Palazzo (north of Via La Serena), and Jalisco, which is the location of the model complex. The balance of the street capping would be deferred until after the completion of the build -out of the 41 remaining homes. Based on the current market conditions we anticipate another two years for the build -out of these 41 homes. Therefore, we are requesting that the SIAs for Tract 31874-1 and Tract 31874-2 be extended through March 31, 2011. Please call our project manager, John Pedalino at (760)777-9920 if you have questions or need additional information. Thank you in advance for considering our request. Sincerely, Mark Sanchez Carmela Lots, 121 Spear Street, Suite 250 San Francisco, CA 94105 415-546-9373 t15-546-0569 fax T wltfp 4 4XPa y OF TtT4 COUNCIL/RDAMEETING DATE: October 6, 2009 ITEM TITLE: Approval of a Professional Services Agreement with David Evans and Associates, Inc., for the Plans, Specifications, and Engineer's Estimates for Project No. 2007-19, La Quinta Sports Complex Rehabilitation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: & STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) (Attachment 1) with David Evans and Associates, Inc. IDEA) in an amount not to exceed $90,242 for Plans, Specifications, and Engineer's Estimates (PS&E) for Project No. 2007-19, La Quinta Sports Complex Rehabilitation and authorize the City Manager to sign the same. FISCAL IMPLICATIONS: Quimby Funds and RDA Project Area No. 1 Funds will be used for this project through the Capital Improvement Program, Project No. 2003-08, Sports Complex Improvements and 2007-19, La Quinta Sports Complex Rehabilitation as follows: Project No. 2003-08 Account No. 401-1735-000.00-00 = $77,221 Project No. 2007-19 Account No. 401-1771-000.00-00 = $541,290 Total funding available: $618,511 Projected Tasks: $82,782 Optional Tasks: $ 5,710 Reimbursables: $ 1,750 Total Contract Amount (not to exceed): $90,242 CHARTER CITY IMPLICATIONS: Project is partially funded with RDA Project Area No.1 Funds. Consequently, the project will be advertised as prevailing wage. 180 BACKGROUND AND OVERVIEW: The La Quinta Sports Complex was built in 1988 and is owned by Desert Sands Unified School District (DSUSD). This facility is currently being maintained by the City per the November 3, 1987 Joint -Use Lease, the August 7, 1990 Agreement, and the November 1, 1994 Amendment to the Maintenance Agreement between the City and DSUSD. The Sports Complex has very heavy use with 1,500 youth playing baseball and softball each year. This location is also used for youth football in the fall. On October 17, 2006, the City Council approved a Request for Proposals (RFP) for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan. The needs analysis was to inventory and evaluate the existing conditions. The rehabilitation plan was to identify needed improvements to the Sports Complex for the paved areas, drainage, additional restrooms, repairs around the concession area, replacement of damaged fencing, and improvements in the spectator areas. On February 6, 2007, the City Council approved a PSA for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan (Project No. 2006-17) with Community Works Design Group. Community Works Design Group conducted stakeholder meetings with the sports associations, DSUSD, and City staff to identify needs for the facility. A site inventory was conducted by Community Works, and a sports field assessment on the turf conditions was conducted by PRZ Sports Turf Consulting. Based on their findings, Community Works developed a Preliminary Master Plan for the entire project with the costs being shared between the City and DSUSD. Staff was planning to present the collaboration to City Council where the City would fund their portion of the improvements through Quimby Funds for the core area improvements. DSUSD would fund their portion of the improvements through Measure K Funds for the sports fields including re -grading sports fields, replacement of the irrigation system and the planting of new turf. On May 1, 2007, the City Council adopted Resolution 2007-042 approving the Fiscal Year 2007-2008 through 201 1-2012 Capital Improvement Program (CIP) and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a). The Agency made similar findings and approved the use of Agency funds for this project on May 1, 2007. The La Quinta Sports Complex Rehabilitation was included within the adopted CIP. This spring DSUSD decided to delay their portion of the renovations for the La Quinta Sports Complex. Staff was told this decision was due to financial concerns at the school district. Now that DSUSD is not participating in the Sports Complex renovations at this time, staff and Community Works updated the Preliminary Master Plan design and cost estimates for La Quinta's portion of the project also referred to as the "Core Area." This area includes paved areas, renovations around the concession stand, additional restrooms, bleachers, fences, shade areas, and the entrance. 181 ,..., . 1 On June 16, 2009, the City Council authorized staff to advertise an RFP with a PSA for Plans, Specifications, and Engineer's Estimates for Core Area Renovations at the La Quinta Sports Complex. Twelve proposals were received and a selection committee interviewed the top four firms. David Evans and Associates was the top scoring firm. Staff negotiated with them on their fee schedule, scope of work, and project schedule. These are attached to the Professional Services Agreement as Exhibits A, B, and C. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with David Evans and Associates, Inc. in an amount not to exceed $90,242 for Plans, Specifications, and Engineer's Estimates for Project No. 2007-19, La Quinta Sports Complex Rehabilitation and authorize the City Manager to sign the same; or 2. Do not approve a Professional Services Agreement with David Evans and Associates, Inc. in an amount not to exceed $90,242 for Plans, Specifications, and Engineer's Estimates for Project No. 2007-19, La Quinta Sports Complex Rehabilitation; or 3. Provide staff with alternative direction. Respect y submitted, Edie Hylto Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 182 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 David Evans and Associates, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the La Quinta Sports Complex Rehabilitation, Project No.2OO7-19, 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). 183 Last revised 6-30-09 - I - 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Ninety thousand two hundred forty-two Dollars ($90,242.O0) (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 Last revised 6-30-09 - 2 - 184 Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (1Oth) 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. Last revised 6-30-09 - 3- 185 3.4 Term. The term of this agreement shall commence on October12, 2009 and terminate on June 30, 2010 (initial term). This agreement may be extended 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: Kim S. Rhodes, L.A. 3867, Vice President Chris Giannini, L.A. 4287, Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Steve Howlett, Golf and Parks Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Last revised 6-30-09 - 4 - o•, .1, 186 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 AND INDEMNIFICATION. 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 (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000. (per claim and aggregate) Last revised 6-30-09 - 5- I.c.187 Workers' Compensation (Per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. 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. 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. 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. Last revised 6-30-09 - 6- •• 188 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein, this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set Last revised 6-30-09 - 7- 189 forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: Last revised 6-30-09 8 - 190 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion Last revised 6-30-09 - 9- 191 for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that 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 Last revised 6-30-09 - to - ". 192 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. 193 Last revised 6-30-09 - 11 - 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 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. Last revised 6-30-09 - 12 - 194 ,,6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant,, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an Last revised 6-30-09 - 13 - .r . 195 immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Last revised 6-30-09 - 14 - 1 n C U...... J Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. Last revised 6-30-09 - 15 - ,.... ; 197 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 Attn: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: David Evans and Associates, Inc. Attn: Kim S. Rhodes, L.A. 3867 Vice President 4200 Concours, Suite 200 Ontario, CA 91764 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. Last revised 6-30-09 - 16 - ill . , 198 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: As Name: Kim S. Rhodes, L.A. 3867 Title: Vice President Date: Last revised 6-30-09 - 17 - '"•• •.�� 199 Exhibit A Scope of Services (See Attached) 200 Last revised 6-30-09 18 EXHIBIT "A" SCOPE OF WORK October 6, 2009 Core Area Renovations at La Quinta Sports Complex Task 1— Start -Up Meeting The DEA project team will attend a start up meeting with the City of La Quinta, DSUSD, and staff from both La Quinta Middle School and Truman Elementary School to begin preparations for the Core Area Renovations at the La Quinta Sports Complex. This meeting will serve as an opportunity to discuss the proposed site improvements and design intent; in addition to specific materials, manufacturers/model types, available funding, and the proposed construction schedule. Deliverables: Attendance at the project start-up meeting by the project manager and civil engineer Task 2 — Data Collection In order to familiarize the project team with existing conditions, research and data collection will be undertaken during this task. DEA anticipates obtaining pertinent information including the preliminary master plan, aerial photos, survey centerline ties and supporting mapping, utility plans (for coordination of points of connection), hydrology reports, as-builts, water pressure information, plans for the existing building(s), city guidelines, and ordinances that will affect the overall design. Deliverables: Data collection as described above. Task 3 — Topographic Survey Research and Record Information Because of the limited scope of this project the horizontal and vertical datums will be assumed; hence, DEA will not perform any research in preparation of the topographic mapping survey for this project. Topographic Mapping After a review of the project information provided, DEA proposes the following methodology for the design survey required for the completion of this project. The DEA team will perform a topographic survey of an area whose limit is twenty-five (25) feet outside the existing restroom facilities, parking, open area and batting cage area as shown in the photo. The proposed topographic mapping will cover this area using the following procedures: • Horizontal datum will be assumed. Vertical datum will be assumed, unless a City or County Bench Mark can be found within the immediate area of the project. • DEA survey crews will establish horizontal and vertical survey control points. The control points will include a site benchmark based on the assumed vertical datum. DEA will conduct a topographic survey of an area which is is approximately 420' x 350', bounded by a line that runs 25' outside the existing described area. Topographic features to be located include: landscape improvements (sidewalks, planters, lights), utility improvements (manholes, vaults, meter boxes, power poles and guy wires), trees and other improvements (catch basins, walls, fences). 201 Exhibit "A" Scope of Work — La Quinta Sports Complex October 6, 2009 • Typical grid shots will be taken at approximately 25' intervals From the survey data, DEA will prepare a 20 scale topographic map showing the project area. The topographic map will depict the survey control and the topographic survey data. Other than the survey control, no monuments will be set as part of this proposal. Deliverables: Topographic base map file as noted above at a scale of I " = 20' with 1 ' C.I. and DTM All work to be provided in AutoCAD 2008 platform utilizing DEA CAD Standards. The following items are not included as part of this proposal, however, they can be provided upon your request for an additional fee. • Record of Survey • Comer Records • Boundary Analysis or Property Survey • Underground utility locations (potholing) or mapping Note: It is important to note that should improvements be based upon or referenced to any property line, it is suggested that a property boundary be completed to correctly locate said lines. Any property line shown as part of this proposal is based upon record and no analysis has been performed to determine its location. Schedule: The items above can be delivered within three (3) weeks of written notice to proceed, assuming that there are no access issues due to use of the area that would prohibit proper data collection. Deliverables: Topographic Survey as noted above. Task 4 — Geotechnical Report DEA's sub -consultant Converse Consultants will provide geotechnical engineering services for the project. Their scope of work includes the field exploration, percolation testing, laboratory testing, engineering analysis and report preparation as described herein. A. Document Review We will review pertinent geology and existing report (if available) for the site. B. Project Set-up As part of the project set-up, staff personnel from our office will conduct the following: • Conduct a field reconnaissance to verify site access and mark the boring locations • Notify Dig Alert at least 48 hours prior to drilling to clear the boring locations of any conflict with existing underground utilities ,... 2 0 2 Exhibit "A" Scope of Work — La Quinta Sports Complex October6, 2009 C. Field Investigation The field investigation will consist of a subsurface exploration program consisting of exploratory subsurface drilling and sampling. The purpose of the borings will be to: • Obtain subsurface information at the site • Obtain undisturbed and bulk samples of the various soil types for laboratory testing Two (2) borings will be drilled, each to a depth of 10 feet below ground surface (bgs) or to refusal, whichever is shallower. Soils will be continuously logged and classified by the geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System.. Undisturbed ring samples of the subsurface materials will be obtained at five-foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4 inches inside diameter and 3.0 inches outside diameter) lined with thin -walled sample rings. The sampler will be driven into the bottom of the borehole with successive drops of a 140-pound hammer falling 30 inches. The number of successive drops of the driving weight ("blows") required for one foot of penetration will be shown on the boring summary sheet in the "blow/6-inch" column. The soil will be retained in brass rings (2.4 inches in diameter and 1.0 inch in height). The central portion of the sample will be retained and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags. Groundwater levels, where encountered in the borings, will be recorded.. D. Laboratory Testing Soil samples obtained in the subsurface exploration will be transported to our geotechnical laboratory. Geotechnical testing may include the following: • In -place moisture and density tests • Collapse • Expansion • Corrosivity • Sieve analysis • Laboratory maximum density and optimum moisture tests • Direct shear tests Samples will be stored in our laboratory for at least 30 days after the report is completed. At that time, samples will be disposed of unless we receive notification to do otherwise.. E. Engineering Analysis and Report Preparation Data obtained from the exploratory borings and the laboratory testing program will be evaluated. Engineering and geologic analysis will be performed and a report will be prepared, which will include the following items: Discussion on the various report and data review Field and laboratory procedures used in the investigation A discussion of the materials encountered in the borings and their measured engineering properties ..9—:1 203 Exhibit "A" Scope of Work — La Quinta Sports Complex October 6, 2009 • Logs of the exploratory borings summarizing the subsurface conditions encountered and a plan indicating the locations of the explorations • Depth of groundwater, if encountered, and its impact on the proposed development • Discussion on the laboratory test results • Site geology • Seismic coefficient based on 2007 CBC • Grading recommendations • Bearing capacity for foundation design • Lateral earth pressures including friction of co -efficient • Pavement subgrade preparation • Pavement structural section Task 5 - Base Maps The DEA team will prepare base maps utilizing topographic data which reflects the current conditions. The site plan will be used with the topographic information to create the base maps and construction documents. Deliverables: Preparation of digital base maps/site plan at an appropriate scale necessary to depict the overall design intent. Task 6 - Staff Meetings/Project Coordination DEA will participate in four(4) meetings with the project team and one School Board Meeting. Each will be attended by the project manager. The project Engineer will attend when necessary. This task does not include attendance or presentations at city council (see also below), park commission, or community outreach meetings. Should these be desired or required, DEA would be pleased to attend on a time and materials basis in accordance with our hourly rate schedule. This task also includes coordination with project consultants, utility purveyors, DSUSD, and the elementary / middle schools during the course of the project. Deliverables: Attendance at four (4) staff meetings and 1 School Board meeting, and digital meeting minutes in MS Word format. Project coordination via phone, e-mail, fax, etc. as noted above. Task 7 - Preliminary Grading, Drainage and Utility Plan DEA will prepare a 1 "= 20' scale preliminary grading, drainage and utility plan for the core area of the La Quinta Sports Complex depicting existing and proposed contours, drainage patterns, typical cross sections as well as proposed sewer and water line locations. The preliminary grading, drainage and utility plan will serve to provide preliminary quantities as well as a basis for the final precise grading, paving and drainage plan. Deliverables: 3 bond copies on 24"x36" sheets. Task 8 - Concept Refinement/ Design Development Plan and Preliminary Cost Estimate DEA landscape architects will prepare a design development plan based on findings of the engineering study. The intent of this task is to further refine the Phase I Preliminary Master Plan prepared by others and incorporate required or desired changes based on input from the City, DSUSD, and the DEA design team. A preliminary cost estimate will also be provided such that the team can begin prioritizing design elements while considering construction scheduling. Deliverables: Preparation of design development plan (no color) and one preliminary cost estimate. 204 Exhibit "A" Scope of Work— La Quinta Sports Complex October 6, 2009 Task 9 — Demolition Plan DEA will provide a demolition plan indicating existing items that need to be removed and disposed of, removed and relocated, or protected in place. Deliverables: Three (3) unsigned bond copies per agency plan check submittal, three (3) signed copies offinal approved plans, one digital PDF copy on disc. Task 10 — Construction Plan The construction plan will indicate the proposed design, note material and manufacturer callouts, detail references, general construction notes and specific elements of the overall design which are necessary for the proper construction of the proposed items. Notes regarding pre -fabricated items will reference the manufacturer's recommendations. Deliverables: Three (3) unsigned bond copies per agency plan check submittal, three (3) signed copies of final approved plans, one digital PDF copy on disc. Task 11 - Site Civil Plans DEA will prepare a site civil plan set to include the plans listed below. The civil site plan will include a cover sheet with sheet index, vicinity map, general notes, construction notes and quantities, project contacts and notes to contractor. Precise Grading, Paving and Drainage Plan DEA will prepare a 1 "=20' scale precise grading, paving and drainage plan (2-sheets) for the core area of the La Quinta Sports Complex depicting on -site grading contours, slopes, finish floor elevations, finish surface and top of curb elevations, drainage patterns, typical cross sections and proposed civil related improvements including pavement, curb and gutter and hardscape flatwork for the project site. The plan will consider ADA requirements for walkway accessibility. Erosion Control Plan DEA will prepare a 1"=20' scale Erosion Control Plan (1-sheet) for the core area of the La Quinta Sports Complex depicting temporary Best Management Practices (BMPs) and other measures needed to prevent erosion of graded slopes, swales and pads. Horizontal Control Plan DEA will prepare a 1"=20' scale horizontal control plan (1-sheet) for the core area of the La Quinta Sports Complex depicting a basis of bearing, dimensions and control for the proposed building as well as other pertinent site features. Onsite Utility Improvement Plan DEA will prepare a 1"=20' scale onsite utility improvement plan (I -sheet) for the core area of the La Quinta Sports Complex depicting sewer pipe, sewer cleanouts, sewer invert elevations, water pipe and trench details. DEA will coordinate with the City and School District to determine the point of connection for the sanitary sewer and domestic water service to the proposed building as well as the size of the sanitary sewer and domestic water lines required to serve the number of fixture units. DEA anticipates 1 point of connection for each utility to the building. The system will be designed to within 5' of the building. The utility improvement plan will be prepared in plan view only. Deliverables: 3 bond copies per submittal on 24 "x36" sheets. 3 final signed copies w/ digital AutoCAD files and PDF copies on disc. 205 Exhibit "A" Scope of Work — La Quinta Sports Complex October 6, 2009 Task 12 — Prefabricated Restroom Plan DEA will obtain data regarding the existing prefabricated restroom such that an additional building can be specified immediately adjacent to the existing restroom. Structural calculations will be provided by the manufacturer at the time the building is purchased. If structural data is required for plan check approval prior to award of bid, then additional compensation will be required by DEA. This task includes coordination with the restroom manufacturer. Deliverables: Manufacturer supplied prefabricated restroom plans (/loor, roof, foundation, elevations) Task 13 — Construction Details The project team will prepare construction details necessary for the installation of the proposed core area elements (fencing, decorative paving, picnic shelters, dugouts, tree wells, site furnishings) — pre -fabricated items will reference the manufacturer provided details and will be appropriately noted on our plans. Pre -manufactured items such as picnic shelters and fabric shade structures typically include structural detailing provided by the manufacturer when the product is ordered by the contractor. (If the City would like to review the structural information during the design process rather than after the project has begun construction, a fee will be required to have those drawings prepared upfront by the manufacturer.) Deliverables: Construction details in compliance with city standard guidelines; Three (3) unsigned bond copies per agency plan check submittal, three (3) signed copies offinal approved plans, one digital PDF copy on disc. Task 14 — Structural Calculations/Details DEA will provide structural details for ballfield fence posts — all other items requiring structural calculations and details will be provided by others as noted above. Deliverables: Three (3) unsigned bond copies per agency plan check submittal, three (3) signed copies offinal approved plans, one digital PDF copy on disc. Task 15 — Planting Plan The planting plan will indicate location of proposed new trees, shrubs, ground cover and turf. Drought tolerant/desert appropriate plant material will be proposed. A planting legend will denote symbols, botanical and common names, size, quantities, and remarks. Planting notes and details will also be included. Deliverables: Three (3) unsigned bond copies per agency plan check submittal, three (3) signed copies offinal approved plans, one digital PDF copy on disc. Task 16 — Irrigation Plan The irrigation plan will identify the point of connection and meter location (existing), irrigation equipment location and type (backflow preventer, controller, gate valves, remote control valves, main line, lateral lines, sleeves, and irrigation heads), irrigation equipment legend, and construction notes. If possible we will utilize the existing meter and backflow device. DEA will request a meeting with the maintenance staff to verify field conditions and equipment. Deliverables: Three (3) unsigned bond copies per agency plan check submittal, three (3) signed copies offinal approved plans, one digital PDF copy on disc. �• .- 206 Exhibit "A" Scope of Work - La Quinta Sports Complex October 6, 2009 Task 17 - Electrical Plan JCA Engineering will provide the following: 1. Design of power distribution from existing service to new pre -fabricated restroom building. 2. Design relocation of existing electrical items that are affected in renovated areas.. 3. Design of power connection to new irrigation controller, as required. 4. Provide one visit to site to document existing conditions and one visit during construction, if requested. 5. Provide two electrical construction cost estimates. 6. Provide edits to electrical bid schedule, as required 7. Provide revisions as a part of Building Department or Department of State Architects review; submit construction documents for bid issue and construction. 8. Respond to requests for information and prepare addenda. 9. Review shop drawings relating to the electrical work for compliance with the construction documents. SERVICES NOT INCLUDED: 1. Design of remedial electrical work where existing conditions are in violation of California Electric Code. 2. Investigation and documentation of "as built" electrical if existing drawings are unavailable. Field investigation by consultant is limited to visual observation of panels and overeurrent devices without exposing live parts. Owner shall furnish licensed electrician if necessary to determine panel capacity. 3. Design of new main electrical service if existing service is not adequate for new loads. 4. Design, specification or structural calculations for new street lighting or street signal. City or Architect to provide for bid, if required. 5. Design of area, courtyard, parking lot or sports field lighting. 6. Design of fire alarm system or extension of existing fire alarm system. 7. Submittal or approval of electrical drawings with Division of State Architects (DSA) Deliverables: Three (3) unsigned bond copies per agency plan check submittal, three (3) signed copies offinal approved plans, one digital PDF copy on disc. Task 18 - Project Specifications and Final Cost Estimate/Bid Schedule Technical specifications will be prepared in `Green Book' (Public Works Construction) format. A complete bid list of quantities will be provided indicating item descriptions, unit costs and totals. The specifications document will include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods and special provisions, technical specifications, DSA requirements and reference to standard plans as applicable. The Bid schedule will be based upon a prepared opinion of probable cost that will include a detailed line item breakdown of project improvements. Deliverables: One draft copy of specifications, one final copy of the specifrcations,one digital version ofspecifications and bid schedule in MS Word, and hard copy/digital version of estimate in MS Excel. 'o., •.: 207 Exhibit "A" Scope of Work — La Quinta Sports Complex October 6, 2009 Task 19 — Agency Approval/City Council Approval DEA will submit to the City, DSUSD and DSA (once approved by city and school district), plans, specifications and estimates to obtain project approval. DEA anticipates up to four review submittals: concept review, 85%, 100% and final screen check. Upon final approval of plans, DEA will submit to DSA for review. A project tracking number will be obtained prior to document submittal. This task includes modifications recommended by DSA. DEA will submit DSA approved PS&E to City Council for their approval Deliverables:. 4 plan check submittals and up to 2 submittals to DSA. Plans will be prepared in AutoCAD with final drawings being provided on mylar. BIDDING (optional time and materials Task 20 — Pre -Bid Meeting DEA's project manager will attend the pre -bid meeting to present information regarding the construction documents. Deliverables: Attendance at a pre -bid meeting as noted above. CONSTRUCTION OBSERVATION (optional time and materials) Task 21— Pre -construction Meeting The DEA project manager will attend the pre -construction meeting to discuss the project and address questions from the contractor. Deliverables: Attendance at the pre -construction meeting by the project manager. Task 22 — Submittal / RFI Review The DEA project manager will review products and materials submitted to the City for approval and return within 7 working days. Change order requests will also be reviewed and a written recommendation of their approval or rejection will be provided — we have provided a 24 hour effort for this task. Additional compensation will be required if more than 24 hours are to be expended for this task for any reason. Deliverables: Review and respond to product submittals and requests for information as noted. 208 Exhibit B Schedule of Compensation (See Attached) 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 Ninety thousand two hundred forty-two ($90,242) except as specified in Section 1.6 - Additional Services of the Agreement. Fee Schedule Summary Base Fee: $82,782 Optional Fees*: $ 5,710 Reimbursable Fees**: $ 1,750 Total (not to exceed) $90,242 * Optional Fees will not be paid without written approval for optional work. ** Reimbursables will be billed at cost plus 10%. Reimbursables will not be paid without proof of costs. Last revised 6-30-09 19 �.. ME EXHIBIT "B" FEE SCHEDULE October 6, 2009 r t,tnamuyetaem .,..u.m:vw N .awiau..»t*+ahr« ia4: .. TOWWM.pbmul W,M S fill t TOW reimbuml,lo v M opli b taeka: $ 1,7W Grand Tom ab items S W" 1,.., 210 Exhibit C Schedule of Performance (See Attached) 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. Last revised 6-30-09 20 'n.. •/ 211 EXHIBIT "C" PROJECT SCHEDULE October 6, 2009 i . .. �.. Co"re'Area F2enovatio6s',at '-"'•,.. F y s + iask80escriMictr. ' ' , .:.. City of La Quanta _ m� _.. , • ..... the` La Ctuinta Sports Complex `Project Schedule- _.:.. Months 2 a .,..'h .., "r6— ._7 Imo•. _��_ _��® RUN ®�®®�MM n,�✓ 212 Exhibit D Special Requirements None. �... _ 213 Last revised 6-30-09 21 4 O Twit 4 �w `y OF'Pt%F' COUNCIL/RDA'MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to James A. Shirley Construction Inc. to Construct the Site Utilities Portion of Fire Station 32 Project No. 2008- 03 and Phase I of the Corporate Yard, Project 2007- 08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with James A. Shirley Construction Inc. in the amount of $344,000 to construct the Site Utilities portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency $5,564,062 $216,286 $386,880 $142, 647 $213,010 TOTAL: $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and 214 the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Site Utilities portion of the project the City received the following bids: �•• 215 James A. Shirley Construction Inc. Sandoval and Johnson Fisher Inc. Kincaid JPI Development Doug Wall Construction Desert Concepts Empyrean FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: $344,000 $349,332 $418,000 $438,000 $ 464, 000 $490,000 $495,550 Authorize the City Manager to execute a contract with James A. Shirley Construction Inc. in the amount of $344,000 to construct the Site Utilities portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 216 �0),a, OF TNF COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Davis Reed Construction Inc. to Construct the Site Work Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with Davis Reed Construction Inc. in the amount of $1,901,953 to construct the Site Work portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency $5,564,062 $216,286 $386,880 $142, 647 $213,010 TOTAL: $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and 217 the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Site Work portion of the project the City received the following bids: 218 Doug Wall Construction $1,730,000 Davis Reed Construction Inc. $1,901,953 Robert Clapper Construction $1,982,000 Desert Concepts $2,265,000 Southern Sun Construction $2,599,000 Granite Construction $2,650,250 Lippert Constructioin $2,793,793 Blue Rose Concrete $2,798,800 Due to the difference in the bid prices, staff met with the two lowest bidders to determine if all components of the scope of work were contained in their respective bids. Pursuant to these discussions, Doug Wall withdrew his bid for the site work portion of the project, thus making Davis Reed Construction the lowest responsive bidder. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Authorize the City Manager to execute a contract with Davis Reed Construction in the amount of $1,901,953 to construct the Site Work portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 219 5 OF COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval of an Award of Contract to TSJ Electric & Communications Inc. to Construct the Electrical Portion of Fire Station 32 Project No. 2008- 03 and Phase I of the Corporate Yard, Project 2007- 08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with TSJ Electric& Communications Inc. in the amount of $545,000 to construct the Electrical portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: . Based upon the bids received for the Projects, following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency TOTAL: $5,564,062 $216,286 $386,880 $142, 647 $213,010 $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it is necessary for the General Fund and the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and 220 $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Electrical portion of the project the City received the following bids: TSJ Electric $545,000 Brudvick Electric $566,490 Pacific Electric $582,400 Cockrell Electric $631,000 2 1 ,1/y •& f1 Cox Electric $639,000 Jackson Electric $676,500 LaSalle Electric $823,855 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Authorize the City Manager to execute a contract with TSJ Electric & Communications Inc. in the amount of $545,000 to construct the Electrical portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 222 l°' tiuntQ'� �AC QwS'V OF'ItSF' COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Arrowhead Mechanical Inc. to Construct the Heating and Air Conditioning Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �O STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with Arrowhead Mechanical Inc. in the amount of $145,000 to construct the Heating and Air Conditioning portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency TOTAL: $5,564,062 $216,286 $386,880 $142, 647 $213,010 $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and 223 the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Heating and Air Conditioning portion of the project the City received the 224 following bids: Arrowhead Mechanical Inc. $145,000 SSW Mechanical $242,000 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Authorize the City Manager to execute a contract with Arrowhead Mechanical Inc. in the amount of $145,000 to construct the Heating and Air Conditioning portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, a� l`-t�tir Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 225 a �• Y�.c- ow5w OF T COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to JPI Development Group Inc. to Construct the Plumbing Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with JPI Development Group Inc. in the amount of $139,000 to construct the Plumbing portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency TOTAL: $5,564,062 $216,286 $386,880 $142, 647 $213,010 $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1 .487.500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Plumbing portion of the project the City received the following bids: 227 JPI Development Kincaid Continental Plumbing Empyrean SSW Mechanical Fisher Inc. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: $139,000 $159,000 $204,892 $209,485 $215,000 $259,000 1 . Authorize the City Manager to execute a contract with JPI Development Group Inc. in the amount of $139,000 to construct the Plumbing portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: C `-)�I �A/ .41" � � Thomas P. Genovese, City Manager 228 a, OF Tt� COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Lozano Caseworks Inc. to Construct the Casework Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: �� Authorize the City Manager to execute a contract with Lozano Caseworks Inc. in the amount of $237,700 to construct the Casework portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency TOTAL: $5,564,062 $216,286 $386,880 $142,647 $213,010 $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and 2 q c the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Casework portion of the project the City received the following bids: '""11 230 Lozano Caseworks Inc. $237,700 Inland Building Construction $243,800 K&Z Cabinet $278,220 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Authorize the City Manager to execute a contract with Lozano Caseworks Inc. in the amount of $237,700 to construct the Casework portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, j -owl Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 231 za 4 w �FMOF r� COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Kincaid Industries Inc. to Construct the Fire Sprinkler Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with Kincaid Industries Inc. in the amount of $23,067 to construct the Fire Sprinkler portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency $5,564,062 $216,286 $386,880 $142,647 $213,010 TOTAL: $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and 232 the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Fire Sprinkler portion of the project the City received the following bids: 233 Kincaid Industries $23,067 JPI Development $24,000 Shasta $30,000 Fisher Inc. $44,000 JG Tate $64,111 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Authorize the City Manager to execute a contract with Kincaid Industries Inc. in the amount of $23,067 to construct the Fire Sprinkler portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 23R F U D `� OF TKti COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Desert Concepts Construction Inc. to Construct the Landscape Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with Desert Concepts Construction Inc. in the amount of $133,423 to construct the Landscape portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency $5,564,062 $216,286 $386,880 $142,647 $213,010 TOTAL: $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and 235 the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. . For the Landscape portion of the project the City received the following bids: • 236 Desert Concepts Construction Inc. $133,423 Marina Landscape $145,900 Sierra Landscape $152,900 Tesera Landscape $186,914 Doug Wall Construction $263,283 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Authorize the City Manager to execute a contract with Desert Concepts Construction Inc. in the amount of $133,423 to construct the Landscape portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager N...: 2 3 7 F. D roC- OwgW of Tt� COUNCILIRDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Davis Reed Construction Inc. to Construct the Drywall, Lath, Plaster and Painting Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �5 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with Davis Reed Construction Inc. in the amount of $197,947 to construct the Drywall, Lath, Plaster and Painting portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007- 08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency 111161i 1RI $5,564,062 $216,286 $386,880 $142, 647 $213,010 $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and N.. 238 the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Drywall, Lath, Plaster and Painting portion of the project the City received the 239 following bids: Davis Reed Construction Inc. Park West Construction Doug Wall Construction Lindseth Construction FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: $197,947 $317,846 $ 330, 000 $388,300 Authorize the City Manager to execute a contract with Davis Reed Construction Inc. in the amount of $197,947 to construct the Drywall, Lath, Plaster and Painting portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 240 �ai tAIN��Q �p %/ � T -t t1fP 4 4a Q �W 5 c w9�y�v y OF TtTti COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Del's Flooring Contractors Inc. to Construct the Flooring Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: p `p STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with Del's Flooring Contractors Inc. in the amount of $76,598 to construct the Flooring portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency 110111E M $5,564,062 $216,286 $386,880 $142, 647 $213,010 $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and 241 the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate _action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen 0 3) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Flooring portion of the project the City received the following bids: 242 Del's Flooring Contractors Inc. $ 76,598 Tops Stone Works $ 84,160 Doug Wall Construction $102,000 Donald M. Hoover $103,955 Pro Spectra $105,142 Builder's Showcase $117,467 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: Authorize the City Manager to execute a contract with Del's Flooring Contractors Inc. in the amount of $76,598 to construct the Flooring portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 243 a, 04 �a�w Y�G� wy F� OF T� COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Approval to Award a Contract to Mike Cox Electric to Construct the Solar Electric Portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: ry CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a contract with Mike Cox Electric in the amount of $348,499 to construct the Solar Electric portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08. FISCAL IMPLICATIONS: Based upon the bids received for the projects, the following represents the combined project budget for construction of the Fire Station and Phase I of the Corporate Yard: Construction Technical Construction Management Administration Contingency TOTAL: $5,564,062 $216,286 $386,880 $142, 647 $213,010 $6,522,885 The project is being funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and �_.' 244 the Fire Trust Fund to make advances to those funds in order to complete the construction now. In a separate action today, the City Council authorized up to $2,033,687 to be advanced from the General Fund Reserve to the Maintenance Facility DIF and up to $1,487,500 to be advanced from the Fire Trust Fund to the Fire DIF Fund. CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: The Plans, Specifications and Engineer's Estimate (PSE) for Phase I of the Corporate Yard and the new Fire Station 32 were approved by the City Council on July 9, 2009. The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City will enter into thirteen (13) separate prime contracts for the following disciplines: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lath and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project was projected to cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms had a good chance of getting a portion of the work. The specifications also included a local preference clause which gave local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. For the Solar Electric portion of the project the City received the following bids: 245 Cove Electric Inc. $101,074 Pacific Electric Lighting and Sound $1 18,000 Mike Cox Electric $348,499 Pacific Energy $372,326 The bids from Cove Electric and Pacific Lighting and Sound were well below the engineers estimate for the work. Staff contacted both companies and it was determined that neither of the firms adjusted the scope of work per an addendum that was issued during the bidding process. Both firms sent letters to the City documenting the mistake and subsequently their respective bids were deemed to be non -responsive, thus making Mike Cox Electric the lowest responsible bidder. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1 . Authorize the City Manager to execute a contract with Mike Cox Electric in the amount of $348,499 to construct the Solar Electric portion of Fire Station 32 Project No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08;or 2. Reject all bids and do not award a contract for construction of the Projects; or 3. Provide staff with alternative direction. Respectfully submitted, �tilit Tom Hartung Director of Building and Safety Approved for submission by: ho�enovese, City Manager er l,...' 246 • / I COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Consideration of Civic Center Campus Veterans Acknowledgement Area Applications RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The total cost of adding the names to the bronze plates will be approximately $1,700. This includes two additional bronze panels at $1,196 and etching at $504 (etching is $28 per person). There is sufficient funding in the Art in Public Places Fiscal Year 2009-2010 budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 18, 2001, the City Council approved the criteria for the Acknowledgment Area monuments for Veterans, Artists and Sports Figures to be located on the Civic Center Campus. The criteria for the Veteran's Acknowledgement Area are listed below: 1. 3-year resident of La Quinta (past or present); and 2. Proof of Military Service: Form DD-214 or Notice of Separation The following classifications are considered veterans: All branches of the military identified by the Department of Veteran's Affairs; reservists who have served a minimum of six (6) years; and Merchant Marines who have served on Active Duty. As of this report, eighteen applications for veterans have been submitted. 247 Once the City Council approves the names of those individuals to be recognized as part of the Veteran's Acknowledgment Area, the names will be sent to an engraver to have the names etched into the bronze plates as part of the artwork. The following applications have been submitted for consideration as part of the Veteran's Acknowledgment Area: Name Branch of Service Date of Service THOMAS BUSSJAEGER Marines — 1 ST LT 1942-1946 JOHN R. COWAN Marines - SSGT 1945-1951 THOMAS A. CUNNINGHAM Marines — MSGT 1951-1971 JACK W. HOFFMANN Marines - CPT 1942-1960 ERIK J. HOFFMANN Marines — CPL 1977-1985 DON E. STEVENSON Marines — LT COL 1954-1972 JOSEPH VITANZA Marines — CORP E4 1958-1962 CLINTON L. COGBILL Air Force — A 1C 1955-1958 KEN R. PAYNE Air Force — E4 1985-1989 ANTHONY V. SINICROPI Air Force — A 1C 1951-1953 JOHN R. MEEHAN Air Force — A 1C 1951-1955 JUAN A. ARRIOLA Navy — SF 3C 1944-1946 GEORGE E. GALLOGLY Navy — P02 1944-1946 RICHARD M. O'CONNOR Navy — BR 1951-1959 CHARLES A. ELLIS JR. Army — SP4 1965-1968 ARTHUR F. MIGASI Army - PFC 1945-1946 CRAIG A. MIGASI Army — SP5 1968-1971 VICTOR I. RUIZ Army — SGT E5 1962-1965 Applications and supporting materials are on file with the Community Services Department. Staff has confirmed the spelling of names, ranks, and dates with the individuals. Staff is planning a special event for November 11, 2009, Veteran's Day, at which time those listed as part of the Acknowledgment Area will be recognized, and a certificate will be issued to each of the individuals. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the names of Veterans to be included on the Veteran's Acknowledgment Area and authorize the expenditure of Art in Public Places funds in an amount not to exceed $1,700 to add the plates and names to the Acknowledgement Area; or 248 2. Approve one or more of the Veterans and authorize the expenditure of Art in Public Places funds in an amount not to exceed $1,700 to add the plates and names to the Acknowledgement Area; or 3. Do not approve one or more of the Veterans; and do not authorize the expenditure of Art in Public Places for funds in an amount not to exceed $1,700 to add the plates and names to the Acknowledgement Area; or 4. Provide staff with alternative direction. Respectfully submitted, C§" I Edie Hylton Community Services Director Approved for submission by: ` Thomas P. Genovese, City Manager 249 Tw�t 4 642�QUMrw COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Consideration of the Deferral of the Implementation of the Increased Development Impact Fees (DIF) for Residential Development RECOMMENDATION: As deemed appropriate by Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The three categories for residential development included in the Development Impact Fee program are Single Family Detached (SFD), Single Family Attached (SFA) and Multi-Family/Other (MFO). There has been no activity in the SFA or MFO categories since December 8, 2008. The SFD activity since December 8, 2008 is as follows: SFD applications received 12/8/08 through 9/17/09 1 1 1 Of those, number of permits issued through 9/17/09 = 67 The difference in DIF collections is as follows: DIF 2008 - DIF 2006 = DIF difference per unit $7,713 - $4,475 = $3,238 revenue reduction per unit DIF revenue difference = $3,238 x 67 = $216,946 Therefore, to date, the delay in implementation of the increased Development Impact Fees (DIF) for residential development has resulted in $216,946 of DIF funds lost to the DIF since December 8, 2008 (about 9 months). Currently the vast majority of building activity is at the Shea Trilogy project which has 36 building permit applications remaining. Currently there are also 28 other active building permit applications for which a building permit has not yet been issued. If these permits were issued by December 2010, the additional loss in DIF would be 250 $207,232. The estimated total loss to the DIF program for 2 years would therefore be approximately $424,000. In the past the City General Fund, and the Redevelopment Agency Capital Project Funds have made advances to DIF Funds - Park DIF Fund, Library DIF Fund, Fire DIF Fund and the Civic Center DIF Fund. These advances were made to accelerate the construction of the La Quinta Park, City Library, North Fire Station and City Hall expansion, If the deferral of fees is continued, it will result in less funds generated to repay the previously advanced funds. These topics are typically considered during the Capital Improvement Program (CIP) budget deliberations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 7, 2008, Council adopted the fourth update of the DIF Study dated September 16, 2008, delayed the implementation of the DIF fee for residential development for 12 months until October 2009, and directed staff to bring back an agenda item on the implementation of DIF fees for residential development in one year. The DIF report provided an overview of impact fees, set forth the legal requirements for establishing and imposing the fees as well as methods used in the study to calculate the fees. It also contained information on the existing and planned uses and development in La Quinta, and organized that data in a form that could be used in the Development Impact Fee (DIF) analysis. The types of public facilities covered by the DIF are: Transportation Improvements Parks and Recreation Facilities Civic Center Libraries Community Centers Maintenance Facilities Fire ....0. 251 This table shows the proposed fees for residential land uses: Land Use Development Parks/ Civic Fire Community Street Park Total Type Units Transportation Rec Center Protection Libraries Centers Maint. Maint. Fees Fac. Fee. Res ISFD) DU(2) $3,592 $1,773 $1,089 $612 $334 $104 $158 $51 $7,713 Res (SFA) DU $3,592 $1,773 $182 $102 $334 $104 $158 $51 $6,296 Res (MFO) DU $2,098 $1,773 $280 $157 $334 $104 $92 $51 $4,889 The following table compares the existing fees for residential land uses to the proposed fees for residential land uses: Land Use Type Proposed Fees Current F—e-e-s-T Increase Amount F Percent Change Res (SFD) $7,713 $4,475 1 $3,238 1 72.35% Res (SFA) $6,296 $3,374 $2,922 86.62% Res (MFO) $4,889 $2,745 $2,144 78.09% ) ne increase in the proposed over the current fees was due to the increase in costs to construct the future facilities contained in the 2008 DIF. On July 27, 2009 and September 18, 2009, staff provided a draft report of the updated DIF to Fred Bell, Executive Director of the Building Industry Association (BIA). Staff also offered to meet with Mr. Bell on this issue. Attachment 1 is a letter from Mr. Bell. If the Council takes no action to further defer the increase, the new DIF fees for residential land uses will go into effect on October 7, 2009. Alternatively, Council could again delay the implementation of the residential DIF fees (in October 2009) and direct staff to bring back an agenda item in one year to reconsider the DIF residential fee increase. FINDINGS AND ALTERNATIVES: 1. Direct staff to delay the implementation of the increase of DIF residential fees until December 2010; or 2. Direct staff to bring an agenda item back to Council on October 20, 2009 to implement the deferred DIF fees for residential developments this year; or 3. Provide staff with alternative direction. 252 Respectfully submitted, Ti othy R J nas o , P.E. blic Wor Dire or/City Engineer Approved for submission by: c Thomas P. Genovese, City Manager Attachment: 1. Letter from Fred Bell dated August 5, 2009 ._.: 253 City of La Quinta Tom Genovese, City Manager 78-495 Calle Tampico La Quinta, CA 92253 Dear Mr. Genovese, ATTACHMENT 1 _7 Desert Chapter August 5, 2009 Isnndh h,d .n•,-.�p.aciafinn of 6uulhern California We would like to the thank the City of La Quinta for providing the Building Industry Association Desert Chapter the opportunity to comment on last year's Development Impact Fee Study and the City's plan for implementation. Our appreciation goes further as the City staff recommended and Council approved a delay in the implementation of the new fee schedule (residential construction only)' for a period of twelve months. We are quickly approaching the 12 month period, and bearing in mind the economic conditions of the world we live in, it is time to review the industry's performance, and determine whether or not to implement the updated development impact fee schedule. Considering the number of single family residential units under construction BIA Desert Chapter asks that the City Council continue to delay implementation for another 12 months. Per the Construction Industry Research Board the City permitted 165 SFR units in the first six months of 2008. For the same period in 2009 this number is a mere 61. There is a new optimism in the air, but it is fragile and based on current costs and future prospects. BIA Desert Chapter would hope that the City of La Quinta continue its efforts to economic stimulus, securing development projects and maintaining employment by further delaying the implementation of development impact fees on residential construction. Sincerely, Fred Bell Executive Officer 7'-570 SpringGcld Lane Suite E Palm Dese't. Cahfornm 92211 760.360.2476 fax 760.772.3372 "W DesertChaptcr.com ? \iad. 131 1@Drsc t haptencum n... 25 4 An Affiliate of the National Association of Homo Builder, au1 the California Bt •I line Industry A,,�ociadon C&hw 4 4Q" COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Consideration to Approve a Professional Services Agreement (PSA) with Terra Nova Planning & Research, Inc., to prepare a General Plan Update. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with Terra Nova Planning & Research, Inc., in an amount not to exceed $774,725 for consulting and evaluation services related to the General Plan Update and environmental impact report, and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: Funding has been set aside from multiple previous budgets specifically for this update process. The 2009-2010 Budget includes sufficient professional services funding to address the proposed agreement, which is $774,725. The amount budgeted in Fiscal Year 2009-2010 for this effort is $851,235. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 5, 2009, Council approved the initiation of a Request for Proposals (RFP) to solicit consultant assistance in updating the City's General Plan. RFP's were mailed to an extensive number of professional consulting firms. Twelve proposals were received by the deadline and evaluated by a selection committee consisting of six city staff representatives from the City Manager's Office, Planning, Public Works, and Community Services. Four consultant teams were selected for interviews. Following ZJJ consideration of the criteria identified in the RFP, results from the interview process, review of the cost proposals and reference checks, staff is recommending City Council award a contract for service agreement to Terra Nova Planning & Research, Inc. for assisting staff with updating the City's General Plan. As directed by the RFP, staff is also recommending RBF Consulting as an alternate. Representatives from both consulting teams are scheduled to be present at the October 6 City Council meeting to answer questions. As a result of the extensive and comprehensive selection process, staff found Terra Nova Planning & Research, Inc. to have extensive knowledge of the community and the region, a solid understanding of what is necessary to complete the update, the ability to comply with the schedule as well as relevant experience with other communities in the region. A copy of the proposal submitted by Terra Nova Planning & Research, Inc. is attached (Attachment 1). Please note that there has been a change in one of the sub -consultants identified in the proposal as staff requested Iteris complete the traffic analysis. Additionally, staff is recommending the professional services agreement include the optional item identified in the proposal of preparing a public information DVD. The cost amount identified includes this optional item. Staff is interested in the second optional item identified in the proposal, which addresses consistency between the General Plan and the zoning ordinance and map. Staff is proposing that the second optional item be considered as the update process is further along and will bring this back to City Council at a later date. During the RFP process, staff concluded that the fiscal analysis effort identified in the RFP would be best performed by the Rosenow Spevacek Group, Inc. (RSG). The cost to complete this work is proposed at $50,000, which will include a market analysis, updating the fiscal model for La Quinta and performing a fiscal impact analysis of the land use alternatives that will be produced as part of the update process. This effort will increase the total cost for the general plan update to $824,725. The update process will commence by the end of this calendar year and is anticipated to take approximately 18 months to complete. Over the next few weeks, staff will work closely with the consultant teams to definitively address all key milestones and points in order to ensure that a comprehensive scope of work is established prior to Contract for Services Agreements being signed. The update process will be extensive and comprehensive, extending the growth projections from 2010 to 2035. The process will include multiple key milestones, such as confirming the vision of the community, defining planning areas (growth boundaries), establishing a 2035 target population and review of the general plan policies and programs. The update effort will especially focus upon two key items; transportation and sustainability. Staff will work closely with the consultant team on further defining the community participation program for the update process 256 emphasizing the importance of a wide -reaching, inclusive and informative effort. A minimum of three community workshops will be held. Staff is also considering conducting a "traveling road show", which would allow staff to interact with residents and business owners in smaller settings. Staff will provide City Council with regular updates as the general plan update process progresses. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement (PSA) with Terra Nova Planning & Research, Inc. in an amount not to exceed $774,725 for consulting and evaluation services related to the General Plan Update and environmental impact report, and authorize the City Manager to execute the same. 2. Do not award the Contract for Services Agreements; or 3. Provide staff with alternative direction. itted, , Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Terra Nova Planning & Research, Inc. — Proposal 251 ATTACHMENT General Plan U City of La Quinta General Plan Update and Environmental Impact Report City of La Quinta late and Environmental Im IV. REVISED Cost Proposal (September 28, 2009) The following budget is structured as requested in the Request for Proposals. It reflects our scope of work, and includes two optional items, which are totalled separately from our core budget. The revision requested by the City, for the inclusion of Iteris as traffic consultant, is reflected below. The budget includes the following amendments from our original scope of work: I. Conformance with the Public Works "General Plan Transportation Model Scope of Work" items submitted by Nazir Lalani. 2. Analysis of up to 30 intersections and 60 roadway segments. 3. Mini -analysis for 3 land use alternatives each in the Cove, Highway I I I and Vista Santa Rosa focus areas. 4. Inclusion of Interactive Design (Reuel Young), in preparation of Sustainability Element, particularly Urban Nodes, including developing a community outreach strategy, policy direction, participation in community meetings, and graphic support. Terra Nova Planning & Research, Inc. Proposed Project Budget City of La Quinta General Plan and EIR Terra Nova Staff Time Monthly Team Meetings (18), Internal Meetings, etc. (180 hrs @ $155./Hr.) (60 hrs @ $135./Hr.) (60 hrs @ $110./Hr.) Community Meetings (3) Materials Prep. & Presentations (24 hrs @ $155./Hr.) (30 hrs @ $135./Hr.) GPSC Meetings (12) Materials Prep. & Presentations (50 hrs @ $155JHr.) (36 hrs @ $110./Hr.) Amount $ 27,900.00 $ 8,100.00 $ 6,600.00 $ 3,720.00 $ 4,050.00 $ 7,750.00 $ 3,960.00 258 City of La Quinta General Plan Update and Environmental Impact Report CC/PC Study Sessions (2) Materials Prep. & Presentations (20 hrs @ $155./Hr.) $ 3,100.00 (16 hrs @ $135./Hr.) $ 2,160.00 General Plan Documentation and Drafting (120 hrs @ $155JHr.) $ 18,600.00 (225 hrs @ $135JHr.) $ 30,375.00 (225 hrs @ $1 10./HrJ $ 24,750.00 Initial Study, Notice of Preparation, NOA, NOD, CEQA Public Notices/Documentation (80 hrs @ $I10./Hr.) $ 8,800.00 Program EIR Documentation and Drafting (150 hrs @ $155./HrJ $ 23,250.00 (250 hrs @ $135JHr.) $ 33,750.00 (200 hrs @ $110./Hr.) $ 22,000.00 Final EIR Documentation and Drafting (80 hrs @ $135JHr.) $ 10,800.00 Findings and Statement of Overriding Considerations (40 hrs @ $155./HrJ $ 6,200.00 (40 hrs @ $135./Hr.) $ 5,400.00 Staff Reports, Presentations, etc. for CC & PC (40 hrs @ $110JHr.) $ 4,400.00 Public Hearings (2 CC & 2 PC) (32 hrs @ $155./HrJ $ 4,960.00 Project Management (100 hrs @ $155JHr.) $ 15,500.00 GP & EIR Editing and Formatting (100 hrs @ $55./Hr.) $ 5,500.00 Administrative Support (200 hrs @ $40JHr.) $ 8,000.00 Subtotal $ 289,625.00 Special Tasks/Studies *Includes Terra Nova staff hours and subcontract management, analysis and information breakout, and drafting. Land Use Planning/Analysis, including 6-8 focus areas and three EIR alternatives $ 28,000.00 Sustainability Analysis and Graphics for Urban Nodes $ 40,000.00 Traffic/Circulation Analysis/System Design $ 199,810.00 Safety Element Assessment, Analysis & Report (Geotechnical, Flooding) $ 24,590.00 Air Quality Analysis $ 12,400.00 Greenhouse Gas Plan, EIR Analysis $ 32,500.00 Noise Impact Analysis $ 17,200.00 259 City of La Quinta General Plan Update and Environmental Impact Report Biological Resource Management Plan $ 17,400.00 Cultural and Paleontological Resources Assessment $ 27,600.00 Subtotal $ 399,500.00 Reimbursables CAD Drafting, Land Use Mapping, Exhibit Preparation $ 30,600.00 Miscellaneous Printing $ 5,000.00 Misc. Office: Postage, telephone, FAX, photocopies, etc.' $ 15,000.00 Printing of Draft General Plan, Draft & Final EIR' $ 20,000.00 Subtotal $ 70,600.00 Total Project Budget (without Optional Items) $ 759,725.00 Optional: Preparation of Public Information DVD (Introduction to the General Plan) for Distribution, including up to 50 copies $ 15,000.00 Optional: Zoning Map ConsistencylZoning Ordinance Additions for General Plan Consistency (40 hrs @ $155JHr.) $ 6,200.00 (120 hrs @ $135JHr.) $ 16,200.00 Total Project Budget (with Optional Items) $ 797,125.00 Will be billed at cost. 2, Assumes 50 copies of Draft General Plan and 50 DEIR; 40 copies of the Response to Comments (Final EIR); 20 copies each of the Adopted General Plan, and 15 copies of the Certified EIR. Equivalent electronic copies on CD also to be supplied for Draft GP & EIR, Final GP & EIR, pursuant to the RFP. 260 t City of La Quints General Plan Update and Environmental Impact Report r TERRA NOVA PLANNING & RESEARCH, INC. 400 S. FARRELL DR., SUITE B-205 PALM SPRINGS, CA 92262 STANDARD FEE SCHEDULE 2009 Terra Nova Staff Hourly Rate Principal Planner S 155.00 Senior Planner $ 135.00 Associate Planner $ 1 10.00 Senior Biologist $ 135.00 Design Principal S 135.00 Media Specialist $ 85.00 Computer Aided Drafting $ 55.00 Draftsman $ 40.00 Administrative Assistant $ 40.00 Secretarial Services $ 25.00 REIMBURSABLES Photo Copies $ 0.10 ea. Blueprints/Xerox $ 0.30/sq. ft. Computer Plotter S 15.00/Hr. Telephone Toll Charges Cost FAX Transmittals Cost Reproduction, Special photographic services, document printing, aerial photogrammetry, postage, etc. Cost +15%. 261 CITY OF LA QUINTA oo PROPOSAL TO PREPARE THE s GENERAL PLAN UPDATE `r AND Gam' ENVIRONMENTAL IMPACT REPORT Prepared For: City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, CA 92253 Prepared By: -A Terra Nova Planning & Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 (760)320-9040 received 2 c City of La Quinta General Plan Update and Environmental Impact Report City of La Quinta General Plan Update and Environmental Impact Report Proposal Table of Contents I. Statement of Qualifications A. The Terra Nova Team 3 3 Terra Nova Planning & Research AMEC Earth and Environmental 6 CRM Tech 8 9 Earth Consultants International Urban Crossroads 10 Aerial Information Systems 13 B. References 14 II. Project Understanding and Approach A. Project Understanding 15 B. Approach 16 III. Scope of Work A. Introduction 23 B. Project Tasks 23 C. Project Schedule 30 IV. Cost Proposal (provided under separate cover) Page 2 of 30 263 City of La Quinta General Plan Update and Environmental Impact Report General Plan U I. Statement of Qualifications A. The Terra Nova Team City of La Quinta ate and Environmental Impact The Terra Nova team brings a highly integrated and coordinated approach to community planning. Our in-house staff have practiced in the Coachella Valley for more than two decades, and have an intimate familiarity with the issues and conditions faced by the City and the region. The members of the Terra Nova project team include long-time partners who provide special land use and community planning, as well as analytical services to a wide range of projects, as demonstrated in the representative projects itemized below. The members of our team are well known and respected members of their professions, and have a track record of providing thoughtful, innovative and cost-effective products and services. Terra Nova will contract for assistance with traffic, noise, cultural resources, earth sciences and biological resources. Our team of consultants has been an integral part of the Terra Nova planning team for many years. Land use mapping to the City's requirements will also be completed by our GIS partner. Air quality and greenhouse gas analyses will be prepared by Terra Nova. The discussion below provides a brief synopsis of each firm's experience, followed by the resumes of those members of each firm who will be involved in the General Plan, and their responsibilities. Terra Nova Planning & Research, Inc. — Prime Contractor, Principal Authors Terra Nova will act as prime contractor for the La Quinta General Plan and EIR. Our goal with all major projects of this type is to act as a seamless extension of City staff, so that the disruption to the City's operations is minimal. Because of our long standing relationship with the City, we believe that we can most effectively become a trusted partner in the development of the General Plan. Since 1984, Terra Nova has been providing planning and environmental services to a wide range of public agencies, including all cities of the Coachella Valley, the County of Riverside, City of San Bernardino, the Coachella Valley Association of Governments, and the Coachella Valley Water District. Our firm also provides on -going planning and other services to Eisenhower Medical Center, the McCallum Theatre Foundation, and College of the Desert. Terra Nova started in the Coachella Valley, and has focused its work in the Valley. Terra Nova experience particularly relevant to the City and planning area includes the General Plans and EIR currently adopted by the City of La Quinta. Terra Nova was asked to complete that document when issues with the City's original General Plan consultant could not be resolved, and successfully integrated itself into the process and format that had been established by the City to complete the documents. Given the opportunity to work with the City from the Page 3 of 30 264 City of La Quinta Plan initiation of this General Plan effort, we are confident that in partnership with City staff, we can help to conceive, develop and implement an advanced and forward looking General Plan that can effectively guide the development of the City for many years to come. Terra Nova has also completed General Plans and associated EIRs for the cities of Rancho Mirage (1987 and 1997), Palm Desert, Cathedral City, Desert Hot Springs, Apple Valley, Yucca Valley, Big Bear Lake and Blythe; the Coachella Valley Multiple Species Habitat Conservation Plan EIR/EIS, and Environmental Impact Reports for a broad range of projects, including the Villa Capri commercial project in the City. Terra Nova has been La Quinta's on -call contract planning firm since 1998, and has assisted City staff in the preparation of most Initial Studies completed since that time; as well as providing staff support and application processing on an as -needed basis. Terra Nova staff has extensive experience in all aspects of sustainability, including greenhouse gas (GHG) analysis and mitigation, energy conservation codes and programs, alternative energy technologies, including active and passive solar (PV and thermal), water conservation design and policy, green building design/materials/technology, and public policy regarding same. Staff has been featured speakers at Healthy Community symposiums and accredited water regulatory programs of the California Bar Association. NICOLE SAUVIAT CRISTE With Terra Nova since 1985, Ms. Criste has researched and prepares tienerai runs, oP-1— Plans, Environmental Impact Reports, and environmental assessments for state and federal agencies, and has practiced planning in seventeen states. Most recently, Ms. Criste has been responsible for the development of the Apple Valley, Banning, and La Quinta General Plans and EIRs; the North Apple Valley Industrial Specific Plan and EIR, and the Museum Market Plaza Specific Plan and EIR in the City of Palm Springs. She is also contract planner for the Agua Caliente Band of Cahuilla Indians and has prepared environmental documents and zoning ordinances for the Tribe. Ms. Criste is also responsible for the firm's work with Housing Elements, and has prepared these documents for the cities of Apple Valley, Blythe, Palm Desert, Rancho Mirage, Cathedral City, Yucca Valley and Palm Springs. Ms. Criste also works extensively in current planning, assisting the cities of La Quinta, Banning, San Bernardino, Rancho Mirage, Palm Springs, Coachella, Blythe and Yucca Valley in the processing of applications ranging from Specific Plans to Use Permits. Her experience in this area ranges from the staffing of planning departments to individual case work and preparation of Initial Studies, EIRs and Mitigation Monitoring Programs. Since 1981, Ms. Criste has conducted extensive environmental analysis, land use analysis, fiscal impact analysis, development design, market research analysis and marketing strategy 265 Page 4 of 30 City of La Quinta General Plan Update and Environmental Impact Report development. Her land use/market feasibility experience has included the analysis and application of demographic and market research to determine real estate and development trends, focused marketing campaigns, and to gauge project feasibility. Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies. JOHN D. CRISTE, AICP Principal Planner Mr. Criste has more than 30 years experience in land use, urban and regional planning, environmental assessment and impact analysis, land use feasibility and market analysis, and energy development management and regulation. He has worked in the Coachella Valley and the Southern California region since 1979, and has extensive experience in public policy planning regarding land use and environmental issues on local, state and federal levels. His experience covers all aspects of the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and public documents required by same. He is a frequent CEQA instructor for the Association of Environmental Professionals and the American Planning Association. Mr. Criste was Principal -in -Charge of the Palm Desert General Plan and EIR, the Panorama Specific Plan and EIR, and the College of the Desert Palm Desert Campus Master Plan EIR, and the Coachella Valley Multiple Species Habitat Conservation Plan EIR/EIS. He provides and coordinates on -going planning services to Eisenhower Medical Center and College of the Desert; was the project manager for the California State University -San Bernardino Palm Desert Campus Master Plan EIR; and the Palo Verde Community College Campus Master Plan EIR. He also serves as Supervisor Wilson's appointed representative on the County of Riverside General Plan Advisory Committee. Mr. Criste holds a Bachelor of Arts degree in Architectural History from Pennsylvania State University. He has been certified by the American Institute of Certified Planners (AICP, #6672). He has served as an adjunct instructor in architectural history at College of the Desert and is an occasional speaker on issues of healthy and sustainable communities, and the development and implementation of alternative technologies. He is also a member of the American Panning Association (APA), the Association of Environmental Professionals (AEP), and is an Associate Member of the Institute of Transportation Engineers and the Urban Land Institute. LAURA ALSTADT Senior Planner Since joining Terra Nova in 1999, Ms. Alstadt has been involved in a broad range of land use and environmental planning efforts, including preparation of General Plan elements and a variety of environmental documents. Her General Plan experience includes major research and authoring associated with the Apple Valley, Cathedral City and Palm Desert General Plans. She also had responsibilities for related portions of the General Plan EIRs for these and other projects. Ms. Alstadt also played a major role in the preparation of EIRs for the 5,275 acre Paradise Valley Specific Plan EIR in central Riverside County. Issues of particular importance in the Paradise Valley project have involved land exchanges with the Bureau of Land Management, the balance of commercial and residential land uses, and the development of over 1,500 hotel rooms. Page 5 of 30 266 City of La Quinta General Plan Update and Environmental Impact Report She was also the Project Planner for the 700,000 square foot Desert Gateway commercial project and the 703 acre Crest golf club resort project, both located in the City of Palm Desert. She was the project environmental planner for the CVWD Dike 4 groundwater recharge basin project, and has prepared major environmental analysis on domestic water tanks for CV WD. Ms. Alstadt has also contributed to the preparation of fiscal impact analyses for the Paradise Valley Specific Plan, the North Apple Valley Industrial Specific Plan, and the Crest golf course annexation. OLIVIA A. ERVIN Associate Planner Prior to joining Terra Nova, Ms. Ervin was a research specialist for the Department of Plant Science at UC Davis where she conducted population level community analysis research. Additionally, she served as an assistant researcher for a Plant Physiology Laboratory where she collected data and ran analysis in order to quantify gene expression in response to various levels of drought. Ms. Ervin has been a member of the Terra Nova team since early 2007. Since that time she has been involved in a number of projects including the Apple Valley General Plan and EIR, air quality and greenhouse gas analyses for a number of projects, and the Dune Palms Redevelopment Project EIR. She has also been responsible for the preparation of Water Supply Assessments and Verifications for the Museum Market Plaza Specific Plan in Palm Springs, the Panorama Specific Plan, and the 1,300 acre Hacienda at Fairview residential project in the Victor Valley. Ms. Ervin graduated in 2005 from the University of California, Davis with a Bachelor's of Science degree in Environmental and Resource Science from the Department of Land, Air and Water Resources. This multidisciplinary program emphasized biological, chemical, and physical features of environmental resources, as well as the economic and social considerations associated with their use, conservation, protection, and management. AMEC Earth & Environmental - Biological Resources Analysis AMEC Earth & Environmental is an international environmental and engineering firm with offices in Riverside and throughout California and the US. AMEC will be preparing the biological resource assessment for the General Plan and EIR. The AMEC biological resources group based in Riverside is comprised of biologists who have been providing services to Terra Nova since 1984. AMEC staff biologists have worked with Terra Nova on a wide range of projects in the Coachella Valley and supported Terra Nova's work on the Coachella Valley MSHCP EIR/EIS. Relevant projects include: • City of La Quints General Plan Biological Resource Assessment, 2001 • City of Palm Desert General Plan Biological Resource Assessment, 2004 • Town of Apple Valley General Plan Biological Resource Assessment, 2007 Page 6 of 30 267 City of La Quinta General Plan Update and Environmental Impact Report • Coachella Valley Water District — Coachella Canal Realignment Surveys and Monitoring • Coachella Valley Water District — Dike 4 Recharge Facility Surveys AMEC's team of biologists hold permits from the US Fish & Wildlife Service, the California Department of Fish and Game and the BLM for the surveying and management of numerous listed species, including desert tortoise, flat -tailed horn lizard, and a wide range of other reptiles, birds and mammals. The firm's experience with the Coachella Valley MSHCP will assure that the research and documentation of biological resources will satisfy the City's need for comprehensive analysis and compliance with all regional, state and federal regulations. THOMAS EGAN AMEC Project Manager Mr. Egan is a Senior Ecologist with a strong background in natural resource management who specializes in and lands project planning and coordination, .environmental analysis, and regulatory permitting. He also has particular experience specific to energy generation actions (i.e., wind turbine, solar power and hybrid solar -natural gas generation projects). Well versed with state and federal laws and regulations pertaining to natural resource management in the western United States, Mr. Egan has considerable experience in application of CEQA and NEPA. Mr. Egan was project manager for the Apple Valley General Plan biological resource assessment, and the North Apple Valley Industrial Specific Plan biological resource survey. As an and lands ecologist, Mr. Egan is quite knowledgeable about best management practices and planning for wildfire minimization and suppression, in addition to riparian area, streamside, and wetland management. This includes natural resource monitoring and management, application of Clean Water Act compliance procedures, and provisions of streambed alteration permitting commonly applied in the Southwest. He is also knowledgeable about the California Fish and Game Code; the consultation and conference duties of the California and Federal Endangered Species Acts; and specific parameters of the Federal Land Policy and Management Act. Before joining AMEC, Mr. Egan served with the Bureau of Land Management and the US Forest Service as a wildlife biologist. Mr. Egan received his Bachelor of Science Degree in Wildlife Management, Humboldt State University, with emphases in Animal Behavior, Botany, and Range Management. MICHAEL WILCOX AMEC Biologist Mr. Wilcox has over I. years of biological consulting experience throughout California and the Southwest. During that time, Mr. Wilcox has conducted biological and environmental assessment work throughout California, as well as in the states of Arizona, Nevada and New Mexico. Mr. Wilcox was the lead biologist for the Coachella Canal Lining Project for CVWD, the Desert Dunes Specific Plan in Desert Hot Springs, and several wind energy projects in the Coachella Valley. Page 7 of 30 268 City of La Quinta General Plan Update and Professional experience includes serving as the lead biologist, supervising and managing biological compliance monitoring and sensitive species survey efforts for a variety of large-scale projects, as well as conducting focused surveys and monitoring of a variety of endangered, threatened, and/or otherwise sensitive species, conducting USACOE Section 404 wetlands/waters of the U.S. delineations and determinations, CDFG 1601-3 stream and riparian habitat assessments and jurisdictional determinations. His experience also includes environmental and biological assessments, habitat conservation plans, habitat suitability evaluations for sensitive species, mitigation and revegetation plans, and comprehensive field inventories of flora and fauna for use in EIR and EIS documents for federal, state, and local jurisdiction agency CEQA and NEPA environmental review. Mr. Wilcox received his Bachelor of Arts degree from the University of Redlands. CRM Tech -- Cultural Resources Analysis CRM Tech will provide cultural and paleontological resource assessments for the La Quinta General Plan Update and EIR. Established in 1993, CRM TECH was formed to provide a broad range of cultural resource management services throughout California. Services provided by CRM TECH include all phases of archaeological, historical, and paleontological investigations, including, historical and ethnohistorical research, Native American consultations, archaeological, paleontological, and historical surveys, and mitigation and recovery plans. A summary of relevant projects includes: • City of La Quinta Historic Building Survey 2006 • City of La Quinta General Plan Cultural and Paleontological Assessments, 2001 • Numerous Private Development Cultural and Paleontological Assessments in La Quinta • City of Palm Desert General Plan Cultural Resource Assessment, 2004 • Town of Apple Valley Cultural and Paleontological Resource Assessments, 2007 Since its creation, CRM TECH has completed more than 1,700 cultural resources studies throughout the State of California, the majority of them in southern California. CRM TECH's professional team brings over 60 years of combined CEQA/NEPA expertise in California archaeology, history, paleontology, ethnography, anthropology, and historical architecture. BAI " fOM" TANG MEW Principal Investigator and Project Manager eceived a B.A. degree in History from the Northwestern University in Xi'an, China, in a M.A. in American History from Yale University in 1987. In 1991, during his time in cal Resources Management graduate program, Tang began his career in that field by project historian for the Archaeological Research Unit at U.C. Riverside. Beginning in Tang served concurrently as project historian/architectural historian for both CRM Roberta S Greenwood &Associates of Pacific Palisades, California, until he became a full-time project historian/architectural historian for CRM TECH in 1997. Page 8 of 30 269 City of La Quinta General Plan Update and Environmental Impact Report Mr. Tang has been a Principal Investigator with the company since 2002. Mr. Tang exceeds the Secretary of Interior's Standards for historians and architectural historians. He is one of the foremost architectural historians in California and is able to record, evaluate, and, when necessary, create plans to mitigate project effects to historic -period buildings. As Principal Investigator at CRM TECH, Mr. Tang has helped complete the cultural component for several General Plans, General Plan updates, and Specific Plans. TERRI JACQUEMAIN CRM Tech Historian Ms. Jacquemain earned a B.S. degree in Anthropology from the University of California, Riverside, in 2002, and a M.A. in Public and Historic Resource Management from the same institution in 2004. A former award -winning joumalist, Ms. Jacquemain worked as a feature and beat writer for The Press -Enterprise from 1991 to 1997, and for the Inland Valley Daily Bulletin from 1997 to 1999. During the summer of 2002, Ms. Jacquemain gained valuable experience in tribal administration and public affairs while interning at the Cabazon Band of Mission Indians, where she served five months as interim Public Information Officer for the Tribe. Ms. Jacquemain joined CRM TECH as a part-time project historian in 2003, and became a full- time historian in 2006. She exceeds the Secretary of Interior's Standard for history. Ms. Jacquemain has been involved in the historical background and archival research for projects throughout southern California, including several General Plans, General Plan updates, and Specific Plans. Earth Consultants International — Earth Sciences/Safety Element Earth Consultants International is a highly qualified and experienced team of professionals who are recognized leaders in southern California and internationally in the identification and mitigation of geologic and seismic hazards. They have extensive experience in geological feasibility and natural hazard assessment studies. They will prepare the Geologic, Seismic and Flooding Assessments for the General Plan EIR. Their experience includes state of the art analysis of fault zones and hazards in the US and abroad. Relevant projects include: • City of La Quinta General Plan Safety Element, 2001 • City of Palm Desert General Plan Safety Element, 2004 • Town of Apple Valley General Plan Safety Element, 2007 • Riverside County General Plan Safety Element, 2005 TONIA GONZALEZ, PG, CEG Earth Consultants Project Manager Ms. Gonzalez has over 20 years experience in site evaluation and geological feasibility studies. Ms. Gonzalez has managed or prepared the seismic, geologic, flooding, fire and hazardous materials sections of dozens of Technical Background Reports for Safety Elements for several southern California cities, including Pasadena, Newport Beach, Glendale, Fontana and Rancho Cucamonga. She has also prepared the geologic, seismic and environmental (hazardous waste) sections of Environmental Impact Reports for numerous development projects in southern Page 9 of 30 270 City of La Quinta General Plan Update and Environmental Impact Report California. Ms. Gonzalez will be the Project Manager and main point of contact. She will be responsible for preparing the Seismic section of the report, and assisting with the Policy Report. Ms. Gonzalez received her Master's degree in Geology from Texas A & M University. KAY ST. PETERS, PG, CEG Earth Consultants Geologist Ms. St. Peters has over 24 years of geotechnical experience on numerous residential and commercial development projects in Orange, Los Angeles, San Bernardino, and Riverside counties. Her projects have included site -specific fault studies for school and residential developments, large hillside developments from feasibility through mass grading phases, major road alignments, landslide investigations and treatment, and distressed structure investigations. Ms. St. Peters has also been part of several teams to update Safety Elements and prepare environmental impact reports and land use studies. Ms. St. Peters will research and write the geologic and flooding hazards sections of the Technical Background Report. Ms. Peters received her Bachelor of Science degree in Geological Sciences from California State University, Fullerton. Urban Crossroads — Traffic and Noise Analysis Urban Crossroads Inc. is a leading provider of traffic and noise analysis and consulting services. Urban Crossroads' experience includes preparation of numerous transportation and noise technical analyses in support of General Plan update efforts. Urban Crossroads staff have been providing transportation planning and noise analysis services to Terra Nova for more than 15 years. Among Urban Crossroads Inc.'s many General Plan update and related long range technical analyses are a number of studies performed specifically for Coachella Valley jurisdictions, including the cities of Rancho Mirage, Coachella, Indio, La Quinta, Palm Desert, and Indian Wells. Specifically, Urban Crossroads has completed traffic and noise analyses for: • City of La Quinta General Plan, 2001 • Dune Palms Redevelopment Project, City of La Quinta, 2009 • City of Palm Desert General Plan, 2004 • City of Indian Wells General Plan, 2007 • Town of Apple Valley General Plan, 2007 Urban Crossroads recently applied the TransCAD software for purposes of performing traffic modeling for the Town of Apple Valley General Plan update. Urban Crossroads is also familiar with the newly completed RivTAM traffic forecasting tool and is ideally suited for the proposed General Plan project. JOHN KAIN, AICP Urban Crossroads Principal in Charge and Sustainability Mr. Kain has worked professionally in transportation planning and traffic engineering since 1975. His broad range of experience includes plans for new communities, General Plan Page 10 of 30 271 City of La Quinta General Plan Update and Environmental Impact Report circulation elements, management of the development and application of traffic models and GIS databases, traffic impact analyses for numerous land uses, funding program technical support and coordination, transit -oriented community designs, NEV Plans, parking studies, and the first public Orange County roundabout designs. Mr. Kain leads the corporate activities related to sustainability and "complete streets" transportation systems and standards. He has developed plans for pedestrians, bicycles, neighborhood electric vehicles (NEVs) and transit services that target the reduction of per capita Greenhouse Gas (GHG) emissions for established cities as well as new communities. His Southern California projects include Sun City Palm Desert, Aliso Viejo, Rancho Santa Margarita, Foothill Ranch, Westpark Irvine, redevelopment of the San Juan Capistrano Metrolink station area, Victoria Grove, Temecula Old Town, South Poway, and the Oxnard Town Center. Mr. Kain also performed foundational work on early versions of the Orange County Great Park Plan. Mr. Kain has managed the development and application of traffic models and GIS databases for more than twenty areas in California. These include the Orange County Foothill Circulation Phasing Program, the Coachella Valley I-10 Freeway interchange local funding programs, the Scott Road and Clinton Keith Road Benefit Districts, Van Buren Boulevard corridor improvements in Riverside County, and Imperial Highway corridor improvements in Yorba Linda. Mr. Kain is a Fellow in the Institute of Transportation Engineers (ITE), and he serves on the Advisory Board for the UC Irvine Department of Planning, Policy and Design. CARLETON WATERS, PE Urban Crossroads Project Manager Mr. Waters has worked professionally in transportation engineering and related fields since 1981. He received his Master of Science degree in civil engineering from the University of California, Irvine, where he specialized in transportation and urban systems planning. Mr. Waters' career includes an ongoing emphasis on large scale transportation planning studies, including City General Plan transportation studies and major Specific Plans. Mr. Waters' recent General Plan transportation studies include work performed for the City of Rancho Mirage, the City of Indio, the City of Coachella, and the Town of Apple Valley. Mr. Waters was also responsible for developing/applying the Ramona Expressway Corridor Study model, the City of Moreno Valley Traffic Model, and the Beaumont Area Traffic Model/Analyzer in the County of Riverside. In San Bernardino County, his model development efforts include the Chino Traffic Model and the Regional Statistical Area 33 Model, which encompasses the Morongo Basin area. Mr. Waters also led the effort to develop the Imperial County Traffic Model for Imperial County. Mr. Waters has been involved in numerous traffic and air quality impact studies, including many different residential, commercial, and employment -oriented studies. Types of analyses completed by. Mr. Waters include off -site traffic and air quality impacts, site access and Page 11 of 30 L 12 City of La Quinta General Plan Update and Environmental Impact Report sustainability features, queuing requirements, parking needs, construction management, and traffic diversions. His experience in performing analyses for unusual land uses and situations include the transport of hazardous materials and the impacts of alternative modes of transport, such as light and heavy rail. MARLIE WHTEMAN, PE Urban Crossroads Modelin has worked pr( applications of AutoCAD since 1995. Ms. Whiteman received a Bachelor o cienc g civil engineering from the University of California, Irvine. She has worked on a variety of transportation planning and traffic engineering projects, with an emphasis on travel demand forecasting. onally in transportation planning, trattic engineering, anu re e de ree in Modeling experience includes model data development, consistency, validation, preparation of future forecasts, post -processing, as well as circulation planning, intersection capacity analysis, parking demand analysis, site access evaluation, geographic information systems applications, and staff training. Ms. Whiteman has worked with a number of travel demand forecasting software packages, including TransCAD, TRANSIMS, CUBE, and various predecessors to the most current generation of travel demand modeling software packages. Ms. Whiteman's work experience with the development of traffic models includes the Coachella Valley Sub Area Traffic Model, Imperial County Traffic Model, the Palm Desert Model, the South Orange County Traffic Model, the Santa Ana River Crossings Model (SARX), the Pass Area Model, the Tejon Traffic Model, the Irvine Traffic Analysis Model, and the Newport Beach Traffic Model. She is also familiar with the Comprehensive Transportation Plan Model. General Plan traffic study preparation activities include the cities of Rancho Santa Margarita, San Jacinto, Moreno Valley, Beaumont, Indian Wells, Palm Desert, and Newport Beach. SCOTT SATO, PE Urban Crossroads Traffic Mr. Sato has been working in the field of transportation pL He received his Bachelor of Science degree (Engineering) Irvine in 1990, specializing in transportation studies. nning and engineering since 1989. from the University of California, Mr. Sato has worked throughout northern and southern California and Nevada on General and Specific Plan updates, transit modeling, traffic forecasting and circulation plans. Mr. Sato has also developed travel demand models in southern California for the Aliso Viejo core area, the Eastvale Community Plan, and the cities of Palm Desert and La Quinta. His current emphasis is on overseeing the preparation of traffic impact studies throughout the Coachella Valley. He has prepared traffic studies in support of two Project Study Reports (PSR) for the Monroe Street and Golf Center Parkway interchanges. He is currently working on several studies in the City of La Quinta for commercial developments, closely adhering to the guidelines stipulated in the Engineering Bulletin (06-13). Page 12 of 30 213 City of La Quinta General Plan Update and Environmental Impact Report MAHMOUD S. AHMADI, PE Urban Crossroads Traffic Forecasting Mr. Ahmadi has nineteen years of experience in the fields of transportation planning and traffic engineering as well as financial planning, GIS and web development, both in the private and public sectors. He has been involved in development and application of regional and county - level travel demand models including Heavy Duty Truck (HDT) and Ports truck models, as well as analysis of household and work place. Mr. Ahmadi has been involved in numerous ArcView and web -enabled GIS applications, both as system developer and manager. Mr. Ahmadi is proficient with computer software packages applicable to the fields of traffic operation and transportation planning (Cube, TransCAD, EMME/2, Tranplan, HCM, Traffix, CORSIM, Visual Basic and ArcGIS). Mr. Ahmadi currently provides CVAG transportation engineering services relating to the maintenance and update of the CVATS model, which is a customized version of the SCAG TransCAD model developed for Riverside County. Mr. Ahmadi is also involved in the development of the Riverside County Travel Demand Model, currently under development. Mr. Ahmadi received his Masters and Ph.D. (in Engineering Mathematics) from the University of Nebraska. Aerial Information Systems — Land Use Mapping Aerial Information Systems, Inc. (AIS) specializes in Geographic Information Systems (GIS) mapping and analysis, and has been a Terra Nova partner for more than 15 years. Individual staff expertise ranges across the disciplines of geography, geology, soil science, plant ecology, forestry, environmental studies, land planning, photo interpretation, field survey, and computer sciences. This broad range of disciplines allows AIS to understand the needs of land use planning, traffic analysis, and other disciplines, and provide the data needed by these disciplines in an understandable format. AIS serves a broad range of clients, including the California Department of Fish and Game, State of New Jersey Department of Environmental Projection (NJDEP), the National Park Service (NPS), the Metropolitan Water District of Southern California (MWD), ESRI, the City of Los Angeles, Edison International (SCE), and Southern California Association of Governments (SCAG). AIS has completed the land use and zoning maps for all of Terra Nova's General Plan projects in the last several 15 years, including: City of La Quinta General Plan Safety Element, 2001 City of Palm Desert General Plan Safety Element, 2004 Town of Apple Valley General Plan Safety Element, 2007 BEN JOHNSON AIS Project Manager Mr. Johnson is AIS' data conversion manager/Senior GIS Analyst. Since joining AIS in 1991, he has managed several kinds of spatial data conversion projects, including National Parks Service vegetation mapping projects for Yosemite NP, Sequoia/Kings Canyon NP, Joshua Tree NP, and Pinnacles NM.; several of the Metropolitan Water District of Southern California's GIS projects; Page 13 of 30 274 City of La Quinta General Plan Update and Environmental Impact Report the 2005, 2000 and 1993 updates of land use for the Southern California Association of Governments; and the County of Los Angeles Zone Conversion and Integration Project (ZCIP). His previous digital geographic data processing experience was gained while employed at TRW's Defense Systems Group, Ballistic Missile Office where he was a Geographic Information System Analyst and Siting Planner. His experience there included coordinating project staffing; developing procedures and documentation of methodologies; quality assurance; geographic modeling through overlay analysis; SAS applications and programming; raster data processing; and SunOS video training instructor. B. References Ms. Lori Lamson, Assistant Director of Community Development, Town of Apple Valley, 14955 Dale Evans Parkway, Apple Valley, CA 92307 (760) 240-7000, ext. 7204. Mr. Craig Ewing, Director of Planning Services, City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (760) 323-8269. Mr. Thomas Wilson, Asst. City Manager, Mr. Craig Ewing, Community Development Director, City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (760) 323- 8270. Mr. Randy Bynder, Community Development Director, City of Rancho Mirage 69-825 Highway 111, Rancho Mirage, CA 92270 (760) 328-2266. Mr. John Wolhmuth, City Manager, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260 (760) 346-0611. Mr. Don Bradley, City Manager, City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 (760) 770-0340. Mr. Jerry Patton, President, College of the Desert, 43-500 Monterey Avenue. Palm Desert, CA 92260. (760) 773-2500. Ms. Margaret atural Resources, Agua Caliente Band of Culla Indians, 777 East Tahquitz Canyon Way, Suik, Director of Planning & te 01,, Palm Springs, CA. 92262 (760) 8831326. Mr. Ali Tourkaman, VP Administration, Eisenhower Medical Center, 39-000 Bob Hope Drive, Rancho Mirage, CA 92270. (760) 773-1273. uoManager/Santa er Jacinto Mountains National Monument, Beaf Land Management, 12011 Bird CentDrive, Palm Springs, CA 92262760)251- 4800. Page 14 of 30 275 City of La Quinta General Plan Update and Environmental Impact Report City of La Quinta Plan Update and Environmental Impact Report II. Project Understanding and Approach A. Project Understanding The City of La Quinta wishes to update its General Plan, adopted in 2002, to address current community issues, future goals and evolving vision for the City, and to include components responsive to recent legislation. Specifically: • The City's General Plan currently includes two far-reaching Planning Areas, which extend beyond the City's Sphere of Influence, and may no longer reflect the City's likely expansion; • The City's Sphere of Influence includes a small area to the north of the current City limits, and the Vista Santa Rosa area, which has a unique character and requires careful attention in land use planning; • There are several core areas in the City, including the Village, the Cove and the Highway I I I corridor, which require specialized policies and programs; • The requirements of AB 32 relating to reductions in greenhouse gas (GHG) emissions must be part of the General Plan process; • The requirements of SB 375, relating to reductions in vehicle miles travelled and associated integrated land use planning must be integrated into the General Plan, and the associated need to consider Mixed Use/Urban Core nodes within the Land Use Element and associated Sustainability Element; • Both AB 32 and SB 375 present the City with opportunities for the development of policies and programs that assure long term sustainable development; • In addition to the Sustainability Element, the City wishes to add an Economic Development Element, based on an economic analysis to be completed by the City, to its General Plan. It is also our understanding that the Housing Element will be updated only for consistency with land use mapping changes, as its completion is expected shortly; and City staff will be primary nd Recreation Elements. Terra Nova will provide authors of the Open Space and Parks a technical support for the City's preparation of these elements. The General Plan currently consists of two documents — a Master Environmental Assessment and a General Plan policy document, which were the City's desired format in the last update. We believe that such a format is not conducive to ease of use, and propose a single General Plan document, which includes both the background information on each subject area, and the goals, policies and programs needed to implement the City's vision. The document structure is further described below. Page 15 of 30 216 City of La Quinta General Plan Update and Environmental Impact Report The City intends to establish a General Plan Steering Committee (GPSC) to assist in the preparation of the General Plan. In addition to the GPSC activities, the City envisions three community -wide workshops, as well as study sessions of the Planning Commission and City Council, as the General Plan is developed. City staff should be the "face" of the General Plan update process, with the consulting team providing technical and logistical support to the community outreach process. We have included recommendations for GPSC, community workshops and study sessions in the "Approach" section below, and in our scope of work. The General Plan will be supported by a Program Environmental Impact Report (EIR), which will provide background data and information, and categorical analysis and mitigation measures on which future projects can rely and tier from. The EIR must address all the requirements of the California Environmental Quality Act (CEQA), including the air quality requirements in place at the time the EIR is released. The proposed General Plan and EIR should be adopted within 18 months of the initiation of the project. For purposes of this proposal, we have assumed an August, 2009 start, and adoption of the General Plan in February, 2011. B. Approach Terra Nova/Town Team Approach: Terra Nova uses a coordinated and integrated team strategy that relies on regular and on -going contact and consultation, and a practical and efficient approach to the development of the General Plan and environmental review. The basis of our approach is tied to regularly scheduled team meetings, involving City Planning staff and Terra Nova staff. The core team will be augmented with sub -consultant team members and other City department staff as needed, based on the subject(s) to be addressed at each meeting. This process assures clear communication, and the inclusion of all team members only on issues germane to their expertise, thereby reducing wasted meeting time and "meeting fatigue." We propose monthly meetings for the first 12 months of the project, where the progressive review and evaluation of research, analysis and work product will keep the project on track. The monthly meeting schedule may need to be augmented at certain times when issues or deliverables require additional attention. Terra Nova and City staff will prepare a refined strategic plan outlining project tasks and milestones, including collection of data and information, development of baseline mapping systems compatible with City capabilities, and schedule the development and review of the draft General Plan. The proposed structure of the General Plan, described further below, will also be refined through this process. Data Collection/Information Gathering: Terra Nova and City staff will pool their resources and capabilities to develop and organize data and information from all available sources. The collection of data and information, and the characterization of the physical, regulatory and socio- economic environment will be researched and presented by Terra Nova staff. Where that data is prepared by our sub -consultants, Terra Nova will summarize the technical information for the General Plan and the EIR. The comprehensive update of the community setting will provide the Page 16 of 30 1• 277 City of La Quinta General Plan Update and Environmental Impact Report current context, and will bring together information and data from a wide variety of sources, community group discussions and other public agencies. Research and analysis associated with environmental issues will identify current conditions and focus on the potentially significant impacts associated with the implementation of the General Plan. Direct and indirect impacts on the environment and community resources will be identified and described in detail. Immediate, near -term impacts, as well as long-term (buildout of General Plan area) impacts, will be assessed as applicable. This assessment will include a discussion of all relevant specifics, including environmental and man-made resources, alterations to ecological systems, geotechnical and flooding hazards, and changes induced by population distribution, land use patterns, traffic volumes and health and safety issues. Applicable regulatory matters will also be addressed on a categorical basis. Administrative Services: Terra Nova shall provide planning, environmental and administrative support, and shall serve as a direct extension of City staff through the preparation of the documents, as well as the preparation and mailing of the NOP, NOC, draft and final documents, and NOD. Terra Nova will also be responsible for the preparation of the Notice of Availability and other public notices required to complete this process. Public notices will be provided to the City for publication. Other cost-effective administrative support services can also be provided throughout the process. Mapping Resources: The limits of the planning area are expected to include the incorporated City limits, and the City's sphere of influence. Terra Nova will develop original mapping resources in ARCView format. Utilizing these and other sources, large-scale maps will be generated and reproduced for City and public use. In-house information mapping will also allow a closer look in the future at technical, economic and environmental characteristics that place demands on public services and infrastructure. Optional Item — DVD of the General Plan Update Process: Terra Nova proposes as an Optional item, the preparation of a General Plan Update DVD at the beginning of the process. Terra Nova has successfully completed General Plan DVDs for three other jurisdictions, the most recent being the Town of Apple Valley. The DVD can be used in a number of ways: as an introduction for the community workshops and GPSC; as a tool to introduce the General Plan to community groups, civic and charitable organizations, and others as part of the public outreach process; and as a presentation tool for City Council and Planning Commission study sessions. In Apple Valley, the DVD was distributed by Town staff and Council persons throughout the community, including schools, the Rotary and Elks Clubs, and used in the community workshops for the General Plan. The DVD is a cost effective tool to inform the community and encourage participation in the process by the community at large, and also provides City staff with a presentation tool to use in its public participation process. The DVD would use still photography and narration to describe the requirements of General Plans, the update process, and special issues which will be considered, including the sphere of Page 17 of 30 1..278 City of La Quinta General Plan Update and Environmental Impact Report influence areas, sustainability, greenhouse gas reduction, and new planning concepts being considered by the City for inclusion in the General Plan. Community Workshops and General Plan Steering Committee: The City's RFP proposes three community -wide workshops for the General Plan — one at the beginning of the process, one at the mid -point, and one at the completion of the draft General Plan document to present and discuss alternatives. It is understood that Terra Nova staff will act in a supportive role for the preparation and presentation of these workshops, and that City staff will be the primary presenters. Our scope of work and budget reflect this structure. The City also proposes the creation of a General Plan Steering Committee (GPSC). Based on our consultation with City staff, the GPSC's role remains undefined. We propose that the GPSC be used, at a minimum, to develop a Vision Statement for the City, to review land use policy and mapping alternatives, special study area policies and mapping (such as Vista Santa Rosa, the Cove and the Village), sustainability and possibly traffic and circulation policy. Terra Nova will work with City staff in establishing a drafting, review and distribution schedule for these materials, as well as a meeting schedule for the GPSC. Our scope of work proposes 12 meetings of the group, occurring twice monthly over a period of 6 months, and initiated after critical background data and information has been collected. City Council and Planning Commission Study Sessions: The scope of work provides for two joint study sessions of the Planning Commission and City Council. We recommend joint sessions for two reasons: first, as a cost effective method of informing both bodies in one meeting, and second as a consensus building tool to assure that all parties build the policy direction of the General Plan together. The study sessions will follow the GPSC meetings described above, and should be sufficiently detailed to give Terra Nova and City staff confidence that the land use map and General Plan document are on the right track. The scheduling and structure of these meetings will be further refined during the Terra Nova/City strategic planning process. General Plan Text Drafting: Terra Nova understands that the consultant will act as an extension of Planning staff and will have primary duty of drafting text and preparing graphics for various elements of the General Plan. We also understand that the Open Space and Parks and Recreation components of the Plan will be written by City staff, and provided to Terra Nova for editing and integration into the document. A recommended General Plan format, and all the required and optional elements we propose for this General Plan, are further discussed below. We will work closely and integrally with Planning and other department staff to develop preliminary elements and necessary and appropriate levels of background information. All editing, corrections and changes will be provided in "track changes" format, for ease of review. General Plan Policies and Programs: The General Plan serves as the "City constitution" and should be accessible to and understood by average residents of the community. The General Plan must clearly state the goals, policies and programs the City will follow and implement, and must provide informational summaries and discussions to adequately explain why the goals, policies and programs were adopted. We envision development of an updated document that incorporates all of these elements. Page 18 of 30 279 City of La Quinta General Plan Update and Environmental Impact Report City and Terra Nova staff will jointly plan the sequence of General Plan element preparation, based upon the inherent logic associated with data and information collection, the hierarchy of elements comprising the Plan, and whether they are to be reviewed by the GPSC. We recommend that review occur incrementally, as it is generally easier to review shorter pieces of work than an entire chapter or document. Once staff feedback has been received, the document has been presented to the GPSC if necessary, and the element amended, a final draft will be ready for presentation to the community, the Planning Commission and the Council. With the involvement of the GPSC, we propose that elements and exhibits which will be reviewed by the GPSC be developed early. Paralleling these elements will be the preparation of technical elements -which will not be reviewed by the GPSC, but only by City staff. During the time that the GPSC is meeting, much of these technical elements can be prepared, reviewed and finalized, so that the project schedule does not extend beyond the proposed 18 month schedule. Program EIR and Project CEQA Streamlining: The CEQA Guidelines provide clear support for tiering off of a previously prepared EIR and utilizing applicable analysis in reviewing a project. Aspects of anticipated future projects, such as land use types and intensities, shall be included in the EIR project description and evaluated within the Program EIR format. This approach will facilitate the preparation of subsequent project -specific Mitigated Negative Declarations and Negative Declarations in the future. As cited in the CEQA and General Plan Guidelines, and OPR advisories, General Plan EIRs are expected to be conceived with long-term planning horizons. Although environmental issues become more pronounced the further out the planning activity is projected, it is the nature and purpose of a General Plan to look to the long-term consequences of future community development. Difficult issues, such as the need for future roadway capacity and other infrastructure, will be planned in this fashion. In this manner, the EIR will evaluate the consequences of the General Plan project, and adopt a Plan that achieves the City's goals without sacrificing development and community design standards, or quality of life. General Plan Format and Environmental Documentation A Comprehensive General Plan A first consideration for the General Plan is that it clearly provide important, relevant and useful background information, and that the goals, policies and programs flow naturally from the local conditions, circumstances and community aspirations. The General Plan must be accessible, easy to use, well cross-referenced, and fully integrated. This is the type of General Plan document we plan to prepare for the City. Terra Nova suggests a format and structure for the General Plan which will effectively meet the City's goals while providing an accessible, user-friendly and integrated document. The rationale for General Plan goals, policies and programs. are frequently challenged by public officials, members of the development community and the general public. Integrating concise background information into the General Plan elements will provide a clear understanding of the logic of the Page 19 of 30 i 280 City of La Quinta Plan Undate and Environmental Impact Report Plan without creating a large and unwieldy document. This approach also addresses essential mandates of the, California General Plan Guidelines and helps to assure Plan defensibility. Recommended General Plan Format: The various elements of the General Plan, including those seven mandated by the California General Plan Guidelines, fall neatly and logically into a few categories, which we propose to organize as chapters of the Plan. These chapters will be prefaced by an "Introduction to the General Plan", which briefly describes the planning area, the relationship of the General Plan and Program EIR, the General Plan development process, and other information. The main chapter breakouts we have found most effective are: • Community Development Chapter • Natural Resources Chapter • Environmental Hazards Chapter • Public Services and Facilities Chapter The City's Vision and Introduction to the General Plan This chapter will include the Vision Statement developed for the City through the GPSC, and also serves to orient the reader to the General Plan. It explains the document content and format, including the chapters and their elements, determining consistency with the General Plan, amending the General Plan. The purpose and scope of the City's Zoning Ordinance and Specific Plans, and other means of implementing the General Plan will also be included here. Community. Development Chapter The Community Development Chapter would include Land Use, Circulation, Sustainability, Economic Development, Housing, and Parks, Recreation and Trails elements. The elements of this chapter significantly influence the character and quality of life in the community, the types, distribution and intensities of land use, the provision of open space, parks and recreational facilities, the preservation of scenic vistas, and similar quality of life issues. The Economic Development Element will be based on the fiscal analysis being prepared separately by the City, and the City's Economic Development Plan. It will include demographic information, cost -revenues analysis, and goals, policies and programs for the long term economic viability of the City. Terra Nova has prepared Economic Development Elements for the cities of Palm Desert, Rancho Mirage and Banning, which have all been successfully implemented in the review of commercial and industrial projects presented to the City. The Sustainability Element will address the management and conservation of natural resources, especially energy, water and air, but also the full range of finite material resources. It will also address sustainability of the community and the local and global environment in terms of land use, transportation and infrastructure efficiency. GHG reduction measures developed in the Greenhouse Gas Reduction Plan will also be incorporated in this element. Principals that assure a high quality of life and a sustainable community and economy will also be key components of this element. The Sustainability Element will include specific, concrete and categorical goals, policies and programs, and will provide metrics to achieve measurable results. As a guiding principal, Sustainability will also be integrated into all other General Plan elements. Page 20 of 30 281 City of La Quinta General Plan Update and Environmental Impact Report It is understood that the Housing Element will be updated only for consistency with any land use changes, which may result from land use mapping changes. The revised Housing Element will require submittal to the Department of Housing and Community Development, but if the Element currently being prepared is considered consistent with State law (certified) by the Department, that review should be a simple process. It is also understood that the Parks, Recreation & Trails Element will be drafted primarily by City staff, with Terra Nova providing editing and graphics support only. Natural Resources Chapter This chapter of the General Plan discusses the environmental resources of the community and the surrounding areas. The elements addressed in this chapter would include Biological Resources; Archaeological, Historic and Paleontological Resources; Water Resources; Air Quality; Open Space and Conservation; and Energy and Mineral Resources. The City has substantial natural resources, which contribute to the quality of life for the City's residents and may be of vital importance in the enhancement of its economy. This chapter will address the importance of and need for the thoughtful use and conservation of these valuable resources. The most significant change in this chapter may be related to the implementation of the Coachella Valley Multiple Species Habitat Conservation Plan, which was not adopted at the time of the last update. We also propose to integrate Cultural Resources into this chapter. In the existing General Plan, it is a freestanding element. Finally, the importance of Air Quality and Water Resource issues to sustainability and land use require that a careful cross-referencing of these issues with land use and sustainability policies and programs be included in this chapter. Environmental Hazards Chanter The City is subject to and must accommodate some potentially significant environmental hazards, both naturally occurring and man-made. General Plan elements that will be discussed in this chapter include Geotechnical; Flooding and Hydrology; Noise; and Hazardous and Toxic Materials. The assessment of and planning for these hazards or constraints is the primary purpose of this chapter of the Plan. The elements in this chapter will be well supported by state of the art technical studies and analysis. The City is subject to substantial environmental hazards, and this chapter will help the City be responsive to these issues. Public Services and Facilities Chapter This chapter of the General Plan addresses the public services and facilities needed to support existing and future development in the City. General Plan elements that will be found in this chapter include Water, Sewer and Utilities; Fire and Police Protection; Schools and Libraries; Emergency Preparedness; and Public Buildings and Facilities. The levels of service needed at buildout of the General Plan is directly related to the intensity and distribution of development in the community. The desirability and economic success of the City is closely tied to the level of services, the types and intensities of land use, the demand for services and the revenue generating potential of land uses. Page 21 of 30 282 City of La Quinta Plan Update and Environmental Impact Report General Plan Maps and Graphics Tetta Nova will use two different approaches to General Plan mapping and graphics preparation. For the General Plan land use maps, we will be using ARCView and will provide these maps in a format that can be fully utilized, manipulated and updated with the City's ARCView programs. Other mapping and graphics software may be used for illustrative maps and graphics, which will be embedded in the General Plan elements and the Program EIR. All maps and exhibits will provide clear and effective communication of data and information for the professional planner, City officials and the general public. All maps and graphics will be provided to the City in electronic format for future editing. Optional Item: Zoning Ordinance and Map Amendments: In order to provide a turn key service, we have included this item as an option for the City. As the General Plan is developed, its policies and programs, will lead to the need to amend the Zoning Ordinance. Specifically, the General Plan's sustainability policies associated with SB 375, land use changes also associated with SB 375, and the focus areas such as Vista Santa Rosa, will likely lead to the creation of new zones or overlays. We propose to track these changes, and develop amendments to the Zoning Ordinance which can be completed and processed immediately following the adoption of the General Plan. Although this task would extend beyond the 18 months allocated for the General Plan project, by tracking progress and initiating work product during the General Plan process, Zoning amendments can be completed and adopted within 3 to 5 months of adoption of the General Plan. Page 22 of 30 283 City of La Quinta General Plan Update and Environmental Impact Report City of La Quinta General Plan Update and Environmental Impact III. Scope of Work A. Introduction Our scope of work has been developed on the basis that Terra Nova will provide turn -key service to the City, and meeting our goal as a firm, to become an extension of City staff for the General Plan process. Our most important role in this process is to integrate into the City's procedures and systems, and facilitate the process. We will assume responsibility for all processing tasks, including the posting of notices, transmittals to agencies, and preparation of public notices. Although individual team members will contact City staff for information and data gathering as needed, we will closely coordinate these activities and consolidate data requests to the greatest extent possible, so as to minimize intrusions. We will also, at the Planning staff's direction, route requests through Planning, or directly to the department(s) involved. The City can also expect a constant and single primary contact, Nicole Sauviat Criste, who will attend all team meetings, community and GPSC meetings, and study sessions and hearings, and relay the results of these meetings to the rest of the team. All tasks described below assume the analysis and inclusion of the City's existing corporate limits, and its Sphere of Influence. It is also assumed that all work product will be provided to the City in electronic format, and that Terra Nova will work with City staff in posting materials to the City's web site, and including periodic updates in the City's newsletter. We understand that the City wishes to complete the process in 18 months, and have tailored our project schedule to that end. We have found that 18 months is typical for such a process, and believe that the City's timeline can be met. B. Project Tasks The proposed scope of work assumes a close and integrated working relationship between Terra Nova and City staff to achieve the City's goals for this project. A regular schedule of meetings, where Planning staff and Terra Nova can report on progress, discuss issues and process the document, including bringing in other department staff when needed, will assure the timely completion of all the project components. This scope of work has been developed based upon the Request for Proposals (RFP), and consultations with City Planning staff. The scope has also been developed based upon close consultation with members of the Terra Nova consulting team. Where we feel it important, either Page 23 of 30 ... 284 City of La Quinta General Plan Update and Environmental Impact Report technically or to assure a successful process, we have added to the City's requested scope or product list. The scope of work is organized sequentially, and sets forth the general order in which tasks will be accomplished. Specific Project Tasks d• Review all available data and information of City, previous studies and analyses, and determine other information needed to prepare expanded background information for General Plan and supporting environmental documents. •S Establish project work and meeting schedules with City Planning staff for team meetings, community workshops and GPSC meetings, to assure a logical and orderly drafting and review of General Plan elements, land use map alternatives and support information. :• Initiate monthly meetings with City staff (throughout the project, special or additional meetings may be necessary to address specific issues; we have planned for 18 meetings with staff in the 18 month process). 41- optional: Draft script for General Plan DVD and collect photos and graphics for completion of the project. Prepare DVD for review by City staff, and amend as necessary. Prepare final DVD and associated packaging, and provide up to 50 copies to the City for use and distribution. •b Initiate in-house and sub -consultant work on special areas of concern, including traffic study, noise monitoring and impact analysis, seismic/geotechnical/flooding research and reporting, cultural and biological resource assessments, and other areas where staff or sub -consultants can begin formal research and analyses. The special studies to be prepared, and their scope, are summarized below. • Biological Resources Analysis: The biological resources analysis will include an inventory of known species in City and the sphere of influence, based on records searches, on -site analysis, and consultation with responsible agencies. The status of these species, and the level of analysis required for future projects will be described. Study areas for CVMSHCP species will be mapped as needed. The analysis will optimize the efficiencies built into the MSHCP, and address other requirements, such as the Migratory Bird Treaty Act. • Cultural and Paleontological Resource Analysis: The cultural and paleontological resource analysis will include descriptions of archaeologically, historically and paleontologically sensitive areas throughout City and the sphere of influence, based on records searches and on -site analysis. Mapping of areas of sensitivity will be included. Terra Nova will also work with the City in completing the required Native American consultations (SB 18). Management regimes and processes that efficiently address resource management will also be developed. Page 24 of 30 285 City of La Quinta General Plan Update and Environmental Impact Report • Noise Impact Analysis: The noise analysis will include short-term monitoring at 12 locations and 24 hour monitoring at 6 locations to characterize the existing noise environment, as well as determining existing noise contours for up to 30 roadway segments. General Plan build out noise contours will be developed for 30 roadway segments. The analysis will include existing and General Plan build out noise levels at these locations. The analysis will also include stationary source analysis, and provide information on the effective management of these noise sources. • Traffic Impact Analysis: The proposed work effort will build upon CVAG's recently completed comprehensive subregional travel demand model update (RivTAM) to ensure the most defensible analysis and forecasting of future traffic volumes. Traffic modeling will be completed using the TransCAD software package. The traffic analysis will begin with the collection of existing traffic volume data from various sources, including the City, CVAG and others, and new traffic counts at up to 12 intersections and 20 roadway segments if current data is not available. The analysis will also include an inventory of existing and planned roadway improvements, resulting in an existing conditions report. The traffic analysis will evaluate up to 16 intersections and all key roadway segments, to be identified in consultation with the City Engineer. Urban Crossroads will review the RivTAM model structure and recommend refinements to the traffic analysis zone and roadway network structure necessary to develop forecasts at the local level of detail necessary to support the General Plan update process. The appropriate modeling approach will be finalized in collaboration with the project team. It is anticipated that the model will utilize the latest RivTAM structure and will be implemented using the TransCAD software. Locally developed model inputs will be incorporated in each step of the modeling process, including land use and socioeconomic data (SED) conversion factors, the local (arterial and selected collector) roadway system, trip generation, trip distribution, traffic assignment, and future forecast refinement (post -processing) procedures. • Transportation Sustainability Analysis: The analysis will directly address the issues and requirements of SB 375. It will include trip generation calculations illustrating the types and ratios of different land uses that will optimize internal capture and minimize vehicular travel. It will also identify locations where alternative land use strategies can potentially reduce dependence on traditional vehicular travel. The study will assess infrastructure needs for pedestrian, bicycle, golf cart, Neighborhood Electric Vehicle (NEV), transit, and automobile use, and recommend components of travel ways and intersections for inclusion in alternative land use or urban design diagrams. The analysis will determine pedestrian pathways from residential areas to community attractions (open space, schools, amenities, etc.) and community boundaries, and will identify multi- purpose trails, sidewalks, and crosswalks. The analysis will define current bikeway and golf cart plans to further emphasize the opportunities for non - vehicular travel, and will provide exhibits that indicate intersection controls, bikeways, walkways, NEV routes (if applicable), transit accommodations, and revised roadway cross -sections. The report will qualitatively evaluate potential Page 25 of 30 286 City of La Quinta General Plan Update and phasing of transportation infrastructure improvements. The effort will be coordinated with the project team to integrate recommendations into land use planning. • Geotechnical and Flooding Analysis: This analysis will include data on seismicity, seismic hazards, expansive soils, and flooding hazards in City and the sphere of influence. Planning strategies that help to address identified hazards will also be developed for inclusion in the General Plan. • Air Quality: A variety of data associated with land use designations, traffic, housing units, and commercial and industrial development will be analyzed to assess potential impacts to local and regional air quality. The analysis will assess for a variety of gases, as well as particulates (PM10), and will provide strategies and programs for optimum mitigation. The analysis will also provide GHG analysis to the standards in place (or the practice in place) at the time that it is prepared. 40 Initiate Greenhouse Gas Reduction Plan. The Plan will include preparation of a greenhouse gas emissions portfolio, and analysis and quantification of the baseline year emissions, using actual data from utility providers and/or appropriate modeling methodologies. The Plan will also quantify greenhouse gas emission forecasts for buildout of the General Plan; reduction targets based on the requirements of AB 32; and set forth the standards being developed by the California Air Resources Board (CARB) and South Coast Air Quality Management District. The Plan will also define quantifiable actions to achieve targeted reductions for greenhouse gas emissions. These may include green building strategies, energy efficiency/performance standards, sustainable transportation and land use, solid waste reduction, water conservation, and community outreach and education. The goal is to provide specified actions, which can be implemented to achieve quantified emission reductions. The Plan will be instrumental in the development of policies and programs in the Land Use, Sustainability, Circulation and Air Quality Elements. It is understood that the Plan may be developed early and implemented for projects which are proposed during the General Plan Update process, and then finalized and adopted again in its final form in conjunction with the adoption of the General Plan. The Plan will also serve as the basis for subsequent CEQA analysis and tiering, allowing development anticipated in the General Plan to proceed without the need for additional detailed GHG analysis. •S Research, document and, in many instances map resources for presentation and eventual integration into General Plan and Program EIR. Research is envisioned to go forward on all fronts and to be conducted in logical groups based upon inter -relatedness and hierarchy of issues. For instance, air quality, sustainability, noise and circulation elements will be developed concurrent with analyses of land use plans. 6• Initiate and continue with staged drafting and editing of updated elements and supporting maps and graphics of the General Plan, including legal requirements, background information, constraints and opportunities and goals, policies and programs. Terra Nova will develop a review schedule with City staff for individual components of the Page 26 of 30 287 City of La Quinta General Plan Update and Environmental Impact Report document, so that there is an on -going review of elements of the General Plan to assure that we are taking the right direction for the document. We recommend that the General Plan include not only goals, policies and programs, but a background section in each element which provides data and information on existing conditions and build out, to lay out the logic leading to how the goals, policies and programs were developed. Such background information will also be useful for staff, appointed and elected officials, the development community and the general public in developing special studies for projects in the future. In addition to the Vision and Introduction Chapter, General Plan elements are proposed to be divided into chapters as follows: o Community Development Chapter • Land Use ■ Circulation ■ Sustainability ■ Economic Development ■ Housing ■ Parks, Recreation and Trails o Natural Resources Chapter ■ Air Quality ■ Energy and Mineral Resources • Biological Resources ■ Archaeological, Historic and Paleontological Resources ■ Water Resources ■ Open Space and Conservation o Environmental Hazards Chapter ■ Noise ■ Soils and Geology ■ Flooding and Hydrology ■ Hazardous Materials o Public Infrastructure and Services Chapter ■ Police and Fire ■ Schools and Libraries ■ Water, Sewer and Public Utilities ■ Emergency Preparedness ■ Public Buildings and Facilities Prepare Land Use Map alternatives, to include special focus areas as determined by the project team, but expected to include the Village, Highway 111 and Vista Santa Rosa, as well as potential Mixed Use/Urban Development Core nodes. We would anticipate that 6 to 8 focus areas are likely to develop, which will each require 3 alternatives for discussion. Preferred alternatives will be determined for analysis in the General Plan EIR. Page 27 of 30 '0..., 288 City of La Quinta General Plan Update and Environmental Impact Report Prepare exhibits, handouts and other materials to assist in community meetings. Attend three community meetings (one early in the process, one upon completion of GPSC activities and one upon completion of draft document), and prepare summary of meeting discussion for distribution to team members. •b Prepare background, mapping and policy and program materials for presentation to GPSC. Attend twelve GPSC meetings, prepare summary of meeting discussion for distribution to team members, and edit mapping and policy as required. ❖ Prepare for and participate in two Planning Commission/City Council study sessions. 6 Coordinate Terra Nova/City team document completion of draft General Plan and supporting maps and exhibits. Facilitate final review of draft General Plan document and make final revisions, resulting in a "transmittal draft". 4- Terra Nova shall prepare the CEQA Initial Study Checklist and Notice of Preparation on the General Plan update. A NOP transmittal list shall be prepared andapproved by City staff, and Terra Nova shall transmit the NOP to the State Clearinghouse and other responsible agencies and parties of interest. Terra Nova shall also prepare appropriate CEQA related Public Notices of Completion, Availability, Determination and other CEQA documentation. 4- Terra Nova shall complete the draft EIR evaluating the proposed General Plan update and three land use alternatives (No Project and two other alternatives). All special studies listed above will be integrated into the document, and included in the appendix in their entirety. City staff shall review the screencheck EIR prior to transmittal. Final revisions and transmittal of revised Draft General Plan and Draft EIR for public comment shall be accomplished by Terra Nova. 6. Over the course of the project, Terra Nova shall prepare public notices, project updates, schedules and other information for publication in the City newsletter, local newspaper, and on the City's Web site. 8• Terra Nova shall prepare resource and land use maps in ARCNIEW format. Once adopted, maps shall be mounted on City's computers using e-mail, CD ROM, Zip -drive versions or other appropriate methods of transfer. Technical support shall also be provided in this regard. 6. Optional: Initiate Zoning Ordinance Amendments. We have included a budget item for the drafting of these amendments, assumed at this time at 160 hours of staff time. Since it is impossible to determine whether this time estimate will be an accurate reflection of the amendments needed at the end of the process, the item is included as a place holder, and will require refinement later in the process. Page 28 of 30 289 City of La Quinta General Plan Update and Environmental Impact Report •'r Coordinating with City staff, Terra Nova shall collect comments on the Draft General Plan, summarize comments and draft responses to same, as appropriate. Terra Nova staff shall also prepare responses to comments on the Draft EIR and shall submit same to City staff for review prior to finalizing responses and their incorporation into the Final EIR. + Findings and a Statement of Overriding Consideration will be prepared by Terra Nova, in consultation with City staff. ❖ Terra Nova shall coordinate and assist in the preparation of staff reports and other materials provided to Planning Commission and City Council prior to consideration of the project at respective public hearings. ❖ Terra Nova and City staff shall coordinate presentation of the Draft General Plan, the draft and final EIR at 2 public hearings before the Planning Commission and 2 before the City Council. Terra Nova and City staff shall work cooperatively in the completion of Final EIR documentation and final approved version of General Plan, and provision of a print master and electronic versions for the General Plan and associated exhibits. ❖ Terra Nova shall prepare and facilitate the filing of the Notice of Determination with the County Clerk and the State Clearinghouse. 4- A print master of the adopted General Plan and EIR shall be provided to City in hardcopy and on disk in Microsoft Word and Adobe Acrobat. ❖ Terra Nova staff and its consultants shall be available on an on -going basis to respond to any questions or other calls for assistance in implementing the new General Plan or Final EIR. Page 29 of 30 ii .1 gill IIIIIIIIIINTENO-7111110 all 11111011111INE9111111 gill 1111100HOINNIIIIIII IIIIIIIHIOININIIIIIII gill IIIIIIIIIINIIIIIIIIIII T-iht 4 4 Q91A& COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Consideration of Formation and Appointment of Two Members to an Ad Hoc Committee to Review the 2"d Quarter Grant Requests 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 IIEARING: As part of the 2009-2010 Fiscal Year Budget, the City Council allocated $100,000 to fund Community Services Grants. Staff is requesting the formation of an Ad Hoc Committee comprised of two City Council members. This Ad Hoc Committee will review and recommend the 2"d Quarter (October 2009 — December 2009) grants to City Council on November 3, 2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Establish an Ad Hoc Committee to Consider 2nd Quarter Grant Requests and to appoint two City Council members to serve; or 2. Do not establish an Ad Hoc Committee to Consider 2nd Quarter Grant Requests and to appoint two City Council members to serve; or 3. Provide staff with alternative direction. 292 submitted, Edie Hylton ;/ Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 293 a c y OF TttF COUNCIL/RDA/HA MEETING DATE: October 6, 2009 AGENDA CATEGORY: { BUSINESS SESSION: _v ITEM TITLE: Consideration of an Ordinance creating the La Quinta Housing Commission, a Resolution Approving a CONSENT CALENDAR: Financing Agreement Among the City of La Quinta, La STUDY SESSION: Quinta Redevelopment Agency and the La Quinta Housing Authority and Authorizing the City Manager to PUBLIC HEARING: Execute the Same, and a Resolution Agreeing to Provide Staff Services to the La Quinta Housing Authority RECOMMENDATION: Motion to take up Ordinance No. by title and number only and waive further reading, creating the La Quinta Housing Commission; Motion to introduce Ordinance No. on first reading; Adopt a Resolution of the City Council approving a Financing Agreement among the City of La Quinta, La Quinta Redevelopment Agency, and the La Quinta Housing Authority and authorizing the City Manager to execute the same; Adopt a Resolution of the City Council agreeing to provide staff services to the La Quinta Housing Authority. FISCAL IMPLICATIONS: The Housing Authority will own affordable housing developments that are awaiting final disposition to private or non-profit owners/operators. Staff and management costs associated with these dwellings will be funded from unit rental income; property acquisition and rehabilitation costs will be funded by the La Quinta Redevelopment Agency as part of its requirement to increase and improve housing affordable to very - low, low- and moderate -income households. The Financing Agreement (Attachment 1) provides that the City or Agency may advance funds to the Housing Authority for operations and projects until such time the Housing Authority is generating enough revenue to repay the City and/or Agency. Interest shall accrue on the outstanding 294 revenue to repay the City and/or Agency. Interest shall accrue on the outstanding principal advanced at the earning rate of the City's Investment Pool Funds, and shall be adjusted quarterly. The activities of the Washington Street Apartments, the La Quinta Housing Program and the foreclosed home program will be transferred from the Redevelopment Agency Low- and Moderate -Income Funds 245 and 246 to the newly -established Housing Authority Funds 241 and 242. The Fiscal Year 2009-2010 Low and Moderate Housing Tax Increment Fund budgets include revenues for the La Quinta Housing Program in Project Area No. 1 of $225,000 in rental income plus $68,700 in interest income, and $275,000 in expenditures (Account 245-9001-703.51-40); for the Washington Street Apartments in Project Area No. 2, budgeted revenues are $163,300 for rental income plus $502,400 in interest income, and $429,300 in expenditures (Account 246-9002-703.51-30). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 15, 2009, the City Council adopted Resolution No. 2009-075 establishing the La Quinta Housing Authority (the "Housing Authority") and declaring that the City Council will serve as the Housing Authority's governing body pursuant to the Housing Authorities Law (California Health and Safety Code Section 34200 et seq.). This staff report addresses all of the actions that the City, Redevelopment Agency, and Housing Authority must take to implement the Housing Authority. There are separate action items on today's Redevelopment Agency and Housing Authority agendas. Creation of Housing Commission In order to operate the Housing Authority with this structure, the City Council must create an independent housing commission that will review and make recommendations on all matters to come before the Housing Authority except emergency matters and matters the Housing Commission itself elects not to consider. Two of the members of the Housing Commission must be tenants of Housing Authority housing projects, and one such tenant member must be over 62 years of age. The requirements for the tenant commissioners are not effective until such time as the Housing Authority has housing projects with tenants. .• 295 The City Attorney, in consultation with City staff, has prepared an Ordinance for consideration by the City Council that establishes the La Quinta Housing Commission (the "Housing Commission"), and sets forth the number of members, member qualifications, method of appointment, term and other pertinent information. Approval of Financing Agreement and Agreement to Provide Staff Services Because the Housing Authority has no funds or staff at this time, City and Redevelopment Agency staff and the City Attorney have prepared a Financing Agreement (Attachment 1) that would enable the Housing Authority to borrow funds from the City and/or Redevelopment Agency and to repay such funds once the Housing Authority has housing projects that generate revenue. The City Attorney/Agency Counsel, in consultation with City and Agency staff, has prepared a resolution for consideration by the City Council approving the Financing Agreement. Similar Resolutions have been prepared for consideration by the Redevelopment Agency and the Housing Authority. Staff, serving the City Council and the La Quinta Redevelopment Agency, shall serve as staff for the Housing Authority. The City Attorney shall act as chief legal officer of the Authority. The City Attorney/Agency Counsel, in consultation with City and Agency staff, has prepared a Resolution for consideration by the City Council agreeing to provide staff services to the Housing Authority. A similar Resolution is attached to the report for the Redevelopment Agency. Approval of Bylaws and Rules of Procedure Pursuant to the Housing Authorities Law, the Housing Authority can adopt by-laws and regulations to carry into effect the powers and purposes of the Housing Authority. Attached to the report for the Housing Authority is a Resolution of the Housing Authority adopting Bylaws and Rules of Procedure. Respective Roles of the City, Redevelopment Agency, and Housing Authority The Redevelopment Agency will continue to take the lead role in acquisition, design, construction, funding and negotiating affordable housing agreements. The Housing Authority will be a focused entity that may: lease or rent dwellings or accommodations in a housing project and establish and revise the rents or charges for them; own or hold real or personal property; and lease, acquire by gift, grant, bequest, device, or otherwise, any real or personal property or any interest in property. A housing authority may acquire by eminent domain any real property which it deems necessary for its purposes. Pursuant to the Housing Authorities Law, at the first Housing Authority meeting, the Mayor will select the initial Housing Authority Chairperson from the Housing Authority members, and the Housing Authority members will select the first Vice —Chairperson •�• `� 296 from its members. In the following calendar year, the Housing Authority Board shall annually, at its first meeting held after December 30`h, or as soon thereafter as possible, vote to elect one of its members as Chairperson and one to serve as Vice - Chairperson. The Mayor shall specifically be excluded from being eligible to serve as Chairperson of the Housing Authority. The Housing Authority will have a separate agenda and minutes with meetings held at the time designated in La Quinta City Council Resolution No. 2006-102, as it currently exists or as it is amended in the future, similar to the structure of the Finance Authority. The Housing Authority may investigate living and housing conditions so as to improve such conditions, determine where there is a shortage of decent, safe, and sanitary accommodations for persons of low income, and "engage in research, studies, and experimentation on the subject of housing." The Housing Authority shall adopt and announce regulations for a plan and selection of applicants to assure equal opportunity and nondiscrimination on the grounds of race, color, or national origin. Leases and lists of rosters of the Housing Authority shall be confidential and shall not be given to inspection by the public, but can be supplied to the respective governing body on request. The Housing Authority shall be audited at least once a year by a certified public accountant or a public accountant. The audits, a final balance sheet and operations statement for the year for all Authority funds will be filed for record purposes with the City Clerk and the Department of Housing and Community Development. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to take up Ordinance No. by title and number only and waive further reading, creating the La Quinta Housing Commission; Motion to introduce Ordinance No. on first reading; Adopt a Resolution of the City Council approving a Financing Agreement among the City of La Quinta, La Quinta Redevelopment Agency, and the La Quinta Housing Authority and authorizing the City Manager to execute the same; Adopt a Resolution of the City Council agreeing to provide staff services to the La Quinta Housing Authority; or 2. Do not adopt an Ordinance of the City Council creating the La Quinta Housing Commission; or 3. Provide staff with alternative direction. 297 Respectfully submitted, Douglas R. ans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Financing Agreement .... 298 ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CREATING THE LA QUINTA HOUSING COMMISSION WHEREAS, by adoption of Resolution No. 2009-075, the City Council of the City of La Quinta ("City Council" or "City," as applicable) has established the La Quinta Housing Authority (the "Housing Authority"), in accordance with the California Housing Authorities Law (Health and Safety Code Sections 34200, et seq.); and WHEREAS, the City Council has declared itself to be the commissioners of the Housing Authority; and WHEREAS, Health and Safety Code Sections 34291 and 34292 provide that a governing body which has declared itself to be the commissioners of a housing authority may create a housing commission, whose function is to review and make recommendations on all matters to come before the housing authority prior to housing authority action, except emergency matters and matters which the commission, by resolution, excludes from its review; and WHEREAS, pursuant to the authority granted in Health and Safety Code Section 34291, the City Council now wishes to create the La Quinta Housing Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: 1. Establishment of Housing Commission. The City Council hereby creates the La Quinta Housing Commission (the "Housing Commission"). The Housing Commission shall consist of five (5) members, serving at the will of the Housing Authority. All of the members shall be residents of the City of La Quinta. Two (2) of the members shall be tenants of the Housing Authority, once the Housing Authority has tenants, and one (1) such tenant member shall be over sixty-two (62) years of age, if the Housing Authority has tenants over that age. 2. Compensation. Each commissioner shall be entitled to a per diem payment for attendance at not more than one (1) Housing Commission meeting per month at a rate of $50.00 per meeting. 3. Term. Each member of the Housing Commission shall serve a two (2) year term from the date of his or her appointment, with the exception that the initial appointments for the three (3) non -tenant commissioners shall be for a one (1) year term. 299 Ordinance No. Housing Authority Adopted: October 6, 2009 Page 2 of 4 4. Appointment and Removal of Members Filling of Vacancies. The members of the Housing Commission shall be appointed by the Housing Authority, at a regular Housing Authority meeting. If a tenant member ceases to be a tenant, he or she shall be disqualified from being a member and another tenant of the Housing Authority shall be appointed by the Housing Authority to fill the remainder of the unexpired portion of the term. The successor to a tenant member shall be a tenant of the Housing Authority. Vacancies from whatever cause shall be filled by a Housing Authority appointment, and any such appointment shall be for the remainder of the unexpired portion of the term. If a member of the Housing Commission absents himself from three (3) consecutive meetings or is convicted of a crime involving moral turpitude, his or her office shall become vacant, and shall be so declared by the Housing Authority. 5. Duties. The Housing Commission shall have the authority and the duty to review and make recommendations on all matters to come before the Housing Authority prior to Housing Authority action, except emergency matters and matters which the Housing Commission, by resolution, excludes from Housing Commission review. 6. Procedures for Review and Recommendation — Further Functions. Before a matter is acted upon by the Housing Authority, the matter shall be submitted to the Housing Commission for its review and recommendation. Within thirty (30) days after a matter is submitted to the Housing Commission for its review and recommendation, the Housing Commission shall make and file its report thereon with the Housing Authority. If the Housing Commission does not report upon the matter within thirty (30) days after its submission by the Housing Authority, the Housing Commission shall be deemed to have waived its review and recommendations concerning the matter and the Housing Authority may thereafter take action on the matter without the report of the Housing Commission. From time to time, the City Council may, by ordinance or resolution, amend the procedures set forth in this Section or provide for additional procedures for review and recommendation, and for further functions of the Housing Commission. 7. Records. Accurate and permanent records of the acts of the Housing Commission shall be kept, and such records shall have the same status as records of other administrative departments of the City. 8. Organization. The Housing Commission shall elect one of its members as Chairperson and such election shall be held as soon as practicable after each new term commences. The Housing Commission shall adopt such rules and regulations as it deems necessary to provide for its other officers and their method of selection, and for ••..:� 300 Ordinance No. Housing Authority Adopted: October 6, 2009 Page 3 of 4 other matters relative to its work and administration. Minutes, resolutions and official records of the Housing Commission shall be filed with the City Clerk. 9. Meetings._ The Housing Commission shall provide by resolution for the time and place of holding their regular meetings. Special meetings may be called by the Chairperson or by two (2) commissioners, and notice thereof shall be mailed to each commissioner at least forty-eight (48) hours before the meeting. The Housing Commission shall supply to the City Council and/or Housing Authority, on request, such information relating to its activities as are public records. 10. Prohibited Interest of Commissioner. (A) No member of the Housing Commission all acquire any direct or indirect interest in any housing project or any property included or planned to be included in any project, norshall he or she have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If he or she owns or controls a direct or indirect interest in any such property, he or she shall immediately make a written disclosure of it to the Housing Authority and such disclosure shall be entered upon its minutes. Failure to disclose his or her interest constitutes misconduct in office. (B) Nothing contained in this Section or any provision of the Housing Authorities Law shall be construed as precluding a tenant of the Housing Authority from serving as a commissioner of the Housing Commission, provided that the fact of such tenancy is disclosed to the Housing Authority in writing and entered upon its minutes immediately upon assuming office; not shall any provisions of this Section be construed as in any manner prohibiting the right of such tenant commissioner to exercise his or her full powers vested in his or her office. 11. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of La Quinta hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional 12. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption. 13: Posting. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places 301 Ordinance No. Housing Authority Adopted: October 6, 2009 Page 4 of 4 designated.by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 6th day of October, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 302 RESOLUTION NO. A RESOLUTION OF THE CITY OF LA QUINTA APPROVING A FINANCING AGREEMENT AMONG THE CITY, THE LA QUINTA REDEVELOPMENT AGENCY, AND THE LA QUINTA HOUSING AUTHORITY FOR THE PROVISION OF FINANCIAL ASSISTANCE TO THE HOUSING AUTHORITY WHEREAS, the City Council of the City of La Quinta ("City" or "City Council," as applicable) has established the La Quinta Housing Authority (the "Housing Authority") to function in the City of La Quinta in accordance with the California Housing Authorities Law (Health and Safety Code Section 34200 et seq.); and WHEREAS, the Housing Authority presently has no funds with which to carry out its purposes; and WHEREAS, the City desires to provide financial assistance to the Housing Authority by making periodic advances of funds in order to finance the operations of the Housing Authority; and WHEREAS, City, La Quinta Redevelopment Agency ("Agency"), and Housing Authority staff have prepared a Financing Agreement pursuant to which the City and Agency could make such periodic advances of funds (the "Financing Agreement"). NOW, THEREFORE, the City Council of the City of La Quinta does hereby resolve as follows: SECTION 1. The Financing Agreement, a copy of which is on file with the City Clerk, is hereby approved. SECTION 2. The City Manager is authorized and directed to execute the Financing Agreement and to take such other actions and execute such other documents as may be necessary to implement and effect this Resolution and the Financing Agreement on behalf of the City. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 6" day of October, 2009. 1 303 Resolution No. Housing Authority Financing Agreement Adopted: October 6, 2009 Page 2 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 Sea[) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 304 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AGREEING TO PROVIDE NECESSARY STAFF SERVICES TO THE LA QUINTA HOUSING AUTHORITY WHEREAS, the City Council of the City of La Quinta ("City" or "City Council," as applicable) has established the La Quinta Housing Authority (the "Housing Authority") to function in the City of La Quinta in accordance with the California Housing Authorities Law (Health and Safety Code Section 34200 et seq.); and WHEREAS, the City Council has determined that City staff are necessary to provide support staff services associated with or required by the Housing Authority. NOW, THEREFORE, the City Council does hereby resolve as follows: SECTION 1. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. The City Council hereby agrees that the City shall provide support staff services associated with or required by the Housing Authority. The actual and reasonable costs of such staff support services or other services, or supplies and equipment, may be charged to the Housing Authority and reimbursed to City. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 61" day of October, 2009. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 305 Resolution No. Housing Authority Staff Services Adopted: October 6, 2009 Page 2 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 306 ATTACHMENT 1 FINANCING AGREEMENT This FINANCING AGREEMENT ("Agreement") is entered into as of this day of , 2009, by and among the CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and the LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic ("Authority"). WHEREAS, Agency is a public body, corporate and politic, organized under the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.); and WHEREAS, City is a municipal corporation and a charter city of the State of California, organized and existing under the Constitution of the State of California; and WHEREAS, the City established the Authority in accordance with the California Housing Authorities Law (Health and Safety Code Section 34200 et seq.) in order to provide suitable, safe and sanitary housing opportunities for City residents; and WHEREAS, the Authority presently has no funds with which to carry out its purposes; and WHEREAS, the City and Agency desire to provide financial assistance to the Authority by making periodic advances of funds in order to finance the operations of the Authority; and WHEREAS, it is anticipated that the loan financing set forth herein shall be repaid by Authority from future revenues generated by the Authority's ownership and operation of housing projects within the City. NOW, THEREFORE, the City, Agency, and Authority agree as follows: 1. Agency/City Financing• Interest• Use of Loan Principal. The City and/or Agency may, from time to time, advance funds to the Authority to finance the operations and projects of the Authority. Interest shall accrue on the outstanding principal advanced at the earning rate of the City's Investment Pool Funds, and shall be adjusted quarterly. The advanced funds shall be used only for the purpose of financing the operations and projects of the Authority and for no other purpose. 307 2. Repayment. The total funds advanced by the City and/or the Agency, plus all interest accrued thereon, shall be repaid by the Authority when funds generated from Authority operations are available. Authority shall be entitled to repay all or part of the loan principal at any time with no other charges, fees, or penalties. All amounts due under this Agreement shall be payable at the offices of the Agency or City (as applicable). 3. Future Financing of Specific Projects. Notwithstanding anything to the contrary in this Agreement, the parties may enter into separate agreements with different terms and conditions to finance particular projects. 4. Recordkeeping. The Finance Director/Treasurer of the City shall keep appropriate records and accounts to document all borrowings herein. 5. Non -Recourse Obligation. No officer, official, employee, agent, or representatives of Authority shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, employee, agent, or representative. 6. Entire Agreement• Amendments. This Agreement shall constitute the entire agreement of the parties. This Agreement may be amended or modified only by an agreement in writing signed by the parties. This FINANCING AGREEMENT is executed by the duly authorized representatives of the City, Agency and Authority as of the date first herein above written. 308 Dated ATTEST: Veronica J. Montecino, Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson Agency Counsel Dated ATTEST: Veronica J. Montecino, City Clerk "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Kristy Franklin, Agency Chairperson [signatures continued on next page] "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Thomas P. Genovese, City Manager 309 APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Dated ATTEST: Veronica J. Montecino, Authority Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP M. Katherine Jenson Authority Counsel "AUTHORITY" LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic Thomas P. Genovese, Executive Director 310 REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD MEETING July 8, 2009 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 Chairman Ross, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, Ross, Rassi and Park ABSENT: None. OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Senior Secretary, Susan Spirtos and John Ingalls II. APPOINTMENT OF OFFICERS A. Appointment of Investment Advisory Board Chairperson Chairman Ross opened nominations for Chairperson. Board Member Moulin nominated Chairman Ross for Chairman. Chairman Ross nominated Board Member Park for Chairman. VOTE: All Ayes for re-election of Chairman Ross. MOTION - It was moved by the Board to close nominations and appoint Board Member Ross as the Chairman. B. Appointment of Investment Advisory Board Vice -Chairman Chairman Ross opened nominations for Vice -Chairman. Chairman Ross nominated Board Member Park as Vice -Chairman. VOTE: All Ayes. MOTION - It was moved by Board Members Olander/Bassi to appoint Board Member Park as Vice -Chairman. Motion carried unanimously. 311 At this point in the meeting, Chairman Ross continued to chair the meeting. III PUBLIC COMMENTS — None. Susan Spirtos and John Ingalls attended for informational purposes only. IV Confirmation of Agenda — Confirmed V CONSENT CALENDAR A. Approval of Minutes of Meeting on June 10, 2009 for the Investment Advisory Board. Board Member Rassi requested that a correction be made to page 7, first sentence, changing the sentence to read: Mr. Falconer advised that he,wilt investigate the waiving of the $:00,000 j1100k collateral 'requirementon.investments _smaller, Board Member Moulin requested that the following corrections be made to page 2, first sentence: The portfolio maturity decreased 40M 15 days to 54 days, with three higher yielding investments maturing causing the yield to drop below 1 %, with the overall investment portfolio yield ending I ... I MOTION: It was moved Board Members Rassi/Olander to approve the minutes of June 10, 2009 as amended. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for May 2009 Mr. Falconer presented and reviewed the staff report advising the Board that the May 31" portfolio balance ended at $202.6 million with an increase of $28.9 million in the month of May due to the remittance of pass -through payments received from the County of Riverside. Mr. Falconer also advised that page 7 reflects the portfolio activity with the portfolio increasing from 26 days to 80 days due to the following: one maturing investment and investments made with the money received from the County, with 312 2 some of those investments in Temporary Liquidity programs, corporate notes and commercial paper. Mr. Falconer also advised that the portfolio yield continues to decline with the overall pooled investments at .92%, this being the second month below 1 %. With safety being a priority, investments continue to remain short in six-month treasuries and recent purchase of CD's invested in local banks totaling just under $1 million. Mr. Falconer updated the Board on two follow-up items from the previous meeting: 1) confirmed that the current phone numbers listed in the investment policy and for FINRA and State Corporations are current and, 2) Page 9 reflects additional detail on the cash flow analysis, reflecting three additional categories, Silverrock Fund, RCTC Fund and the Library Fund. In response to Board Member Moulin, Mr. Falconer advised that RCTC is an acronym for the Riverside County Transportation Commission. In response to Board Member Rassi's comments from the previous meeting regarding CD's, Mr. Falconer advised that the CD's purchased were under $250,000 and staff did not waive any FDIC insurance. General discussion ensued amongst the Board regarding the CD's. yield and the waiving of the FDIC insurance and the security. In response to Chairman Ross, Mr. Falconer advised that the acronym TLGP will be spelled out and reflected on the next report. General discussion ensued amongst the Board and staff regarding the timing of the purchase of the CD's. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for May 2009. Motion carried unanimously. B. FY 2009-2010 Meeting Schedule Chairman Ross presented the meeting schedule for the Board's review and comments. Mr. Falconer complemented the Board on their thorough review of the Treasurer's Report and the investment policy and advised that 313 3 the meeting schedule presented reflects a monthly meeting in line with the city's ordinance but the Board has the option to go dark, as the Council does, in the month of August. In addition, Mr. Falconer asked the Board if they would like to consider a new meeting time as well. General discussion ensued amongst the Board regarding the meeting schedule presented in addition to an alternate meeting time. It was agreed by the Board to go dark in the month of August, and to change the current meeting time from 4:30 p.m. to 4:00 p.m. MOTION - It was moved by Board Members Rassi/Olander to approve the Fiscal Year 2009-2010 meeting schedule as amended going dark the month of August as well as changing the meeting time from 4:30 p.m. to 4:00 p.m. Motion carried unanimously. C. Consideration of Approval of Investment Advisory Board 2009- 2010 Work Plan Mr. Falconer gave an overview of the work plan and suggested that the Board consider adding to the work plan another item identifying a money market mutual fund in addition to possibly adding a review of the CDAR's program. Mr. Falconer advised that the work plan will be presented to the City Council at the August 41" meeting for their approval. Chairman Ross stated that the City Municipal Code states that the policy should be reviewed annually and suggested that the review of the policy also be placed on the work plan. General discussion ensued amongst the Board and staff as to whether or not the review of the investment policy should be listed as part of the work plan. Staff suggested listing the board's function within the staff report to Council as part of the upcoming fiscal year's work plan. Board concurred. In response to Mr. Falconer, Chairman Ross also suggested adding CDAR's to the work plan. Board Member Moulin suggested adding GSE's. General discussion ensued amongst the Board and staff in regards to several possible work plan items. 4 314 It was agreed upon by the Board to place the following items on the upcoming 2009-2010 work plan: 1) Responsibilities listed in the ordinance; 2) Review of LAIF and GSE's; 3) Review of Bank CD's and 4) Consideration of CDAR's and Money Market Fund. MOTION - It was moved by Board Members Rassi/Moulin to approve the proposed Fiscal Year 2009-2010 Work Plan and forward to the City Council. Motion carried unanimously. In response to Board Member Olander, Mr. Falconer advised that with the current budgetary issues of the state, staff was reassured the LAIF funds cannot be accessed. Due to safety as a priority, the Board was asked to consider other next day liquidity tools of investments. D. LAIF Conference Mr. Falconer advised of the upcoming annual LAIF Conference in October and further advised that Council has approved travel for one staff member along with two Board members to attend. General discussion ensued amongst the Board and staff regarding this year's attendees. It was decided that the first two interested Board members to notify staff would attend the conference. MOTION — No motion carried. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month -End Cash Report and other selected Financial Data — May 2009 Mr. Falconer advised that a new column was added to page 2 to reflect the Certificates of Deposit which currently reflect the CD activity as of May 31, 2009. Mr. Falconer also advised that the LAIF yields continue to decline ending the yields at 1 .26% with the quarter -to -date at 1'/2% and a decline in Treasury Bills with the current rate at .26%, with staff purchasing $20 million in six- 5 315 month Treasuries the first week of July with the current yields at that time at .30% and a purchase of $25 million the end of June with the rates at that time at .32%. Mr. Falconer advised the Board of his conversation with the state in regards to the portfolio loans on the enclosed staff report. Noted and Filed B. Pooled Money Investment Board Reports — April 2009 Mr. Falconer presented the PMIA monthly report advising that the state's fund balance currently is at $59 billion with the previous year's balance at $65 billion, with $20 billion of this balance belonging to other agencies outside the state (i.e. counties, cities, special districts ... ). Mr. Falconer advised as a follow-up to the concerns of the Board, staff contacted LAIF in reference to the A655 Loans and spoke with Pam Milliron; LAIF Administrator; she advised that all AB55 Loans are current and are paying interest. In addition, Ms. Milliron referred staff to previous emails regarding these loans, which were previously distributed to the Board along with comments from the State Treasurer and the Treasurer's assurance that all LAIF monies belong to the vested agencies. General discussion ensued amongst the Board and staff regarding the AB55 Loans and the issuance of bonds. Board Member Moulin advised staff that page 3 of the report reflects the exact same numbers as in previous months and suggested that staff contact the state to inquire as to whether the numbers have changed. Noted and Filed B. Distribution of Investment Policies for Fiscal Year 2009-2010 Chairman Ross complemented staff compiling this year's investment policy. Noted and Filed 0 316 VIII BOARD MEMBER ITEMS At this time, the visitors shared their comments. Ms. Spiritos advised the Board that she was a member of the Community Services Commission and gained an active perspective by observing the Board's meeting. Mr. Ingalls advised that prior to purchasing a home in the City of La Quinta; he reviewed the City's CAFR and complemented staff on their compilation of this report, which helped with his decision to purchase a home in our city. IX ADJOURNMENT MOTION - It was moved by Board Members Moulin/Park to adjourn the meeting at 5:25 p.m. Motion carried unanimously. Su*itted by, Vianka Orrantia, Senior Secretary 317 7 REPORTS & INFORMATIONAL ITEMS: op-o COMMUNITY SERVICES COMMISSION MINUTES July 13, 2009 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:32 pm by Chairperson Leidner. Commissioner Biegel led the Pledge of Allegiance. PRESENT: Commissioners Biegel, Brodsky, Lawrence, Spirtos Chairperson Leidner ABSENT: Commissioners Darroch and Fitzpatrick STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; and Angela Guereque, Senior Secretary Chairperson Leidner welcomed Commissioner Lawrence to the Commission. PUBLIC COMMENT None. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Biegel/Spirtos to confirm the agenda. Motion carried unanimously. PRESENTATIONS Presentation by Len Kapner and William Schinsky of ArtsOasis. ArtsOasis is a 501(c)3 non profit working under the Coachella Valley Arts Alliance, dedicated to developing the creative economy of the California Desert region. ArtsOasis believes that, properly developed, our region's multidisciplinary creative enterprises will serve to diversify and strengthen our overall economy. ArtsOasis believe our region's creative sector is uniquely positioned to boost our economy through establishment and growth of smaller businesses; increased tourism, both cultural and vacation; talent development and retention; and higher visibility on the national and global stage. A formal leadership council of arts administrators and 318 Community Services Commission Minutes July 13, 2009 -2- creative professionals has been recruited and are working to articulate its mission and develop its programs. ArtsOasis plans to help build our creative economy through four interlocked partnership projects: PROMOTE: develop and promote a web -based information resource that speaks with a coherent voice to promote creative enterprises, events and individuals locally, regionally, nationally and internationally, through traditional and new media. NETWORK: present periodic community events that bring together members of the creative economy for educational, networking and planning opportunities. ADVOCATE: with professional guidance, begin to implement the above and advocate public and private policies that encourage the growth of our creative economy. Classical KUSC-FM has provided initial funding for ArtsOasis. ArtsOasis seeks additional support from stakeholders who recognize, support and are likely to benefit from the long-range economic potential we have identified. Commissioner Spirtos asked what the ArtsOasis was looking for from the Commission. Mr. Kapner stated they were looking for advocacy and financial support. Director Hylton stated staff would send them a grant application for the next quarter. APPROVAL OF MINUTES 1. Approval of June 8, 2009 Minutes Motion — It was moved by Commissioners Brodsky/Spirtos to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR - None. PUBLIC HEARING - None. BUSINESS ITEMS 1. Election of Chairperson Director Hylton presented the staff report. Commissioner Brodsky nominated Commissioner Spirtos. 319 Community Services Commission Minutes July 13, 2009 -3- Motion — It was moved by Commissioners Brodsky/Leidner to elect Commissioner Spirtos as Chairperson for the Community Services Commission. Motion carried unanimously. 2. Election of Vice Chairperson Director Hylton presented the staff report. Commissioner Spirtos nominated Commissioner Biegel. Motion — It was moved by Commissioners Leidner/Spirtos to elect Commissioner Biegel as Vice Chairperson for the Community Services Commission. Motion carried unanimously. Commissioner Leidner turned the meeting over to Chairperson Spirtos. 3. Consideration of Art in Public Places Projects by the Stone Foundation Director Hylton presented the staff report. Roger Hopkins was present from the Stone Foundation. Mr. Hopkins presented two stonework proposals for Art in Public Places: one at the Civic Center Campus and the other at the top of the cove. Mr. Hopkins stated the Stone Foundation is based out of New Mexico and has approximately 800 members. The Foundation is expecting approximately 150 to attend a conference which may be held in La Quinta. The proposal submitted is negotiable. Commissioner Biegel stated that the Commission did not seek this proposal and since development is at a stand still the City is not receiving any additional APP fees from developers at this time. She stated it would be nice to see some art projects at SilverRock Resort and in North La Quinta. Commissioner Brodsky noted that the Foundation is asking the Commission to spend more than half of the APP balance on one project. He asked Mr. Hopkins if this project would be a non profit project. Mr. Hopkins stated that this project is not profit oriented. The Foundation is trying to defray the costs of fees for the conference. Chairperson Spirtos stated that this was an interesting art project, but the City can not use APP funds to offset conference costs for entrants. Motion — It was moved by Commissioners Biegel/Brodsky to not recommend the Artful Wall(s) or the Cerro Lagardo and do not appropriate any Art in Public Places funds for the project. Motion carried unanimously. 320 Community Services Commission Minutes July 13, 2009 -4- 4. Consideration of a Glass Tile Mural at Plaza Calle Tampico Director Hylton presented the staff report. Larry Cush presented the glass tile mural proposal to the Commission. Mr. Cush stated that the glass will be '/4" thick and will be done in sectional glass. Commissioner Lawrence asked how the mural could be secured from vandalism. Mr. Cush stated that the glass could be broken but they are repairable and can be replaced. Commissioner Biegel asked about lighting the mural. Mr. Cush stated that the developer is looking into lighting the mural from the top of the portal. Chairperson Spirtos asked who owns the replacement pattern in case any pieces are broken. Mr. Cush stated the pattern can be archived with notes and colors for future use. Motion — It was moved by Commissioners Biegel/Brodsky to recommend the purchase of the glass tile mural at Plaza Calle Tampico for $10,000 using APP funds. Motion carried unanimously. STUDY SESSION — None. DEPARTMENT REPORTS 1. Monthly Department Report for June 2009 COMMISSIONER ITEMS 1. Report from Commissioners Regarding Meetings Attended. 2. Calendar of Monthly Events PUBLIC HEARING — None. OPEN DISCUSSION Chairperson Spirtos suggested commission members attend other board and commission meetings. ADJOURNMENT It was moved by Commissioners Brodsky/Lawrence to adjourn the Community Services Commission meeting at 7:12 p.m. Motion carried unanimously. 321 Community Services Commission Minutes -5- July 13, 2009 NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on September 14, 2009 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. Submitted by: *ON --- Angela Guereque e' Community Services Senior Secretary 322 Department Report: i' A a, F -N OF T� TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager - Management Service DATE: October 6, 2009 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the September 15, 2009 City Council meeting: 1. Ralph Garza, 77-600 Calle Tecate, expressed concern of fence constructed around air conditioning and ducts on neighbor's sloped roof. He requested the improvements be made and built according to the Municipal code. Mayor Adolph directed Mr. Garza to speak with Planning Director Johnson and Building and Safety Director Hartung, who were at the meeting. Council Member Henderson suggested staff discuss this matter further and report back to the City Council. 2. Gene H. Aviles, 78-370 Highway 111, owner of REA Day Spa Salon, stated his salon has lost customers due to the construction at Highway 111 and Point Happy. He stated he was not contacted by staff prior to the construction and expressed concern of the timeframe and management of the project as access to Point Happy has been reduced to one exit. 323 11 e DEPARTMENT REPORT: TA' uAf z 4 4 QuINZ MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant City Manager — Development Services DATE: October 6, 2009 N(,/�'//�/l SUBJECT: Quarterly Marketing Report Per the City's contract with Furino/Greene Creative, the first Quarterly Marketing Report for Fiscal Year 2009-2010 is attached. 324 9 Marketing Plan First Quarter of Fiscal Year 2009-2010 Implemented by Furino-Greene Creative, Inc. 2009 Palm Springs Life Advertorial for October Progress Issue - Wrote and coordinated photography for the City's advertorial in Palm Springs Life's annual October Progress Issue. (See attached) CVEP Sponsorship Ad - Created half page ad for the Coachella Valley Economic Partnership's program as part of the City's sponsorship of the annual Coachella Valley Economic Summit taking place October 23, 2009. (See attached) New Construction Marketing Campaign: Developed and implemented a complete marketing strategy to assist the businesses affected by the 4-month construction project on Highway 1 11 west of Washington Street. Program included public relations and a radio campaign with six stations that included many leveraged added -value elements such as live remotes, web coupon pages and on -air interviews. PlaylnLaQuinta.com Website: Through August, oversaw the online hotel pay -per - click cooperative program, presented an update to hotel marketing partners at a special meeting and monitored the program. In September, coordinated transfer of the site to a new host and upgraded internal databases and the • implementation of a new national hotel pay -per -click program. (See attached) 325 ICSC Conference Assistance: Updated La Quinta Shopping Map for use at the Conference. (See attached) New City Display: Designed and coordinated production of a new City of La Quinta 3-part banner element for use at Trade Shows. (See attached). Cooperative Program for City Businesses: Developed a new program whereby local La Quinta businesses can participate in a variety of cooperative advertising buys as a partner with the City. The Program will be presented to all businesses via a "La Quinta Co-op Catalog" to be distributed through a series of meetings, the Mayor's Luncheon and U.S. Mail. ® Public Relations - Wrote, edited and distributed press releases and provided follow-up to secure coverage of the following topics (see attached Press Logs): - Construction Announcement (Initial Release and Updates) - Honest Abe Show at the Museum - Recycling Exhibit - National Night Out - Vista Dunes Award - Tiki Excursion - Don Wildman at the Museum Bob Hope Classic Sponsorship - Provided marketing consulting services in relationship to the City Sponsorship of the Bob Hope Classic. CVA- Participated in a meeting with the CVA and consulted on cooperative opportunities. • 326 4 2010 City Calendar -Developed anew look and creative design for the City Calendar; coordinated a photo submission program for local residents. Currently in design, and on track for mailing to residents in mid -November. Tourism Website - First update will be to change -out photos, update Shopping Map and database, and redesign Dining page. Additional changes are ongoing. Airport Baggage Claim Display - As part of a cooperative advertising effort, currently evaluating available displays at the Palm Springs International Airport. Once partners are secured and display location is selected, design will begin. • Golf Cart Program Brochure - Will design and produce a brochure for the City's new golf cart program. Bob Hope Classic Sponsorship - Expanding various marketing efforts. Designing regional ads promoting hotel/golf/event packages in the Southern California market. La Quinta City Report - Topics are currently under review and newsletter copywriting and design will begin in early October for fall issue. City newsletter scheduled to be mailed to La Quinta residents in late October. Calendar of Events Rack Card - Updating brochure that appears in Coachella Valley visitor's centers and hotels promoting key events/activities in La Quinta. Public Relations - Have several strategic releases planned, including but not • limited to train exhibit at the Museum and construction updates. 327 O The Gem of the Desert Shines On Q z pe BY ANDREA CARTER With the widening of Highway Ill just west of Washington Street, the city's main artery now runs six lanes through La Quinta — creating a smoother traffic flow. Mayor eflections of progress abound throughout the city of La Quinta, fool the impressive new Eisenhower Don Adolph facility in the northwest quadrant to major street improvements in a number of La Quinta thoroughfares, including the widening of Highway 111 just west of Washington Street. These efforts, Mayor Pro Tem and many others, signify the city's commitment to excellence — even in uncertain times — and keep Terry B. Henderson La Quinta shining as a true "Gem of the Desert" The current expansion of I lghway I 1 I in the Point Happy area marks the final cliaptei of Highway I I I Council Members improvements in the city. Upon completion, the entire stretch of Highway I I I that nets through La Quinta Linda Evans will be six lanes wide and more easily traversed. This roadwork, which also entailed major rock removal and Kristy Franklin the creaoou of a beautiful city entrance, is the culmination of several improvements that provide for a smoother Stanley Sniff traffic How alnng this main artery'. Year Incorporated just north of the Point Happy roadwork, at Washington Street and Miles Avenue, is the new Eisenhower 1982 George and Julia Argyros Health Center. Pilling a growing need in the eastern part of the valley, the facility is slated to open in spring 2010, The three-story, 92,000-square-foot medical building will ultimately house an Population urgent core, imaging center, laboratory, pharmacy, radiation oncology center, and physician offices. 43,778 And although times are challenging these days for all types of businesses, a variety of shops, restaurants, and services are making their way to La Quinta. The city has welcomed P ockin' Baja Coastal Cantina, Devane's Old Median Household Town, Souplantation, CVS Pharmacy, Yogurt Island, Tea House and Wine Bar, Sam's Sushi, Panda Express, Income Applebee's, Mimi's Cafe, and many others. Incoming businesses include The Carlyle Deli, Viva Cantina, and the $72,452 Paper Paper Stationers— all destined to enhance the dining and shopping experience in La Quinta. Despite the overall downturn in retail sales, La Quinta continues to thrive in comparison to other valley cities www.la-qulnta.org and is increasing its market share with the help of anchors such as Walman, Target, Home Depot, Lowe's, Costco, MF Focus on the Coachella Valley �) 6 (� ) O SPECIAL ADVERTISING FEATURE C1 Sam's Club, and Best Buy. Years of effective planning and economic development efforts have resulted in the building of a solid retail base, which strengthens La Quinta s econonry during difficult times. The city has also placed the support of local businesses as a top priority for the upcoming fiscal year. A new cooperative marketing program, underwritten by the city, will offer businesses a chance to participate in special advertising packages that leverage their advertising dollars and allow them to take advantage of a variety of effective and enhanced marketing opportunities. The city also launched www.playndaquinta.conr, a Web site geared toward attracting tourists by promoting hotels, shopping, dining, and special events in La Quinta. Other business support strategies include the installation of signs along major city roadways directing visitors to the downtown La Quinta Village and working with Imperial Irrigation District and Southern California Gas Co. to develop incentives for businesses to participate in energy -reduction programs. In fact, the city views its green initiatives as key programs for stimulating La Quinta's economy. Partnering with local energy providers to help residents and businesses consume tewer resources and save money is certainly of benefit ro the environment — and makes good business sense. La Quinta continues to be a city of progress — where the quality of life is second to none. There is much to explore and adore in this true "Gem of the Desert." Conservation partnerships with Imperial Irrigation District, Burrtec Waste and Recycling, Southern California Gas Co., and Coachella Valley Water District have resulted in new rebate and other incentive programs. One particularly innovative program was developed out of direct collaboration between CV W D and the city. This pilot project provides rebates to qualifying La Quinta homes that convert grass lawns to more water -efficient desert landscaping. Workforce housing projects such as Vista Dunes Courtyard Homes and Wolff Waters Place have also incorporated progressive building techniques, which include some of the highest conservation -based standards available today. As the largest multi- family, affordable housing project in the country to achieve LEED Platinum certificatioo, Vista Dunes has received .several industry awards including an Award of Excellence from the California Redevelopment Agency and three Golden Nugget awards from Homebuilding's Premier Tradeshow and Conference. Wolff Waters Place includes drought -tolerant landscaping, high- efficicncy water fixtures, low -flush toilets, insulated water lines, and solar water heating. The 218-unit housing development contains a community room with a daycare center, computer lab, swimming pool, basketball court, and several play areas. Focus on the Coachella Valley 29F 329 7 QI J The Gem of the Desert Shines On I- 77 no sba i I � I Aa.3 ♦� , , 01 Top: One of the city's premier attractions is the La Quinta Museum, hosting special events and traveling exhibits that showcase everything from eclectic tea pots to astronomy. Bottom: Veteran actor William Devane and his son Josh have brought Italian favorites vane's Old Town. Green thinking by city leaders has also paved the way for smart land -use planning. The golf greens at SilverRock Resort are about to get even greener with an intrepid concept that will transform barren desert land surrounding the Arnold Palmer Classic Course at SilverRock into bountiful farmland producing turf and vegetable crops while offering a smarter solution for dust control. Of course, what really shines the spotlight on SilverRock is its status as a home course of the 2010 Bob Hope Classic a star-studded golf tournament that will be played exclusively in La Quinta. PGA pros have been known to favor SilverRock's pristine conditions and enjoy warming up and playing practice rounds on this championship course. Many events surrounding the Bob Hope Classic will draw golf and celebrity fans to La Quinta in January— putting the city at the center of a nmjor, nationally televised event. While golf is undoubtedly one of La Quinta's best -loved pastimes, a variety of recreational opportunities abound. In tune with the Santa Rosa and San Jacinto Mountains National Monument that surrounds it, the city places a strong emphasis on trail improvements and is working on a trails plan for the top of the Cove and the Whitewater Channel. A Community oServices Master Plan has been implemented, which focuses on a parks, health, and tiptess programs, as well as arts, cultural, and educational experiences. The city is currently exploring land - acquisition for additional park facilities and is in the process of designing and building two new dog parks. The charming Village area of La Quinta continues to develop and attract visitors and residents. A new certified ofarmers market made its mark in Old Town La Quinta this past Fyear and will be back for a second season. The market draws 30F Focus on the Coachella Valley 330 L SPCCIAL /sDVERTISING FEATURE ® crowds of regulars each Sunday, September through May, and fills Main Street with fresh produce, flowers, breads, and other specialty items. At the west end of the Village is one of the city's premier attractions: the La Quinta Museum. Since its opening, the museum has generated a buzz around the valley due to a host of unique exhibits and special events. Showcasing everything from eclectic teapots and La Quinta pioneers to astronomy and Abraham Lincoln, the museum keeps exhibits fresh by rotating them every few months. It features great indoor and outdoor spaces ideal for a variety of events such as First Fridays (October through April). The La Quinta Village is also a popular venue for cultural activities such as the La Quinta Arts Festival and Art Under the Umbrellas — presented by La Quinta Arts Foundation and live theater offered by La Quinta Playhouse in Old Town La Quinta. The La Quinta Chamber of Commerce's car show attracts antique car hobbyists to the La Quinta Village each spring, andjoining the car aficionado .scene this year are an antique auto show at Embassy Suites in November and the Desert Contours d'Elegance at La Quinta Resort in February. As La Quinta gains popularity and its population and tourism base expand, public health and safery remain the city's top priorities. The construction of Fire Station 32 will bring an 8,000-square-foot fire station to Avenue 53 and Desert Club Drive. The location will improve emergency response times to its service area, which encompasses La Quinta Cove and central La Quinta. La Quinta continues to be a any of progress where the quality of life is second to none. There is much to explore and adore in this true "Gem of the Desert." ❑ LL � ...a��1 't1 �I �� J�� 'M•�V` 4 1 �•e The new Wolff Waters workforce housing development incorporates high -efficiency techniques to minimize utility bills. It features a swimming pool, community room with a daycare center and play areas. PERMANENT POPULATION „�r3�n,;- I,2009 rh-I5Id5 no 3s so 2s 20 0 1999 z000 2001 2002 2003 2004 zoos 2006 2OO7 200e ASSESSED PROPERTY VALUES emm1. $ Iz 1 9 11.8 l oT0 6s3 4.0 0 z000 zom zoaz loos z000 zoos zoos zom zone 2009 BUILDING PERMIT VALUATIONS M Ilians 3 550 300 zsa 2oa ISO 0 3�.6I 359 250� 304.6 2§lr3 2TL• 113531 1999 20UU LVUI 2UU2 [UW [uun [UU� [vuo e„u, euuu HOTEL ROOM SALES MII'i-1$ EI so 40 30 r — 20 .- -- -- -- - 0 1999 z000 zom 2oo2 oIrl 2004 Zoos 2006 zoo] 2Uoe TOTAL TAXABLE SALES F¢,I III, Millions $ 720 sec szo nzo 320 220 Focus on the Coachella Valley 31F 331 9 332 10 PP n1Ha py shoppingte ter PlaaaQuin` Shnpp_o'g [e'naer x — nr�t ywutsrxr — (760)777-7000 WWW.la-quinta.org WwW.playinlaquinta.com A 0 A 1 fi La Duinm II Resort Avenda Monte[um. 1cmtraPoivea ® Point Happy Shopping Center ® La QuinhValley Playa ® Plaza La Quints Shopping Center ED The Centre at da Quiota 3 Ia Quinta Court 9 la Quints Corporate Center FREDWARINGDR. £ ��The Pavilions at La Quints mi The Dunes Business Park zl OnOne-Eleven W Quints [cuter ®Dune Palms Plaza b at Washington Park �Y2 Centre Pointe C Jefferson Plan A Komar Desert Cents r dme'I ® Jefferson Square '3 Gi QOIPtltamer Ia Cuint. 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Applicant: Pyramid Project Management, LLC RECOMMENDATION Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program for Environmental Assessment 08-601, subject to the attached Findings; and, Adopt a Resolution of the City Council approving Specific Plan 83-002 Amendment 7, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Tentative Tract Map 36139, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 08-907, subject to the attached Findings and Conditions of Approval. FISCAL IMPLICATIONS None 339 CHARTER CITY IMPLICATIONS None BACKGROUND AND OVERVIEW Zoning: Low -Density Residential (RL) General Plan Designation: Low -Density Residential (LDR) Surrounding Zoning and Land Uses: North: Palmer Private Clubhouse South: Residential (TR 28259-1); Golf Course East: PGA Boulevard West: Golf Course/Driving Range Property Description and History: PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002)• Five amendments to this plan have since been approved. Currently, the PGA West community is almost completely developed, with the exception of a few scattered residential lots and an approximately 42-acre site near the southern terminus of PGA Boulevard, which is located immediately east of the subject property and is entitled with a 264-unit residential development (Eden Rock). The subject property is an approximately 25-acre area near the center of the community. At this time, the property is comprised of the Private Clubhouse, associated parking, nineteen tennis court facilities and a Health and Racquet Club. PROPOSAL Overview The applicant is proposing to subdivide the subject property into three separate parcels (see Tentative Tract Map discussed below for further description). The 340 PGA West Golf Villas site is approximately 15 acres in size and will consist of 54 single-family attached duplex units and a new community recreation building. The Villas project site is located on the west side of PGA Boulevard (Attachment 2, Sheet 2). Located directly to the north of the Villas project site is the Palmer Private Clubhouse, a remodel and expansion of which is currently proposed under a separate site development permit and public hearing (SDP 09-91 1). A driving range is located to the west of the Villas project site. Existing PGA West single- family homes and golf course areas are located to the south. The primary configuration of the Villas consists of duplex units clustered around a new private street (Attachment 2, Sheet 4)• Vehicle access to the Villas will be provided via a new entrance drive proposed along the eastern edge of the Palmer Private Clubhouse parking lot, which will then connect with PGA Boulevard. An emergency access will also be provided near the southeast corner of the Villas site, directly connecting with PGA Boulevard. The nineteen existing tennis courts and the Health and Racquet Club will be replaced by five new tennis courts, one of which will be a stadium court design, and a new community recreation building. Specific Plan Amendment The applicant has proposed a Specific Plan Amendment (Attachment 3). This represents the seventh proposed amendment to the original PGA West Specific Plan, and includes the re -designation of the 25-acre project area within Planning Area III from CT/RSP — Tourist Commercial/Residential Specific Plan land use to RL- (RSP) — Residential Specific Plan land use. This amendment is necessary to accommodate the proposed PGA West Golf Villas development and Private Clubhouse remodel and expansion. The amendment also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. Tentative Tract Map The applicant proposes to subdivide the approximately 25-acre project site into three numbered lots and four lettered lots (Attachment 4), Lot 1, which is approximately 9 acres, would consist of the Private Clubhouse and parking lot. Lot 2, at approximately 15 acres, would consist of the proposed 54-unit Villas community and recreation building. Lettered Lot A and Lot D are located internal to Lot 2 and provide circulation and open space areas within the proposed Villas community. Lettered Lot B and Lot C, which are approximately 0.28 acres combined, consist of open space areas along the perimeter of Lot 2. Lot 2 is the reason Tentative Tract Map 36139 is a condominium map, as the proposed 54 units are to be situated on the same lot. Lot 3, at approximately 0.5 acres, is a remainder lot that will be used for the future construction of a single-family home. This lot is not a part of the Villas community. •. 341 A new private street system will be introduced to serve the Villas proposed on Lot 2. The road network will consist of a 29-foot wide private street. The proposed street width will adequately serve two-way vehicle movement but will not allow on -street parking. In addition to the parking proposed for each villa unit and the community recreation building, 20 off-street parking spaces are proposed in five 4- stall clusters to be placed in various locations near villa units. Villas Site Development Permit Residential Units Included with this proposal are architectural plans of the PGA West Golf Villas residential units, which have been designed to reflect a modified Tuscan design, referred to by the project architect as a Tuscan Territorial Modernism architectural style (Attachment 5). The architectural elements of the Villas units includes use of flat concrete tile roofing, a variety of stained stucco and wood, stone accents, as well as steel and metal finishes (Attachment 2, Sheets 8 — 9)• Balconies, trellises, chimney accents, and other design elements provide architectural articulation to the various building facades. Each of the typical 54 two-story units has the following characteristics (Attachment 2, Sheets 5 — 7): 2,180 square feet 3 bedrooms, 3.5 bathrooms 2-car garage Covered and uncovered terraces and balconies Each duplex consists of staggered mirror images of the typical Villas unit, with identical floor plans and features, but with a slight variation in orientation. The height of the Villas units, at the highest roof ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 8 — 9)• The height of the chimney architectural projection is approximately 23'-6" in height (Attachment 2, Sheets 8 — 9). Community Recreation Building Included with this proposal are plans for the development of a 3,400 square foot community recreation building, which includes management offices, game and exercise rooms, a kitchen, lounge area, and pool and spa facilities (Attachment 2, Sheet 10). Vehicular access to the community recreation building is off of the new private street within the Villas community. Pedestrian pathways are also provided throughout the community that connects the Villas units to the community recreation building (Attachment 2, Sheet 4). A total of eleven parking spaces are provided, including two ADA-accessible spaces. Although the five proposed new tennis courts will be located adjacent to the community building, they are not an 74M amenity of the Villas. They are available for use by existing Tennis Members, and may be made available for use by Villas owners, depending on management and market analysis. The community recreation building has been designed to be architecturally consistent with the Villas and reflects a modified Tuscan architectural style. The building incorporates use of the same architectural design elements, materials and colors as the Villas. The community recreation building, at the highest ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 12 — 14). Landscaping The landscape plan for the Villas identifies a plant palette consisting of low- to moderate -water use trees, shrubs, and groundcover generally consistent with what is permitted in the PGA West Specific Plan (Attachment 2, Sheet 15). Landscaping throughout the Villas community is plentiful and is designed to complement the architecture and layout of the duplexes and community building. Areas of turf have been limited to small patches around pedestrian walkways and an expansive common area in the middle of the community. Perimeter landscaping along PGA Boulevard and Double Eagle Way, including turf areas, trees/shrubs, and perimeter walls, will be constructed to match the existing conditions. The applicant proposes the use of Mediterranean Fan Palms, Palo Verdes, Chilean Mesquites, and Desert Acacias, among others (Attachment 2, Sheet 24). A variety of small and large accent shrubs; including Red Bird of Paradise, Compact Myrtles, and Agaves, are proposed in the areas surrounding the duplex units and around the community building (Attachment 2, Sheet 26 — 28). Types of groundcover used include Desert Carpet, Purple Trailing Lantanas, and Petunias. The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 30 — 34). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. The applicant also proposes a water feature with a cascading fountain located in the center of the main entrance traffic circle (Attachment 2, Sheet 18)• PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. PUBLIC NOTICE The proposed project applications were advertised in The Desert Sun newspaper on September 11, 2009 for the September 22, 2009 Planning Commission hearing 34? and on September 25, 2009 for this City Council hearing. Two written comments were received prior to the Planning Commission hearing (Attachment 6), and to date, three have been received for the City Council hearing (Attachment 7). Most notable is a recent letter from the PGA West Master Association requesting a 6 week continuance in order to allow additional time for PGA West residents to evaluate and comment on the proposals as well as time to adequately address issues of concern identified in the letter. ENVIRONMENTAL REVIEW The La Quinta Planning Department has prepared Environmental Assessment 08- 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact be certified. PLANNING COMMISSION ACTION The Planning Commission considered this request at its meeting of September 22, 2009 (Attachment 8). The discussion points primarily focused on the architecture of the Villas and community building, as well as the phasing of construction (Attachment 9). With regards to the architecture, the Planning Commission found that the layout and design of the proposed Villas to be acceptable. Although some initial concerns were expressed, after a presentation from the project architect and discussion focusing on architectural influences within this project and within PGA West, the Planning Commission accepted the proposed architecture. Furthermore, the Planning Commission did concur with concern expressed in the staff report that the proposed building color palettes were too dark and subsequently resulted in the proposal being incompatible with the existing PGA West neighborhoods. Staff had recommended a condition of approval directing the color palette and roofing materials for both the Villas and community building be amended to represent the lighter colors typically found in PGA West. In response, the applicant proposed to the Commission during the hearing an amended lighter color palette and an amended roofing material that was ultimately accepted by the Commission (Attachment 10). With regards to the timing and phasing of construction, the Planning Commission was concerned about the availability of existing amenities during construction of the Villas and the adjacent Private Clubhouse. Specifically, the Commission did not want any of the existing amenities (Health & Racquet Club, tennis courts, etc.) to be unavailable for member use prior to the construction and operation of the new facilities. A condition of approval was added by the Commission that prohibited 344 the issuance of a demolition permit by the City for either the Health & Racquet Club or existing tennis courts prior to the issuance of building permits for construction of new facilities. After the Planning Commission meeting, the applicant submitted a letter to the Planning Department requesting to add the following text to Tentative Tract Map condition of approval #84 (Attachment 1 1): "To the extent temporary health club facilities are established during construction, this condition shall be satisfied if such temporary facilities are located within the core of PGA West, not to exceed 2,500 feet from the PGA West Private Clubhouse." If the Council determines after the public hearing that the proposed language change for condition of approval #84 is acceptable, the condition of approval will then need to be amended to reflect the change. The Commission also added a condition of approval that requires the completion of the new Villas community recreation building by the time the 30`" building permit is issued for the Villas units. Staff had recommended that the Planning Commission discuss the use and viability of a proposed water feature located in the center of the main entrance traffic circle. As part of the applicant's presentation, they indicated that the water feature had been omitted from the proposal and replaced with additional landscaping. With regards to public responses to the proposed Villas project at the hearing two PGA West residents spoke. The first expressed concern regarding the relationship of the proposed project and the local housing market. The second raised concerns regarding the timing of entitlement processing and requested that the project be considered for public hearing during the winter season when the majority of PGA West residents could be present. His additional concerns were with the "architectural vibrancy" of the Villas and the lack of architectural compatibility with the existing residences and mountain views as well as the continuing availability of amenities such as the tennis courts and fitness facilities during the project's various phases of construction. The Commission's added condition of approval regarding construction phasing and amenity requirements alleviated this issue. The Planning Commission recommended to the City Council approval of all applications on 5-0 votes for the Environmental Assessment, Specific Plan Amendment, Tentative Tract map, and Site Development Permit. FINDINGS AND ALTERNATIVES The Findings, as noted in the attached Resolutions, required by the Zoning Ordinance, Subdivision Ordinance, and CEQA, can be made, subject to the recommended Conditions of Approval. 345 The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program for Environmental Assessment 08-601, subject to the attached Findings; and, Adopt a Resolution of the City Council approving Specific Plan 83-002 Amendment 7, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Tentative Tract Map 36139, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 08-907, subject to the attached Findings and Conditions of Approval; or, 2. Do not adopt the Resolutions approving the Project; or, 3. Provide staff with alternative direction. Respectfully ubmitted, Les J n, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . PGA West Vicinity Map 2. PGA West Golf Villas Submittal Packet 3. PGA West Specific Plan 83-002 Amendment 7 4. Tentative Tract Map 36139 5. PGA West Golf Villas Architectural Design Narrative 6. Written Correspondence (prior to Planning Commission) 7. Written Correspondence (prior to City Council) 8. Planning Commission Staff Report 9. Minutes of September 22, 2009 Planning Commission Meeting 10. Revised Building Color Palette 1 1 . Letter of Request to Amend TTM Condition of Approval #84 4M CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR SPECIFIC PLAN 83-002 AMENDMENT 7, TENTATIVE TRACT MAP 36139, AND SITE DEVELOPMENT PERMITS 08-907 AND 09-911 CASE: ENVIRONMENTAL ASSESSMENT 08-601 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 6`h day of October, 2009, hold a duly noticed Public Hearing to consider a request by Pyramid Project Management, LLC to adopt Environmental Assessment 08-601, prepared for Specific Plan 83-002 Amendment 7, Tentative Tract Map 36139, and Site Development Permits 08-907 and 09-911, for the PGA West Golf Villas and Private Clubhouse located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22" day of September, 2009 hold a duly noticed Public Hearing and recommended certification of a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program, known as the PGA West Golf Villas and Private Clubhouse; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 08-601) and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact and a Mitigation Monitoring and Reporting Program should be adopted; and, WHEREAS, at upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council 341 City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 2 did find the following facts, findings, and reasons to justify adoption of said Environmental Assessment: The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 08-601. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Although development of the site has the potential to impact cultural and paleontological resources, the mitigation measures included in the project approval will reduce these potential impacts to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The project is consistent with the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. As the Coachella Valley is in a non- 1 348 City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 3 attainment area for PM10, and the development of the site will generate PM10 and this have the potential to adversely affect human beings due to air quality as well as noise impacts, several mitigation measures have been included as part of the project approval in order to reduce the impacts to a level of non -significance. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 08-601 and said assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Planning Department located at 78-495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby certify Environmental Assessment 08- 601 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Planning Department. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 61h day of October, 2009 by the following vote, to wit: AYES: NOES: 349 City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 4 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 350 CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 83-002 AMENDMENT 7, BRINGING LAND USE DESIGNATIONS WITHIN THE PGA WEST SPECIFIC PLAN INTO CONSISTENCY WITH THE CITY OF LA QUINTA'S GENERAL PLAN AND ZONING MAPS, AND ALSO TO FACILITATE DEVELOPMENT OF THE PGA WEST GOLF VILLAS CASE: SPECIFIC PLAN 83-002 AMENDMENT 7 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 61" day of October, 2009, hold .a duly noticed Public Hearing to consider a request by Pyramid Project Management, LLC for approval an amendment to the existing PGA West Specific Plan in order to accommodate plans for a 54-unit residential development consisting of single-family attached duplex units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Specific Plan Amendment and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-027, recommending to the City Council approval of Specific Plan 83-002 Amendment 7; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, 351 City Council Resolution 2009- Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 2 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan: 1. Consistency with the General Plan The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the design, height, scale and mass of the residential units and community facilities permitted in the specific plan are compatible with the goals and policies of the General Plan Low Density Residential (LDR) Land Use designation. The amendment also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. 2. Public Welfare Approval of the proposed specific plan amendment will not create conditions materially detrimental to public health, safety and general welfare as Environmental Assessment 08-601 was prepared, and certification of the Environmental Assessment is in compliance with CEQA requirements. 3. Land Use Compatibility The proposed Specific Plan Amendment incorporates land uses that are compatible with zoning on adjacent properties. The design and density regulations specified in the specific plan amendment for residential and related recreational facilities, including attached single-family duplex resort residences and community recreation buildings, are compatible with the existing single-family resort homes and recreation amenities located within the specific plan area and on surrounding properties. City Council Resolution 2009- Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 3 4. Property Suitability The uses permitted in the specific plan amendment, including attached single-family duplex resort residences and community recreation buildings, are suitable and appropriate for the subject property in that the land is relatively flat and surrounded by similar existing uses such as single-family homes. The current specific plan area is served without adverse impact by all necessary public services and utilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby approve Specific Plan 83-002 Amendment 7 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 61" day of October, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ....� r 3�:, City Council Resolution 2009- Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 4 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN 83-002 AMENDMENT 7 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan 83-002 Amendment 7 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 83-002 Amendment 7, these conditions shall take precedence. 3. Specific Plan 83-002 Amendment 7 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Planning Department. The Final Specific Plan shall include all original Specific Plan 83-002 Amendment 4 text and graphics except as amended by this action, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Director. CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 36139, SUBDIVIDING ±25 ACRES INTO THREE PARCELS FOR THE PGA WEST GOLF VILLAS AND PRIVATE CLUBHOUSE CASE: TENTATIVE TRACT MAP 36139 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 6`h day of October, 2009, hold a duly noticed Public Hearing to consider a request by Pyramid Project Management, LLC to subdivide ±25 acres into three parcels accommodating an existing golf course clubhouse, creating a single-family residential lot and a lot for the future development of 54-unit residential project consisting of single-family attached duplex condominium units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22"d day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Tentative Tract Map and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-028, recommending to the City Council approval of Tentative Tract Map 36139; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the proposed Tentative Tract Map 36139 is for condominium purposes in order for Lot 2 to accommodate the future development of a 54-unit residential project know as the PGA West Golf Villas; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project -will not have a ... ;� 350 City Council Resolution 2009- Tentative Tract Map 36139 Pyramid Project Management, LLC Page 2 significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, 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 make the following findings to justify approval of Tentative Tract Map 36139: 1 . The design of proposed Tentative Tract Map is consistent with the City's General Plan in that its street design and parcels are in conformance with applicable goals, policies, and development standards, and will provide adequate infrastructure and public utilities. Additionally, the 54-unit Golf Villas do not exceed the maximum density allowed (60 units at 4 units/acre) per the General Plan as well as the PGA West Specific Plan. 2. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat because mitigation measures and conditions of approval have been incorporated into the project approval to mitigate impacts where needed. 3. The design of the subdivision or type of improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed, based on applicable local, State, and Federal requirements. 4. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and ..,!) 35a� City Council Resolution 2009- Tentative Tract Map 36139 Pyramid Project Management, LLC Page 3 2. That the City Council does hereby approve Tentative Tract Map 36139 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 61" day of October, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 35B CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 1 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Tract Map shall expire on October 6, 2011, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of Time for Tentative Maps). 4. Tentative Tract Map 36139 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 Specific Plan 83-002 Amendment 7 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. y the City, 5. Prior to I cantsshalleobtain anydnecessaryr clearances aneces building l of any and permit tbf from the the app� following agencies, if required: Riverside County Fire Marshal 359 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 2 o Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department Riverside Co. Environmental Health Department o Coachella Valley 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. 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. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 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 (11 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"). 360 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 3 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. 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. 7. 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). 8. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. .. 361 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 4 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. 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. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 12. The applicant shall retain for private use on the Final Map all private street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) - No additional off -site private street dedication is required. 2) Double Eagle Way - No additional off -site street dedication is required except for the construction of the proposed cul-de-sac at the westerly end. 362 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 5 B. PRIVATE STREETS (ON -SITE) 1) Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width where on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. C. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN -AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the as shown on the approved rough grading plan. 14. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 363 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 6 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to PGA Boulevard and Double Eagle Way from lots with frontage along PGA Boulevard and Double Eagle Way is restricted, except for those access points identified on the Site Development Permit 2008-907, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 18. 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. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENT 20. 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. 21. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 22. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) 364 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 7 A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 2) Double Eagle Way — No additional off -site street widening is required except for the construction of the cul-de-sac at the westerly end. B. ON -SITE PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28 feet travel width where on -street parking is prohibited and adequate off-street parking for residents and visitors. The applicant will establish provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be revsbydthe by the Engineering and Planning Departments and approved Planning Department prior to recordation. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. 23. All gated entries shall be as shown on the preliminary precise grading plans prepared for SDP 08-907 and SDP 09-911 and Tentative Heart Map No. 36139 dated August 25, 2009 and as approvedy the 365 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 8 24. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 25. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials 26. 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. 27. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive) 366 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 9 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 30. 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 where new parking lot configuration is proposed 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 where new parking lot configuration is proposed 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. 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. 30 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 10 31. 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. 32. 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. 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 34. 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. FINAL MAPS 35. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. 368 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 11 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. 36. 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). 37. 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. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. On -Site SDP 2009-911 Clubhouse Expansion Precise Grading Plan 1 " = 20' Horizontal G. On -Site SDP 2008-907 New Clubhouse Precise Grading 1 " = 20' Horizontal ... 369 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 12 The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "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, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "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. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in 370 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 13 the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 38. 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. 39. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 40. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 41. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 42. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security)• CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 14 43. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements 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 completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 44. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain 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 tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. ,.. 312 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 15 45. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 46. 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 47. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements)• 48. 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. 49. 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, 313 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 16 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 Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 50. 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. 51. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches 0 8") behind the curb. 52. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 374 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 17 53. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 54. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 55. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 56. 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. 57. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. 315 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 18 58. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 59. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 60. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 61. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001 . A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. l ITII ITIFS 62. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 63. 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 316 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 19 including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 64. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 65. 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 66. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 67. The applicant shall comply with LOW Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 68. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 69. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 371 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 20 70. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both. the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. 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 unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 71. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 72. 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. MAINTENANCE 73. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 74. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. 318 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 21 FEES AND DEPOSITS 75. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 76. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 77. Tentative Tract Map 36139 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Planning Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. 78. In accordance with Chapter 3.34 of the La Quinta Municipal Code, future development permits are subject to the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee. SHERIFF'S DEPARTMENT 79. As part of the building permit review process for structures located with this map, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 80. As part of the building permit review process for structures located with this map, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the ,. 319 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 22 time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 81. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Ague Caliente THPO. 82. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MLD to determine the final disposition of the remains. 83. The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 30`h building permit within the Villas project. 84. No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139. CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 08-907, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE PGA WEST GOLF VILLAS AND COMMUNITY RECREATION BUILDING CASE: SITE DEVELOPMENT PERMIT 08-907 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 6`h day of October, 2009, hold a duly noticed Public Hearing to consider a request by Pyramid Project Management, LLC for approval of architectural and landscaping plans for a 54-unit residential development consisting of single-family attached duplex units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22ntl day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Site Development Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-029, recommending to the City Council approval of Site Development Permit 08-907; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, 381 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 2 WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 51" day of August, 2009, hold a public meeting to review and discuss architecture and landscape plans and although no consensus was reached, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1 . Consistency with the General Plan The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes an attached single-family duplex resort community as part of a previously -approved residential development which is General Plan -designated for LDR (Low Density Residential) development. 2. Consistency with the Zoning Code and PGA West Specific Plan The proposed structures, as conditioned, are consistent with the development standards of the City's Zoning Code and the PGA West Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The community is consistent with the La Quinta Zoning Map, as it proposes an attached single-family duplex resort community as part of a previously -approved residential development which is General Plan -designated for RL (Low Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC and the PGA West Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83- 002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and 38, City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 3 therefore recommends a Mitigated Negative Declaration of environmental impact and Mitigation Monitoring and Reporting Program be certified. 4. Architectural Design The architectural design aspects of the proposed Villas and Community Recreation Building provide interest through use of varied roof elements and colored roof tiles, enhanced building and facade treatments, and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. Although the modified Tuscan architecture and layout is relatively dissimilar to the existing surrounding PGA West residences, the style, as conditioned, is compatible with the existing community conditions in that the intensity of colors has been lightened and roofing material has changed from that originally proposed and they are all styles permitted in the PGA West Specific Plan. The articulated massing reflects village -like clustered style architecture, and the floor plan embraces and enhances the seasonal indoor -outdoor lifestyle, incorporating courtyards, balconies, and terraces. 5. Site Design The site design aspects of the proposed Villas community, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The Villas and Community Recreation Building are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed Villas community. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. The project landscaping for the proposed Villas, as conditioned, will unify and enhance visual continuity of the proposed 383 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 4 community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to blend with the building architecture and existing site landscaping conditions. 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 the City Council does hereby approve Site Development Permit 08- 907 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6" day of October, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 384 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 5 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 385 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 1 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 2008-907. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit 2008-907 shall comply with the requirements and standards of Chapter 9 of the La Quinta Municipal Code ("LQMC"), Chapter 13 of the LQMC, and conditions of approval for Tentative Tract Map No. 36139, as applicable. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Site Development Permit shall expire on October 6, 2011, two years from the date of City Council approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Site Development Permit 08-907 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 Specific Plan 83-002 Amendment 7 Tentative Tract Map 36139 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. 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: .... ^ 386 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 2 • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department Riverside Co. Environmental Health Department • Coachella Valley 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. 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. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 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 387 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 3 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. 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. 7. 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). 383 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 4 8. Approval of this Site Development Permit 2008-907 shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. 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. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing on -site private streets that access off -site private streets and open space/drainage facilities of the master development. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 2) Double Eagle Way — No additional off -site street dedication is required except for the construction of the proposed cul-de-sac at the westerly end. 389 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 5 B. PRIVATE STREETS (ON -SITE) 1) Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width where on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. C. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map and as approved by the City Engineer. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the Site Development Permit 2008-807 site plan and as approved by the City Engineer. E. EMERGENCY TURN -AROUND 11 The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the as shown on the approved rough grading plan. 13. Direct vehicular access to PGA Boulevard and Double Eagle Way from lots with frontage along PGA Boulevard and Double Eagle Way is restricted, except for those access points identified on the Site Development Permit 2008-907, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 390 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 6 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENT 15. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 16. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flow line shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 17. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 2) Double Eagle Way — No additional off -site street widening is required except for the construction of the proposed cul-de-sac at the westerly end. B. ON -SITE PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28 feet travel width where on -street parking is prohibited and adequate off-street parking for residents and visitors. The applicant will establish provisions for ongoing enforcement of the 391 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 7 parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN AROUND 11 The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. 18. All gated entries shall as shown on the preliminary precise grading plans prepared for SDP 08-907 and SDP 09-911 and Tentative Tract Map No. 36139 dated August 2009 and as approved by the City Engineer. 19. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. 392 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 8 Entry drives, main interior circulation routes, corner cutbacks, and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 20. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b.. or the approved equivalents of alternate materials. 21. 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. 22. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive to Clubhouse) 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 by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 25. The design of parking bays along Street A (Lot A of Lot 2) shall conform to LQMC Chapter 9.150 and in particular the following: CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 9 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 adjacent development and within the 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 where new parking lot configuration is proposed 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. 26. 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 Bays (Low Traffic) 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 27. 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. 394 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 10 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 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. 30. 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). 31. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site SDP 2008-907 New Community Building Precise Grading 1 " = 20' Horizontal 395 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 11 F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "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, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. 396 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 12 "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. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 32. 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. 33. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 34. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, 397 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 13 landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 36. Depending on the timing of the development of Tentative Tract Map No. 36139, 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 tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these 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 5th Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map for Tentative Tract Map 36139 or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. I J 8 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 14 37. 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 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. 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. 40. 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 Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 41. 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 399 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 15 either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 43. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 44. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 45. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 46. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 400 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 16 47. 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. 48. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 49. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 51. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 52. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. 401 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 17 A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. 137-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. 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. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 56. 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. 402 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 18 CONSTRUCTION 57. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 58. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 59. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 60. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 61. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. 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 unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project, in particular, perimeter turf, tree/shrub, and wall plans along PGA Boulevard and Double Eagle Way. 403 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 19 NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 62. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 63. 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. MAINTENANCE 64. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 65. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 66. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 67. 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). 68. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. SHERIFF'S DEPARTMENT 69. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and 404 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 20 public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 70. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 71. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Ague Caliente THPO. 72. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MILD to determine the final disposition of the remains. 73. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. In the community building area, all freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. '�o...r 405 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 PAGE 21 74. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground -mounted mechanical equipment. 75. All signs shall be approved under a separate sign permit/program application 76. The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site. 77. In order to accommodate tennis club members who are not Villas residents, the applicant shall install a pedestrian pathway leading from the Private Clubhouse parking lot directly to the tennis courts. The design and location of said pathway shall be shown on the Final Landscaping Plans and approved by the Planning Director. 78. The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 30`" building permit within the Villas project. 79. No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139. 406 ATTACHMENT # 3 ENDMENT VII LLAS LC e 3100 California ASLA Print date: September 16, 2009 COPY NUMBER: TECHNICAL TEAM ,LLC Square suite 3100 109 92253 ARCHITECTURE & MASTER PLANNING „ASLA, Inc. Hwy CA 92651 Avenue, Suite 350 i14 ARCHITECTS 4.i9 • SP 83-002 Amendment #7 PGA West Specific Plan Specific Plan 83 — 002 Amendment VII: PGA West Specific Plan Purpose and Intent PGA West Specific Plan 83-002 was approved by the City Council on May 15, 1984. This Specific Plan is the seventh amendment, and includes the re -designation of a 25-acre project area within Planning Area III from CT/RSP — Tourist Commercial/Residential Specific Plan land use to RL-(RSP) — Residential Specific Plan land use in order to accommodate the proposed PGA West Golf Villas development and Private Clubhouse expansion. The re -designation also brings the project area's land use designation into consistency with the City of La Quints General Plan and Zoning maps. Planning Area III consists of approximately 42 acres of developable land located on both sides of PGA Boulevard centrally located within PGA West. With Specific Plan 83-002 Amendment IV, all of Planning Area III was designated as TC — Tourist Commercial. Amendment VI, the Eden Rock development, re -designated all of Planning Area III as Resort Mixed Use (RMU) with Tourist Commercial/Residential Specific Plan overlay (CT/RSP). Amendment VI and Amendment IV remain unchanged and applicable to Planning Area III except as noted in this amendment. Amendment V was denied by the City Council, and is therefore not applicable. Amendments This amendment consists of seven (7) areas of change within the existing PGA West Specific Plan. Each proposed change is identified separately in the following pages. For each area of change, the page and location of the existing effected text or graphic is identified" and then followed by the proposed change which is either explained in a general description or illustrated by striking through the text to be deleted and highlighting with italics the text to be added. After approval by City Council, the approved changes will be incorporated into the entire PGA West Specific Plan document thus creating a comprehensive up to date plan for future reference. SP 83-002 Amendment #7°�� 4 1 PGA West Specffic Plan Areas of Change A and B Areas of Change A and B are located on page 2.14 of Specific Plan 83-002 Amendment IV as identified in the following Figure 1. Figure 1 - Areas of Change A and B (Existing Specific Plan Page 2.16) A I n In Area III The Resort Core is the hub of the PGA WEST community and is planned to contain a range of visitor and tourist -serving uses, and includes a maximum of 1,000 units at a 65 ft. maximum height in a combination of resort units and/or condominiums, resort lease or rental units, condo -hotel units, and/or apartment/condomind ooaege units. Although the TC zone does not Area limit number of units, Planning Area M is limited to 1000 units. Typical Tourist Commercial land uses in the Resort Core may include resort hotel use, resort serving restaurants, clubs, and support facilities, resort serving men's end ladies' apparel, resort serving beauty salon/barber as well as professional office uses and other ancillary a I II I -A TABLEa PIANNMGAflEA III - LAND USE PGA WEST Specific Plan Amendment IV Core Area GEN.ER TC - Tourist Commercial TC 65 1000JIT' TOTALS 65 1000lamgh tlw TC une does mm�mmnlly limit number ofwiln,PWmivg M•lll uluniredm1000nvitt. 214 PGA WEST-AmeadmUs IV 411 SP 83-002 Amendment #7 PGA West Specific Plan Area of Change A consists of the deletion of the existing text to be replaced with new text reflecting the primary uses permitted in new residential land use designations within Planning Area III. This change is illustrated in the following Figure 2. Figure 2 - Area of Change A (Proposed Changes) All text in the area of change is to be deleted and replaced with the following: Planning Area III provides for a range of residential housing types consistent with the Residential Specific Plan designation established. Typical land uses may include the following in addition to other housing types: • Single family detached units • Single family attached units • Condominiums Area of Change B consists of Table 3 "Planning Area III — Land Use", which shows the number of acres and maximum number of residential units of each land use designation within Planning Area III. The proposed change updates these numbers in accordance with the proposed land use designations that are a part of this amendment. This change is illustrated in the following Figure 3. Figure 3 - Area of Change B (Proposed Changes) TABLE 3 PLANNING AREA Ill -LAND USE PGA WEST Specific PlanAme dmeta l'd el-ty" TOTALS br 67 -466110' Per Specific Plan 83-002 Amendment VI RL-(RSP) - Residential Specific Plan RL-(RSP) 25 -i DU/AC RMU - Resort Mixed Use ' RMU 42 16 DU/AC row. l 412 SP 83-002 Amendment #7 PGA West Specific Plan Area of Chance C Area of Change C is located on page 2.16 of the Specific Plan 83-002 Amendment IV as identified in the following Figure 4. Figure 4 - Area of Change C (Existing Specific Plan Page 2.16) Planning Area V Planning Area V addresses land use for the Hillside Conservation area 4Y� �1 1 �� II III TABLES PLANNING AREA V - LAND USE PGA WEST Specific Plan Amendment IV Hillside Conservation Area OS(HC) - Open Space OS 12 — — TOTAL 12 IC TABLES LAND USE SUMMARY TOTALS LAND USE ZONE ACRES RESIDENTIAL RESORT DENS11 y UNiTS UNITS Low Density Residential RL 946 3760 — 4 DU/AC Medium Density Residential RM 22 176 — 8 DU/AC Golf Course/Open Space GC 648 — — — Tourist Commercial TC 65 — 1000 — Hillside Conservation OS(HC) 12 — — — TOTALS 1607 3936 1600 2.16 PGA WEST -Ammdmud IV 10 SP 83-002 Amendment #7 0. PGA West Specific Plan 413 Area of Change C consists of Table 6 "Land Use Summary Totals", which shows the number of acres and maximum number of residential units of each land use designation within the overall specific plan area. The proposed change updates these numbers in accordance with the proposed land use designations that are a part of this amendment. This change is illustrated in the following Figure 5. Figure 5 - Area of Change C (Proposed Changes) TAM 6 LAND USE SUMMARY TOTALS MAXIMUM Low Daft E sklIca al RL fib• s66 3860 — 4 DU/AC Me&= Rewdeotral RM 22 176 — 8 DU/AC Golf Comwopmspace GC 648 - -49- Hillside Conservation OS(HC) 12 — - TOTALS �i9161689 4MMW 4708 \ Resort Mixed Use RMU 42 672 16 DU/AC SP 83-002 Amendment #7 _ 414 PGA West Specific Plan Areas of Change D and E Areas of Change D and E are located on page 3.2 of Specific Plan 83-002 Amendment IV as identified in the following Figure 6. Figure 6 - Areas of Change D and E (Existing Specific Plan Page 3.2) Zoning and Development Regulation and Standards by Planning Area Zoning and Development Regulation and Standards are presented for Planning Area I through Planning Area V as delineated in the Planning Area Exhibit and are presented in the following order: Planning Area 1 RESIDENTIAL SPECIFIC PLAN RL-(RSP) USES AND STANDARDS Description of Uses in Planning Area I Zoning and Development Regulation and Standards in Planning Area I Planning Area II GOLF COURSE/OPEN SPACE II (GC) PASSIVE AND ACTIVE RECREATION AREA Description of Uses in Planning Area II Zoning and Development Regulation and Standards in Planning Area II Plannl Area III D S RCIAL {RSP)US S Description of Uses in Planting Area III Zoning and Development Regulation and Standards in Planning Area III Planning Area IV MEDIUM DENSITY RESIDENTIAL RM USES AND STANDARDS Description of Uses in Planning Area IV Zoning and Development Regulation and Standards in Planning Area IV Planning Area V HQ.LSIDE CONSERVATION HC (HC) AREA Description of Uses in Planning Area V Zoning and Development Regulation and Standards in Planning Area V E I ®. 3.2 PGA,jAn.=.b.�'WEST • SP 83-002 Amendment #7 r 4 PGA West Specific Plan 1 ;) The proposed change for Area of Change D consists of the replacement of the title reference to the Tourist Commercial land use designation with the updated Resort Mixed Use and proposed Residential Specific Plan RL designations. This change is illustrated in the following Figure 7. Figure 7 - Area of Change D (Proposed Changes) RESORT MIXED USE (RMU) AND RESIDENTIAL SPECIFIC PLAN RL-(RSP) USES AND STANDARDS Description of Uses in Planning Area III Zoning and Development Regulations and Standards in Planning Area III The proposed change for Area of Change E is the removal of the existing map which will not be replaced. 41_6 SP 83-002 Amendment #7 PGA West Specific Plan Area of Change F Area of Change F is located on page 3.5 of Specific Plan 83-002 Amendment IV as identified in the following Figure 8. Figure 8 -Area of Change F (Existing Specific Plan Page 3.5) ATTACHED RESIDENTIAL DEVELOPMENT STANDARDS Minimum Lot Size 6500 sq/ft Maximum Structure Height 28 ft. Maximum No. of Stories it Minimum From Yard Setback 15 ft.' Minimum Garage Setback 15 fl.' Minimum Interior/Exterior Side Yard Setbacks 5110 ft. Minimum Rear Yard Setback 15 fL'•• Minimum Livable Floor Area Excluding Garage 1400 sq/ft • Pmjecta with tm w mom dwelling umu rhea inompmste f ont setbacks varying bdweea 15 IL and 25 ft. its orda b avoid strecbctpe mommuY, whom feasible. *•Swinvrtwg pools am allowed to be constructed to rear yard property lines subject to approval by golf course owner or open".. Projects with 30 m am dwelling nub shall htcorymab common area pools inchating ancillary ten room fmhdm at a ratio of nm be; than i pool per 30 units. 'Earning buildings may be more Wan rote story. ' 20 & if Yoll-up" tyw street door is used facing street Units with aide entry garages shall bow a minimum aetbsck of 15 @. ' Iloits with Golf /Open Space 6onta8e shall allow architectural projections no ebsa to the teaYard line than the 10' mill reayard in my area subject to appmral by Ofcomse owner or operator Maximum Structure Height 28 ft. Maximum Number of Stories I Minimum Perimeter Building Setbacks from: Perimeter Residentially Zoned Property 20 ft.] Abutting CommerciaVOther Non -residentially Zoned Property 10 ft.' Minimum Setback from interior Property Lines within Same Project 0 'Minimum nuimtlrrbuilding setbeck shall be 5 n from abutting property with approval ofCeomnmity Development Description of Golf / Open Space Use In Planning Area I Within the overall plan boundary, Planning Area I development includes uses and standards for Private and Public Golf and County Club facilities as well as ancillary PGA West supporting recreational uses. Atypical example of this secondary allowable golf use would be the 19th hole of the Tom Weiskopf Course. Golf Course i Open Space (GC) Uses and Standards A. Purpose and Intent To provide for golf course open space areas within the PGA West community. B. Permitted Uses. The following uses shall be permitted in the areas designated as Golf Course Open Space on the Land Use Plan. PGA WEST - AmendmentIV 3.5 a... 417 SP 83-002 Amendment #7 PGA West Specific Plan The proposed change to Area of Change F consists of the existing Golf Course/Ancillary Building Development Standards table and consist of adding two (2) footnotes. The purpose for the new footnotes is to correct an inconsistency between the previous text and the existing built environment by recognizing the existing 45 foot high two story clubhouse facility currently constructed in Planning Area III. This change is illustrated in the following Figure 9. Figure 9 - Area of Change F (Proposed Changes) G,W p COUFAEjopEN SPACE ANCILLARY OURDDIG DEVELOPMENT BTANDARDS Maximum Structure -Height 28 ft. Maximum Number of Stories I Minimum Perimeter Building Setba b from: 20 ft.' Perimeter Residentially Zoned Property Abutting Commercial/Other Non residentially Zoned Property 10 ft.' Minimum Setback from Interior Property Lines within Same Project 0. Rr&ninam paiadvbm ftS scft& aMn be 5 & flan ab=M ply wbh approval of COMMU V Davatapo M DffC"Sjvaaadaquwbo andsommmg. • Maximum structure height for Goff Courselopen Space Ancillary buildings within Planning Area III is 45 ft. Maximum number of stories for Goff Course/Open Space Ancillary buildings within Planning Area 111 is 2 418 SP 83-002 Amendment #7 PGA West Specific Plan Area of Chame G Area of Change G is located on pages 3.9 to 3.13 of Specific Plan 83-002 Amendment 1V as identified in the following Figures 10 to 14 Figure 10 - Area of Change G (Existing Specific Plan Page 3.9) //.3.1.3 PlanninIV Area III Y TOURISTCOIv1MERCIALTC• SP USES I G II Description of Uses In Planning Area III ,Within the overall plan boundary, Planning Area III encompasses development uses and standards for the PGA WEST Resort Core and Private and Public Golf and County Club -facilities as well as ancillary PGA WEST supporting recreational uses. Planning Area III of the Land Use Plan presently has, within its boundaries, one underlying zone - Tourist •Commercial TC - (RSP). Tourist Commercial Specific Plan TC{pSP) uses and Standards 'The following sections establish the permitted land uses and development standards for 'property designated as TC-(RSP) within Planning Area III as depicted on the Land Use Plan. ,,The Tourist Commercial Specific Plan TC-(RSP) overlay addresses all land within the PGA ,,WEST Resort Core. .A. Purpose and Intent. To provide for the development and regulation of a range of specialized commercial and tourist serving residential uses within the PGA WEST Resort Core oriented to tourist and resort activity. Representative land uses include destination resort hotels, conference -oriented hotels and motels, eating and drinking establishments, accessory retail and personal service shops, and supporting recreational uses. •& Permitted Uses. Permitted uses for land designated Tourist Commercial Specific Plan TC-(RSP) on the Land Use Plan and/or Proposed Zoning exhibits as either TC or TC-(RSP) includes all currently existing resort serving uses and all allowable uses delineated in the La Quinta Zoning Ordinance Tourist Commercial District. .C- Temporary A Interim Uses. Temporary events that accommodate 500 to 2,500 people shall not be subject to a TUP application, provided the event organizer obtains written approval from the following agencies or departments a minimum of 14 days prior to the PGAWM-A.0.I&I pIV 3.9 41.9 SP 83-002 Amendment #7 PGA West Specific Plan Figure 11- Area of Change G continued (Existing Specific Plan Page 3.10) - of 14 or to the approval from the following agencies or ire Department departments a t minimum days he event occurring (i.e., Riverside County Fire Department, Riverside � imice Department, La Quints Building and Safety Departmem, La Quints events COMPI that have 2,30to Department, Le Quirts Public Works Department). Temporary 10,000 people in atendance"require a TUP application to be processed and approved by the City's Community Development Department, subject to the requirements of Section 9. too.140 of the Zoning Ordinance. Applications for large temporary event shall be submitted to the City of Le minimum a minimuof 30 days Prior taking place. Temporary office/retarl buildings, other then temporary construction offices. shall require a Site Development Permit application, subject to the rcquiremems of Section 9.210.010 of the City Zoning Ordinance. Approval of the temporary buildings by the Planning Commission is required. Tempormry construction offices and their related facilities shall be subject to TUP application as required by Section 9.100.140 of the City's Zoning Ordinance. Approval of the temporary use by the Community Development Department is required- D. Accessary Uses. Resort golf, hotel, and residential maimenaace facilities and sites. Signs, fences and wells, subject to the design criteria set forth in this Specific Plan document. Satellite dish and other antennas, subject to this Specific Plan & OiherARowable Uses. Communication towers and equipment, subject to this Specific Plan. Water wells and pumping stations, water tanks and reservoirs, public flood control facilities and devices. All recreational uses and functions commonly associated with golf and golf events. R Development Smrdardc The following development standards apply to properly proposed for development designated on the Land Use Plan and/or Proposed Zoning exhibits as either TC or TC{RSP) and as described within the text of this Specific Plan. Standards are established for both Resort Residential and Commercial building and uses within Planning Area III. G. Allowable FAR. The maximum FAR allowance in areas designated TC-(RSP) is determined by the City's General Plan Land Use Element Planning criteria such as mandatory parking, building setbacks, and other site -specific design criteria which are governed by development standards delineated herein. Tourbt Commercial Reeldemtal Building Standards —TOMV) l to all land The Tourist Commercial Residential Specific Plan (TC-RSP) standards apply within Planning Area III as described within the text of this Specific Plan. A total of 1,000 (TC Residential) units too allowed within Planning Area III. roe WEST -Aar ry 3.10 4?0 SP 83-002 Amendment #7 PGA West Specific Plan Figure 12 - Area of Change G continued (Existing Specific Plan Page 3.11) HOTEL RESIDENTIAL DEVELOPMENT STANDARDS Minimum Land Area per Unit for Multifamily Dwellings 1500 sq/ft Minimum Project Size for Multifamily Projects 10,00 sq/ft Minimum Frontage for Multifamily Projects Memmum Structure Height 40 fL Maximum Number of Stories 3 Minimum From Yard Setback 15 V Minimum Garage Setback for Single Family Attached 25 W Minimum buerior/Exterior Side Yard Setbacks 10/15 ft. Minimum Rear Yard Setback 20 R Maximum Lot Coverage Minimum Livable Floor Area Excluding Garage 0% 750 sq/ft vpojwewithtmmmme dwelan6 waNshell k_p_Nta fimt r*-b vnyma between 15 and 25 faamor mom is order m era+d etmeneFOII-wW" mYPa i gW u s, dmrunmd U.UwdheideaovyeueWsbeahevoemhdmm�WRba*ofl5 'IOd Nt TomNu Cotmmarclal Sulldbp Standards —TC Development Standards for all other buildings other than residential structures within Planning Area M shall conform to the following standards. These standuds apply to all land within Planning Area 111 designated TC-(RSP) as described within the text of this Specific Plan. HOTEL DEVELOPMENT STANDARDS Maximum Building Height 65 ft. Maximum Number of Stories 6 Minimum Budding/Landscape Setback from: Perimeter Street Rights -of -Way 20115 ft. Abutting Residential, OS, and GC districts 10/0 ft. Gamge/Carport Setback- from Street Curb 5 ft Minimum Building Setbacks from Interior Property 0 ft., Lines Within Same Property tuA WEST-Ameodmrm w 3.11 421 SP 83-002 Amendment #7 PGA West Specific Plan Figure 13 - Area of Change G continued (Existing Specific Plan Page 3.12) HOTEL COMMERCiAL DEVELOPMENT STANDARDS Maximum Building Height 'w ft Maximum Number of Stories in an All -Commercial Use Building 3' . Minimum Building Setback from: 15 ft. PGA Boulevard Rights -of -Way t10 ft. Commercial Serving Sneer Rights -of -Way Abutting Residential, OS, and GC districts ft Minimum Exterior Side Yard Setbacks Between Buildings to ft. Litres Within Same Property C,om n=W UMW mowed op my fim of die Re mt HOW rauceues. L Reran Uses All allowable commercial uses described in the La Quinta Zoning Ordinance in addition to those described herein. Z. General Commercial Uses Batter shops, beauty, nail and tanning salons and similar uses Resort serving uses such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, and similar uses typically ancillary to resort hotel uses Resort central cleaning facilities Resort maimer a oca plants and facilities* priming, blueprinting, copy services and mobile once uses Pet supplies and services 3. OJj7ce User and Health Services Resort related general offices serving the ongoing functions of the Resort Guest serving medical clinics Health spa and clinics 4. Dieing, Drinking, and Eruerratnnxnf User Restaurants, other than dnve-tbru Restaurants, counter take -our with ancillary, seating, such as yogurt, ice cream, pastry slops, and similar Bars, taverns, and cocktail lounges Live eatertainmem as an accessory use to a Resort event. Theaters, live or motion picture —indoor or outdoor" S. Recreation User Pool or billiard tables as accessory use (A CUP application shall be processed and approved for pool halls and game arcades excaoding 3 tables.) Game machines, as allowed by local and state statute Golf courses and country clubs Tennis clubs or complexes 3.12 422 SP 83-002 Amendment #7 PGA West Specific Plan Figure 14 - Area of Change G continued (Existing Specific Plan Page 3.13) Health and fitness clubs and spas Poollspa and Water Park uses* 6. Public and Semi -Pubic Uses Library and museum uses Parks, play fields, and open space Bicycle, equestrian and hiking trails Swimming pools RestdenW and Lodging Uses Townhome, Timeshare, Single-family, and Multi -family residential uses in accordance with the Residential Specific Plan Overlay within this document Hotel uses in accordance in accordance with the Residential Specific Plan Overlay within this document Accessory Uses Private parking lots Parking garages as an accessory use to residential and lodging uses* Signs in accordance with this Specific Plan Antennas and satellite dishes Portable outdoor vending uses (such as flower stands) Incidental products or services for employees or businesses, such as child day care, cafeterias and business support uses Temporary dt Interim Uses Interim event parking lots for events anticipated to extend over duee or more days of Use** Temporary outdoor event staging facilities Temporary outdoor event staging facilities anticipated to extend over three or more days of Use** Onsite Construction and site guard offices Relocatable buildings*** • A single asterisk indicates an allowable use requiring approval of a Conditional Use Permit from the La Quints Planning Commission. *• Adouble asterisk indicates an allowable use on a temporary basis requiring approval of a Temporary Use Permit firm the Ls Quints Community Development Director. •" A triple asterisk indicates an allowable use requiring approval of a site Development permit from the La Quints Planning Commission. PGA WFSr-Amendment lV 3.13 �.•.. 4 2 s SP 83-002 Amendment #7 PGA West Specific Plan The proposed change for Area of Change G is the deletion of the existing text, which established the permitted uses and development standards for the deleted Tourist Commercial land use designation and its replacement with new text referencing Section 3.1.1 Planning Area I of this document for the permitted uses and development standards applicable for the Residential Specific Plan RL land use designation and SP 83-002 Amendment VI (Eden Roc) for the list of permitted uses and development standards applicable for the Residential Mixed Use land use designation. Figure 15 - Area of Change G (Proposed Changes) TOURIST COMMERCIAL TG (SP) USES RESIDENTIAL MLYED USE (RMU) USES RESIDENTIAL SPECIFIC PLAN RL-(RSP) USES Description of Uses in Planning Area III Planning Area III of the Land Use Plan has, within its boundaries, two underlying zones — Resort Mixed Use (RMU) and Residential Specific Plan RL-(RSP). Residential Mixed Use (RMU) Uses and Standards Reference SP 83-002 Amendment VI (Eden Roc) for permitted uses and development standards. Residential Specific Plan RL-(RSP) Uses and Standards Reference Section 3.1.1 Planning Area I Residential Specific Plan RL-(RSP) Uses and Standards for permitted uses and development standards. • r 424 SP 83-002 Amendment #7 PGA West Specific Plan ATTACHMENT 5 ZDESIGN Gf,VUF PGA WEST RESIDENTIAL VILLAS ARCHITECTURAL CONCEPT The Club at PGA WEST "The Western Home of Golf in America"® The Villas are located in a spectacular setting among citrus groves and towering palms at the base of the Santa Rosa Mountains in the Coachella Valley, home to the Jack Nicklaus private golf course. The resort is home to prestigious golf tournaments, famous shots in golf history by celebrity sports figures and celebrities. DESIGN CONCEPT Style: Tuscan Territorial Modernism Develop a stronger relationship and expression between architecture and nature. Natural materials like stone, copper, heavy timber and natural organic materials will create textural and contrasting dynamic elements and reflect the indigenous context of the shell -laden, ancient ocean desert location. Articulated massing reflects a village -like clustered style architecture clad in natural stone and two colors of stucco to blend into the spectacular setting. The floor plan embraces and enhances the seasonal indoor —outdoor lifestyle incorporating courtyards with water features. Deep set windows provide shelter from the sun and allow filtered light to infuse the interiors or frame views to nature. COMMUNITY CENTER Style: Desert Territorial Modernism (Re: Clubhouse) i«CHITi. t ! 'N4 NNW-',' 11C: -. c.-IGFt RJOr LLC IC (R '1.r1WWY I'II IUD 1;0 CI.OR,1 W-1 L4 USA T 30'.i.,U IF ti FAr303 ,t5 t1e8 i D IS ;nW;-,Nt1 - 425 ATTACHMENT 6 Attachment 6 Written Correspondence (prior to Planning Commission) 426 Ms. Sharon Burton 1704 La Barranca Road U u La Canada, CA 9I01 t-Z905 s o� Tvx�r� SEP j 6 2009 Clry tq Ptau..... O(uu.. 427 To: La Quinta Planning Commision From: Mr. B. Richins 54-299 Shoal Creek Road L. Q., Ca. 92253 Sirs: 15 Sept. 2009 SEP 18 2009 CITY OF W QUINTA Make it known that I am fully opposed to the upcoming `multi unit' residential development project near PGA West. 428 ATTACHMENT 7 Attachment 7 Written Correspondence (prior to City Council) 429 4 Page 1 of 1 Cc.ut>r Wanda Wise -Latta - ---- - �� From: Jim & Kim [kimjames.cox@verizon.netj Sent: Tuesday, September 29, 2009 9:21 AM u�YV4• To: Council Subject: Notice of Public Hearing Oct. 6, 2009 Applicant Pyramid Project Management, LLC Attachments: Proposed Development PGA West.jpg The e-mail message is to Mayor, Don Adolph and Council Member, Kristy Franklin: The city council will review two projects submitted by the above noted applicant at next week's Public Hearing. One of the projects consists of 54, 2 story homes being put at a location that currently consists of a fitness center and 19 tennis courts. This is the same type of highest and best use for the benefit of the property owner to the detriment of the members who purchased their membership with the idea that they had a world class tennis facility. They are proposing reducing the courts down to 5 courts. Sound a lot like the La Quinta Resort problem. Also the date of the hearing is put at a time when 80% of the members are still out of town during the off season, and they will not be able to review this project and/or comment on it. When this project was suggested a few years ago there were proposing only 44 units and leaving 11 tennis courts. What happened to that idea? I know that the two of you will not be able to vote on the issue, but would hope that something could be done to table it until more homeowners, members are back in the city. Jim and Kim Cox 55-914 Brae Burn PGA West La Quinta, CA 92253 760-564-5611 cell 567-0161 SEP 2 9 2009 CITY OF LA OUINTA...., . 430 9/29/2009 Current,.Cart-Xath rP, IZI rim k t i .., W +i� a ""t� y e •�' `,a 4 -it�i� Cfi )1lC .r? ra Ef 1 � -,�. i. lY ✓- i rfy�.. �.♦. PGA. BOULEVARD (EMTW7) a h _ v Jav Wuu From: EMauritson@afgilmore.com Sent: Tuesday, September 29, 2009 11:12 AM To: Jay Wuu Cc: ksaari@pgawest.com Subject: Site Develpment Permits 09-911 and 08-601 Jay, I received the Notice of Public Hearing published on September 26, 2009. As I will not be able to attend the meeting on October 7, I wanted to send you my thoughts and hope they would be considered along with the other views presented at the meeting. First, let me say that I only want what is best for PGA West, because in the long run it will probably be best for me and my family. We bought a house in the Palmer Residential development approximately fours years ago. I love our house, the golf courses, the clubhouses, the spacious views, the Health Club facilities, the tennis courts and the Staff and I use and enjoy everything. Soon after becoming a member at PGA West, I started hearing about this planned development and how it would, specifically, impact the Health Club and tennis facilities. While I love golf:, I also love to play tennis. What has made my tennis experience at PGA West so special are the various surfaces from which I can choose; hard, clay or grass surfaces. Having these choices was one of the reasons I'. purchased a home at PGA West and why I became a Member. So here we are today, a proposed development consisting of 54 new golf villas, from what I understand are located against the private driving range. I now understand only five "hard" surface tennis courts will be constructed. I am having a hard time seeing how these changes will benefit my experience as a PGA West homeowner and Member. How will my views be affected from the private driving range? Will it feel open and continue to have the same expansive views I enjoy today? I sincerely mean this when T write, please tell me how you think this development will enhance my experience at PGA West. I feel sad these changes will come about and I will loose a part of PGA West that has truly provided me and my family so much enjoyment. Respectfully yours, Ernie Mauritson 54-562 Tanglewood, Palmer Residential La Quints, CA 92253 323-646-4495 (cell) 432 I PGA WEST MASTER ASSOCIATION, INC. P.O. BOX 1516 LA QUINTA, CA 92247-1516 PHONE (760) 564-3858 FAX (760) 654-2329 October 1, 2009 City of La Quinta VIA EMAIL AND US MAIL P. O. Box 1504 citymanagersoffice@la-quinta.org La Quinta, CA 92247 Attn: Thomas P. Genovese Re: Request on Applic Manager Dear Mr. Gen This is a regi the planned clubhouse (( City Council supporting tl.._ . ^f-uenrinnS Pyramid Project Management, LLC concerning al units and expansion of the member's private s") presently scheduled for hearing before the D09 be continued for six (6) weeks. The facts ving: 1. Notice of the hearing has been insufficient to provide the approximately 3,000 residents of PGA West with time to evaluate the Applications and provide meaningful comments. Many of the residents are just returning from their absences for the summer, and most of the seasonal, part-time residents do not start arriving until the end of October. It is likely that a large number of residents have not even received their notices, let alone been able to consider the issues involved. 2. There are multiple issues that are of concern that have not, to the knowledge of the Master Association, been adequately addressed, including, but not limited to, the following: (i) the damage and increased wear and tear to PGA West Blvd. during construction; (ii) access to the development, which appears to be through the private clubhouse parking lot; (iii) reduced parking for the private clubhouse notwithstanding the plan to expand the private clubhouse and significantly increase Q�� sports and fitness memberships; (iv) the reduction of the number of tennis courts; (v) the impact of secondary access to the development directly to PGA West Blvd.; (vi) whether property rights of existing PGA West owners are compromised; (vii) whether membership rights of existing PGA West members are unfairly modified; and (viii) how the costs of the increased burden on the PGA West infrastructure will be allocated and funded. 3. The Master Association is about to commence construction of an enhanced gate security system at a cost of several hundred thousand dollars and it cannot be determined at this point how the subject development will be integrated into that system, if at all, and how the development will impact overall security at PGA West. Given the short notice of the hearing provided it is impossible to determine how many of these issues can be easily addressed and how many will require more time to resolve. Jim Murphy, the Master Association President, and I have a meeting scheduled with Mr. Johnson, the Planning Director, this afternoon to review the project and commence a dialogue with the City so that all concerns are addressed. Under the circumstances, the Master Association believes that a continuance of the hearing on the Applications is in the best interests of all concerned and we see no prejudice to the developer. Providing additional time will enable the Master Association, in conjunction with the Planning Department, the developer, the other PGA West homeowner associations and the homeowners to work cooperatively to address concerns so that issues that the City Council will have to deal with will be minimized, if not eliminated. Accordingly, it is respectively requested that the matter be continued for six (6) weeks. Please forward this request to the members of the City Council for consideration. Thank you for your anticipated cooperation in this matter. Very truly yours, The PGA West Master Asso iation, By: Richard Inc. cc: M. Katherine Jenson, Esq. (via email: KJenson@rutan.com) 434 ATTACHMENT 8 PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 22, 2009 CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 08-601 SPECIFIC PLAN 83-002 AMENDMENT 7 TENTATIVE TRACT MAP 36139 SITE DEVELOPMENT PERMIT 08-907 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC REQUEST: CONSIDERATION OF PLANS TO SUBDIVIDE THE PROJECT SITE AND CONSTRUCT THE PGA WEST GOLF VILLAS; A 54-UNIT RESIDENTIAL DEVELOPMENT CONSISTING OF SINGLE-FAMILY ATTACHED DUPLEX UNITS AND COMMUNITY CENTER LOCATION: PGA WEST; WEST SIDE OF PGA BOULEVARD, SOUTH OF AVENUE 54 ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS PREPARED ENVIRONMENTAL ASSESSMENT 08-601 FOR TENTATIVE TRACT MAP 36139, SPECIFIC PLAN 83-002 AMENDMENT 7, AND SITE DEVELOPMENT PERMIT 08-907 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE PLANNING DIRECTOR HAS DETERMINED THAT THE PROJECT AS MITIGATED WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND THEREFORE RECOMMENDS A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED. GENERAL PLAN: LDR (LOW DENSITY RESIDENTIAL) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING LAND USES: NORTH: PALMER PRIVATE CLUBHOUSE SOUTH: RESIDENTIAL (TR 28259-1); GOLF COURSE EAST: PGA BOULEVARD WEST: GOLF COURSE/DRIVING RANGE 435 BACKGROUND PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002)• Five amendments to this plan have since been approved. Currently, the PGA West community is almost completely developed, with the exception of a few scattered residential lots and an approximately 42-acre site near the southern terminus of PGA Boulevard, which is located immediately east of the subject property. The subject property is an approximately 25-acre area near the center of the community. At this time, the property is comprised of the Private Clubhouse, associated parking, nineteen tennis court facilities and a Health and Racquet Club. PROJECT REQUEST Overview The applicant is proposing to subdivide the subject property into three separate parcels (see Tentative Tract Map listed below for further description). The PGA West Golf Villas site is approximately 15 acres in size and will consists of 54 single-family attached duplex units and a new community recreation building. The Villas site is located on the west side of PGA Boulevard (Attachment 2, Sheet 2). Located directly to the north of the project site is the Palmer Private Clubhouse, a remodel and expansion of which is currently proposed under a separate site development permit (SDP 09-911). A driving range is located to the west of the project site. Existing PGA West single-family homes and golf course areas are located to the south. The primary configuration of the Villas consists of duplex units clustered around a new private street (Attachment 2, Sheet 4). Vehicle access to the Villas will be provided via a new entrance drive proposed along the eastern edge of the Palmer Private Clubhouse parking lot, which will then connect with PGA Boulevard. An emergency access will also be provided near the southeast corner of the Villas site, directly connecting with PGA Boulevard. The nineteen existing tennis courts and the Health and Racquet Club will be replaced by five new tennis courts, one of which will be a stadium court design, and a new community recreation building. Specific Plan Amendment The applicant: has proposed a Specific Plan Amendment (Attachment 3). This ,,... 436 represents the seventh amendment to the original PGA West Specific Plan, and includes the re -designation of the 25-acre project area within Planning Area III from CT/RSP - Tourist Commercial/Residential Specific Plan land use to RL-(RSP) - Residential Specific Plan land use in order to accommodate the proposed PGA West Golf Villas development and Private Clubhouse remodel and expansion. The re - designation also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. Tentative Tract Map The applicant proposes to subdivide the approximately 25-acre project site into three numbered lots and four lettered lots (Attachment 4). Lot 1, which is approximately 9 acres, would consist of the Private Clubhouse and parking lot. Lot 2, at approximately 15 acres, would consist of the proposed 54-unit Villas community and recreation building. Lot 2 would also include lettered Lot A and Lot D, which comprise of circulation and open space areas within the proposed Villas community. Lot 2 is the reason Tentative Tract Map 36139 is a condominium map, as the proposed 54 units are to be situated on the same lot. Lot 3, at approximately 0.5 acres, is a remainder lot that will be used for the future construction of a single-family home. This lot is not a part of the Villas community. Lettered Lot B and Lot C, which are approximately 0.28 acres combined, consist of open space areas along the perimeter of the project site. A new private street system will be introduced to serve the Villas proposed on Lot 2. The road network will consist of a 29-foot wide private street. The proposed street width will adequately serve two way vehicle movement but will not allow on -street parking. In addition to the parking proposed for each villa unit and the community recreation building, 20 off-street parking spaces are proposed in five 4- stall clusters to be placed in various locations near villa units. Site Development Permit Residential Units Included with this proposal are architectural plans of the PGA West Golf Villas residential units, which have been designed to reflect a modified Tuscan design, referred to by the project architect as a Tuscan Territorial Modernism architectural style (Attachment 5). The architectural elements of the Villas units includes use of flat concrete tile roofing, a variety of stained stucco and wood, stone accents, as well as steel and metal finishes (Attachment 2, Sheets 8 - 9). Balconies, trellises, chimney accents, and other design elements provide architectural articulation to the various building facades. Each of the typical 54 two-story units has the following characteristics (Attachment 2, Sheets 5 - 7): -,a.o.n 4:� • 2,180 square feet • 3 bedrooms, 3.5 bathrooms • 2-car garage • Covered and uncovered terraces and balconies Each duplex consists of staggered mirror images of the typical Villas unit, with identical floor plans and features, but with a slight variation in orientation. The height of the Villas units, at the highest roof ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 8 — 9). The height of the chimney architectural projection is approximately 23'-6" in height (Attachment 2, Sheets 8 — 9). Community Recreation Building Included with this proposal are plans of the approximately 3,400 square foot community recreation building, which includes leasing and management offices, game and exercise rooms, a kitchen, lounge area, and pool and spa facilities (Attachment 2, Sheet 10). The community recreation building area also includes five lit tennis courts, with one of the courts designated as a stadium court with tiered stadium spectator sitting. Vehicular access to the community recreation building is off of the new private street within the Villas community. Pedestrian pathways are also provided throughout the community that connects the Villas units to the community recreation building (Attachment 2, Sheet 4). A total of eleven parking spaces are provided, including two ADA-accessible spaces. The community recreation building has been designed to be architecturally consistent with the Villas and reflects a modified Tuscan architectural style. The building incorporates use of the same architectural design elements, materials and colors as the Villas. The community recreation building, at the highest ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 12 — 14). Landscaping The landscape plan for the Villas identifies a plant palette consisting of low- to moderate -water use trees, shrubs, and groundcover generally consistent with what is permitted in the PGA West Specific Plan (Attachment 2, Sheet 15). Landscaping throughout the Villas community is plentiful and is designed to complement the architecture and layout of the duplexes and community building. Areas of turf have been limited to small patches around pedestrian walkways and an expansive common area in the middle of the community. Perimeter landscaping along PGA Boulevard and Double Eagle Way, including turf areas, trees/shrubs, and perimeter walls, will be constructed to match the existing conditions. The applicant proposes the use of Mediterranean Fan Palms, Palo Verdes, Chilean Mesquites, and Desert Acacias, among others (Attachment 2, Sheet 24). A variety 438 of small and large accent shrubs, including Red Bird of Paradise, Compact Myrtles, and Agaves, are proposed in the areas surrounding the duplex units and around the community building (Attachment 2, Sheet 26 - 28). Types of groundcover used include Desert Carpet, Purple Trailing Lantanas, and Petunias. The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 30 - 34). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. The applicant also proposes a water feature placed within the planter located in the center of the main entrance traffic circle (Attachment 2, Sheet 18). The feature incorporates a cascading veneered fountain and a large fountain bowl (Attachment 2, Sheet 23). AKIAI YSIS Specific Plan Amendment PGA West Specific Plan Amendment 6 represents the last amendment, which consisted primarily of the Eden Rock project site. Though Eden Rock is located within Planning Area III, Amendment 6 did not change the land use designations or development standards for the subject property. Amendment 7 has been prepared to specifically address only the land use designations and development standards of the subject property, and references Amendment 4 as applicable to the remaining Specific Plan area. Amendment 7 specifically addresses the following: • Amends the land use designations from from CT/RSP - Tourist Commercial/Residential Specific Plan land use to RL-(RSP) - Residential Specific Plan • Updates the typical land uses allowed within Planning Area III • Revises graphic references and exhibits related to Planning Area III • Associates development standards for the Villas, which are located within Planning Area III, to existing development standards for single-family attached homes found in Planning Area I The amended specific plan brings the land uses within the proposed project area into consistency with the City of La Quinta General Plan and Zoning maps, and also establishes internal consistency between the Villas and the PGA West Specific Plan. Staff finds that the proposed amendment is necessary regardless of the proposed development activities since it results in a land use designation consistent with the La Quinta General Plan and Zoning Maps. The amendment also ensures that the development standards remain consistent with other areas in PGA West that share ,..." 439 the same land use designation. Tentative Tract Map The design of proposed Tentative Tract Map 36139, as conditioned, generally conforms to the design guidelines and standards of the City of La Quinta General Plan for Low Density Residential (LDR) designated properties, as set forth in the Land Use Element, as well as the PGA West Specific Plan. The proposed site design incorporates street and parcel designs that are in conformance with applicable General Plan goals, policies, and development standards, and will provide adequate circulation, infrastructure, and utilities. The lots created as part of the tract map are necessary for the development activities proposed within the subject property. Lot 1 modifies existing property lines and creates the proper setbacks necessary to accommodate the proposed Private Clubhouse expansion and remodel. Lot 2, as the condominium portion of the proposed map, will be able to accommodate the development of 54 single- family dwelling units. And Lot 3, the future site of a single family residence, will have direct access via Double Eagle Way, and will be incorporated into the existing PGA West residential community. Site Development Permit Staff finds that the overall architectural style and design of the proposed PGA West Golf Villas to be acceptable. Staff has not found any significant issues with the proposed layout and design of the duplex units, community building, common areas, and landscape palette. The articulated massing on the buildings reflects village -like clustered style architecture, and the floor plan embraces and enhances the seasonal indoor -outdoor lifestyle with the incorporation of courtyards, balconies, and terraces. The variation in front and side building setbacks provide visual breaks from the pedestrian/vehicular perspective. However, staff believes certain architectural elements should be improved upon prior to final approval. Although the modified Tuscan architecture and layout appear to be generally compatible with the styles permitted in the PGA West Specific Plan, materials and colors proposed for the Villas units create an aesthetic dissimilar to the existing surrounding residences. Staff believes that the proposed dark color palette is contrasting when compared to the lighter building colors typically found in existing PGA West neighborhoods. Staff has recommended a condition of approval directing the color palette for both the Villas and community building to be amended to represent the lighter colors typically found in PGA West. Furthermore, staff believes that the internal architectural compatibility between the Villas and the community building is too dissimilar. The design elements that characterize each building are inconsistent; in particular, roof pitch and the divergent emphases of horizontal versus vertical roof design. Staff recommends that the Planning 440 Commission discuss this incompatibility and provide direction, if necessary, regarding internal architectural consistency. Staff has no significant issues with the proposed uses within the community building as well as the adjacent tennis court and pool areas as they are appropriate and well -designed. The pool and tennis court areas are properly screened and are easily accessible from both the Villas and community recreation building. The eleven parking spaces provided do not meet the requirements stated in LQMC Section 9.150.060 Spaces Required by Use, which would require a minimum of fifteen spaces for "commercial" tennis courts (three parking spaces per court). However, as these courts are for tennis member -use only, with some users arriving to the site by golf cart or walking, staff believes that the eleven proposed spaces will be sufficient. The five new lit courts are acceptable as staff has reviewed a lighting photometric plan for site suitability, and five of the 19 tennis courts are currently lit courts. Additionally, although a pedestrian access is provided from the Private Clubhouse parking lot for tennis members who are not Villas owners using the tennis courts, access to the courts requires utilizing a pedestrian path that travels inconveniently around the community building. Staff recommends that a pedestrian path be installed from the gate that leads directly to the tennis courts. Furthermore, tennis court usage and membership details have not been resolved yet, as the applicant has stated that residents of the Villas communities may not necessarily have direct access to the tennis courts. Market analysis and user demand will eventually dictate usage characteristics. In general, the proposed landscape palette presented is acceptable. The assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed Villas community. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. Thorough use of shrubs and groundcover effectively screen the clubhouse service areas, parking areas, and other project aspects. Per PGA West HOA requirements, perimeter landscaping will be constructed to match the existing landscaping conditions along PGA Boulevard and Double Eagle Way. Staff does recommend that turf areas not be installed adjacent to paved pedestrian walkways due to possible water waste and has proposed a condition of approval accordingly. The turf in the center of the community is acceptable as it may be utilized as an active -use area. The proposed water feature, which is primary to the design of the community entrance, can be permitted if they meet the City's water efficiency requirements and are approved as part of the project. by the Planning Commission. Staff has proposed a condition of approval pertaining to this feature, requiring energy efficient pumps and staff review to ensure that there will be minimal water loss due to splashing, evaporation, etc. However, the Architecture and Landscape Review Committee expressed concerns over the location, size, and necessity of this water 441 feature, as it does not promote pedestrian interactivity. Therefore, staff recommends the Planning Commission discuss the use and viability of the water feature as part of the Villas proposal. ALRC Review The Architecture and Landscape Review Committee, at its meeting of August 5, 2009, discussed Site Development Permit 2008-907 (Attachment 6). No recommendation was made to the Planning Commission as only two Committee members were present and consensus could not be reached on a variety of project items. With regards to the proposed architectural style and project compatibility, Committee Member Thoms stated that he found the existing architectural styles at PGA West to be too similar. He commented that the introduction of a different architectural style in the community would offer a welcome variety, especially considering that the proposed project was not very big. Also, Committee Member Thoms stated that he thought the darker color palette might be too dark and heavy in comparison to the rest of the PGA West project. Committee Member Thoms also encouraged the applicant to provide greater deviation in the setbacks of the homes in order to get away from having all of the homes in a row. On the whole, Committee Member Thoms found the overall site plan to be very well -designed. Committee Member Rooker said he agreed with Committee Member Thoms' comments regarding the property setbacks, but disagreed with his architectural findings. Committee Member Rooker noted that the proposed architectural design was very sophisticated, but he questioned its use in the desert area and particularly at PGA West. He explained that the present architectural styles in the PGA West Community consist of Traditional Mediterranean with stucco build -outs, trims and wood, or a sophisticated horizontal contemporary style. He expressed his concern about introducing the proposed architectural style with the flat -top roofs which are normally associated with economical construction and building, as well as the material palette, as he found them to be inappropriate for PGA West. He outlined a few of the major differences between the existing and the proposed styles in color and architecture. The Committee could not come to a consensus regarding the proposed architecture and project compatibility. With regards to the proposed water feature, Committee Member Thoms felt that it was inappropriate to introduce such a magnificent water feature at a time that called for conservation. He suggested that the applicant use a different type of architectural focal feature. Committee Member Rooker said he was supportive of the proposed entrance fountain and did not find it to be out of scale in relation to the rest of the project. The Committee could not come to a consensus regarding the proposed water feature. 442 Staff recommended six Conditions of Approval for the ALRC to consider at the August 5 meeting. Since a recommendation was not brought forth by the ALRC, staff is recommending the same Conditions to Planning Commission, which are as follows: 1. Exterior lighting shall be consistent with Section 9.100.1 50 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 2. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 3. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. 4. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with these units. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 5. All signs shall be approved under a separate sign permit/program application. 6. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included on the final landscaping plans and in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. Environmental Review The La Quinta Planning Department has prepared Environmental Assessment 2008- 443 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permit 2008-907 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project as mitigated will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact and a Mitigation Monitoring and Reporting Program be certified. PGA West Resident Review On February 23, 2009 and March 23, 2009, the applicant and the development team for the Villas presented their proposal to PGA West homeowners and Association/Club members. According to the applicant, the meetings were well - attended and response to the proposal was generally positive. The Planning Department has not received any written or verbal comments regarding the proposed project as a result of these presentations. Public Notice This project was advertised in The Desert Sun newspaper on September 11, 2008, and mailed to all property owners within 500 feet of the site. To date, staff has received two written comments regarding the proposed residential development (Attachment 7). Any other written comments received will be handed out at the Planning Commission hearing. SB-18 Native American Tribal Consultation As per SB-18 (2004) consultation requirements, information regarding the proposed Specific Plan was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. Staff has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval. IdIkRi11ki1569 Findings to recommend approval of this request can be made and are contained in the attached Resolutions. RECOMMENDATION 1. Adopt Planning Commission Resolution 2009-_ , recommending to City Council adoption of a Mitigated Negative Declaration of Environmental Impact and a. Mitigation Monitoring and Reporting Program for Environmental Assessment 2008-601, subject to the attached Findings and Conditions of Approval; and, 444 2. Adopt Planning Commission Resolution 2009- _, recommending to the City Council approval of Specific Plan 83-002 Amendment 7, subject to the attached Findings and Conditions of Approval; and, 3. Adopt Planning Commission Resolution 2009-_ , recommending to the City Council approval of Tentative Tract Map 36139, subject to the attached Findings and Conditions of Approval; and, 4. Adopt Planning Commission Resolution 2009-_ , recommending to the City Council approval of Site Development Permit 2008-907, subject to the attached Findings and Conditions of Approval. ate Planner Attachments: 1. PGA West Vicinity Map 2. PGA West Golf Villas Submittal Packet 3, PGA West Specific Plan 83-002 Amendment 7 4. Tentative Tract Map 36139 5. PGA West Golf Villas Architectural Design Narrative 6. Minutes of August 5, 2009 ALRC meeting 7. Written Correspondence 445 ATTACHMENT 9 V. PUBLIC HEARINGS: A. Environmental Assessment 2008-601, Specific Plan 83-002, Amendment 7 Tentative Tract Map 36139, Site Development Permit 2008-907; a request by Pyramid Project Management, LLC for consideration of plans to subdivide the project site and construct the PGA West Golf Villas; a 54-unit residential development consisting of single-family attached duplex units and community center, located in PGA West; on the west side of PGA Boulevard, south of Avenue 54. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Associate Planner Wuu also referred to a memorandum from Timothy Jonasson-Public Works Director, given to the Commissioners prior to the meeting which stated: Re: Requested Changes to the Recommended Conditions of Approval for Tentative Tract Map 36139 and Site Development Permit (SDPs) 2008-907 and 2009-911, Pyramid Project Management, LLC. Staff spoke with a representative of the developer team for the above mentioned project and recommends the following change to the Recommended Conditions of Approval for the above mentioned Tract Map and SDPs after publication of the Planning Commission Agenda report. The Public Works Department recommends the following changes: 1. Delete the following paragraph from Condition 44 of Tract Map 36139, Condition 33 of SDP 09-911 and Condition 36 of SDP 08-907: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta. " 446 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 After the staff presentation and memorandum reference, Chairman Alderson asked if there were any questions of staff. Commissioner Barrows asked if the color palette was provided for in the current specific plan for PGA West. Staff said no; they allowed for architectural styles but did not provide an actual color scheme. Commissioner Wilkinson asked about Eden Rock's color palette and how it matched up with this project. Planning Director Johnson replied it was probably more of a medium- to light -brown variation. There were no colors as dark as what was originally proposed by this applicant. Commissioner Wilkinson said he thought they were a little darker than what was typically out there. Staff responded they were. Chairman Alderson said there was a leasing office noted on the plans and asked if that was an error. Associate Planner Wuu said they were single-family homes for sale and not for lease and confirmed the leasing office designation was incorrect. Chairman Alderson asked the staff if the recommendation about the roof tile type and toning down of the color palette had been presented to the applicant. Staff said it had been discussed with the applicant. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Davis Sezna, 81-240 Golf View Drive, La Quinta, CA, President of La Quinta Resort and PGA West, introduced himself and gave some background on himself and his company. He then went on to give the history of the purchase of the La Quinta Resort and PGA West. He conveyed his impressions of the area and described what they wished to do but, with the economy, they were taking their time. He said they were very excited about the Resort Master Plan and this development. He then introduced the Vice President of Pyramid Project Management, Mr. Hoeppner. Mr. Ken Hoeppner, Pyramid Project Management, One Post Office Square, Boston, MA 02109, introduced their design team: Michael Olson (Z Design Group, Denver CO), Chris Bergh (MDS Consulting, La 40 DRAFT -EXCERPTS OF Planning Commission Minutes September 22, 2009 Quinta CA►, Forrest Haag (Forrest Haag Landscape Architects, Laguna Beach CA), Rob Bernheimer, (CV Strategies, Special Entitlement Assistant to Pyramid, Indian Wells CA). Mr. Hoeppner then gave a power point presentation giving some detail of the renovations they have made to the resort and PGA West. He went on to discuss the benefits of their renovations; including water sensitivity. He re -stated the items presented in the staff report and showed site plans and color palettes. Mr. Hoeppner commented on the review comments by staff beginning with stepbacks of the buildings. He said they went back to the design team and the new plans showed significant stepbacks in the buildings to give more depth to the building character. Chairman Alderson asked Mr. Hoeppner to explain the stepbacks. Mr. Hoeppner said instead of having all the duplexes being flush across they have stepped them back approximately five feet, as well as staggering the buildings up-and-down the road so they were not as lineal. Mr. Hoeppner addressed the building colors on a power point slide. He used an analogy, relating to the colors and what they were trying to do. Mr. Hoeppner said it was their intent to create some vibrancy, architecturally, within the community and they have achieved that with the Stadium Clubhouse, as well as the private clubhouse. All of their nine golf courses are all unique and different as are the three restaurants within the spirit of the region and the community. Mr. Hoeppner commented on one of the items discussed, regarding more landscape buffer between the driveways and its relationship to water consumption. He said they have decided that the entry water feature, to the villas, would be deleted and they would do a landscape component instead. He then introduced Michael Olson, Principal with Z Design Group, 1877 Broadway, Boulder CO to talk about the architecture and how it related to the villas; as well as the color palette. Mr. Olson then showed a slide with regional style, architectural materials, and palettes that exist as the Coachella Valley home style. The projects ranged 448 DRAFT— EXCERPTS OF Planning Commission Minutes September 22, 2009 from Palm Springs through Indian Wells through La Quinta and showed the spirit of the style and color palette they wanted to use. He then pointed out the various types of materials and said sometimes, in the initial presentations, the colors show up a little darker. He commented on the color revisions made, after the ALRC meeting, and then showed slides with the new color palettes for the condominiums. He commented on the color identity used to create variety, interest and articulation on the various models. Mr. Hoeppner said one of the key parts to this design was there needed to be continuity between the clubhouse design, the community building and the villas. Z Design is the architect for all of those and that is critical because they understand the transgression of the design. Mr. Olson continued with his power point presentation and discussed the fitness wing that was in addition to the PGA West Private Clubhouse. He explained the features of the two buildings; including such items as the concept of shading, and setback, for sun control and energy conservation and the components which currently exist in the Clubhouse. The intent was to play off those characteristics that work well in the existing building. He pointed out the features of the remodel versus the previous Clubhouse. Commissioner Wilkinson asked if any of the darker colors had been deleted. Mr. Olson put up the appropriate exhibit and commented on the stone being common in all the elevations and said the darker colors had been deleted. Chairman Alderson asked if the exhibit showed the revised version, after ALRC looked at it. Planning Director Johnson said this was a new exhibit that was being presented. The applicant had taken the information, from the ALRC, and staff was also seeing it for the first time. Commissioner Wilkinson asked Mr. Olson to put up the exhibit showing the Clubhouse and the design of the villas. He commented that one design was more contemporary than the other and asked if that was intentional to blend in with what was existing out there and asked how they arrived at this combination, in terms of compatibility. 449 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Olson said they would term the existing clubhouse as being more contemporary because of the nature of the glazing and the simplicity of the detailing. He then explained some of the architectural details and how the design was determined. Mr. Hoeppner added there were two applications, and part of the clubhouse was a transition from the existing architecture, which was quite bland, to what they were proposing. They wanted to introduce more colors and some vibrancy and have a bridge between the two. He said the Commission would see, (in the second application) how they took the original architecture and transformed it into something more unique and up-to-date. He added it's a fine line to try to bridge the gap between existing architecture and the community building and the residential units. Commissioner Wilkinson asked staff if one of the colors shown on the ABC color exhibit tended to be more like the Eden Rock colors. He was concerned about compatibility between the two projects. Staff responded it appeared to be close, but possibly a little darker. It was definitely a softer color than what was originally proposed, but it was probably somewhere between the colors shown on Color Schemes A and C. Commissioner Wilkinson asked if the Eden Rock color was more like the first floor of A versus what was shown on Color Scheme C. Staff said it was. Commissioner Quill commented the architecture was nice. He said the existing clubhouse was very dated and did need refreshing. It was definitely time to do it. He wanted to know what the plan was and how it was going to work; once the project was approved, and when would they be starting. Mr. Hoeppner said they wanted to do it this year, but things have been pulled back. Their company wanted to be ahead of the curve so that when things do come around they would have these projects ready to go and not miss an opportunity. He said possibly next year, depending upon the economy and market demand. DRAFT— EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill asked what assurance they could provide that, if they demolished the existing facilities, they would go on and rebuild to avoid another blighted area like Eden Rock. Mr. Hoeppner commented on the economic climate, but said they owe it to their members to make sure facilities were maintained. There would be some logistical issues in terms of the construction of both of them, but they were compelled to meet those obligations. Commissioner Quill asked if he was referring to the clubhouse remodel and then the new development model. His previous comment was if the tennis clubhouse facilities and the tennis facilities are demolished, what assurances did they provide that they were going to construct the new community center and tennis courts and in what phases. Mr. Sezna responded the whole picture was very important to the Company. They would never create a construction site in the middle of their investment until they were ready to develop. He commented on the grass lot tennis courts and the workout facility and said the tennis clubhouse would remain until they were ready to do the master plan of the private clubhouse. He then commented on the timing of the project coinciding with the end of one Bob Hope Classic and the start of another. He commented on the statement they want to make and the lifestyle they want to convey. He said it was important not to have a scar in the middle of their investment. Commissioner Quill said they would discuss the clubhouse in the next hearing item, so they were not referring to it now, but to this development. He then asked if they intended to do the clubhouse remodel before this development. Mr. Sezna said he would let Mr. Hoeppner answer that question as his whole point was they have a much bigger master plan and they are interrelated. Mr. Hoeppner said the projects were not necessarily tied together and they did not have to be. He said with a phased construction, they could build phases of the residential units without any impacts to the clubhouse. 451 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill asked which phase of the residential they would start with. Mr. Hoeppner said he could not answer that question because it was too early in the project. He went on to explain how the decision of phasing would be made and he gave examples of how the decision would be made. Commissioner Quill asked about civil improvements; such as access. He then asked what they would be doing to keep it aesthetically proper and dust -free for the neighborhood while they were moving from phase to phase during the construction process. Mr. Hoeppner said, pending approval, they would like to proceed immediately with the construction documents and the permanent application part for the infrastructure. He said the building permit applications would probably include construction phasing and temporary restoration as well as addressing dust control issues. Commissioner Quill asked if he would be amenable to planting the improved lots with some vegetative cover; such as Gazania. Mr. Hoeppner said they could certainly entertain that and reiterated Mr. Sezna's comments about this being very special and an important asset. The last thing they want to do is impact how that looks during the Bob Hope Classic and while their Clubhouse guests are there, so they were going to be really very sensitive to that. Commissioner Quill said he was more worried about the neighbors since they are the ones that are there all the time. He then asked about the phasing and staging and if they would assure that the community center, the four new tennis courts, and the new building would be built prior to, or with, the very first duplex units. He said he wanted to know, straight out, if they had any intention of doing that or would they be open to a condition of approval that said, prior to the Certificate of Occupancy of the first duplex, those facilities would be complete and available to the owners. Mr. Hoeppner responded the tennis courts would need to be completed because they are a critical part of their business and an amenity for the clubhouse members. As far as the community building was concerned they would certainly entertain a discussion or a commitment to build it by a certain point. He then gave examples of 452 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 the performance of a project and staging and said they would be open to discussing a certain number at a certain stage. Mr. Hoeppner continued saying, as an example, many times with condominium projects, lots of times the homeowners' association is turned over to the owners when it reaches 50% sold. He said that might be a good trigger for the homeowners as well because then their amenities are in place at the same time. Commissioner Quill then asked if this was intended or being designed to be a condo -hotel type of venture. Mr. Hoeppner replied just condominiums, no hotel. Commissioner Quill asked if there was any assurance that the community center would be built with the first phase of development. Mr. Hoeppner explained the phasing again. Commissioner Quill asked if they had met with the neighbors in the cul-de-sac. Mr. Hoeppner said yes. Commissioner Quill said at one time this was the premier tennis facility in the Valley. He asked about the state of tennis users that live at PGA West. Mr. Hoeppner said the PGA West tennis usage had dropped significantly over the years. He said they had great facilities at the Resort and around the community. He said their future focus was that tennis would be a micro business used to sell the Resort, and not a major business entity like golf. That's why they were building smaller, higher quality tennis facilities. Commissioner Quill asked if the tennis facilities were open to the general ownership and membership of the club. Mr. Hoeppner said it was primarily for the private and tennis club members. Commissioner Quill said the new tennis courts would be for the private club members, not just for the 56 units. Mr. Hoeppner said that was correct. The Villa owners, themselves, might also have tennis memberships. 453 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill said the tennis facility was part of the membership of the private club and not necessarily tied to those condominium - duplex units. Mr. Hoeppner said that's correct. Commissioner Quill asked if the concrete wood piece that was on the board (#8) was the fascia on top of the community center. Chairman Alderson asked if that was the metal siding he was referring to. Commissioner Quill said the concrete wood piece (#8) was faux wood. Mr. Olson said it was actually a concrete wood siding product and was going to be used as a wood accent on the elevation. Mr. Olson pointed out on the slide where it was located. Mr. Hoeppner said it was in lieu of wood products as it provided better durability in this area; especially in the summer climate. Commissioner Quill asked if they would be maintaining and operating the tennis facility until they are permitted for demolition and construction of the new subdivision. Mr. Hoeppner said that was correct. Commissioner Wilkinson asked if he knew how many tennis memberships they currently had. Mr. Sezna said about 350. Commissioner Wilkinson then asked how many were active. Mr. Sezna said he knew they were underutilized. Commissioner Weber said he was still confused on staging and asked about the significance of the sequence numbering shown on the plans. Forrest Haag, Forrest Haag Architects, 1254 N. Coast Highway, Laguna Beach CA responded there was no significance in the numbering other than as plan reference numbers. Commissioner Weber asked if the plan numbers had any significance on which units would be built first. Mr. Hoeppner said there hasn't been any discussion on that. He said, for discussion sake, it would be better to start from the west and work out rather than from the front 454 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 door. He added, looking at the infrastructure, water and sewer installations, and elevations, that would play a lot into where they started. Commissioner Weber said what he was concerned about was what was going to happen after the project was approved and grading started. He was concerned that the project would sit with a green fence around it, and the City Council would get complaints about it being up there too long. He understood they had certain standards to maintain but, early on in the process, there should be some kind of assurance whether conditions or not have to be made in regards to staging to make sure that there was some kind of commitment. He was most concerned about the tennis side of things and what was going to happen. He said he understood that they were underutilized, but didn't think the statistics on the underutilization of the tennis courts had really been shared. He wanted to hear about the process they used to determine that tennis was going to be more of a micro business, in the future compared to golf, and did they factor in the aging of the PGA West population as having a significant impact to the percentage of folks looking at tennis. Mr. Hoeppner said certainly golf was their core business. They have nine courses, and they are very expensive assets. Over time things evolved, including the dwindling requirement for tennis from guests and groups. They have heard from their tennis membership and potential businesses that they would like to see the quality of the facilities improve. They have had internal discussions ongoing with the Resort on how to create better amenities, by having the optimum number of courts. There is currently very little play on the tennis courts at the Resort and PGA West. Commissioner Weber asked if that substantially differed in ten years, or so, what would be the plan of attack. Mr. Hoeppner responded they have other areas where they could build tennis courts, if needed. They could also do paddle ball or racquetball or whatever came about. He compared these amenities with the current need for spas. They are currently very cachet. Everyone has to have one, not as an amenity to guests, but to attract groups and also for local residents. It's an ever -evolving business. DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Weber said they addressed a lot of the ALRC comments, and that was really good because there could have been some issues of concern. And they were working with staff and the consultants and made the right move on that. He asked that they clarify if the darker color was still a part of the options they wanted to have. Mr. Hoeppner said what they presented was just options for discussion and they were perfectly happy with what they heard from the ALRC; in that they wanted to see some variety instead of everything being one color. They had no problem with that. He commented they had offered several different shades for discussion. He said they just wanted to be sensitive that there would be a little bit of variation. Chairman Alderson said that point was made early on. The ALRC and staff recommendations to tone down the colors have been done so that point has been made. Commissioner Weber said he was trying to make sure he understood that this was an option. Commissioner Weber asked if they could talk a little about the process for outreach or notification of the membership. Mr. Hoeppner explained they had previously held an open house at the PGA Stadium clubhouse. It was attended by about 40 or 50 people; all homeowners' association members or residents. They had a presentation with himself, Forrest Haag, and Davis Sezna. It was very well received and they took comments/feedback from that meeting and incorporated it into the plans. There were issues such as the entry drive, the maintenance access drive, and landscape buffers. They were very favorably received and they documented to staff what those comments were and how they addressed them. They also met with the homeowners' associations to request their incorporation of this project into the master homeowners' association, and that was a very successful meeting as well. Commissioner Weber asked if they felt it was pretty favorable. Mr. Hoeppner said yes. Commissioner Weber asked since you addressed 456 DRAFT— EXCERPTS OF Planning Commission Minutes September 22, 2009 the homeowners' association I assume the areas along the PGA Boulevard would be part of the master and would this then be part of its own separate homeowners' association. Mr. Hoeppner said it would be incorporated into the Residential 2 Homeowners' Association. Commissioner Weber asked if those conversations had occurred with the Residential 1 and Residential 2 homeowners' associations. Mr. Hoeppner said he had a letter of acceptance and agreement. Commissioner Barrows said she just wanted to follow up on a question on the tennis issue. Was there any specific feedback, in the sessions held with homeowners and others, about the tennis issue and the reduction in the amount of tennis courts. Mr. Hoeppner said not in this project. Commissioner Barrows said, so that has not been a concern from that community. Mr. Hoeppner said no. Commissioner Barrows asked for an explanation of the designation Tuscan Territorial Modernism. Mr. Olson responded it is a style of architecture that has a heritage of desert contemporary that has existed in the Valley for years. Modified Tuscan and his interjection of the term "territorial" is a similar term his firm has used in Arizona and Nevada. It really is the core of using materials that are regional. You look out to the Santa Rosa mountains and it is all rock. You're sitting on a geological granite formation here, so that term of territorial means to integrate more of the regional materials that probably would have been used in the early days. Existing readily available materials like stone, like a lot of sand being used in stucco and site walls and things like that. Commissioner Barrows said they mentioned green practices and water conservation and it looked like the community center had a very nice overhang to help ameliorate the sun falling on the windows, but she didn't see that in the villa units. The front elevations are going to be facing different directions in this area, the south and west exposure in particular, are pretty severe and it was not clear how there was going to be any shading or any type of protection, for the windows. 457 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Olson responded there would be a variety of technology to help temper those conditions; such as low-E glass. They have deeper set windows, the use of shade and shadow, and they've tried to incorporate some shade devices like trellises, but not to the extent of large structured horizontal shade structures, like the community center. Commissioner Barrows asked if those windows would be deeper set. Mr. Olson explained they were and pointed out several windows and their setbacks. He explained the setback differences between these and traditional windows. Commissioner Barrows said it was a question she was interested in because she was concerned about the potential homeowners, and said you can ameliorate that with low E and with triple -glazed windows. In terms of the colors, she just wanted to clarify this because it sounded like the suggestion was this was a proposal and the Commissioners could provide some feedback and some discussion on that. So the color palette that was shown was for three different colors; 5, 6, and 7. She asked if all of those colors now were no longer part of that presentation or were they talking about the lightest color. Mr. Olson said just the darker colors, like 6 and 7; they would probably still use 5. Commissioner Barrows asked if 6 would be an accent color. Mr. Olson said it was a little hard to see, but 6 would be the darkest for an accent, but they would definitely drop 7. Commissioner Barrows asked if the colors in the new presentation are all different or was 5 in there since it was hard to tell. Mr. Hoeppner said when they went through the building permit process, they would submit a new color palette that was consistent with the design instead of trying to come up with a board tonight. They wanted to get a flavor for the Commission's direction and then incorporate that direction in the final building permit design. Commissioner Barrows said she appreciated that, but she was trying to get a sense of it. She said some of the A, B, C presentations, lost a little bit in taking out some of the deeper colors. She said they added a richness, and she wanted to make sure she knew which colors they were talking about. "458 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Hoeppner asked if it would help if they said they would offer colors A and C for approval, as a solution, versus saying "pick one". Commissioner Barrows, said maybe, as she was possibly more tolerant of the darker colors than others, it looked to her like it was a whole different set of colors. Mr. Hoeppner said yes. Commissioner Barrows said you mentioned the water feature and it changed with this presentation. Mr. Hoeppner said they spoke with staff and understood the water concerns in terms of excess water use and water conservation. Water features are everywhere at entrances to residential developments so they automatically did that. They are going to replace the water feature with a landscape or sculpture -type monument entrance instead of a water feature. Commissioner Barrows asked if there was turf proposed along the walkways for the residential area, or some smaller areas of turf. She said there was a condition that limited the extent to which that turf can occur up against the sidewalk. Mr. Haag said they are controlled by what CVWD allowed them to irrigate and obviously the plant palette was very much desert species, with drought -tolerant plants. Some areas of concentrated turf blended more closely with the look of the Palmer Course, etc., and some of the other common areas to the residential areas that exist. There is a new ethic so there is going to be a lot more desertscape. Chairman Alderson said you have an elevation that has been modified to fit the requests of staff and the ALRC, now you have to provide a color palette that matches that. Is that what we are talking about. Mr. Hoeppner said yes. Chairman Alderson said the ALRC didn't come up with a firm recommendation, but we have a lot of good comments from them, both pro and con on this project and asked staff to let them know that the Commission had taken them into consideration. Chairman Alderson said marketing will dictate your phasing, is that in effect what you told Commissioner Quill. Mr. Hoeppner said yes. 4 5 '� DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson said when you get out into the parking lot I don't see a lot of infrastructure. Change is required when you're talking about feeding the main clubhouse and also the subordinate piping coming off underground wet -and -dry utilities to this clubhouse. So the work that I see in the parking lot is primarily restructuring of hardscape paving and paving striping; not a lot of underground work. Mr. Hoeppner replied there was not in the main entrance to the clubhouse. Chairman Alderson commented it was not going to be torn up too badly other than to re -stripe and re -configure the site concrete. Chairman Alderson said there were eight units which were adjacent to the street behind. He commented on the one-story versus two-story homes and the Commission's sensitivity to sight pollution. He also mentioned some very large shrubbery -laden fencing along the entire south of the entire project and asked if they were going to be able to salvage that in construction so the screening could mature and remain. Mr. Hoeppner said they identified that as being important to maintain. They have designed/made provisions within their plan to keep those plantings. Chairman Alderson asked if that was a yes. Mr. Hoeppner said yes. Chairman Alderson said Commissioner Quill was talking about conditioning the project with reference to the phasing. He didn't get a solid answer as to whether or not the applicant would commit to phasing, to holding up occupancy of the first unit unless they had the clubhouse and the tennis courts. Commissioner Quill said, just for clarification, he was talking about this community center, not the clubhouse. He wasn't referring to the clubhouse remodel, and when he referred to infrastructure he wasn't referring to the parking lot of the clubhouse, but to the street; internal improvements within this project. Chairman Alderson said, but the infrastructure he referred to would affect both of them and asked if the applicant could say yes or no to that. 460 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Hoeppner said if it was based on the first unit to be occupied, or certificate of occupancy (based on a duplex of two or four), they would probably not be able to do that economically. However, if there is a mechanism to trigger the construction or completion of the option as he mentioned earlier as being when 50% of the project was sold, or occupied, then the development would be turned over to the owners, that would be a good milestone to have the clubhouse up and running. He said it was their intention to have it built sooner, rather than later, because otherwise they would have a lot of unhappy purchasers. He said, in fairness to the business and the economy, they would like to have that come at a more economical time to the process versus laboring the project early on with that cost. Chairman Alderson said he didn't have concerns about the financial viability of this project because of Pyramid's reputation. He asked if they would be using local builders and general contractors. Mr. Hoeppner said it was their company's policy to work with local contractors and consultants. It is a benefit to the community to keep the local people employed; whether it's local craftsman or suppliers. Commissioner Weber had a question on exhibit C4 which showed the layout, prepared by MDS, regarding the hedge along Double Eagle Way. He said it was a very large space on the layout and was noted as being a proposed perimeter open space, he questioned whether the hedge was going to be retained when the plan showed a proposed perimeter open space. Mr. Hoeppner said it was shown as being retained in the attachment package, but not on the screen exhibit. Commissioner Weber said it was shown as open space. Did that mean it would not have structures on it; and the hedge was going to be retained. Mr. Hoeppner said yes. Chairman Alderson asked if there was any public comment. Mr. Gary Tomak, 54-991 Tanglewood, La Quinta CA, (PGA West) introduced himself and said he has lived there for about 20 years. He said he has never been disappointed with anything that has been developed out there and nor with anything the City has approved. It 461 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 has been a gorgeous place to live. He was not for or against this project, but had one concern, regarding the timing of the issue. Because of the housing downturn there's going to be more homes in foreclosure coming on the market, and he has been waiting to see the development of the residential project which has been put on hold. He commented on nearby projects that have been put on hold and have become eyesores. He added that in PGA West there are timeshares that are sort of half -completed and residents are waiting to see a finish on that, so that the green screens will not continue on for years. He commented on the housing bubble and asked what impact the addition of 54 more units would have on the completion of the existing projects in La Quinta, and the homes that are currently on the market. Mr. Howard Culver, 55-501 Southern Hills, La Quinta CA (PGA West) introduced himself and said he wanted to address a couple of issues. The first issue had to do with architectural vibrancy and asked that the Planning Commission, and staff, temper architectural vibrancy with architectural compatibility. He commented on the mountain views from PGA West and that he didn't think the steel and metal finishes proposed were compatible with that. He said the Commission had been concerned with color and the applicant had revised the color to a more moderate tone but, as stated by a staff member, this is the first time they have seen it. They really haven't seen what it is going to look like. He thought the members at PGA West would prefer consideration of something more compatible with the general area around where this is going to be located and go to compatibility before vibrancy. Mr. Culver continued with his second issue which had to do with the presentation of timing and sequencing of the development. He said, as residents of PGA West, they had always been told that before any construction of the villas, that the tennis courts and the existing gym/ fitness facility would be done at the main clubhouse so that there would be no period of time where there would be no tennis courts or fitness facilities. The plan does call for modifications of the main clubhouse, but it has always been presented that the fitness facility would be totally new and developed and the main clubhouse and the tennis courts built before any work was done to demolish existing facilities. If that is a change then I think everyone needs to know about it because that is not what has been presented before you. I am DRAFT -EXCERPTS OF Planning Commission Minutes September 22, 2009 unclear right now as to whether there is going to be a fitness facility at the main clubhouse, up and operating in full extent before the existing one is torn down and whether the new tennis courts are going to be up and operating before the old ones are taken out. There were going to be five tennis courts, which meant they were going from nineteen to five and the five were going to be on new property. He asked if the five tennis courts currently existed. Chairman Alderson responded there were going to be five courts in a different location. Mr. Culver asked if the new courts would be built before the old courts were taken down. Chairman Alderson said that was not how he understood it. Mr. Culver reiterated would there be a period of time where there would be no tennis courts at all? Chairman Alderson said unless there were some other tennis courts. Mr. Culver responded there were no other tennis courts. Chairman Alderson said then the assumption was probably correct. Mr. Culver then suggested the Commission ask about the fitness facility because there was no other fitness facility. If the existing health and fitness club was torn down and there wasn't one built at the clubhouse, there would be no health and fitness facility for an undetermined period of time. All of those representations had been made to all the PGA West membership that there would be no interruption in tennis facilities or the fitness center. Chairman Alderson told Mr. Culver some of his concerns would be addressed in the next presentation about the clubhouse. Mr. Culver said it was never clarified as to what the sequencing would be. Chairman Alderson said they would be touching on that shortly. 104.._ 4 6. DRAFT— EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill had a question for Mr. Culver regarding his first point. He said PGA West was started in 1983, when it was constructed, some of the first duplex and triplex units were contemporary in design. Then they started going to a more Tuscan or Mediterranean, or Spanish Colonial and then there were the custom homes that were built some of which are extremely contemporary in their design in textures and use of materials and the actual clubhouse facilities which were very contemporary and didn't necessarily have a tie to the existing structures. PGA West, in and of itself, is a very eclectic architectural design community right now. He asked Mr. Culver what he wanted because there wasn't anything about the architecture at PGA West that was consistent. Mr. Culver responded there was a certain compatibility, in terms of color and general architectural style and exterior furnishings. He agreed that the existing clubhouse and health and fitness facility were not the models to go by, but in terms of the colors they are very dark colors which are totally incompatible with anything in PGA West and a lot of the desert. If the applicant is toning them down, we don't know how much they have toned them down. I appreciate their willingness to do it. My concern is that you drive around PGA West and see the colors there and have them change the colors to be more compatible with those, not something glaring and different and that would probably go with the main clubhouse. I know we're going to get to the main clubhouse later on and I will save my comments for a major objection to what they are trying to put there. He didn't have any problem with general modifications to the main clubhouse because it is dated, it is not necessarily compatible, but it is low and sort of unobtrusive. Chairman Alderson asked if he intended to speak on the other project. Mr. Culver said yes. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. City Attorney Jenson wanted to point out that since some of the facilities that they were talking about were within the footprint of this map, they could add a condition of approval relating to there being no 464 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 demolition permit on the existing tennis clubhouse or the tennis courts until the replacement facilities were up and ready. Chairman Alderson asked Counsel if she was saying they could condition the tennis facility to have to be done first so those facilities were functioning which would force that phasing on to the developer. City Attorney Jenson said yes the Commission could add a requirement that there would not be a demolition permit issued for the existing tennis clubhouse or the existing tennis courts until the new ones were in place. Commissioner Quill suggested the public hearing be re -opened to allow the applicant to respond to the some of the comments and then keep it open to allow questions. Chairman Alderson asked the applicant if it would be beneficial to him to have the public hearing re -opened, so he could respond to the comments he'd heard. Mr. Hoeppner said yes. Chairman Alderson then re -opened the Public hearing portion of the meeting. Mr. Hoeppner said, in response to the comments, their intent would be to replace the existing tennis courts prior to start of construction because the tennis courts already existed fairly close by. It would be easy to construct those tennis courts without any impact to the level of play or service to the members. There's already tennis courts there so they would just be re -surfaced and it would be worked out, in terms of logistics, of when certain courts closed and the other ones open. The tennis courts exist there already. We'd just be improving those prior to starting construction and demolition of the other ones. Commissioner Weber asked if the applicant was referring to the five new courts where there were currently some grass courts there. Mr. Hoeppner pointed to the map and showed where those courts already existed and the extension of the green area. So those courts could be constructed prior to demolition. 461 DRAFT -EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson asked the applicant if he would have no objection to a condition in that regard. Mr. Hoeppner said that was correct. Mr. Hoeppner said the clubhouse situation, and replacement of that, would have to be staged and said it might be better addressed in the clubhouse application because this may actually end up staying there while the other one was being constructed. Commissioner Wilkinson asked if the existing exercise/workout facility, clubhouse for the tennis courts would remain until after the remodeling for the main clubhouse facility was finished and all the equipment was moved. Rob Bernheimer, 45-025 Manitou Drive, Indian Wells, CA introduced himself and asked if the Commission could hold off on the discussion of dealing with this building until we get to the application on this building. He said they could agree to the condition, regarding the construction of the tennis courts, but it would end there for this application. He added they could talk about demolition during the next agenda item. Chairman Alderson commented his comments on the tennis courts would help solve part of the problem. Mr. Bernheimer said yes. Commissioner Wilkinson said there were some sunken grass courts out there. He asked if the elevations of the courts were going to remain the same, as he didn't see a grading plan. Mr. Hoeppner said it was about the same. Commissioner Wilkinson asked if it could be cut out and other courts built. Mr. Hoeppner said right, pointed out the slope, and then gave an explanation of what was going to be done. City Attorney Jenson said, for clarification, since the existing clubhouse was within the footprint of this map, it is appropriate to add that condition to this map because otherwise you would be creating lots underneath the existing building. You could put it in the other Site Development Permit as well, but you would want to have it in this geographic area because it is covering this map and if there is no intention to demolish that building in advance of doing the other then it shouldn't be a problem. She recommended that it actually be a condition on this map because this map shows homes where the existing clubhouse is. 466 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Wilkinson asked if she was saying the condition would read that the demolition permit could not be issued until the clubhouse remodeling was finished. Chairman Alderson commented on the dovetailing of issues with the big clubhouse remodel into this project, interacting with both and really getting complicated. Planning Director Johnson said the key thing to remember is that the Commission has four actions to review. One is a map which covers all 25 acres, including the adjacent clubhouse and as long as the condition is connected to the map, and not the Site Development Permit, that would be fine. He also added he thought the issue was the need for assurance that the amenities would not be lost for an interim period. Mr. Bernheimer said he thought that was a good comment and added he didn't have any objection to saying they would have to provide for this amenity somewhere on this overall site, before that's torn down, but they didn't know what the timing would be and how it would relate to the clubhouse. So, there could be some transitional application of that and they might have to create a facility for workout while construction and demolition was going on. If the condition was worded that the amenity be provided for without disruption of the use of the amenity, rather than just saying they could not tear this down until the entire thing was complete, then that was something they could live with. Chairman Alderson asked if the work on the big clubhouse was completed, and was made functional, so that you had a workout facility, that would take care of one of the concerns. The other concern would be to have tennis facilities ongoing and if the five tennis courts were put in, without the clubhouse, you would then need them both. That would then force you to do the big clubhouse first and we have not reviewed that application yet. Mr. Bernheimer said the conditions should be worded so that Pyramid would be required to provide a minimum of four or five tennis courts at all times, during construction and they would not have to parcel up the map. They would also have to provide similar workout facilities 467 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 for the membership, in this building, without saying you can't demolish this building. He said they were fine with having the conditions applied to both maps, but not to isolate different facilities. He was concerned that, right now, it appears as though they don't need material for grading, but what would happen if when they begin work and they have to demolish a few courts, but then leave four or five courts going while doing some of that site work. He said if we just talk about amenities, instead of actual physical structures, it would provide more flexibility. City Attorney Jenson said it was perfectly fine to say the amenities could be provided with the area. Chairman Alderson said that condition could be attached to the parcel map. Mr. Bernheimer said they were fine with both of those. Mr. Culver responded by saying what they had proposed had merit. However, he cautioned the Commission to make sure the applicant would not have an opportunity to provide the tennis or fitness facilities at the La Quinta Resort, since there are tennis courts and fitness facilities on that site. The PGA West residents would then have to go to the Resort to use their facilities. Chairman Alderson asked if Mr. Culver wanted the condition to be site specific. Mr. Culver reiterated his comments about the promise of no demolition without replacement facilities and he was concerned the applicant would say the PGA West residents would have to go to the La Quinta Resort for their fitness and tennis facilities for an undetermined number of months. Chairman Alderson then closed the public hearing portion of the meeting and asked Commissioners if they had any additional comments or questions. Commissioner Weber asked if the surfaces of the existing courts were grass, clay, or hard courts. The applicant responded there were all 468 DRAFT - EXCERPTS OF Planning Commission Minutes September 22, 2009 three types. Commissioner Weber asked if the five new tennis courts would be grass or hard courts. Mr. Hoeppner said it was yet to be determined. Commissioner Barrows asked Counsel about Commissioner Quill's previous question on Site Development Permit condition #37; which related to the improvements, building permits, and the project being partially completed. She asked if the current condition addressed that. Commissioner Barrows then read condition #37 which states: 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. City Attorney Jenson said the Commission would have to define what they meant by a "timely manner". She referenced the discussion they had about the new community center and whether to require it before the first Certificate of Occupancy, or when they were halfway through. She then gave examples of the types of wording that could be used and said those were items that could be specified in the condition. She recommended that they not rely on condition #37 as that related to the improvement security and was not appropriate. It needed to be spelled out in a new condition. Commissioner Barrows said she was concerned about one potential condition which related to provision of the facilities on an on -going basis for the recreational facilities and asked for further clarification, from Counsel, on the provision discussed. City Attorney Jenson said the construction was in reference to the timing of the construction of the new community center. She said the new facility would be designed for the 54 villa units and the remodeling of the clubhouse would be discussed in the next public hearing item. 469 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Barrows said she was concerned about what would happen after construction began and wanted to prevent being left with a graded, fenced, empty lot. That was what she wanted to address. City Attorney Jenson said the Commission could spell out those items; such as requiring the roadway improvements be installed. She suggested Principal Engineer, Ed Wimmer, would help with what is typically done for subdivision phasing. If there was something in particular the Commission wanted spelled out, it would have to be done, and could not be bonded for. If the Commission wanted the condition to read "prior to the first building permit", that would have to be spelled out. Chairman Alderson said that was the key. If site improvements get half -done, and not completed, what would be the point in holding the building permits as they would not go forward anyway, but if you had a bond on it, that would be helpful. City Attorney Jenson said there would be bonds required for all the off -sites, but some of things are not required as map conditions, such as the tennis courts and she did not thing the City would be holding bonds for those. She deferred to Principal Engineer Ed Wimmer for an explanation. Commissioner Quill commented that even if there was a bond it would take four years to get the money. It was a moot issue and not worth discussing, as a bond does not protect you. He did not think that was worth going into. .Chairman Alderson said the point I made regarding the financial stability of our developer -client here, hopefully, covers that. Commissioner Quill commented on the economic atmosphere and the instability of large brand name firms. His biggest concern was that they not demolish, or close anything, until they know they are going to build the other amenities. If they're going to build models for pre - sale, they should find a location within this site before they begin demolition. They might have to demolish some tennis courts but not the fitness center or clubhouse. He asked if they could provide 470 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 assurance to the Commission that they intend to build the community center and tennis courts; and, during construction, provide some kind of replacement fitness and clubhouse facilities prior to any demolition. Chairman Alderson commented on what the Commission was discussing for this public hearing item and asked if Council would repeat her earlier remarks on the suggested condition. City Attorney Jenson said the Commission could add a condition, to the tract map, that said the existing, tennis courts, tennis clubhouse and their amenities, would not be demolished until new replacement amenities were provided within the site of this map. That did not cover the clubhouse or the community center for these 54 homes. Commissioner Quill said they could do that by building permit. City Attorney Jenson said the Commission could designate a certain numbered building permit would have to be in place prior to obtaining a Certificate of Occupancy. Chairman Alderson said he thought that covered the concerns of all they had heard. Commissioner Weber read condition 75 on page 109, which stated: All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shalt be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. He asked that "and painted to match the adjacent buildings" be struck out because the transformers were utility -owned and that was not the developer's prerogative to paint them to match the adjacent buildings. He also wanted to add that the screening and landscaping be in compliance with the utility's regulations because there were issues regarding plantings around transformers and he wanted to see that included. Commissioner Weber said he appreciated the ALRC's debate on this. There were two opposing views, and a lot of consternation, and he 471 DRAFT - EXCERP-rs OF Planning Commission Minutes September 22, 2009 was glad there was an ALRC. He was still concerned as to why the phasing could not be clarified. He then commented on the applicant's responses to the setbacks, the water features, and the colors. He commented the Commission should be very strict about the amenities being in place prior to demolition. He said he still had an issue with the tennis courts being reduced from nineteen to five. He was not convinced that 20 years from now tennis would not be more than just a micro -business and saw this as moving in a direction that worries him. Chairman Alderson wanted it entered into the record that Ms. Sharon Burton, 55-099 Tanglewood, La Quinta CA, sent a letter regarding this project giving her thoughts on water preservation. He also read a letter from Mr. B. Richins, 54-299 Shoal Creek Road, La Quinta, CA, stating he opposed the project. Commissioner Quill said he'd just like to recommend that the following wording be added to Condition #75: you add "per the specifications of the appropriate utility", or words to that affect. That way it would cover IID (Imperial Irrigation District), or any other utility, from that perspective. Commissioner Weber said this is a major issue and the landscaping perimeters, around the equipment need to be maintained. Imperial Irrigation is actually going in and trying to work on this issue now. So, if this is a standard condition, it needs to be changed because the standard is no longer acceptable. Commissioner Wilkinson asked to see the ABC color palette exhibit. He said he was not opposed to the darker color, but was looking for compatibility with the surrounding architecture; in particular the adjacent project. Discussion followed regarding what was shown and what the original colors were. Commissioner Wilkinson asked if the Commission was to designate colors, was the applicant to select A, B, and C, and had the original designated color been dropped from the palette. Commissioner Barrows said that depended on how the motion was worded. 47 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson asked if Commissioner Wilkinson wanted to condition the project to utilize colors as is dictated in the revised condition. Commissioner Wilkinson said yes. Commissioner Barrows just wanted to clarify one thing regarding Commissioner Wilkinson's question on the colors. She said there is an existing condition that references the color palette being amended to represent the lighter colors typically found in PGA West and she thought what the Commission wanted to refer to was the colors presented at the meeting. Commissioner Weber asked if the community center was the residential center. Commissioner Quill responded that the community center was the building that was intended for the 54 unit tract. Commissioner Weber added he wanted to clarify and make sure he understood there would be no demolition of the existing tennis Clubhouse or a majority of the tennis courts prior to replacement facilities being in place, within the tract boundary. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-026 approving Environment Assessment 2008-601 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-027 approving Specific Plan 83-002, Amendment 7 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-028 approving Tentative Tract Map 36139 with amendments as follows: 1. Delete the following paragraph from Condition 44 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL 473 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #84 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-029 approving Site Development Permit 2008-907 with the inclusion/amendment of the following conditions: 1. Delete the following paragraph from Condition 36 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #74 to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 3. Change condition #76 to read: "The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile 474 DRAFT - EXCERPTS OF Planning Commission Minutes September 22, 2009 presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site." 4. Change Condition #78 to read: "The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 30`" building permit within the Villas project." 5. Change condition #79 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." Unanimously approved. B. Site Development Permit 2009-911; a request by Pyramid Project Management, LLC for consideration of plans for the remodel and expansion of the PGA West private clubhouse located at 56-140 PGA Boulevard; PGA West; west of PGA Boulevard. Chairman Alderson opened the public hearing and asked for the staff report. Chairman Alderson prefaced the staff report by saying this was being presented by the same applicant and there had been a lot of discussion of some of the issues involved with this project which did not need to be repeated. The Commission is now fairly familiar with the project and would not have to go over the same points. He then asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. 415 DRAFT - EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked staff to identify the location of the clock tower. Staff pointed out its location. Chairman Alderson asked if staff had the same color concerns as they did on the previous project. Staff said no, but the question of color did come up at the ALRC so it could be a point of discussion for the Commission. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Ken Hoeppner showed a slide presentation regarding the Clubhouse. He started with staff and ALRC's previous comments, some of which were regarding water features, at both the front entry and the rear of their proposal. Unlike the water feature introduced in the prior application, this water feature was truly interactive and a key part of their marketing and business model, at the Resort and at the clubhouse. It would be a great opportunity for wedding and group photos, and they would like to keep the water features, but they would certainly be aware of water conservation issues to minimize water usage. He also commented on their use of green building initiatives since this was an old building and needed updating. He discussed some of those updates. He also commented on access to the tennis courts which would be provided by a walkway from the Clubhouse to the tennis courts. At last there was the issue of architectural design in which they tried to introduce uniqueness and character to liven up the existing architecture at the clubhouse. They introduced some different materials and elevations and he showed slide renderings and perspectives of what the proposed clubhouse would look like. Chairman Alderson commented this was the first time the Commissioners had seen the renderings as it was not in their packet. He then asked if the circular planter shown was existing. Mr. Hoeppner said that was approximately in the same location as the current drop off. Chairman Alderson then asked if that was an active water feature. Mr. Hoeppner said yes. 4763 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill asked if the blue designated area next to the entry was water. Mr. Hoeppner said yes. Mr. Hoeppner went on with a slide presentation which showed some of the work previously done at the Stadium Course Clubhouse as well at the existing facility, at the private clubhouse, before and after. Commissioner Quill asked about the water features and Mr. Hoeppner pointed to one of the slides which showed a water wall. Chairman Alderson asked if that was the water feature Mr. Hoeppner referred to earlier, for photo opportunities. Mr. Hoeppner said yes. Commissioner Quill asked if it was similar in size and scope to the one in the present resort hotel courtyard. Mr. Hoeppner said it was a larger scale than that. Commissioner Quill asked about water usage in the front entry. Mr. Hoeppner said they recognized the sensitivity to water conservation and would try reuse and minimize water usage. Commissioner Alderson asked about the three circular water fountains noted on the plans. Mr. Hoeppner said the only water feature would be in the center, by the porte-cochere. The rest of the circular notations were landscape islands. He then explained where the rotunda would be and the water feature in the middle of the drive court, as well as the water around the palm trees, at each side of the entrance. Commissioner Weber asked which ones were new. Mr. Hoeppner said they were all new; except the center one replaced an existing one. Commissioner Quill said he liked the plans. Commissioner Barrows commented on the various locations on water features. She the read Condition #59, which states: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. " 477 DRAFT — EXCERPTS OF Planning Commission Minutes September 22, 2009 She then noted there was grass shown right up to the curb contrary to this Condition. Commissioner Quill pointed out they were not public streets. Commissioner Barrows said regardless of that it would still create water runoff into the street or other surface. It would be a maintenance issue for the City if it were a public street, but it still creates a condition where water is running off onto pavement and not being productive. She was concerned about that and the lack of information on the water features. She commented on the fact the Commission has been reviewing water features very carefully to ensure that the water source is recycled water she assumed that was the case. Mr. Hoeppner said he was assuming that. Commissioner Barrows said it was difficult to assess them without a complete presentation. Mr. Hoeppner said he understood. Chairman Alderson asked about the landscape plans coming back to the Commission. Planning Director Johnson said the standard procedure was to have it go to the ARLC, and then be reviewed by the Planning Director. Chairman Alderson said the Commission could make a recommendation to review those plans since Commissioners Barrows and Quill had those concerns regarding the configuration, size and function of the water features. Staff responded the Commission could direct it to come back as a business item. Chairman Alderson said he did not think it was worth bringing back the entire project. Commissioner Quill clarified that he just wanted the water features brought back, as a general business item. Mr. Hoeppner said they could certainly accommodate that. Commissioner Barrows said she thought it was a great looking building and didn't have any concerns about the architectural compatibility or colors. She did say the report contained comments regarding sustainable or green building construction elements which did not appear to be a focus of the proposed remodeling and expansion plans; however, the applicant's presentation stated they were a focus. She commented the City is encouraging green and sustainable building ... 478 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 practices and asked if the client could give the Commission a little more information on their plans. Mr. Hoeppner explained his company's philosophy and the fact that California has will be adopting more strict building and energy codes. They would definitely be in compliance with that and would support incorporating those building codes into the project. Commissioner Barrows said the clubhouse addressed her concerns with regards to shading, but she did have a concern about landscaping and water runoff. Chairman Alderson asked the applicant if this could be addressed. Mr. Hoeppner said he believed so. Chairman Alderson asked if Commissioner Barrow's concerns could be covered in the landscape plans forthcoming. Mr. Hoeppner said he believed so and said they could look at decomposed granite (DG) and other kinds of alternate materials. Commissioner Barrows said a lot of that had to do with the irrigation system. Mr. Hoeppner said that was correct. Commissioner Weber asked what shade fabric was to be used. Mr. Hoeppner said it would be Sunbrella. Commissioner Weber said he echoed the comments about energy efficiency and Title 24. He added that the City of La Quinta tried to go beyond that as energy and water efficiency is becoming more of a focus. He then commented on State requirements and the importance of water. He added, the water features needed to come back as a business item since the Commission had so many questions on those features. Chairman Alderson commented on the fact that the applicant removed 140 parking stalls and asked if he was still in conformance. Mr. Hoeppner said yes. Chairman Alderson asked about the location of the turnaround versus the current driveway. Mr. Hoeppner referred to its location on the site plan. Chairman Alderson asked if the flow of the traffic would remain the same. Mr. Hoeppner said the front door is in exactly the same place. 479 DRAFT— EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson asked if they were able to save any of the large specimen palm trees. Mr. Hoeppner responded that was part of what their proposal included. Chairman Alderson asked if there was any public comment. Mr. Culver asked about various buildings, shown on the power point slides. Mr. Hoeppner pointed out what each building would be. Mr. Culver asked if, procedurally, this matter could be considered, since he received a notice about one public hearing item, but not the other. Chairman Alderson asked if they had been noticed on the same document. Staff responded both hearing notices were sent out. They did not know why Mr. Culver received one and not the other, but said they had documentation representing the distribution. Mr. Culver commented on an earlier discussion regarding site pollution and said he was opposed to the 45 foot clock tower. He referred back to the (City Council) Eden Rock proceedings and the denial of their clock tower. He was shocked to see another proposal to put a clock tower in to block the view of the mountains and thought it should be eliminated here as it was incompatible with the surrounding architecture. He then commented on some of the pictures, the prominent position of the clock tower, and the relationship of the signature mountains behind it. He then urged the Commission to deny the clock tower. Mr. Culver also inquired about the shade structure on the terrace and asked if they would be included on the dining terrace. He also commented on the previously -raised issue of window shades and covers and wondered how extensive the shading would be and asked if there were any pictures included in the proposal. Chairman Alderson thanked Mr. Culver and said he appreciated his comments. He then asked if the applicant would like to address Mr. Culver's comments. 480 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Hoeppner said the shade structure was on the rear of the patio area just like the one at the Stadium Clubhouse. Chairman Alderson asked if that was a dining area with individual seating and umbrellas. Mr. Hoeppner said no, it had a shade structure. Chairman Alderson asked if the applicant understood the concern and could deal with it. Mr. Hoeppner said yes. Commissioner Quill said the clock tower looked no higher than the fireplace chimney. He asked how much taller the clock tower was than the top of the parapet. Mr. Hoeppner said he did not have the dimensions handy. Chairman Alderson said on the west elevation it appeared the clock tower was the same height as the building. Commissioner Quill said it looked like it is the same height as the parapet for the equipment. Mr. Hoeppner said it was about the same height of the building; or five feet higher in certain locations. Planning Director Johnson said, based on the information available, there is a one foot difference from the highest parapet point of the building. Mr. Culver said one of the pictures, he saw, showed very clearly that it was more than a foot. Mr. Hoeppner located the slide and said that was a perspective picture. Mr. Culver said people would look at that perspective and see the clock tower was more than a foot above. Mr. Hoeppner then explained about the slide showing perspective. Chairman Alderson said the dimension drawings do show the scale and that alleviated his concern. Mr. Culver asked if there was a clock on the clock tower. Planning Director Johnson offered to show Mr. Culver the plans which went into more detail. Chairman Alderson told Mr. Culver to see staff to review those plans. 481 DRAFT — EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Culver said he had one more issue and that was to urge the Commission, and staff, to postpone this item until later in the season. Right now there were only 10% of the PGA West residents present and this should be presented later. He said, in other words, ask the Council to consider this in the winter season, when 90% of the PGA Residents could be present instead of trying to pass it through when there was virtually no one around. Chairman Alderson said it was so noted and thanked Mr. Culver for his comments. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber asked when this project would be presented to City Council. Staff said if the recommendation was brought forward this evening then this matter would go to Council on October 6, 2009. Commissioner Weber asked that this information be shared with Council and said the only other issue he had was regarding the standard utility comments. Commissioner Barrows commented the building might look better without a clock tower. She did not have any concerns about the architectural compatibility, as it was a good territorially -inclined modernization of the site. She did think the Commission should review the water feature, as a future business item, and commented on adding a recommendation about the lawn/water runoff issue. Chairman Alderson asked staff if they address Commissioner Barrow's concerns on the landscape designs. Staff if it was the Commission's recommendation to Council, they would make sure it was clearly stated in their conditions. Chairman Alderson said Commissioner Barrow's comments and concerns should be shown on the landscape plans that were yet to be designed and brought before the Commission. Commissioner Barrows said that could be added as a condition. Commissioner Wilkinson asked if the clock tower was any different in height than the chimney, at the maximum height. Staff said there 48' DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 was approximately a one -foot height difference. Commissioner Wilkinson said he did not see a specific height listed for the chimney, but looked about the same height or lower. Commissioner Wilkinson commented on line -of -sight and the possibility the clock tower would probably not be seem as you drove in. He then commented on the proximity of the closest residents and pointed out the location on an aerial. He then said, after looking at those locations, he did not think that it blocked any views, or has any line -of -sight restrictions for any of the residents. Chairman Alderson agreed. There was no further discussion and it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2009-030 recommending approval of Site Development Permit 2009-911 with additional recommendation as follows: 1. Delete the following paragraph from Condition 33 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Condition #59 shall be amended to read: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. The use of turf in proximity to hardscape throughout the project site shall be minimized in order to prevent irrigation overspray." 3 Condition #70 shall be amended to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical a.. J DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 4. Condition #72 shall be added to state: "Detailed description of water features shall be returned to the Planning Commission, as a Business Item, for approval, prior to any building permits being issued." Unanimously approved. 484 ATTACHMENT 10 Attachment 10 Revised Building Color Palette 485 m -i,p=jl -§ - aR igCE Qia F ram- D C u O .fin u o oa oo M1 „r .s:.: S::zp9=� �y+ W J T W 3ar u ffgg II P O r aa R o 00000 y67 6'z+'f poi `�5e"e° i••�4ff W L �I":., i v'd. -`� i, � - -- iW�iz°O�- 3 O m I E9 ' r � I < I I I o I FS i I I I 4 \ I 1 i i t N 1 a � Q V tip, "ia V J Fj i C3 I I 3 I w I t7 (I I w Z 0 W v z z Q cy O n. Y " 486 M 487 1 II II • 1 1 1�I � 101 DG FROWN rii8 L� � E1 3TIIC9`l� ICI 1�I • ATTACHMENT 11 45-025 ManitoKr Drive, Suite 3 - Indian Wells, CA 92210 Phone 760.360.7666 Fax 760.776.1760 Rob(a)RobBernheimer.com September 29, 2009 Mr. Les Johnson Planning Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Pyramid/PGA West Private Clubhouse & Golf Villas SDP 2009-911 & SDP 2008-907; TTM 36139 Dear Les: At the Planning Commission meeting of September 22, 2009, Pyramid agreed with a condition that was added to the entitlements reference above. The condition requires replacement tennis and Health & Racquet Club facilities located somewhere within the two tracts prior to demolition of the like facilities. Pyramid continues to agree with the intent of this condition and understands the concerns raised by the Planning Commission. However, upon reflection after the Planning Commission meeting, the Pyramid team has some safety concerns that may arise during construction. The extent of construction at the Clubhouse will likely cause its temporary closure. if the existing health facility is either already removed or is being removed at the same time, the construction site may be too dangerous to have that use specifically within the two tracts. Therefore, we would like the condition to be amended to add at the end of the condition: "To the extent temporary health club facilities are established during construction, this condition shall be satisfied if such temporary facilities are located within the core of PGA West, not to exceed 2,500 feet from the PGA West Private Clubhouse." We believe this follows the spirit and intent of the Planning Commission approval and ask that the conditions be modified to reflect this change. Thank you for your assistance. Cordially, l /� Robert A. Bernheimer 4B9 Pik 4 1 'e*k,a. PYRAMID H O T E L G R O U P October 6, 2009 Ms. Terry Henderson Mayor Pro-Tem City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Environment Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907 Site Development Permit 2009-911 Dear Ms. Henderson, On October 1, 2009, Pyramid Hotel Group received a letter from the PGA West Master Association requesting a continuance of the City Council hearings for the above referenced projects. As a result of this letter, we have met with representatives of the Master Association to discuss the concerns expressed. The meeting itself was non -contentious and there was a productive discussion and understanding of the issues. There is a mutual feeling that the concerns and issues can be resolved between Pyramid and the PGA West Master Association in a timely manner. Although the request was made for a six week continuance, it was mutually agreed that 30 days is sufficient. As a result, we respectfully request a continuance of these hearings to the City Council meeting of November 17, 2009. Thank you for your consideration in this matter. Regards, Ken Hoeppner Vice President Pyramid Hotel Group Cc: Richard Hayes — rhavesexoCo)aol.com Jim Murphy—iimooaw@aol.com Rob Bernheimer 490 ~ S F`y OF Tom' COUNCIL/RDA MEETING DATE: October 6, 2009 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving Plans for the Remodel and Expansion of the PGA West Private Clubhouse Located on the West Side of PGA Boulevard, Between Avenue 54 and Avenue 58. Applicant: Pyramid Project Management, LLC RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Site Development Permit 09-911, subject to the attached Findings and Conditions of Approval. FISCAL IMPLICATIONS None CHARTER CITY IMPLICATIONS None BACKGROUND AND OVERVIEW Zoning: Low -Density Residential (RL) General Plan Designation: Low -Density Residential (LDR) Surrounding Zoning and Land Uses: North: Residential JR 28259-1); Golf Course 491, . South: Proposed PGA West Golf Villas (TTM 36139) East: PGA Boulevard West: Golf Course/Driving Range Property Description and History: PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, there are three golf course clubhouses within the PGA West community. The Norman Course Clubhouse is located within the Norman Course community on the east side of Madison Street. The Stadium Clubhouse is located at the southern terminus of PGA Boulevard, which underwent an expansion in 2008. The applicant is proposing to remodel and expand the Palmer Private Clubhouse, which is located on an approximately 9-acre site on the west side of PGA Boulevard (Attachment 2)• PROPOSAL Overview The PGA West Palmer Private Clubhouse is located off of, and takes access from, PGA Boulevard. A main entry drive leads from the street to the clubhouse courtyard. The proposed PGA West Golf Villas (SDP 08-907) is to be located south of the clubhouse area, with a number of tennis courts between the clubhouse and nearest residential property line. The redesigned parking lot will provide access to the clubhouse as well as to the Villas. For this application, the applicant is requesting consideration of the structure, design, and associated landscaping plans for the expansion of the Private Clubhouse. The existing two-story Private Clubhouse is approximately 62,000 square feet, and includes dining, locker room, and office facilities. The clubhouse is primarily surrounded by non-residential, recreational uses, with the closest residential property line located approximately 350 feet away from the northernmost extent of the expansion. The proposed 17,700 square foot expansion, which will be the focus of this report, includes the construction of interior spa and fitness club facilities, two new pool facilities, and exterior patio areas (Attachment 2, Sheet 4). 4 9'' Clubhouse Expansion Included with this proposal are plans to expand the two-story, multi -use golf course clubhouse (Attachment 2, Sheet 9). The architectural style of the clubhouse, as referred to by the applicant, is Desert Territorial Modernism, and includes use of prefinished metal, colored concrete, stained woods, and ornamental metals (Attachment 2, Sheet 9 — 13)• The proposed clubhouse expansion plans maintain the main entry drive leading from PGA Boulevard to a vehicular courtyard (Attachment 2, Sheet 5). A new entrance area leads from the courtyard to the existing lobby of the clubhouse. Along the north and southern boundaries of the vehicular courtyard are new exterior loggias. North of the entrance lobby is the interior spa expansion (Attachment 2, Sheet 4)• This expanded area includes a spa reception, additional locker areas, a number of massage rooms, and a waiting/recovery area. Outside of the spa expansion area is one of the new pool areas, which include a spa pool, water feature, fire pit, and sitting areas (Attachment 2, Sheet 15). To the south of the entrance lobby is the interior fitness club expansion (Attachment 2, Sheet 15). This new area, which will replace the existing fitness center in the Health and Racquet Club, includes additional retail amenities, a fitness area, a yoga room, a child care facility, and a variety of office and storage spaces. In the area outside of the fitness center expansion is the second new pool area. Similar to the other pool expansion, this southern pool area includes a pool, spa pool, and a sizeable seating area. At the rear, or western end of the clubhouse, the expansion includes a small interior addition to the main dining area and an expansive new outdoor terrace and pavilion area (Attachment 2, Sheet 14)• As the clubhouse is situated on multiple grades and incorporates varying rooflines, the height of the building, including both existing and expanded areas, but not including the uninhabitable tower feature, averages approximately 35 feet in height at its highest ridgelines, measured from the lower grade level (west elevation) (Attachment 2, Sheet 11). The uninhabitable clock tower is approximately 45 feet in height, measured from the lower grade level (west elevation), which is no more than 1-foot taller than the highest portion of the clubhouse. In general, the expanded areas are the same height as the existing clubhouse; only the clock tower and front accent wall exceed the current building heights. The new clubhouse expansion totals approximately 17,700 square feet, bringing the total area of the clubhouse to approximately 79,700 square feet at the end of construction. Parking Lot The existing clubhouse parking lot is being redesigned as part of the clubhouse expansion. Currently, there are approximately 397 existing parking spaces at the 493 Private Clubhouse. A total of 257 parking spaces, including eight (8) ADA parking spaces, are provided in the new lot (Attachment 2, Sheet 6). Accessible sidewalks lead pedestrians from the parking lot to the main clubhouse entrance, two pool areas, and spa and fitness facility entrances. Although valet parking is available for special events, most patrons are expected to park their vehicle in the parking lot and walk to the clubhouse. Landscaping The landscape plan for the clubhouse identifies a plant palette consisting of low- to moderate -water use trees and shrubs generally consistent with what is permitted in the PGA West Specific Plan. Landscaping throughout the clubhouse facility is plentiful, is designed to complement the architecture and layout of the building, and also suitably integrates into the existing landscaped areas. Mostly utilized around the clubhouse site are various palm trees and shrubs, with some areas of turf, which has been limited to landscape planters near the front of the clubhouse and an existing lawn area near the rear of the clubhouse. The existing palm trees located within the parking lot planters will remain. The applicant proposes the use of existing Date Palms and both California and Mexican Fan Palms (Attachment 2, Sheet 24). New trees on the palette include Palo Verdes, Desert Willows, and Hybrid Mesquites. A variety of small and large accent shrubs, including Red Bird of Paradise, Desert Marigolds, and Trailing Lantanas, are proposed in the areas immediately surrounding the clubhouse and in the parking lot areas (Attachment 2, Sheet 32 — 38). The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 42 — 50). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. Walls, fences, and gates throughout the clubhouse site have several different design elements. Concrete masonry unit (CMU) retaining walls with stucco finishes, ranging from 4- to 14-feet in height, are prevalent throughout the clubhouse facilities. The applicant also proposes multiple water features throughout the project (Attachment 2, Sheet 5). The features range from smaller - scale features located at the main entrance to the building to larger -scale water features located at the automobile courtyard as well as at the rear of the clubhouse facilities (Attachment 3). PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. ,,..., 494 PUBLIC NOTICE The proposed project application was advertised in The Desert Sun newspaper on September 11, 2009 for the September 22, 2009 Planning Commission hearing and on September 25, 2009 for this City Council hearing. No written comments were received prior to the Planning Commission hearing, and to date two have been received for the City Council hearing (Attachment 4). Most notable is a recent letter from the PGA West Master Association requesting a 6 week continuance in order to allow additional time for PGA West residents to evaluate and comment on the proposals as well as time to adequately address issues of concern identified in the letter. ENVIRONMENTAL REVIEW The La Quinta Planning Department has prepared Environmental Assessment 08- 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommended a Mitigated Negative Declaration of environmental impact be certified. PLANNING COMMISSION ACTION The Planning Commission considered this request at its meeting of September 22, 2009 (Attachment 5). The discussion primarily focused on the architecture of the expansion areas, specifically the proposed clock tower and water features (Attachment 6). The Commission had minimal issues with regards to the architectural design of the clubhouse. The Planning Commission had no issues with the removal of the existing porte cochere or landscape design, and the proposed color palette was viewed as acceptable for use on the clubhouse. With regards to the clock tower, the Commission found it acceptable as it is approximately the same height as the main building areas, and does not result in a significant architectural inconsistency. The Commission also discussed the use and viability of the various proposed water features within the clubhouse site. After a presentation by the applicant which showed in greater detail the location and design of the features, the Commission concurred with the applicant that the features are pedestrian -oriented and acceptable for implementation into the project. However, a condition of approval was added that required the final design of the features to be reviewed and approved by the Planning Commission prior to issuance of any building permits for the clubhouse. v Public response to the proposed Clubhouse project at the hearing was limited to one PGA West resident who spoke and expressed concerns regarding the "visual pollution" caused by the proposed clock tower and questioned its design, height, and necessity. The resident's second concern was regarding the timing of entitlement processing. He had requested that the project be considered for public hearing during the season when the majority of PGA West residents could be present. The Planning Commission recommended to the City Council on a 5-0 vote approval of the Site Development Permit. FINDINGS AND ALTERNATIVES The Findings, as noted in the attached Resolutions, required by the Zoning Ordinance, and CEQA, can be made, subject to the recommended Conditions of Approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Site Development Permit 09-911, subject to the attached Findings and Conditions of Approval; or, 2. Do not adopt a Resolution approving the Project; or, 3. Provide staff with alternative direction. Respectful Les Attachments: bmitted, ning Director Approved for submission by: Thomas P. Genovese, City Manager 1. PGA West Vicinity Map 2. PGA West Private Clubhouse Expansion Submittal Packet 3. Water Feature Detail Sheet =0 4. Written Correspondence 5. Planning Commission Staff Report 6. Minutes of September 22, 2009 Planning Commission Meeting 497 CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 09-911, FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE CASE: SITE DEVELOPMENT PERMIT 09-911 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 61h day of October, 2009, hold a duly noticed Public Hearing to consider a request by Pyramid Project Management, LLC for approval of architectural and landscaping plans for the remodel and expansion of the PGA West private clubhouse located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-220-003 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Site Development Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-030, recommending to the City Council approval of Site Development Permit 09-91 1; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 51h day of August, 2009, hold a public meeting to review and discuss architecture and landscape plans and although no y 498 City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 2 consensus was reached, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1 . Consistency with the General Plan The proposed site development permit is consistent with the La Quinta General Plan, as it proposes to remodel and expand an existing golf course ancillary building in an area which is General Plan -designated for LDR (Low Density Residential) development. Within the PGA West Specific Plan, golf course ancillary uses are an outright permitted use within the Low Density Residential land use. 2. Consistency with the Zoning Code and PGA West Specific Plan The proposed remodel and expansion, as conditioned, is consistent with the development standards of the City's Zoning Code and the PGA West Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The building is consistent with the La Quinta Zoning Map, as it proposes to expand a golf course ancillary use as part of an existing development which is General Plan -designated for RL (Low Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC and the PGA West Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83- 002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommended a Mitigated Negative Declaration of environmental impact be certified. r 95 City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 3 4. Architectural Design The architectural design aspects of the proposed Private Clubhouse remodel and expansion provide interest through use of varied roof elements and colored roof tiles, enhanced building and facade treatments, and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. The Desert Territorial Modernism architecture and layout of the clubhouse expansion augment the existing clubhouse design and is compatible with the design of the Golf Villas proposed adjacent to the clubhouse while maintaining its general compatibility with the surrounding areas. The existing building is successful at sun shading with deep set roof overhangs for shade and uninterrupted panoramic views, and these design characteristics will be incorporated into the proposed expansion. 5. Site Design The site design aspects of the proposed Private Clubhouse remodel and expansion, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The expanded clubhouse areas are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed remodel and expansion. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. The project landscaping for the proposed Private Clubhouse expansion, as conditioned, shall unify and enhance visual continuity of the proposed community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species 500 City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 4 to blend with the building architecture and existing site landscaping conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby approve Site Development Permit 09- 911 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6t" day of October, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California 5Oi City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 GENERAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit 2009-911 shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Chapter 13 of the La Quinta Municipal Code ("LQMC"), and conditions of approval for Tentative Tract Map No. 36139, as applicable. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Site Development Permit shall expire on October 6, 2011, two years from the date of City Council approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County 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 Unified School District Coachella Valley Water District (CVWD Imperial Irrigation District (IID) 503 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 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. 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. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one 0 ) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). .. 5 ]G CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Site Development Permit 2009-911 shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. 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. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 11. The applicant shall retain for private use on the Final Map all private street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 13. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to PGA Boulevard from lots with frontage along PGA Boulevard is restricted, except for those access points identified on the Site Development Permit 2009-91 1, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 16. 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. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 STREET AND TRAFFIC IMPROVEMENT 18. 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. 19. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flow line shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 20. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 21. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive) 21. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 22. 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 23. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: 5.)7 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 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 where new parking lot configuration is proposed 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 where new parking lot configuration is proposed 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. 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. 24. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic)• Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 25. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The ,,.. 5 � 8 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 27. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 28. 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). 29. 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 SDP 2009-91 1 Clubhouse Expansion Precise Grading Plan 1 " = 20' Horizontal B. PM10 Plan 1 " = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. • 5 J 9 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 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. 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 Precise Grading Plan when it is submitted for plan checking. "Non -Residential Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements to include signing and striping, and ADA requirements. 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. 30. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 31. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing".. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 32. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 51 ,... . CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 33. Depending on the timing of the development of Tentative Tract Map No. 36139, 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 tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these 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 5th Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 511 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 34. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. PRECISE GRADING 35. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 36. 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. 37. 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 Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 38. 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. Y... 512 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 39. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 40. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 41. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 42. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 43. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 44. 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 5 ]_ 3 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 data shall be organized by lot number, and listed cumulatively if submitted at different times. 45. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 46. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 47. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 49. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 117-2008-001 . A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration 514 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTILITIES 50. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 51. 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. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. 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 54. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 55. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24,140 (Landscaping Plans). 515 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 56. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 57. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 58. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 59. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. The use of turf in proximity to hardscape throughout the project site shall be minimized in order to prevent irrigation overspray. 60. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 61. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 516 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 MAINTENANCE 62. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 63. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 64. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 65. 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)• 66. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. SHERIFF'S DEPARTMENT 67. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 68. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 69. Exterior lighting shall be consistent with Section 9,100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in ••.. 517 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC OCTOBER 6, 2009 height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 70. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground -mounted mechanical equipment. 71. All signs shall be approved under a separate sign permit/program application. 72. The applicant shall submit revised water feature plans that detail the design and construction of the various water features found throughout the clubhouse site. These plans shall be reviewed and approved by the Planning Commission as a business item prior to the issuance of any building permits for the Private Clubhouse expansion. 518 lift H i 71 w k iil a OU6 YM80RTV'J'VIM bV'[ 'QHVAZ MOO VJd 44654 2MIOM 9 211Vn111a ISUM V'Da ATTACHMENT # 3 O b syy. gISO 5 2-0 ATTACHMENT # 4 Attachment 4 Written Correspondence (prior to City Council) 5:I Jav Wuu From: EMauritson@afgilmore.com Sent: Tuesday, September 29, 2009 11:12 AM To: Jay Wuu Cc: ksaari@pgawest.com Subject: Site Develpment Permits 09-911 and 08-601 Jay, I received the Notice of Public Hearing published on September 26, 2009. As I will not be able to attend the meeting on October 7, I wanted to send you my thoughts and hope they would be considered along with the other views presented at the meeting. First, let me say that I only want what is best for PGA West, because in the long run it will probably be best for me and my family. We bought a house in the Palmer Residential development approximately fours years ago. I love our house, the golf courses, the clubhouses, the spacious views, the Health Club facilities., the tennis courts and the Staff and I use and enjoy everything. Soon after becoming a member at PGA West, I started hearing about this planned development and how it would, specifically, impact the Health Club and tennis facilities. While I love golf, I also love to play tennis. What has made my tennis experience at PGA West so special are the various surfaces from which I can choose; hard, clay or grass surfaces. Having these choices was one of the reasons I purchased a home at PGA West and why I became a Member. So here we are today, a proposed development consisting of 54 new golf villas, from what I understand are located against the private driving range. I now understand only five "hard" surface tennis courts will be constructed. I am having a hard time seeing how these changeswill benefit my experience as a PGA West homeowner and Member. How will my views be affected from the private driving range? Will it feel open and continue to have the same expansive views I enjoy today? I sincerely mean this when I write, please tell me how you think this development will enhance my experience at PGA West. I feel sad these changes will come about and I will loose a part of PGA West that has truly provided me and my family so much enjoyment. Respectfully yours, Ernie Mauritson 54-562 Tanglewood,.Palmer Residential La Quints, CA 92253 323-646-4495 (cell) 1 PGA WEST MASTER ASSOCIATION, INC. P.O. BOX 1516 LA QUINTA, CA 92247-1516 PHONE (760) 564-3858 FAX (760) 654-2329 October 1, 2009 City of La Quinta P. O. Box 1504 La Quinta, CA 92247 Attn: Thomas P. Genovese Re: Request For Continuance of Hearings on Applications of Pyramid Project Management, LLC Dear Mr. Genovese: VIA EMAIL AND US MAIL citymanagersoffice@la-quinta.org This is a request that the Applications of Pyramid Project Management, LLC concerning the planned development of 54 residential units and expansion of the member's private clubhouse (collectively the "Applications") presently scheduled for hearing before the City Council on Tuesday, October 6, 2009 be continued for six (6) weeks. The facts supporting this request include the following: 1. Notice of the hearing has been insufficient to provide the approximately 3,000 residents of PGA West with time to evaluate the Applications and provide meaningful comments. Many of the residents are just returning from their absences for the summer, and most of the seasonal, part-time residents do not start arriving until the end of October. It is likely that a large number of residents have not even received their notices, let alone been able to consider the issues involved. 2. There are multiple issues that are of concern that have not, to the knowledge of the Master Association, been adequately addressed, including, but not limited to, the following: (i) the damage and increased wear and tear to PGA West Blvd. during construction; (ii) access to the development, which appears to be through the private clubhouse parking lot; (iii) reduced parking for the private clubhouse notwithstanding the plan to expand the private clubhouse and significantly increase sports and fitness memberships; (iv) the reduction of the number of tennis courts; (v) the impact of secondary access to the development directly to PGA West Blvd.; (vi) whether property rights of existing PGA West owners are compromised; (vii) whether membership rights of existing PGA West members are unfairly modified; and (viii) how the costs of the increased burden on the PGA West infrastructure will be allocated and funded. 3. The Master Association is about to commence construction of an enhanced gate security system at a cost of several hundred thousand dollars and it cannot be determined at this point how the subject development will be integrated into that system, if at all, and how the development will impact overall security at PGA West. Given the short notice of the hearing provided it is impossible to determine how many of these issues can be easily addressed and how many will require more time to resolve. Jim Murphy, the Master Association President, and I have a meeting scheduled with Mr. Johnson, the Planning Director, this afternoon to review the project and commence a dialogue with the City so that all concerns are addressed. Under the circumstances, the Master Association believes that a continuance of the hearing on the Applications is in the best interests of all concerned and we see no prejudice to the developer. Providing additional time will enable the Master Association, in conjunction with the Planning Department, the developer, the other PGA West homeowner associations and the homeowners to work cooperatively to address concerns so that issues that the City Council will have to deal with will be minimized, if not eliminated. Accordingly, it is respectively requested that the matter be continued for six (6) weeks. Please forward this request to the members of the City Council for consideration. Thank you for your anticipated cooperation in this matter cc: M. Katherine Jenson, Esq. (via email: KJenson@rutan.com) Very truly yours, The PGA West Master Asso iation, Inc. By: Richard A. H ecretary 2 5 4 ATTACHMENT # 5 PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 22, 2009 CASE NUMBERS: SITE DEVELOPMENT PERMIT 09-911 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC REQUEST: CONSIDERATION OF PLANS FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE LOCATION: 56-140 PGA BOULEVARD PGA WEST; WEST OF PGA BOULEVARD ENVIRONMENTAL CONSIDERATION: THE PLANNING DEPARTMENT HAS REVIEWED THIS PROJECT UNDER THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND HAS DETERMINED THAT THE PROJECT IS EXEMPT PURSUANT TO SECTION 15332 CLASS 32 OF THE CEQA GUIDELINES. THE PROJECT IS CONSISTENT WITH THE LA QUINTA GENERAL PLAN AND ZONING ORDINANCE; CONSISTS OF A PROJECT SITE OF LESS THAN 5 ACRES; IS SUBSTANTIALLY SURROUNDED BY URBAN DEVELOPMENT; WILL HAVE NO SIGNIFICANT IMPACT ON HABITAT, AIR QUALITY, TRAFFIC, NOISE OR WATER RESOURCES; AND IS SERVED BY ADEQUATE SERVICES AND UTILITIES. GENERAL PLAN: LDR (LOW DENSITY RESIDENTIAL) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING LAND USES: NORTH: RESIDENTIAL (TR 28259-1); GOLF COURSE SOUTH: PROPOSED PGA WEST GOLF VILLAS (TTM 36139) EAST: PGA BOULEVARD WEST: GOLF COURSE/DRIVING RANGE i,,... 525 BACKGROUND PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, there are three golf course clubhouses within the PGA West community. The Norman Course Clubhouse is located within the Norman Course community on the east side of Madison Street. The Stadium Clubhouse is located at the southern terminus of PGA Boulevard, which underwent an expansion in 2008. The applicant is proposing to remodel and expand the Palmer Private Clubhouse, which is located on an approximately 9-acre site on the west side of PGA Boulevard (Attachment 2). PROJECT REQUEST Overview The PGA West Palmer Private Clubhouse is located off of and provided access via PGA Boulevard. A main entry drive leads from the street to the clubhouse courtyard. The proposed PGA West Golf Villas ISDP 08-907) is to be located south of the clubhouse area, with a number of tennis courts between the clubhouse and nearest residential property line. The redesigned parking lot will provide access to the clubhouse as well as to the Villas. For this application, the applicant is requesting consideration of the structure, design, and associated landscaping plans for the expansion of the Private Clubhouse. The existing two-story Private Clubhouse is approximately 62,000 square feet, and includes dining, locker room, and office facilities. The clubhouse is primarily surrounded by non-residential, recreational uses, with the closest residential property line located approximately 350 feet away from the northernmost extent of the expansion. The proposed 17,700 square foot expansion, which will be the focus of this report, includes the construction of interior spa and fitness club facilities, two new pool facilities, and exterior patio areas (Attachment 2, Sheet 4). Clubhouse Expansion Included with this proposal are plans to expand the two-story, multi -use golf course clubhouse (Attachment 2, Sheet 9). The architectural style of the clubhouse, as referred to by the applicant, is Desert Territorial Modernism, and includes use of prefinished metal, colored concrete, stained woods, and ornamental metals 526 (Attachment :2, Sheet 9 — 13). The proposed clubhouse expansion plans maintain the main entry drive leading from PGA Boulevard to a vehicular courtyard (Attachment 2, Sheet 5). A new entrance area leads from the courtyard to the existing lobby of the clubhouse. Along the north and southern boundaries of the vehicular courtyard are new exterior loggias. North of the entrance lobby is the interior spa expansion (Attachment 2, Sheet 4). This expanded area includes a spa reception, additional locker areas, a number of massage rooms, and a waiting/recovery area. Outside of the spa expansion area is one of the new pool areas, which include a spa pool, water feature, fire pit, and sitting areas (Attachment 2, Sheet 15). To the south of the entrance lobby is the interior fitness club expansion (Attachment 2, Sheet 15). This new area, which will replace the existing fitness center in the Health and Racquet Club, includes additional retail amenities, a fitness area, a yoga room, a child care facility, and a variety of office and storage spaces. In the area outside of the: fitness center expansion is the second new pool area. Similar to the other pool expansion, this southern pool area includes a pool, spa pool, and a sizeable seating area. At the rear, or western end of the clubhouse, the expansion includes a small interior addition to the main dining area and an expansive new outdoor terrace and pavilion area (Attachment 2, Sheet 14)• As the clubhouse is situated on multiple grades and incorporates varying rooflines, the height of the building, including both existing and expanded areas, but not including the uninhabitable tower feature, averages approximately 35 feet in height at its highest ridgelines, measured from the lower grade level (west elevation) (Attachment 2, Sheet 1 1). The uninhabitable clock tower is approximately 45 feet in height, measured from the lower grade level (west elevation). In general, the expanded areas are the same height as the existing clubhouse; only the clock tower and front accent wall exceed the current building heights. The new clubhouse expansion totals approximately 17,700 square feet, bringing the total area of the clubhouse to approximately 79,500 square feet at the end of construction. Parking Lot The existing clubhouse parking lot is being redesigned as part of the clubhouse expansion. Currently, there are approximately 397 existing parking spaces at the Private Clubhouse. A total of 257 parking spaces, including eight (8) ADA parking spaces, are provided in the new lot (Attachment 2, Sheet 6). Accessible sidewalks lead pedestrians from the parking lot to the main clubhouse entrance, two pool areas, and spa and fitness facility entrances. Although valet parking is available for special events, most patrons are expected to park their vehicle in the parking lot and walk to the clubhouse. 5 21 7 Landscaping The landscape plan for the clubhouse identifies a plant palette consisting of low- to moderate -water use trees and shrubs generally consistent with what is permitted in the PGA West Specific Plan. Landscaping throughout the clubhouse facility is plentiful, is designed to complement the architecture and layout of the building, and also suitably integrates into the existing landscaped areas. Mostly utilized around the clubhouse; site are various palm trees and shrubs, with some areas of turf, which has been limited to landscape planters near the front of the clubhouse and an existing lawn area near the rear of the clubhouse. The existing palm trees located within the parking lot planters will remain. The applicant proposes the use of existing Date Palms and both California and Mexican Fan Palms (Attachment 2, Sheet 24). New trees on the palette include Palo Verdes, Desert Willows, and Hybrid Mesquites. A variety of small and large accent shrubs, including Red Bird of Paradise, Desert Marigolds, and Trailing Lantanas, are proposed in the areas immediately surrounding the clubhouse and in the parking lot areas (Attachment 2, Sheet 32 — 38)• The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 42 — 50). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. Walls, fences, and gates throughout the clubhouse site have several different design elements. Concrete masonry unit (CMU) retaining walls with stucco finishes, ranging from 4- to 14-feet in height, are prevalent throughout the clubhouse facilities. The applicant also proposes multiple water features throughout the project (Attachment 2, Sheet 5). The features range from smaller - scale features located at the main entrance to the building to larger -scale water features located at the automobile courtyard as well as at the rear of the clubhouse facilities (Attachment 3). ANALYSIS Clubhouse Staff finds that the overall architectural style and design of the proposed PGA West Palmer Private: Clubhouse expansion to be acceptable. Staff has no significant issues with the proposed interior expansion areas, the new exterior pool and patio areas, the redesigned parking lot, and the landscape palette, as they are appropriate and well -designed. The Desert Territorial Modernism architecture and layout of the clubhouse expansion is for the most part compatible with the existing clubhouse design. The existing building provides reasonable solar control with deep set roof overhangs for shade and uninterrupted panoramic views, and these design characteristics will be incorporated into the proposed expansion. Sustainable, or Green building construction elements do not appear to be a focus of �,. 5 the proposed remodel and expansion plans. Parking Lot Staff finds the design of the Private Clubhouse parking lot to be acceptable. .The parking lot is designed with a clear separation of vehicular and pedestrian circulation, and also provides sufficient solar shading via the existing mature palm trees. Additionally, the use of strategically -placed parking lot lighting results in a safe and secure environment, while having minimal negative visual impact on the surrounding areas. Based upon the La Quinta Municipal Code parking standards and observations of historical use, staff has determined that the 257 parking spaces for the clubhouse based upon the remodel and expansion plans will adequately serve the project. This calculation includes the two private golf courses, dining, spa/fitness center and tennis uses. According to the applicant, operational observations have dictated that a good majority of clubhouse patrons, particularly golf and dining users, arrive at the site using personal golf carts. An existing golf cart parking area exists on the ground level near the golf cart storage/golf staging area. This is frequently used by PGA West residents and is anticipated to see similar use after the remodel and expansion is complete. Therefore, staff believes that the proposed 257 parking spaces will sufficiently accommodate the actual motor vehicle need for the PGA West Private Clubhouse. Landscaping In general, the proposed landscape palette presented is acceptable. The assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific: Plan, provide diversity and add character to the proposed building expansion. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. Thorough use of shrubs and groundcover effectively screen the clubhouse service areas, parking areas, and other project aspects. Some of the proposed water features are primary to the design of the clubhouse expansion. Such features can be permitted if they meet the City's water efficiency requirements and are approved as part of the project by the Planning Commission. Staff has provided a Condition of Approval pertaining to these features, requiring energy efficient pumps and staff review to ensure that there will be minimal water loss due to splashing, evaporation; etc. The small-scale water features located near the clubhouse entrance are appropriate in that their placement and scale are beneficial towards the pedestrian atmosphere. However, staff still has some concerns over the location, size, and necessity of the larger water features, as their size and location do not promote pedestrian interactivity. Therefore, staff recommends the Planning Commission discuss the use and viability of the proposed water features as part of the expansion. ALRC Review The Architecture and Landscape Review Committee, at its meeting of August 5, 2009, discussed Site Development Permit 09-911 (Attachment 6). No recommendation was made to the Planning Commission as the Committee could not agree on a variety of project topics, including the proposed architectural style, project compatibility, and water feature implementation. Committee Member Thorns was in support of the proposal. He did not see a problem with introducing a different type of architectural style in PGA West, and didn't have any concerns with the proposed parking and felt that there were plenty of elevation variations on the site plan. He strongly recommended that the landscape architect keep the center vehicular courtyard area as simple as possible. Rather than a fountain or water feature, he suggested the use of a large scale tree specimen with contours which could become a unique feature identified with the clubhouse. Committee Member Rooker did not have any concerns regarding the clubhouse parking or the proposed water features. However, he did have some major concerns regarding the entry way courtyard and architecture. He was disappointed with the fact that there was no longer a Porte cochere entry way. Also, he felt the proposed architectural design was extremely complicated in comparison to the existing style which was extremely simple, and did not find it complimentary. The following landscape -related Conditions of Approval, which were presented to the ALRC, are also recommended to Planning Commission for approval: 1. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 2. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 3. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning ,,,Y, 530 Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with these units. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 4. All signs shall be approved under a separate sign permit/program application. 5. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included on•the final landscaping plans and in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. Environmental Review The Planning Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is exempt pursuant to section 15332 Class 32 of the CEQA guidelines. The project is consistent with the La Quinta General Plan and Zoning Ordinance; consists of a project site of less than 5 acres; is substantially surrounded by urban development; will have no significant impact on habitat, air quality, traffic, noise or water resources; and is served by adequate services and utilities. Public Notice This project was advertised in The Desert Sun newspaper on September 11, 2008, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the Planning Commission hearing. FINDINGS Findings to recommend approval of this request can be made and are contained in 531 the attached Resolutions. RECOMMENDATION 1. Adopt Planning Commission Resolution 2009-_ , recommending to the City Council approval Site Development Permit 09-911, subject to the attached Fjhdings and Conditions of Approval. ate Planner Attachments: 1 . PGA West Vicinity Map 2. PGA West Palmer Private Clubhouse Submittal Packet 3. Water Feature Detail Sheet 4. Minutes of August 5, 2009 ALRC meeting ATTACHMENT 6 V. PUBLIC HEARINGS: A. Environmental Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907; a request by Pyramid Project Management, LLC for consideration of plans to subdivide the project site and construct the PGA West Golf Villas; a 54-unit residential development consisting of single-family attached duplex units and community center, located in PGA West; on the west side of PGA Boulevard, south of Avenue 54. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Associate Planner Wuu also referred to a memorandum from Timothy Jonasson-Public Works Director, given to the Commissioners prior to the meeting which stated: Re: Requested Changes to the Recommended Conditions of Approval for Tentative Tract Map 36139 and Site Development Permit (SDPs) 2008-907 and 2009-911, Pyramid Project Management, LLC. Staff spoke with a representative of the developer team for the above mentioned project and recommends the following change to the Recommended Conditions of Approval for the above mentioned Tract Map and SDPs after publication of the Planning Commission Agenda report. The Public Works Department recommends the following changes: 1. Delete the following paragraph from Condition 44 of Tract Map 36139, Condition 33 of SDP 09-911 and Condition 36 of SDP 08-907: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta. " "0.... 533 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 After the staff presentation and memorandum reference, Chairman Alderson asked if there were any questions of staff. Commissioner Barrows asked if the color palette was provided for in the current specific plan for PGA West. Staff said no; they allowed for architectural styles but did not provide an actual color scheme. Commissioner Wilkinson asked about Eden Rock's color palette and how it matched up with this project. Planning Director Johnson replied it was probably more of a medium- to light -brown variation. There were no colors as dark as what was originally proposed by this applicant. Commissioner Wilkinson said he thought they were a little darker than what was typically out there. Staff responded they were. Chairman Alderson said there was a leasing office noted on the plans and asked if that was an error.'Associate Planner Wuu said they were single-family homes for sale and not for lease and confirmed the leasing office designation was incorrect. Chairman Alderson asked the staff if the recommendation about the roof tile type and toning down of the color palette had been presented to the applicant. Staff said it had been discussed with the applicant. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Davis Sezna, 81-240 Golf View Drive, La Quinta, CA, President of La Quinta Resort and PGA West, introduced himself and gave some background on himself and his company. He then went on to give the history of the purchase of the La Quinta Resort and PGA West. He conveyed his impressions of the area and described what they wished to do but, with the economy, they were taking their time. He said they were very excited about the Resort Master Plan and this development. He then introduced the Vice President of Pyramid Project Management, Mr. Hoeppner. Mr. Ken Hoeppner, Pyramid Project Management, One Post Office Square, Boston, MA 02109, introduced their design team: Michael Olson (Z Design Group, Denver CO), Chris Bergh (MDS Consulting, La 53+ DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Quinta CA), Forrest Haag (Forrest Haag Landscape Architects, Laguna Beach CA), Rob Bernheimer, (CV Strategies, Special Entitlement Assistant to Pyramid, Indian Wells CA). Mr. Hoeppner then gave a power point presentation giving some detail of the renovations they have made to the resort and PGA West. He went on to discuss the benefits of their renovations; including water sensitivity. He re -stated the items presented in the staff report and showed site plans and color palettes. Mr. Hoeppner commented on the review comments by staff beginning with stepbacks of the buildings. He said they went back to the design team and the new plans showed significant stepbacks in the buildings to give more depth to the building character. Chairman Alderson asked Mr. Hoeppner to explain the stepbacks. Mr. Hoeppner said instead of having all the duplexes being flush across they have stepped them back approximately five feet, as well as staggering the buildings up-and-down the road so they were not as lineal. Mr. Hoeppner addressed the building colors on a power point slide. He used an analogy, relating to the colors and what they were trying to do. Mr. Hoeppner said it was their intent to create some vibrancy, architecturally, within the community and they have achieved that with the Stadium Clubhouse, as well as the private clubhouse. All of their nine golf courses are all unique and different as are the three restaurants within the spirit of the region and the community. Mr. Hoeppner commented on one of the items discussed, regarding more landscape buffer between the driveways and its relationship to water consumption. He said they have decided that the entry water feature, to the villas, would be deleted and they would do a landscape component instead. He then introduced Michael Olson, Principal with Z Design Group, 1877 Broadway, Boulder CO to talk about the architecture and how it related to the villas; as well as the color palette. Mr. Olson then showed a slide with regional style, architectural materials, and palettes that exist as the Coachella Valley home style. The projects ranged 535 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 from Palm Springs through Indian Wells through La Quinta and showed the spirit of the style and color palette they wanted to use. He then pointed out the various types of materials and said sometimes, in the initial presentations, the colors show up a little darker. He commented on the color revisions made, after the ALRC meeting, and then showed slides with the new color palettes for the condominiums. He commented on the color identity used to create variety, interest and articulation on the various models. Mr. Hoeppner said one of the key parts to this design was there needed to be continuity between the clubhouse design, the community building and the villas. Z Design is the architect for all of those and that is critical because they understand the transgression of the design. Mr. Olson continued with his power point presentation and discussed the fitness wing that was in addition to the PGA West Private Clubhouse. He explained the features of the two buildings; including such items as the concept of shading, and setback, for sun control and energy conservation and the components which currently exist in the Clubhouse. The intent was to play off those characteristics that work well in the existing building. He pointed out the features of the remodel versus the previous Clubhouse. Commissioner Wilkinson asked if any of the darker colors had been deleted. Mr. Olson put up the appropriate exhibit and commented on the stone being common in all the elevations and said the darker colors had been deleted. Chairman Alderson asked if the exhibit showed the revised version, after ALRC looked at it. Planning Director Johnson said this was a new exhibit that was being presented. The applicant had taken the information, from the ALRC, and staff was also seeing it for the first time. Commissioner Wilkinson asked Mr. Olson to put up the exhibit showing the Clubhouse and the design of the villas. He commented that one design was more contemporary than the other and asked if that was intentional to blend in with what was existing out there and asked how they arrived at this combination, in terms of compatibility. 53�u DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Olson said they would term the existing clubhouse as being more contemporary because of the nature of the glazing and the simplicity of the detailing. He then explained some of the architectural details and how the design was determined. Mr. Hoeppner added there were two applications, and part of the clubhouse was a transition from the existing architecture, which was quite bland, to what they were proposing. They wanted to introduce more colors and some vibrancy and have a bridge between the two. He said the Commission would see, (in the second application) how they took the original architecture and transformed it into something more unique and up-to-date. He added it's a fine line to try to bridge the gap between existing architecture and the community building and the residential units. Commissioner Wilkinson asked staff if one of the colors shown on the ABC color exhibit tended to be more like the Eden Rock colors. He was concerned about compatibility between the two projects. Staff responded it appeared to be close, but possibly a little darker. It was definitely a softer color than what was originally proposed, but it was probably somewhere between the colors shown on Color Schemes A and C. Commissioner Wilkinson asked if the Eden Rock color was more like the first floor of A versus what was shown on Color Scheme C. Staff said it was. Commissioner Quill commented the architecture was nice. He said the existing clubhouse was very dated and did need refreshing. It was definitely time to do it. He wanted to know what the plan was and how it was going to work; once the project was approved, and when would they be starting. Mr. Hoeppner said they wanted to do it this year, but things have been pulled back. Their company wanted to be ahead of the curve so that when things do come around they would have these projects ready to go and not miss an opportunity. He said possibly next year, depending upon the economy and market demand. 53� DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill asked what assurance they could provide that, if they demolished the existing facilities, they would go on and rebuild to avoid another blighted area like Eden Rock. Mr. Hoeppner commented on the economic climate, but said they owe it to their members to make sure facilities were maintained. There would be some logistical issues in terms of the construction of both of them, but they were compelled to meet those obligations. Commissioner Quill asked if he was referring to the clubhouse remodel and then the new development model. His previous comment was if the tennis clubhouse facilities and the tennis facilities are demolished, what assurances did they provide that they were going to construct the new community center and tennis courts and in what phases. Mr. Sezna responded the whole picture was very important to the Company. They would never create a construction site in the middle of their investment until they were ready to develop. He commented on the grass lot tennis courts and the workout facility and said the tennis clubhouse would remain until they were ready to do the master plan of the private clubhouse. He then commented on the timing of the project coinciding with the end of one Bob Hope Classic and the start of another. He commented on the statement they want to make and the lifestyle they want to convey. He said it was important not to have a scar in the middle of their investment. Commissioner Quill said they would discuss the clubhouse in the next hearing item, so they were not referring to it now, but to this development. He then asked if they intended to do the clubhouse remodel before this development. Mr. Sezna said he would let Mr. Hoeppner answer that question as his whole point was they have a much bigger master plan and they are interrelated. Mr. Hoeppner said the projects were not necessarily tied together and they did not have to be. He said with a phased construction, they could build phases of the residential units without any impacts to the clubhouse. 'v.. 536 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill asked which phase of the residential they would start with. Mr. Hoeppner said he could not answer that question because it was too early in the project. He went on to explain how the decision of phasing would be made and he gave examples of how the decision would be made. Commissioner Quill asked about civil improvements; such as access. He then asked what they would be doing to keep it aesthetically proper and dust -free for the neighborhood while they were moving from phase to phase during the construction process. Mr. Hoeppner said, pending approval, they would like to proceed immediately with the construction documents and the permanent application part for the infrastructure. He said the building permit applications would probably include construction phasing and temporary restoration as well as addressing dust control issues. Commissioner Quill asked if he would be amenable to planting the improved lots with some vegetative cover; such as Gazania. Mr. Hoeppner said they could certainly entertain that and reiterated Mr. Sezna's comments about this being very special and an important asset. The last thing they want to do is impact how that looks during the .Bob Hope Classic and while their Clubhouse guests are there, so they were going to be really very sensitive to that. Commissioner Quill said he was more worried about the neighbors since they are the ones that are there all the time. He then asked about the phasing and staging and if they would assure that the community center, the four new tennis courts, and the new building would be built prior to, or with, the very first duplex units. He said he wanted to know, straight out, if they had any intention of doing that or would they be open to a condition of approval that said, prior to the Certificate of Occupancy of the first duplex, those facilities would be complete and available to the owners. Mr. Hoeppner responded the tennis courts would need to be completed because they are a critical part of their business and an amenity for the clubhouse members. As far as the community building was concerned they would certainly entertain a discussion or a commitment to build it by a certain point. He then gave examples of 539 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 the performance of a project and staging and said they would be open to discussing a certain number at a certain stage. Mr. Hoeppner continued saying, as an example, many times with condominium projects, lots of times the homeowners' association is turned over to the owners when it reaches 50% sold. He said that might be a good trigger for the homeowners as well because then their amenities are in place at the same time. Commissioner Quill then asked if this was intended or being designed to be a condo -hotel type of venture. Mr. Hoeppner replied just condominiums, no hotel. Commissioner Quill asked if there was any assurance that the community center would be built with the first phase of development. Mr. Hoeppner explained the phasing again. Commissioner Quill asked if they had met with the neighbors in the cul-de-sac. Mr. Hoeppner said yes. Commissioner Quill said at one time this was the premier tennis facility in the Valley. He asked about the state of tennis users that live at PGA West. Mr. Hoeppner said the PGA West tennis usage had dropped significantly over the years. He said they had great facilities at the Resort and around the community. He said their future focus was that tennis would be a micro business used to sell the Resort, and not a major business entity like golf. That's why they were building smaller, higher quality tennis facilities. Commissioner Quill asked if the tennis facilities were open to the general ownership and membership of the club. Mr. Hoeppner said it was primarily for the private and tennis club members. Commissioner Quill said the new tennis courts would be for the private club members, not just for the 56 units. Mr. Hoeppner said that was correct. The Villa owners, themselves, might also have tennis memberships. 540 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill said the tennis facility was part of the membership of the private club and not necessarily tied to those condominium - duplex units. Mr. Hoeppner said that's correct. Commissioner Quill asked if the concrete wood piece that was on the board (#8) was the fascia on top of the community center. Chairman Alderson asked if that was the metal siding he was referring to. Commissioner Quill said the concrete wood piece (#8) was faux wood. Mr. Olson said it was actually a concrete wood siding product and was going to be used as a wood accent on the elevation. Mr. Olson pointed out on the slide where it was located. Mr. Hoeppner said it was in lieu of wood products as it provided better durability in this area; especially in the summer climate. Commissioner Quill asked if they would be maintaining and operating the tennis facility until they are permitted for demolition and construction of the new subdivision. Mr. Hoeppner said that was correct. Commissioner Wilkinson asked if he knew how many tennis memberships they currently had. Mr. Sezna said about 350. Commissioner Wilkinson then asked how many were active. Mr. Sezna said he knew they were underutilized. Commissioner Weber said he was still confused on staging and asked about the significance of the sequence numbering shown on the plans. Forrest Haag, Forrest Haag Architects, 1254 N. Coast Highway, Laguna Beach CA responded there was no significance in the numbering other than as plan reference numbers. Commissioner Weber asked if the plan numbers had any significance on which units would be built first. Mr. Hoeppner said there hasn't been any discussion on that. He said, for discussion sake, it would be better to start from the west and work out rather than from the front DRAFT -EXCERPTS OF Planning Commission Minutes September 22, 2009 door. He added, looking at the infrastructure, water and sewer installations, and elevations, that would play a lot into where they started. Commissioner Weber said what he was concerned about was what was going to happen after the project was approved and grading started. He was concerned that the project would sit with a green fence around it, and the City Council would get complaints about it being up there too long. He understood they had certain standards to maintain but, early on in the process, there should be some kind of assurance whether conditions or not have to be made in regards to staging to make sure that there was some kind of commitment. He was most concerned about the tennis side of things and what was going to happen. He said he understood that they were underutilized, but didn't think the statistics on the underutilization of the tennis courts had really been shared. He wanted to hear about the process they used to determine that tennis was going to be more of a micro business, in the future compared to golf, and did they factor in the aging of the PGA West population as having a significant impact to the percentage of folks looking at tennis. Mr. Hoeppner said certainly golf was their core business. They have nine courses, and they are very expensive assets. Over time things evolved, including the dwindling requirement for tennis from guests and groups. They have heard from their tennis membership and potential businesses that they would like to see the quality of the facilities improve. They have had internal discussions ongoing with the Resort on how to create better amenities, by having the optimum number of courts. There is currently very little play on the tennis courts at the Resort and PGA West. Commissioner Weber asked if that substantially differed in ten years, or so, what would be the plan of attack. Mr. Hoeppner responded they have other areas where they could build tennis courts, if needed. They could also do paddle ball or racquetball or whatever came about. He compared these amenities with the current need for spas. They are currently very cachet. Everyone has to have one, not as an amenity to guests, but to attract groups and also for local residents. It's an ever -evolving business. DRAFT -EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Weber said they addressed a lot of the ALRC comments, and that was really good because there could have been some issues of concern. And they were working with staff and the consultants and made the right move on that. He asked that they clarify if the darker color was still a part of the options they wanted to have. Mr. Hoeppner said what they presented was just options for discussion and they were perfectly happy with what they heard from the ALRC; in that they wanted to see some variety instead of everything being one color. They had no problem with that. He commented they had offered several different shades for discussion. He said they just wanted to be sensitive that there would be a little bit of variation. Chairman Alderson said that point was made early on. The ALRC and staff recommendations to tone down the colors have been done so that point has been made. Commissioner Weber said he was trying to make sure he understood that this was an option. Commissioner Weber asked if they could talk a little about the process for outreach or notification of the membership. Mr. Hoeppner explained they had previously held an open house at the PGA Stadium clubhouse. It was attended by about 40 or 50 people; all homeowners' association members or residents. They had a presentation with himself, Forrest Haag, and Davis Sezna. It was very well received and they took comments/feedback from that meeting and incorporated it into the plans. There were issues such as the entry drive, the maintenance access drive, and landscape buffers. They were very favorably received and they documented to staff what those comments were and how they addressed them. They also met with the homeowners' associations to request their incorporation of this project into the master homeowners' association, and that was a very successful meeting as well. Commissioner Weber asked if they felt it was pretty favorable. Mr. Hoeppner said yes. Commissioner Weber asked since you addressed DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 the homeowners' association I assume the areas along the PGA Boulevard would be part of the master and would this then be part of its own separate homeowners' association. Mr. Hoeppner said it would be incorporated into the Residential 2 Homeowners' Association. Commissioner Weber asked if those conversations had occurred with the Residential 1 and Residential 2 homeowners' associations. Mr. Hoeppner said he had a letter of acceptance and agreement. Commissioner Barrows said she just wanted to follow up on a question on the tennis issue. Was there any specific feedback, in the sessions held with homeowners and others, about the tennis issue and the reduction in the amount of tennis courts. Mr. Hoeppner said not in this project. Commissioner Barrows said, so that has not been a concern from that community. Mr. Hoeppner said no. Commissioner Barrows asked for an explanation of the designation Tuscan Territorial Modernism. Mr. Olson responded it is a style of architecture that has a heritage of desert contemporary that has existed in the Valley for years. Modified Tuscan and his interjection of the term "territorial" is a similar term his firm has used in Arizona and Nevada. It really is the core of using materials that are regional. You look out to the Santa Rosa mountains and it is all rock. You're sitting on a geological granite formation here, so that term of territorial means to integrate more of the regional materials that probably would have been used in the early days. Existing readily available materials like stone, like a lot of sand being used in stucco and site walls and things like that. Commissioner Barrows said they mentioned green practices and water conservation and it looked like the community center had a very nice overhang to help ameliorate the sun falling on the windows, but she didn't see that in the villa units. The front elevations are going to be facing different directions in this area, the south and west exposure in particular, are pretty severe and it was not clear how there was going to be any shading or any type of protection, for the windows. 5q�'t DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Olson responded there would be a variety of technology to help temper those conditions; such as low-E glass. They have deeper set windows, the use of shade and shadow, and they've tried to incorporate some shade devices like trellises, but not to the extent of large structured horizontal shade structures, like the community center. Commissioner Barrows asked if those windows would be deeper set. Mr. Olson explained they were and pointed out several windows and their setbacks. He explained the setback differences between these and traditional windows. Commissioner Barrows said it was a question she was interested in because she was concerned about the potential homeowners, and said you can ameliorate that with low E and with triple -glazed windows. In terms of the colors, she just wanted to clarify this because it sounded like the suggestion was this was a proposal and the Commissioners could provide some feedback and some discussion on that. So the color palette that was shown was for three different colors; 5, 6, and 7. She asked if all of those colors now were no longer part of that presentation or were they talking about the lightest color. Mr. Olson said just the darker colors, like 6 and 7; they would probably still use 5. Commissioner Barrows asked if 6 would be an accent color. Mr. Olson said it was a little hard to see, but 6 would be the darkest for an accent, but they would definitely drop 7. Commissioner Barrows asked if the colors in the new presentation are all different or was 5 in there since it was hard to tell. Mr. Hoeppner said when they went through the building permit process, they would submit a new color palette that was consistent with the design instead of trying to come up with a board tonight. They wanted to get a flavor for the Commission's direction and then incorporate that direction in the final building permit design. Commissioner Barrows said she appreciated that, but she was trying to get a sense of it. She said some of the A, B, C presentations, lost a little bit in taking out some of the deeper colors. She said they added a richness, and she wanted to make sure she knew which colors they were talking about. 54 DRAFT— EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Hoeppner asked if it would help if they said they would offer colors A and C for approval, as a solution, versus saying "pick one". Commissioner Barrows, said maybe, as she was possibly more tolerant of the darker colors than others, it looked to her like it was a whole different set of colors. Mr. Hoeppner said yes. Commissioner Barrows said you mentioned the water feature and it changed with this presentation. Mr. Hoeppner said they spoke with staff and understood the water concerns in terms of excess water use and water conservation. Water features are everywhere at entrances to residential developments so they automatically did that. They are going to replace the water feature with a landscape or sculpture -type monument entrance instead of a water feature. Commissioner Barrows asked if there was turf proposed along the walkways for the residential area, or some smaller areas of turf. She said there was a condition that limited the extent to which that turf can occur up against the sidewalk. Mr. Haag said they are controlled by what CVWD allowed them to irrigate and obviously the plant palette was very much desert species, with drought -tolerant plants. Some areas of concentrated turf blended more closely with the look of the Palmer Course, etc., and some of the other common areas to the residential areas that exist. There is a new ethic so there is going to be a lot more desertscape. Chairman Alderson said you have an elevation that has been modified to fit the requests of staff and the ALRC, now you have to provide a color palette that matches that. Is that what we are talking about. Mr. Hoeppner said yes. Chairman Alderson said the ALRC didn't come up with a firm recommendation, but we have a lot of good comments from them, both pro and con on this project and asked staff to let them know that the Commission had taken them into consideration. Chairman Alderson said marketing will dictate your phasing, is that in effect what you told Commissioner Quill. Mr. Hoeppner said yes. 54c DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson said when you get out into the parking lot I don't see a lot of infrastructure. Change is required when you're talking about feeding the main clubhouse and also the subordinate piping coming off underground wet -and -dry utilities to this clubhouse. So the work that I see in the parking lot is primarily restructuring of hardscape paving and paving striping; not a lot of underground work. Mr. Hoeppner replied there was not in the main entrance to the clubhouse. Chairman Alderson commented it was not going to be torn up too badly other than to re -stripe and re -configure the site concrete. Chairman Alderson said there were eight units which were adjacent to the street behind. He commented on the one-story versus two-story homes and the Commission's sensitivity to sight pollution. He also mentioned some very large shrubbery -laden fencing along the entire south of the entire project and asked if they were going to be able to salvage that in construction so the screening could mature and remain. Mr. Hoeppner said they identified that as being important to maintain. They have designed/made provisions within their plan to keep those plantings. Chairman Alderson asked if that was a yes. Mr. Hoeppner said yes. Chairman Alderson said Commissioner Quill was talking about conditioning the project with reference to the phasing. He didn't get a solid answer as to whether or not the applicant would commit to phasing, to holding up occupancy of the first unit unless they had the clubhouse and the tennis courts. Commissioner Quill said, just for clarification, he was talking about this community center, not the clubhouse. He wasn't referring to the clubhouse remodel, and when he referred to infrastructure he wasn't referring to.the parking lot of the clubhouse, but to the street; internal improvements within this project. Chairman Alderson said, but the infrastructure he referred to would affect both of them and asked if the applicant could say yes or no to that. 547 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Hoeppner said if it was based on the first unit to be occupied, or certificate of occupancy (based on a duplex of two or four), they would probably not be able to do that economically. However, if there is a mechanism to trigger the construction or completion of the option as he mentioned earlier as being when 50% of the project was sold, or occupied, then the development would be turned over to the owners, that would be a good milestone to have the clubhouse up and running. He said it was their intention to have it built sooner, rather than later, because otherwise they would have a lot of unhappy purchasers. He said, in fairness to the business and the economy, they would like to have that come at a more economical time to the process versus laboring the project early on with that cost. Chairman Alderson said he didn't have concerns about the financial viability of this project because of Pyramid's reputation. He asked if they would be using local builders and general contractors. Mr. Hoeppner said it was their company's policy to work with local contractors and consultants. It is a benefit to the community to keep the local people employed; whether it's local craftsman or suppliers. Commissioner Weber had a question on exhibit C4 which showed the layout, prepared by MDS, regarding the hedge along Double Eagle Way. He said it was a very large space on the layout and was noted as being a proposed perimeter open space, he questioned whether the hedge was going to be retained when the plan showed a proposed perimeter open space. Mr. Hoeppner said it was shown as being retained in the attachment package, but not on the screen exhibit. Commissioner Weber said it was shown as open space. Did that mean it would not have structures on it; and the hedge was going to be retained. Mr. Hoeppner said yes. Chairman Alderson asked if there was any public comment. Mr. Gary Tomak, 54-991 Tanglewood, La Quinta CA, (PGA West) introduced himself and said he has lived there for about 20 years. He said he has never been disappointed with anything that has been developed out there and nor with anything the City has approved. It 548 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 has been a gorgeous place to live. He was not for or against this project, but had one concern, regarding the timing of the issue. Because of the housing downturn there's going to be more homes in foreclosure coming on the market, and he has been waiting to see the development of the residential project which has been put on hold. He commented on nearby projects that have been put on hold and have become eyesores. He added that in PGA West there are timeshares that are sort of half -completed and residents are waiting to see a finish on that, so that the green screens will not continue on for years. He commented on the housing bubble and asked what impact the addition of 54 more units would have on the completion of the existing projects in La Quinta, and the homes that are currently on the market. Mr. Howard Culver, 55-501 Southern Hills, La Quinta CA (PGA West) introduced himself and said he wanted to address a couple of issues. The first issue had to do with architectural vibrancy and asked that the Planning Commission, and staff, temper architectural vibrancy with architectural compatibility. He commented on the mountain views from PGA West and that he didn't think the steel and metal finishes proposed were compatible with that. He said the Commission had been concerned with color and the applicant had revised the color to a more moderate tone but, as stated by a staff member, this is the first time they have seen it. They really haven't seen what it is going to look like. He thought the members at PGA West would prefer consideration of something more compatible with the general area around where this is going to be located and go to compatibility before vibrancy. Mr. Culver continued with his second issue which had to do with the presentation of timing and sequencing of the development. He said, as residents of PGA West, they had always been told that before any construction of the villas, that the tennis courts and the existing gym/ fitness facility would be done at the main clubhouse so that there wouldbe no period of time where there would be no tennis courts or fitness facilities. The plan does call for modifications of the main clubhouse, but it has always been presented that the fitness facility would be totally new and developed and the main clubhouse and the tennis courts built before any work was done to demolish existing facilities. If that is a change then I think everyone needs to know about it because that is not what has been presented before you. I am �qq DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 unclear right now as to whether there is going to be a fitness facility at the main clubhouse, up and operating in full extent before the existing one is torn down and whether the new tennis courts are going to be up and operating before the old ones are taken out. There were going to be five tennis courts, which meant they were going from nineteen to five and the five were going to be on new property. He asked if the five tennis courts currently existed. Chairman Alderson responded there were going to be five courts in a different location. Mr. Culver asked if the new courts would be built before the old courts were taken down. Chairman Alderson said that was not how he understood it. Mr. Culver reiterated would there be a period of time where there would be no tennis courts at all? Chairman Alderson said unless there were some other tennis courts. Mr. Culver responded there were no other tennis courts. Chairman Alderson said then the assumption was probably correct. Mr. Culver then suggested the Commission ask about the fitness facility because there was no other fitness facility. If the existing health and fitness club was torn down and there wasn't one built at the clubhouse, there would be no health and fitness facility for an undetermined period of time. All of those representations had been made to all the PGA West membership that there would be no interruption in tennis facilities or the fitness center. Chairman Alderson told Mr. Culver some of his concerns would be addressed in the next presentation about the clubhouse. Mr. Culver said it was never clarified as to what the sequencing would be. Chairman Alderson said they would be touching on that shortly. 550 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill had a question for Mr. Culver regarding his first point. He said PGA West was started in 1983, when it was constructed, some of the first duplex and triplex units were contemporary in design. Then they started going to a more Tuscan or Mediterranean, or Spanish Colonial and then there were the custom homes that were built some of which are extremely contemporary in their design in textures and use of materials and the actual clubhouse facilities which were very contemporary and didn't necessarily have a tie to the existing structures. PGA West, in and of itself, is a very eclectic architectural design community right now. He asked Mr. Culver what he wanted because there wasn't anything about the architecture at PGA West that was consistent. Mr. Culver responded there was a certain compatibility, in terms of color and general architectural style and exterior furnishings. He agreed that the existing clubhouse and health and fitness facility were not the models to go by, but in terms of the colors they are very dark colors which are totally incompatible with anything in PGA West and a lot of the desert. If the applicant is toning them down, we don't know how much they have toned them down. I appreciate their willingness to do it. My concern is that you drive around PGA West and see the colors there and have them change the colors to be more compatible with those, not something glaring and different and that would probably go with the main clubhouse. I know we're going to get to the main clubhouse later on and I will save my comments for a major objection to what they are trying to put there. He didn't have any problem with general modifications to the main clubhouse because it is dated, it is not necessarily compatible, but it is low and sort of unobtrusive. Chairman Alderson asked if he intended to speak on the other project. Mr. Culver said yes. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. City Attorney Jenson wanted to point out that since some of the facilities that they were talking about were within the footprint of this map, they could add a condition of approval relating to there being no 551 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 demolition permit on the existing tennis clubhouse or the tennis courts until the replacement facilities were up and ready. Chairman Alderson asked Counsel if she was saying they could condition the tennis facility to have to be done first so those facilities were functioning which would force that phasing on to the developer. City Attorney Jenson said yes the Commission could add a requirement that there would not be a demolition permit issued for the existing tennis clubhouse or the existing tennis courts until the new ones were in place. Commissioner Quill suggested the public hearing be re -opened to allow the applicant to respond to the some of the comments and then keep it open to allow questions. Chairman Alderson asked the applicant if it would be beneficial to him to have the public hearing re -opened, so he could respond to the comments he'd heard. Mr. Hoeppner said yes. Chairman Alderson then re -opened the Public hearing portion of the meeting. Mr. Hoeppner said, in response to the comments, their intent would be to replace the existing tennis courts prior to start of construction because the tennis courts already existed fairly close by. It would be easy to construct those tennis courts without any impact to the level of play or service to the members. There's already tennis courts there so they would just be re -surfaced and it would be worked out, in terms of logistics, of when certain courts closed and the other ones open. The tennis courts exist there already. We'd just be improving those prior to starting construction and demolition of the other ones. Commissioner Weber asked if the applicant was referring to the five new courts where there were currently some grass courts there. Mr. Hoeppner pointed to the map and showed where those courts already existed and the extension of the green area. So those courts could be constructed prior to demolition. 55? DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson asked the applicant if he would have no objection to a condition in that regard. Mr. Hoeppner said that was correct. Mr. Hoeppner said the clubhouse situation, and replacement of that, would have to be staged and said it might be better addressed in the clubhouse application because this may actually end up staying there while the other one was being constructed. Commissioner Wilkinson asked if the existing exercise/workout facility, clubhouse for the tennis courts would remain until after the remodeling for the main clubhouse facility was finished and all the equipment was moved. Rob Bernheimer, 45-025 Manitou Drive, Indian Wells, CA introduced himself and asked if the Commission could hold off on the discussion of dealing with this building until we get to the application on this building. He said they could agree to the condition, regarding the construction of the tennis courts, but it would end there for this application. He added they could talk about demolition during the next agenda item. Chairman Alderson commented his comments on the tennis courts would help solve part of the problem. Mr. Bernheimer said yes. Commissioner Wilkinson said there were some sunken grass courts out there. He asked if the elevations of the courts were going to remain the same, as he didn't see a grading plan. Mr. Hoeppner said it was about the same. Commissioner Wilkinson asked if it could be cut out and other courts built. Mr. Hoeppner said right, pointed out the slope, and then gave an explanation of what was going to be done. City Attorney Jenson said, for clarification, since the existing clubhouse was within the footprint of this map, it is appropriate to add that condition to this map because otherwise you would be creating lots underneath the existing building. You could put it in the other Site Development Permit as well, but you would want to have it in this geographic area because it is covering this map and if there is no intention to demolish that building in advance of doing the other then it shouldn't be a problem. She recommended that it actually be a condition on this map because this map shows homes where the existing clubhouse is. 553 DRAFT -EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Wilkinson asked if she was saying the condition would read that the demolition permit could not be issued until the clubhouse remodeling was finished. Chairman Alderson commented on the dovetailing of issues with the big clubhouse remodel into this project, interacting with both and really getting complicated. Planning Director Johnson said the key thing to remember is that the Commission has four actions to review. One is a map which covers all 25 acres, including the adjacent clubhouse and as long as the condition is connected to the map, and not the Site Development Permit, that would be fine. He also added he thought the issue was the need for assurance that the amenities would not be lost for an interim period. Mr. Bernheimer said he thought that was a good comment and added he didn't have any objection to saying they would have to provide for this amenity somewhere on this overall site, before that's torn down, but they didn't know what the timing would be and how it would relate to the clubhouse. So, there could be some transitional application of that and they might have to create a facility for workout while construction and demolition was going on. If the condition was worded that the amenity be provided for without disruption of the use of the amenity, rather than just saying they could not tear this down until the entire thing was complete, then that was something they could live with. Chairman Alderson asked if the work on the big clubhouse was completed, and was made functional, so that you had a workout facility, that would take care of one of the concerns. The other concern would be to have tennis facilities ongoing and if the five tennis courts were put in, without the clubhouse, you would then need them both. That would then force you to do the big clubhouse first and we have not reviewed that application yet. Mr. Bernheimer said the conditions should be worded so that Pyramid would be required to provide a minimum of four or five tennis courts at all times, during construction and they would not have to parcel up the map. They would also have to provide similar workout facilities 554 DRAFT - EXCERPTS OF Planning Commission Minutes September 22, 2009 for the membership, in this building, without saying you can't demolish this building. He said they were fine with having the conditions applied to both maps, but not to isolate different facilities. He was concerned that, right now, it appears as though they don't need material for grading, but what would happen if when they begin work and they have to demolish a few courts, but then leave four or five courts going while doing some of that site work. He said if we just talk about amenities, instead of actual physical structures, it would provide more flexibility. City Attorney Jenson said it was perfectly fine to say the amenities could be provided with the area. Chairman Alderson said that condition could be attached to the parcel map. Mr. Bernheimer said they were fine with both of those. Mr. Culver responded by saying what they had proposed had merit. However, he cautioned the Commission to make sure the applicant would not have an opportunity to provide the tennis or fitness facilities at the La Quinta Resort, since there are tennis courts and fitness facilities on that site. The PGA West residents would then have to go to the Resort to use their facilities. Chairman Alderson asked if Mr. Culver wanted the condition to be site specific. Mr. Culver reiterated his comments about the promise of no demolition without replacement facilities and he was concerned the applicant would say the PGA West residents would have to go to the La Quinta Resort for their fitness and tennis facilities for an undetermined number of months. Chairman Alderson then closed the public hearing portion of the meeting and asked Commissioners if they had any additional comments or questions. Commissioner Weber asked if the surfaces of the existing courts were grass, clay, or hard courts. The applicant responded there were all 555 DRAFT - EXCERPTS OF Planning Commission Minutes September 22, 2009 three types. Commissioner Weber asked if the five new tennis courts would be grass or hard courts. Mr. Hoeppner said it was yet to be determined. Commissioner Barrows asked Counsel about Commissioner Quill's previous question on Site Development Permit condition #37; which related to the improvements, building permits, and the project being partially completed. She asked if the current condition addressed that. Commissioner Barrows then read condition #37 which states: 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. City Attorney Jenson said the Commission would have to define what they meant by a "timely manner". She referenced the discussion they had about the new community center and whether to require it before the first Certificate of Occupancy, or when they were halfway through. She then gave examples of the types of wording that could be used and said those were items that could be specified in the condition. She recommended that they not rely on condition #37 as that related to the improvement security and was not appropriate. It needed to be spelled out in a new condition. Commissioner Barrows said she was concerned about one potential condition which related to provision of the facilities on an on -going basis for the recreational facilities and asked for further clarification, from Counsel, on the provision discussed. City Attorney Jenson said the construction was in reference to the timing of the construction of the new community center. She said the new facility would be designed for the 54 villa units and the remodeling of the clubhouse would be discussed in the next public hearing item. 1. 556 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Barrows said she was concerned about what would happen after construction began and wanted to prevent being left with a graded, fenced, empty lot. That was what she wanted to address. City Attorney Jenson said the Commission could spell out those items; such as requiring the roadway improvements be installed. She suggested Principal Engineer, Ed Wimmer, would help with what is typically done for subdivision phasing. If there was something in particular the Commission wanted spelled out, it would have to be done, and could not be bonded for. If the Commission wanted the condition to read "prior to the first building permit", that would have to be spelled out. Chairman Alderson said that was the key. If site improvements get half -done, and not completed, what would be the point in holding the building permits as they would not go forward anyway, but if you had a bond on it, that would be helpful. City Attorney Jenson said there would be bonds required for all the off -sites, but some of things are not required as map conditions, such as the tennis courts and she did not thing the City would be holding bonds for those. She deferred to Principal Engineer Ed Wimmer for an explanation. Commissioner Quill commented that even if there was a bond it would take four years to get the money. It was a moot issue and not worth discussing, as a bond does not protect you. He did not think that was worth going into. Chairman Alderson said the point I made regarding the financial stability of our developer -client here, hopefully, covers that. Commissioner Quill commented on the economic atmosphere and the instability of large brand name firms. His biggest concern was that they not demolish, or close anything, until they know they are going to build the other amenities. If they're going to build models for pre - sale, they should find a location within this site before they begin demolition. They might have to demolish some tennis courts but not the fitness center or clubhouse. He asked if they could provide 557 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 assurance to the Commission that they intend to build the community center and tennis courts; and, during construction, provide some kind of replacement fitness and clubhouse facilities prior to any demolition. Chairman Alderson commented on what the Commission was discussing for this public hearing item and asked if Council would repeat her earlier remarks on the suggested condition. City Attorney Jenson said the Commission could add a condition, to the tract map, that said the existing, tennis courts, tennis clubhouse and their amenities, would not be demolished until new replacement amenities were provided within the site of this map. That did not cover the clubhouse or the community center for these 54 homes. Commissioner Quill said they could do that by building permit. City Attorney Jenson said the Commission could designate a certain numbered building permit would have to be in place prior to obtaining a Certificate of Occupancy. Chairman Alderson said he thought that covered the concerns of all they had heard. Commissioner Weber read condition 75 on page 109, which stated: All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. He asked that "and painted to match the adjacent buildings" be struck out because the transformers were utility -owned and that was not the developer's prerogative to paint them to match the adjacent buildings. He also wanted to add that the screening and landscaping be in compliance with the utility's regulations because there were issues regarding plantings around transformers and he wanted to see that included. Commissioner Weber said he appreciated the ALRC's debate on this. There were two opposing views, and a lot of consternation, and he 558 DRAFT - EXCERPTS OF Planning Commission Minutes September 22, 2009 was glad there was an ALRC. He was still concerned as to why the phasing could not be clarified. He then commented on the applicant's responses to the setbacks, the water features, and the colors. He commented the Commission should be very strict about the amenities being in place prior to demolition. He said he still had an issue with the tennis courts being reduced from nineteen to five. He was not convinced that 20 years from now tennis would not be more than just a micro -business and saw this as moving in a "direction that worries him. Chairman Alderson wanted it entered into the record that Ms. Sharon Burton, 55-099 Tanglewood, La Quinta CA', sent a letter regarding this project giving her thoughts on water preservation. He also read a letter from Mr. B. Richins, 54-299 Shoal Creek Road, La Quinta, CA, stating he opposed the project. Commissioner Quill said he'd just like to recommend that the following wording be added to Condition #75: you add "per the specifications of the appropriate utility", or words to that affect. That way it would cover IID (Imperial Irrigation District), or any other utility, from that perspective. Commissioner Weber said this is a major issue and the landscaping perimeters, around the equipment need to be maintained. Imperial Irrigation is actually going in and trying to work on this issue now. So, if this is a standard condition, it needs to be changed because the standard is no longer acceptable. Commissioner Wilkinson asked to see the ABC color palette exhibit. He said he was not opposed to the darker color, but was looking for compatibility with the surrounding architecture; in particular the adjacent project. Discussion followed regarding what was shown and what the original colors were. Commissioner Wilkinson asked if the Commission was to designate colors, was the applicant to select A, B, and C, and had the original designated color been dropped from the palette. Commissioner Barrows said that depended on how the motion was worded. 55 j DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson asked if Commissioner Wilkinson wanted to condition the project to utilize colors as is dictated in the revised condition. Commissioner Wilkinson said yes. Commissioner Barrows just wanted to clarify one thing regarding Commissioner Wilkinson's question on the colors. She said there is an existing condition that references the color palette being amended to represent the lighter colors typically found in PGA West and she thought what the Commission wanted to refer to was the colors presented at the meeting. Commissioner Weber asked if the community center was the residential center. Commissioner Quill responded that the community center was the building that was intended for the 54 unit tract. Commissioner Weber added he wanted to clarify and make sure he understood there would be no demolition of the existing tennis clubhouse or a majority of the tennis courts prior to replacement facilities being in place, within the tract boundary. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-026 approving Environment Assessment 2008-601 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-027 approving Specific Plan 83-002, Amendment 7 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-028 approving Tentative Tract Map 36139 with amendments as follows: 1. Delete the following paragraph from Condition 44 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL 560 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #84 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-029 approving Site Development Permit 2008-907 with the inclusion/amendment of the following conditions: 1. Delete the following paragraph from Condition 36 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #74 to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 3. Change condition #76 to read: "The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile 561 DRAFT— EXCERPTS OF Planning Commission Minutes September 22, 2009 presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site." 4. Change Condition #78 to read: "The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 301h building permit within the Villas project." 5. Change condition #79 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." Unanimously approved. B. Site Development Permit 2009-911; a request by Pyramid Project Management, LLC for consideration of plans for the remodel and expansion of the PGA West private clubhouse located at 56-140 PGA Boulevard; PGA West; west of PGA Boulevard. Chairman Alderson opened the public hearing and asked for the staff report. Chairman Alderson prefaced the staff report by saying this was being presentedby the same applicant and there had been a lot of discussion of some of the issues involved with this project which did not need to be repeated. The Commission is now fairly familiar with the project and would not have to go over the same points. He then asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. .... 5 6 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked staff to identify the location of the clock tower. Staff pointed out its location. Chairman Alderson asked if staff had the same color concerns as they did on the previous project. Staff said no, but the question of color did come up at the ALRC so it could be a point of discussion for the Commission. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Ken Hoeppner showed a slide presentation regarding the clubhouse. He started with staff and. ALRC's previous comments, some of which were regarding water features, at both the front entry and the rear of their proposal. Unlike the water feature introduced in the prior application, this water feature was truly interactive and a key part of their marketing and business model, at the Resort and at the clubhouse. It would be a great opportunity for wedding and group photos, and they would like to keep the water features, but they would certainly be aware of water conservation issues to minimize water usage. He also commented on their use of green building initiatives since this was an old building and needed updating. He discussed some of those updates. He also commented on access to the tennis courts which would be provided by a walkway from the clubhouse to the tennis courts. At last there was the issue of architectural design in which they tried to introduce uniqueness and character to liven up the existing architecture at the clubhouse. They introduced some different materials and elevations and he showed slide renderings and perspectives of what the proposed clubhouse would look like. Chairman Alderson commented this was the first time the Commissioners had seen the renderings as it was not in their packet. He then asked if the circular planter shown was existing. Mr. Hoeppner said that was approximately in the same location as the current drop off. Chairman Alderson then asked if that was an active water feature. Mr. Hoeppner said yes. DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Commissioner Quill asked if the blue designated area next to the entry was water. Mr. Hoeppner said yes. Mr. Hoeppner went on with a slide presentation which showed some of the work previously done at the Stadium Course Clubhouse as well at the existing facility, at the private clubhouse, before and after. Commissioner Quill asked about the water features and Mr. Hoeppner pointed to one of the slides which showed a water wall. Chairman Alderson asked if that was the water feature Mr. Hoeppner referred to earlier, for photo opportunities. Mr. Hoeppner said yes. Commissioner Quill asked if it was similar in size and scope to the one in the present resort hotel courtyard. Mr. Hoeppner said it was a larger scale than that. Commissioner Quill asked about water usage in the front entry. Mr. Hoeppner said they recognized the sensitivity to water conservation and would try reuse and minimize water usage. Commissioner Alderson asked about the three circular water fountains noted on the plans. Mr. Hoeppner said the only water feature would be in the center, by the porte-cochere. The rest of the circular notations were landscape islands. He then explained where the rotunda would be and the water feature in the middle of the drive court, as well as the water around the palm trees, at each side of the entrance. Commissioner Weber asked which ones were new. Mr. Hoeppner said they were all new; except the center one replaced an existing one. Commissioner Quill said he liked the plans. Commissioner Barrows commented on the various locations on water features. She the read Condition #59, which states: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. " ,to.. 5 6 ,1 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 She then noted there was grass shown right up to the curb contrary to this Condition. Commissioner Quill pointed out they were not public streets. Commissioner Barrows said regardless of that it would still create water runoff into the street or other surface. It would be a maintenance issue for the City if it were a public street, but it still creates a condition where water is running off onto pavement and not being productive. She was concerned about that and the lack of information on the water features. She commented on the fact the Commission has been reviewing water features very carefully to ensure that the water source is recycled water she assumed that was the case. Mr. Hoeppner said he was assuming that. Commissioner Barrows said it was difficult to assess them without a complete presentation. Mr. Hoeppner said he understood. Chairman Alderson asked about the landscape plans coming back to the Commission. Planning Director Johnson said the standard procedure was to have it go to the ARLC, and then be reviewed by the Planning Director. Chairman Alderson said the Commission could make a recommendation to review those plans since Commissioners Barrows and Quill had those concerns regarding the configuration, size and function of the water features. Staff responded the Commission could direct it to come back as a business item. Chairman Alderson said he did not think it was worth bringing back the entire project. Commissioner Quill clarified that he just wanted the water features brought back, as a general business item. Mr. Hoeppner said they could certainly accommodate that. Commissioner Barrows said she thought it was a great looking building and didn't have any concerns about the architectural compatibility or colors. She did say the report contained comments regarding sustainable or green building construction elements which did not appear to be a focus of the proposed remodeling and expansion plans; however, the applicant's presentation stated they were a focus. She commented the City is encouraging green and sustainable building 565 DRAFT -EXCERPTS OF Planning Commission Minutes September 22, 2009 practices and asked if the client could give the Commission a little more information on their plans. Mr. Hoeppner explained his company's philosophy and the fact that California has will be adopting more strict building and energy codes. They would definitely be in compliance with that and would support incorporating those building codes into the project. Commissioner Barrows said the clubhouse addressed her concerns with regards to shading, but she did have a concern about landscaping and water runoff. Chairman Alderson asked the applicant if this could be addressed. Mr. Hoeppner said he believed so. Chairman Alderson asked if Commissioner Barrow's concerns could be covered in the landscape plans forthcoming. Mr. Hoeppner said he believed so and said they could look at decomposed granite (DG) and other kinds of alternate materials. Commissioner Barrows said a lot of that had to do with the irrigation system. Mr. Hoeppner said that was correct. Commissioner Weber asked what shade fabric was to be used. Mr. Hoeppner said it would be Sunbrella. Commissioner Weber said he echoed the comments about energy efficiency and Title 24. He added that the City of La Quinta tried to go beyond that as energy and water efficiency is becoming more of a focus. He then commented on State requirements and the importance of water. He added, the water features needed to come back as a business item since the Commission had so many questions on those features. Chairman Alderson commented on the fact that the applicant removed 140 parking stalls and asked if he was still in conformance. Mr. Hoeppner said yes. Chairman Alderson asked about the location of the turnaround versus the current driveway. Mr. Hoeppner referred to its location on the site plan. Chairman Alderson asked if the flow of the traffic would remain the same. Mr. Hoeppner said the front door is in exactly the same place. 566 DRAFT —EXCERPTS OF Planning Commission Minutes September 22, 2009 Chairman Alderson asked if they were able to save any of the large specimen palm trees. Mr. Hoeppner responded that was part of what their proposal included. Chairman Alderson asked if there was any public comment. Mr. Culver asked about various buildings, shown on the power point slides. Mr. Hoeppner pointed out what each building would be. Mr. Culver asked if, procedurally, this matter could be considered, since he received a notice about one public hearing item, but not the other. Chairman Alderson asked if they had been noticed on the same document. Staff responded both hearing notices were sent out. They did not know why Mr. Culver received one and not the other, but said they had documentation representing the distribution. Mr. Culver commented on an earlier discussion regarding site pollution and said he was opposed to the 45 foot clock tower. He referred back to the (City Council) Eden Rock proceedings and the denial of their clock tower. He was shocked to see another proposal to put a clock tower in to block the view of the mountains and thought it should be eliminated here as it was incompatible with the surrounding architecture. He then commented on some of the pictures, the prominent position of the clock tower, and the relationship of the signature mountains behind it. He then urged the Commission to deny the clock tower. Mr. Culver also inquired about the shade structure on the terrace and asked if they would be included on the dining terrace. He also commented on the previously -raised issue of window shades and covers and wondered how extensive the shading would be and asked if there were any pictures included in the proposal. Chairman Alderson thanked Mr. Culver and said he appreciated his comments. He then asked if the applicant would like to address Mr. Culver's comments. 5b DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Hoeppner said the shade structure was on the rear of the patio area just like the one at the Stadium Clubhouse. Chairman Alderson asked if that was a dining area with individual seating and umbrellas. Mr. Hoeppner said no, it had a shade structure. Chairman Alderson asked if the applicant understood the concern and could deal with it. Mr. Hoeppner said yes. Commissioner Quill said the clock tower looked no higher than the fireplace chimney. He asked how much taller the clock tower was than the top of the parapet. Mr. Hoeppner said he did not have the dimensions handy. Chairman Alderson said on the west elevation it appeared the clock tower was the same height as the building. Commissioner Quill said it looked like it is the same height as the parapet for the equipment. Mr. Hoeppner said it was about the same height of the building; or five feet higher in certain locations. Planning Director Johnson said, based on the information available, there is a one foot difference from the highest parapet point of the building. Mr. Culver said one of the pictures, he saw, showed very clearly that it was more than a foot. Mr. Hoeppner located the slide and said that was a perspective picture. Mr. Culver said people would look at that perspective and see the clock tower was more than a foot above. Mr. Hoeppner then explained about the slide showing perspective. Chairman Alderson said the dimension drawings do show the scale and that alleviated his concern. Mr. Culver asked if there was a clock on the clock tower. Planning Director Johnson offered to show Mr. Culver the plans which went into more detail. Chairman Alderson told Mr. Culver to see staff to review those plans. 563 DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 Mr. Culver said he had one more issue and that was to urge the Commission, and staff, to postpone this item until later in the season. Right now there were only 10% of the PGA West residents present and this should be presented later. He said, in other words, ask the Council to consider this in the winter season, when 90% of the PGA Residents could be present instead of trying to pass it through when there was virtually no one around. Chairman Alderson said it was so noted and thanked Mr. Culver for his comments. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber asked when this project would be presented to City Council. Staff said if the recommendation was brought forward this evening then this matter would go to Council on October 6, 2009. Commissioner Weber asked that this information be shared with Council and said the only other issue he had was regarding the standard utility comments. Commissioner Barrows commented the building might look better without a clock tower. She did not have any concerns about the architectural compatibility, as it was a good territorially -inclined modernization of the site. She did think the Commission should review the water feature, as a future business item, and commented on adding a recommendation about the lawn/water runoff issue. Chairman Alderson asked staff if they address Commissioner Barrow's concerns on the landscape designs. Staff if it was the Commission's recommendation to Council, they would make sure it was clearly stated in their conditions. Chairman Alderson said Commissioner Barrow's comments and concerns should be shown on the landscape plans that were yet to be designed and brought before the Commission. Commissioner Barrows said that could be added as a condition. Commissioner Wilkinson asked if the clock tower was any different in height than the chimney, at the maximum height. Staff said there DRAFT- EXCERPTS OF Planning Commission Minutes September 22, 2009 was approximately a one -foot height difference. Commissioner Wilkinson said he did not see a specific height listed for the chimney, but looked about the same height or lower. Commissioner Wilkinson commented on line -of -sight and the possibility the clock tower would probably not be seem as you drove in. He then commented on the proximity of the closest residents and pointed out the location on an aerial. He then said, after looking at those locations, he did not think that it blocked any views, or has any line -of -sight restrictions for any of the residents. Chairman Alderson agreed. There was no further discussion and it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2009-030 recommending approval of Site .Development Permit 2009-911 with additional recommendation as follows: 1. Delete the following paragraph from Condition 33 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Condition #59 shall be amended to read: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. The use of turf in proximity to hardscape throughout the project site shall be minimized in order to prevent irrigation overspray." 3 Condition #70 shall be amended to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical 570 DRAFT - EXCERPTS OF Planning Commission Minutes September 22, 2009 equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 4. Condition #72 shall be added to state: "Detailed description of water features shall be returned to the Planning Commission, as a Business Item, for approval, prior to any building permits being issued." Unanimously approved. 571