2009 11 03 CC&(# 4 44d4a
City Council agendas are
available on the City's web page
@ www.la-quinta.org
CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, NOVEMBER 3, 2009
3:30 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. 2009-089
Ordinance No. 474
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 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 SOUTHEAST OF THE
MILES AVENUE AND WASHINGTON STREET INTERSECTION AND NORTH
OF THE WHITEWATER STORM CHANNEL. PROPERTY OWNER/
NEGOTIATOR: CP DEVELOPMENT LA QUINTA, LLC, RICHARD OLIPHANT.
City Council Agenda 1 November 3, 2009" 001
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
4:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CONFIRMATION OF AGENDA
PRESENTATIONS
1. PRESENTATION OF THE HELEN PUTNAM AWARD TO THE CITY FROM THE
LEAGUE OF CALIFORNIA CITIES IN RECOGNITION OF VISTA DUNES
COURTYARD HOMES.
WRITTEN COMMUNICATIONS
1. WRITTEN CORRESPONDENCE FROM ROBERT AND LISA DELGADO, LAS
CASUELAS QUINTA, DATED OCTOBER 23, 2009, REGARDING MONUMENT
SIGN.
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF OCTOBER 20, 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 NOVEMBER 3, 2009.
...") 002
City Council Agenda 2 November 3, 2009
2. APPROVAL TO APPROPRIATE FUNDING FROM THE UNITED STATES
DEPARTMENT OF ENERGY FOR THE ENERGY EFFICIENCY AND
CONSERVATION FORMULA BLOCK GRANT.
3. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM COUNCIL
MEMBER HENDERSON.
4. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. 009-N TO
CITY OF LA QUINTA MASTER AGREEMENT 08-5433R FOR CONGESTION
MANAGEMENT AIR QUALITY (CMAQ) FUNDING TOWARD THE HIGHWAY
111 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT AND INTERCONNECT
PROJECT, PROJECT NO. 2008-16.
5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN
RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC.
6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32879, GRIFFIN
RANCH, MCCOMIC-GRIFFIN, LLC AND GRIFFIN RANCH, LLC.
7. APPROVAL OF AN ADVANCE FROM THE GENERAL FUND TO THE
SILVERROCK GOLF ENTERPRISE FUND.
8. APPROVAL OF THE TRANSFER OF TEN PARCELS OF LAND FROM THE
LA QUINTA REDEVELOPMENT AGENCY TO THE CITY OF LA QUINTA AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF
ACCEPTANCE (APNs: 604-040-057, 604-470-001, 770-184-001, 773-101-
001, AND -002, 769-083-007, -008, AND -009, AND LOTS E, F, G, H,
AND I OF PARCEL MAP 31116, AND LOT D OF PARCEL MAP 33588.
9. APPROVAL TO AWARD A CONTRACT TO STEINY AND COMPANY, INC.
TO CONSTRUCT A NEW TRAFFIC SIGNAL AT DESERT CLUB DRIVE AND
AVENUE 52, PROJECT NO. 2008-02.
10. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE PHASE I
VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING
DEVICES, PROJECT NO. 2008-04 AND APPROPRIATION OF FUNDS IF
APPLICABLE.
11. APPROVAL OF A CONTRACT EXTENSION WITH THE PLANNING CENTER
FOR PREPARATION OF THE LA QUINTA HOUSING ELEMENT UPDATE.
City Council Agenda 3 November 3, 2009 n ,"»• 003
12. ADOPTION OF A RESOLUTION RESCINDING RESOLUTION NO. 2009-083
AND EXTENDING THE TIME FOR COMPLETION OF THE OFFSITE
IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA
WEST, NADADOR, LLC.
13. ADOPTION OF A RESOLUTION RESCINDING RESOLUTION NO. 2009-084
AND EXTENDING THE TIME FOR COMPLETION OF THE ONSITE
IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA
WEST, NADADOR, LLC.
14. AUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE AND EXECUTE
A CONTRACT TO CONSTRUCT A COMPRESSED NATURAL GAS (CNG)
DISPENSING STATION FOR FIRE STATION 32, PROJECT NO. 2008-03,
AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08.
BUSINESS SESSION
1. CONSIDERATION OF 2No QUARTER COMMUNITY SERVICES GRANTS AND
FUNDING REQUESTS.
A. MINUTE ORDER ACTION
2. CONSIDERATION OF AN ORDINANCE ADDING SUBSECTION 12.69 TO
CHAPTER 12 OF THE LA QUINTA MUNICIPAL CODE, PERTAINING TO
REGULATIONS FOR GOLF CARTS ON CERTAIN STREETS AND
ASSOCIATED MATERIALS TO IMPLEMENT PHASE I OF THE GOLF CART
PROGRAM.
A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE
FURTHER READING
B. INTRODUCE ORDINANCE NO. ON FIRST READING
STUDY SESSION — NONE
REPORTS AND INFORMATIONAL ITEMS
1. ANIMAL CAMPUS COMMISSION (FRANKLIN)
2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH)
3. CITY COUNCIL AD HOC COMMITTEE REPORTS
City Council Agenda 4 November 3, 20091a. r 004
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. COMMUNITY SERVICES COMMISSION MINUTES OF SEPTEMBER 14, 2009
DEPARTMENT REPORTS
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY CLERK
A. JANUARY 5, 2010 CITY COUNCIL/REDEVELOPMENT AGENCY
MEETING
4. BUILDING & SAFETY DEPARTMENT REPORT - NONE
5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE
6. FINANCE DEPARTMENT REPORT - NONE
7. PLANNING DEPARTMENT REPORT - NONE
8. PUBLIC WORKS DEPARTMENT REPORT - NONE
9. POLICE DEPARTMENT REPORT - NONE
10. FIRE DEPARTMENT QUARTERLY REPORT - NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECESS TO 7:00 P.M.
City Council Agenda 5 November 3, 2009
005
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 A RESOLUTION
APPROVING A ONE-YEAR TIME EXTENSION FOR SITE DEVELOPMENT
PERMIT 2007-866, A 13.79± ACRE BOUTIQUE HOTEL SITE (200 UNITS
AND 259 KEYS) CONSISTING OF A 25,000± SQUARE FOOT PARKING
STRUCTURE AND 29 CONDOMINIUM HOTEL UNIT BUILDINGS
CONTAINING A MEETING FACILITY, RESTAURANT, AND RESORT SPA ON
PROPERTY LOCATED SOUTH OF AVENUE 52 AND EAST OF SILVERROCK
WAY. APPLICANT: LOWE DESTINATION DEVELOPMENT (LDD)
SILVERROCK, LLC.
A. RESOLUTION ACTION
ADJOURNMENT
The next regular meeting of the City Council will be held on November 17, 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.
n
006
City Council Agenda 6 November 3, 2009
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 November 3, 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 111,
on October 30, 2009.
DATED: October 30, 2009
VERONICA J. NTECINO, City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-
four (24) hours in advance of the meeting and accommodations will be made.
If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at 777-
7103. A one (1) week notice is required.
If background material is to be presented to the City Council during a City Council meeting,
please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to
the City Clerk for distribution. It is requested that this take place prior to the beginning of
the meeting.
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 Calle Tampico, La Quinta, California, 92253, during normal
business hours.
'N..9 pp 7
City Council Agenda 7 November 3, 2009
WRITTEN CORRESPONDENCE ITEM:
Letter to Ma
or a Cou Restauraute - - Caut{ua
y � y
October 23, 2009
City of La Quinta h� 3 M J
P.O. Box 1504
I I
La Quinta, Ca. 92247 L GUY Gr to 0tl!A
CITY MANAGER'S OFPI
Re: New monument sign at the corner of Washington Street and Highway 11 I
Dear Mayor Adolph and Members of the La Quinta City Council, II�
As owners of Las Casuelas Quinta we have been proudly operating our restaurant since 2003 on the finest W
corner and in the best city in the desert. The decision to locate on that corner was not taken lightly or
quickly and was done at significant cost. The Delgado family has been serving the valley for over 50 years
and our commitment to our respective communities is considerable. In the last fiscal year Las Casuelas
Quinta alone has paid roughly $270,000 in sales tax and $50,000 in property taxes and we also contribute
by the fact we employ at least 80 employees, many of who reside in the city, and have made numerous
charitable contributions to local schools and worthy causes.
One obvious choice for Las Casuelas Quinta's location was the marketability through the high visibility
and positioning at such a high traffic intersection. We feel that the new monument sign which has been
installed a mere few feet from our building ,and the "Las Casuelas Quinta" lighted sign/logo, clashes loudly
with our buildings muted earthen tones with its' loud blue color. The large blue banner clearly takes away
from the restaurants aesthetics but more importantly sets a very poor precedent and message to other
businesses not located in "the Village" Visitor's attention arriving southbound on Washington street is
now directed away from our purposely designed signage and building towards this vague and enticing blue
bannered sign announcing "the Village" and an arrow directing the arriving visitors away from possibly
visiting one of the centers located in our area and the 1 I 1 corridor. Those guests arriving southbound are
more than likely traveling towards one of the La Quinta village resorts or timeshares anyway and the sign
would be just as effective if located away from competing businesses further down Washington street. The
precedent constitutes a message that the city would foster more importance to one area as opposed to a
balanced message benefiting all our city's businesses. We all know the city is land locked and sandwiched,
perhaps the marketing effort should focus a sign near the Washington and I-10 on -ramp announcing the
I I 1 business corridor and "the Village" offerings. Or is the city planning placement of these blue banner
signs at other locations, perhaps one a few feet in front of Arnold Palmer's restaurant and its` own signage
or Old Town La Quinta, directing visitor's away from the village area announcing and directing visitors
towards the 111 corridor?
We would kindly request, at the November 3rd meeting or at your earliest convenience, discussion for the
removal of this sign before it damages us, our center and the surrounding businesses. We think removal by
at least a week or two before the Thanksgiving rush would be fair in our estimation. We believe this was
an innocent oversight and perhaps a representative committee could help formulate a better advertising
strategy that would benefit us all.
Our sincerest thanks in helping us with this resolution.
Gratefully,
e an isa gado
Owners, Las Casuelas Quinta
78-480 Hwy 11t, La Quinta, California 92263
O wy 1118 Washington) 008
760.777.7716 - 760.777.7716 Fax N
www,lascasuelasquinta.com
COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Demand Register Dated
November 3, 2009
RECOMMENDATION:
Approve Demand Register Dated November 3, 2009
BACKGROUND:
Prepaid Warrants:
84828 - 848691
84870 - 84895)
Voids?
Wire Transfers}
P/R 35849 - 358591
P/R Tax Transfers}
Payable Warrants:
84896 - 850251
FISCAL IMPLICATIONS:
Demand of Cash - City
Demand of Cash - RDA
John M. Falconer, Finance Director
110,280.83
97,943.13
(63.00)
204,603.98
233,475.77
62,079.21
1,450,554.20
$2,158,874.12
$1,884,058.16
$274,815.96
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
009
CITY OF LA QUINTA
BANK TRANSACTIONS 10/14/09 - 10/27/09
10/16/09 WIRE TRANSFER - ICMA
10/16/09 WIRE TRANSFER - PERS
10/20/09 WIRE TRANSFER - TASC
10/22/09 WIRE TRANSFER - LANDMARK
$13,487.10
$24,130.71
$1,077.04
$165,909.13
TOTAL WIRE TRANSFER OUT $204,603.98
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: November 3, 2009
BUSINESS SESSION:
ITEM TITLE: Approval to Appropriate Funding from the
United States Department of Energy, Energy Efficiency CONSENT CALENDAR:
and Conservation Formula Block Grant STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Appropriate $180,700 in funding from the United States Department of Energy,
Energy Efficiency and Conservation Formula Block Grant.
FISCAL IMPLICATIONS:
An appropriation in the amount of $180,700 (101-1004-413.32-15) and an offsetting
revenue account (101-1000-331.55-00) in the amount of $180,700 will be
established.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The American Recovery and Reinvestment Act of 2009 (ARRA) appropriated funding
for the United States Department of Energy (DOE) to issue/award formula -based grants
to states, U.S. territories, units of local government, and Indian tribes under the Energy
Efficiency and Conservation Block Grant (EECBG) Program. Projects awarded under
the ARRA are to spur economic growth, decrease total energy consumption, create
and/or retain jobs and improve energy efficiency in the transportation, building, and
other energy -consuming sectors. The City of La Quinta was awarded $180,700 based
on population and energy usage. On May 19, 2009, City Council approved an
application to the DOE, National Energy Technology Laboratory for the ARRA —
EECBG. The City submitted two project activities for EECBG funding consideration: 1)
• 054
Energy Efficiency Retrofits on Municipal Buildings, and 2) Solar Study. Both project
activities were approved and funded. The total cost for projects is $180,700.
On November 18, 2008, the City Council accepted an Energy Efficiency Feasibility and
Green House Gas Emission Study provided by Imperial Irrigation District (IID), which
focused on municipal buildings identifying energy efficiency retrofit measures (EEM).
Municipal buildings included the City Hall, Library, Fire Station and Senior Center. The
City was able to use this study as the basis for the first project activity in the EECBG
application submitted to the DOE. The study identified ten EEM's, however, only nine
were submitted due to funding constraints. EEM's are noted below:
EEM #1
Replace existing incandescent lighting with compact fluorescent lighting
(CFL's) with upgraded pendant enclosures and conversion of some T-12
fluorescent interior and exterior lighting to high -efficiency Super T8 fluorescent
lighting with upgraded electronic ballasts in the City Hall building — Annual
Electricity Savings: 30,852 kWh; Annual Electricity Cost Savings: $4,011
EEM #2
Install Power Management software for desktop computers in Civic Center
Building — Annual Electricity Savings: 24,414 kWh; Annual Electricity Cost
Savings: $3,174
EEM #3
Install high efficiency packaged units with differential enthalpy economizers at
the Senior Center — Annual Electricity Savings: 55,381 kWh; Annual Electricity
Cost Savings: $7,200
EEM #4
Install CO2 sensors for Demand Control Ventilation in the Senior Center
Multipurpose Room and Council Chambers at City Hall - Annual Electricity
Savings: 16,206 kWh; Annual Electricity Cost Savings: $2,107
EEM #5
Remove the existing Inlet Guide Vanes and install of Variable Frequency Drives
(VFD's) on the three Air Handler Units at the Senior Center- Annual Electricity
Savings: 43,129 kWh; Annual Electricity Cost Savings: $5,607
EEM #6
Install premium efficiency motors for the supply and return fans in the Air
Handler Units at the Senior Center- Annual Electricity Savings: 12,267 kWh;
Annual Electricity Cost Savings: $1,595
EEM #7
Replace existing split air conditioning systems with higher efficiency split
systems at the Civic Center - Annual Electricity Savings: 11,898 kWh; Annual
Electricity Cost Savings: $1,547
EEM #8
Re -commission the 13 rooftop packaged air conditioning systems in the City
Hall Building to ensure the proper functioning of dampers in the economizers -
Annual Electricity Savings: 5,610 kWh; Annual Electricity Cost Savings: $729
EEM #9
Perform pump retrofit operations for the circulation and lake transfer pumps
(40HP) - Annual Electricity Savings: 49,287 kWh; Annual Electricity Cost
Savings: $6,407
Total Annual Electricity Savings: 249,044 kWh
Total Annual Electricity Cost Savings: $32,377
Total Green House Gas Emissions Reduction: 14%
2
In addition, the cost for an updated study is included in the EECBG funding in order to
update the above EEM costs and data.
IID will update the Solar Study they previously completed, which describes potential
energy savings and financial analysis of a photo -voltaic power generation installation
over the south facing carport roofs of the Civic Center/City Hall municipal building,
Senior Center and Library. This Solar Study will be used as the basis to apply for
future grant funding.
Based on the City Council's direction, staff submitted an application for the Energy
Efficiency and Conservation Formula Block. Since the time of the application,
additional energy retrofits were identified such as replacing the air conditioning unit in
the computer room. Staff is working with DOE personnel to re -allocate potential
savings in funding from the Solar Study to these additional energy efficiency retrofits.
Staff is asking for City Council's approval in accepting and appropriating funding for
DOE- EECBG funding and for the additional energy efficiency retrofits that have been
identified.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Appropriate $180,700 in funding from the United States Department of Energy,
Energy Efficiency and Conservation Formula Block Grant;
2. Do not appropriate $180,700 in funding from the United States Department of
Energy, Energy Efficiency and Conservation Formula Block Grant;
3. Provide staff with alternative direction.
Respectfully submitted,
/MLJ � L /1"1, .C�_
Br t M. Plumlee
Assistant City Manager — Management Services
Approved for submission by:
Thomas P. Genovese, City Manager
��• 056
3
COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Adoption of a Resolution Accepting a
Donation from Council Member Terry Henderson
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council accepting a donation from Council Member
Terry Henderson.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Council Member Henderson would like to donate an antique golf practice device to the
La Quinta Museum. The item titled "Folda Fairway Home Golf Course Shot Analyzer"
was produced by A.E. Peterson Manufacturing Company in the 1940's (Attachment
1). The practice device has one side with metal gauge showing the hitting distance in
yards, 25 to 350. The item stands 36 inches tall. The item will be on temporary
display in the upstairs gallery alongside other museum artifacts for the "Sweet Spot"
Golf Exhibit in January and February 2010, and will then be placed in the museum
collection. Once the donation is accepted, Council Member Terry Henderson will retain
no rights to the donation of the item donated.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council accepting a donation from Council
Member Terry Henderson; or
11 057
2. Do not adopt a Resolution of the City Council accepting a donation from Council
Member Terry Henderson; or
3. Provide staff with alternative direction
Respectfully submitted,
Edie Hylton
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Photo of Folda Fairway Golf Course Shot Analyzer
058
Pa
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA. ACCEPTING
A DONATION FROM COUNCIL MEMBER TERRY
HENDERSON
WHEREAS, on November 3, 2009, Council Member Terry Henderson
generously offered a donation of a Folda Fairway Golf Course Shot Analyzer to be
given to the La Quinta Museum as a contribution for the patrons who utilize the
facility; and
WHEREAS, the gift was offered for donation to the City of La Quinta and
was not given to or limited to the use of any particular employee or official; and
WHEREAS, it is in the best interest of the City of La Quinta to accept the
donation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
The City of La Quinta hereby accepts the donation of the Folda
Fairway Golf Course Shot Analyzer as a contribution to the patrons
who utilize the facility.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 3rd day of November 2009, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
059
3
Resolution No. 2009-
Council Member Terry Henderson Donation
Adopted: November 3, 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
.. C60
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COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Approval of Program Supplemental
Agreement No. 009-N to City of La Quinta Master
Agreement 08-5433R for Congestion Management Air
Quality (CMAQ) Funding Toward the Highway 111
Traffic Signal Equipment Replacement and Interconnect
Project, Project Number 2008-16
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize the City Manager to execute Program Supplemental Agreement 009-N
(Attachment 1) to Agency -State Agreement Number 08-5433R for Congestion
Management Air Quality (CMAQ) funding toward the Highway 111 Traffic Signal
Equipment Replacement and Interconnect Project, Project Number 2008-16.
FISCAL IMPLICATIONS:
The following is the project's proposed funding and funding sources:
CMAQ Grant Funds $177,000
General Fund (Required Local Match) $62,500
Total Funding Available: $239,500
The following is the anticipated project budget:
Inspection/Testing/Survey: $19,500
Construction (Equipment Replacement/Interconnect): $200,000
Contingency: $20,000
Total: $239,500
62.
The grant funding is for construction activities only and soft costs (design, inspection,
testing, survey, and administration) are not eligible for reimbursement. The design
costs associated with this project were previously provided from the 2008-2009
Public Works Department Operating Budget.
CHARTER CITY IMPLICATIONS:
The project is partially funded with Federal CMAQ funding. As such, the project will
be advertised with prevailing wage requirements.
BACKGROUND AND OVERVIEW:
The purpose of the project is to replace the existing Caltrans traffic signal controllers on
Highway 111 with new traffic controllers that are compatible with the City's Aries
Central Control Software. The project will also interconnect the traffic signals within
the corridor. This will not only facilitate traffic signal coordination on Highway 111 but
also coordination on the cross streets will be possible now that all of the City's signal
controllers will be able to communicate with one another.
In early 2007, the Coachella Valley Association of Governments (CVAG) announced a
call for projects for application of funding from CMAQ program funds provided through
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU).
On July 17, 2007, the City Council adopted a resolution approving the submittal of an
application to CVAG for partial funding for the purchase and replacement of traffic
signal controllers on Highway 111.
In addition, the City Council was advised that the City's application for funding toward
the replacement of the traffic signal controllers included a provision that the City of La
Quinta would provide an 1 1 .47% local match. The total estimated cost of the project
was $200,000. The CMAQ funds will provide $177,000 and the City's mandatory
local match is $23,000. The grant funding is for construction activities only and soft
costs (design, inspection, and testing, survey) are not eligible for reimbursement and
will increase the local contribution to $62,500.
On October 29, 2007, CVAG's Executive Committee approved the City's application
for CMAQ funding in the amount of $177,000 as partial funding (88.53%) for the
purchase and replacement of traffic signal controllers on Highway 1 1 1.
The City's project was submitted to the Riverside County Transportation Commission
(RCTC) for inclusion, through formal amendment number 2, in the 2008 Regional
Transportation Improvement Program (RTIP). The RTIP amendment number 2, which
included the project, was approved by the Federal Highway Administration (FHWA) on
to..... 063
February 2, 2009.
The project's federal environmental document was approved on June 22, 2009 and
the City submitted its request for authorization to proceed with construction and the
PS&E certification to Caltrans on July 1, 2009.
On August 4, 2009, the City Council appropriated CMAQ grant funds in the amount of
$177,000, appropriated unassigned general fund reserve funds in the amount of
$62,500, approved the plans, specifications and engineer's estimate (PS&E), and
authorized staff to advertise for bid the Highway 111 Traffic Signal Equipment
Replacement and Interconnect Project, Project Number 2008-16.
The attached program supplement agreement 009-N to agency -state agreement
number 08-5433R provides $177,000 of federal funding toward the construction
phase of the Highway 111 2008-16.
In addition to the City's execution of the original agreement, the City Clerk will be
required to provide a certified "Minute Order" that clearly identifies the project and the
official authorized to execute the agreement.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Authorize the City Manager to execute program supplemental agreement 009-N
to agency -state agreement number 08-5433R for CMAQ funding toward the
Highway 111 Traffic Signal Equipment Replacement and Interconnect Project,
Project Number 2008-16; or
2. Do not authorize the City Manager to execute Program Supplemental Agreement
009-N to Agency -State Agreement Number 08-5433R for CMAQ funding
toward the Highway 111 Traffic Signal Equipment Replacement and
Interconnect Project, Project Number 2008-16; or
3. Provide staff with alternative direction.
Respectfully submitted,
T othy na so , P.E.
Public Wo s Dir or/City Engineer
064
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Program Supplemental Agreement 009-N
C'65
ATTACHMENT
PROGRAM SUP,=MENT NO. N009
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 08-5433R
Date: September 2S. 2009
Location: OS-RIP'-0-LQNT
Project Number: CNIL-�433(o0Q
E.A. Number:0i-925135
This Program Supplement hereby incorporates the Administering Agenc}-State Agreement fm FecicraI Air[ which wits entered into
between the Administering Agency and the State on 12'I8/06 and is subject to all the teens and conditions thereof. This Program
Suppicm.cnt is executed in accordance with Article I of the aforementioned Piaster Agreement under autlwrity of Resolution No.
. approved by the Administering Agency on (Sec copy at,tachap.
The Achninistering Agencv further stipulates that as a coacimon to the payment by State of any funds derived from sources noted
below obligated to this project. the .Administering Agency accepts anti will comply with the Special covenants or Remarks setfonh
on the following paces.
PROJECT LOCATION:
Former State Route 11 I from \Vashington Street to Jefferson Street
TYPE OF WORK: Replace signal cont-olle:s
LENGTH: 1.8(MILES)
Estimated Cost
Federal Funds
Matching Funds
S215,000.00
L400 S177!000.00
LOCAL
S38,000.00
S0.00
OTHER
So.fo
CITY OF LA QUINTA
By
Date
Attest
Title
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal
knowledge that
budgeted funds are available for this encumbrance:
Accounting Officer
Date _,C
]
S17zoo0.00
Chapter
Statutes
Item %�'
Year
Program
BC
Category
Fund Source
AMOUNT
268 2008 2660-102-890
2008-2009
20.30.010.820
C 262040
892-F
177.000.00
p6b
Program Supplement 08-5433R-NO09- ISTEA Page 1 orL j
08-RIV-0-LQNT
CML-5433(009) //L
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
2. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer within 60 days after the project contract award. A copy of the
award package shall also be included with the submittal of the ADMINISTERING
AGENCY's first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274-0001
Failure to do so will cause a delay in the State processing invoices for the construction
phase. Please refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
3. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s).
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every
six months commencing after the funds are encumbered for each phase by the execution
of this Project Program Supplement Agreement, or by STATE's approval of an applicable
Finance Letter. STATE reserves the right to suspend future authorizations/obligations,
and invoice payments for any on -going or future federal -aid project by ADMINISTERING
AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a
six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT
activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual,
5. The Administering Agency shall not discriminate on the basis of race, religion, age,
C67
Program Supplement 08-5433R-N009- ISTEA Page 2 of 3
08-RIV-0-LQNT -
CML-5433(009)
SPECIAL COVENANTS OR REMARKS /
disability, color, national origin, or sex in the award and performance of any Federal -
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement,
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
6. As a condition for receiving federal -aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Excluded Parties List System
(EPLS).
7. This project must be in conformity with the National ITS Architecture, adhere to ITS
Standards and undergo Systems Engineering.
8. Any State and Federal funds that may have been encumbered for this project are only
available for disbursement for a period of five (5) years and seven (7) years, respectively,
from the start of the fiscal year(s) that those funds were appropriated within the State
Budget Act. All project funds not liquidated within these periods will revert unless an
executed Cooperative Work Agreement extending these dates is requested and is
approved by the California Department of Finance per Government Code Section 16304.
The exact date of each fund reversion will be reflected in the approved finance letter(s)
issued for this project.
Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement that is not
submitted to the Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's encumbered funds because all of
these unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on that date.
Pursuant to a directive from the State Controller's Office and the Department of Finance,
the last date to submit invoices for reimbursed work in each fiscal year is May 15th in
order for payment to be made out of those then current appropriations. Project work
performed and invoiced after May 15th will be reimbursed only out of available funding
that might be encumbered in the subsequent fiscal year, and then only when those funds
are actually allocated and encumbered as authorized by the California Transportation
Commission and the Department's Accounting Office.
068
Program Supplement 08-5433R-N009- ISTEA Page 3 of 3
Tw(f 4 4 46(mraj
COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Adoption of a Resolution to Extend the
Time for Completion of the Off -Site Improvements for
Tract Map No. 32879, Griffin Ranch, McComic-Griffin,
LLC and Griffin Ranch, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
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 September 16,
2010 for Tract Map No. 32879, Griffin Ranch, McComic-Griffin, LLC and Griffin
Ranch, LLC.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Griffin Ranch (Tract Map No. 32879) is located south of Avenue 54, north of Airport
Boulevard, east of Madison Street, and west of Monroe Street (Attachment 1).
On January 16, 2006, the City and McComic-Griffin, LLC and Griffin Ranch, LLC
entered into an SIA for Griffin Ranch. Section 6 of the SIA requires: "that the
subdivision improvements shall be complete within twelve months after the approval
of the SIA. Failure by Subdivider to begin or complete construction of the
C 69
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 April 3, 2007, the City Council adopted a resolution granting a time extension for
the completion of the off -site improvements as specified in the approved SIA to
September 16, 2008.
On December 2, 2008, the City Council adopted a resolution granting a second time
extension for the completion of the off -site improvements as specified in the approved
SIA to September 16, 2009.
In a letter dated October 15, 2009 (Attachment 2), the developer states that the
project continues to be in a holding pattern due to the severe downturn in the
economy. The remaining off -site improvements include the perimeter landscaping by
the Avenue 54 entrance area, which is currently used as a construction entrance.
The developer requests a time extension to September 16, 2010 for completion of the
off -site improvements. Staff has prepared the attached resolution which provides for
approval of the third time extension of the SIA.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council to extend the time for completion of the
off -site improvements as specified in the approved SIA to September 16, 2010
for Tract Map No. 32879, Griffin Ranch; or
2. Do not adopt a Resolution of the City Council to extend the time for completion
of the off -site improvements time as specified in the approved SIA to
September 16, 2010 for Tract Map No. 32879, Griffin Ranch; or
3. Provide staff with alternative direction.
». 070
Respectfully submitted,
Ti othy ona n, P.E.
ublic Wor s Dir or/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Letter from Trans West Housing dated October 15, 2009
.... 071
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 SEPTEMBER 16, 2010 FOR TRACT MAP NO.
32879, GRIFFIN RANCH.
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map No. 32879, Griffin Ranch, on January 16, 2006;
and
WHEREAS, Section 6. Completion of Improvements, of the approved SIA
requires that the Subdivider begin construction of the improvements within ninety
days and complete the construction within twelve months after the approval of the
Agreement; and
WHEREAS, failure by the Subdivider to complete construction of the
improvements by September 16, 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 September 16, 2010.
Section 2. The time extension for completing the improvements shall expire
when City offices close for regular business on September 16, 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.
2
Resolution No. 2009-
Tract Map No. 32879, Griffin Ranch
Adopted: November 3, 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 3rd day of November 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
073
TM 32879 GRIFFIN RANCH
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CITY COUNCIL MEETING: November 3, 2009
0
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ITEM TITLE: Adoption of a Resolution to Extend the Time for
Completion of the Off -Site Improvements for Tract Map No.
32879, Griffin Ranch, McComic-Griffin, LLC and Griffin Ranch,
LLC
APPLICANT: Mr. Chris McComic, Trans West Housing
��.. 074
ATTACHMENT 2
TRANS
October 15, 2009
WEST HOUSING
7 Quate Court, Suite A
Poway, CA 92064
Mr. Timothy Jonasson
Public Works Director/City Engineer
City of La Quints,
78-495 Calle Tampico
La Quinta, CA. 92253
RE: Tract 32879, Griffin Ranch
Dear Mr. Jonasson:
RECEIVED
OCT 19 2003
I am in receipt of your letter regarding the Subdivision Improvement Agreement for the
above referenced tract.
At this time I would request a one year extension to complete the improvements in the
agreement. We currently have all street improvements on the exterior of the project
complete and we have one additional entrance gate at 54a' Avenue and some landscaping
at the gate to complete. The interior of the project has two thirds of the infrastructure
complete. Due to the severe downturn in the economy we have been in a holding pattern
waiting for the real estate market to improve.
The work on the exterior and interior could be completed within a 4 to 6 month time
period. It would appear that the economy is improving although slowly and we hope to
be able to resume building within the time frame requested.
Thank you for considering my request and I will await your decision.
Sincerely,
TRANS WE HOUSING, INC.
�s cComi
C.75
T4hf 4 4 QUIAM
COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Adoption of a Resolution to Extend the
Time for Completion of the On -Site Improvements for
Tract Map No. 32879, Griffin Ranch, McComic-Griffin,
LLC and Griffin Ranch, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution to extend the time for completion of the on -site improvements as
specified in the approved Subdivision Improvement Agreement (SIA) to September 16,
2010 for Tract Map No. 32879, Griffin Ranch, McComic-Griffin, LLC and Griffin
Ranch,LLC.
FISCAL IMPLICATIONS:
None
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Griffin Ranch (Tract Map No. 32879) is located south of Avenue 54, north of Airport
Boulevard, east of Madison Street, and west of Monroe Street (Attachment 1).
On January 16, 2006, the City and McComic-Griffin, LLC and Griffin Ranch, LLC
entered into an SIA for Griffin Ranch. Section 6 of the SIA requires: 'that the
subdivision improvements shall be complete within twelve months after the approval
of the SIA. Failure by Subdivider to begin or complete construction of the
076
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 April 3, 2007, the City Council adopted a resolution granting a time extension for
the completion of the on -site improvements as specified in the approved SIA to
September 16, 2008.
On December 2, 2008, the City Council adopted a resolution granting a second time
extension for the completion of the on -site improvements as specified in the approved
SIA to September 16, 2009.
In a letter dated October 15, 2009 (Attachment 2), the developer states that the
project continues to be in a holding pattern due to the severe downturn in the
economy. The remaining on -site improvements include the installation of the entrance
gate on Avenue 54 and the completion of the grading, paving, storm drain, sewer,
water, and landscaping improvements in the easterly half of the property. The
developer requests a time extension to September 16, 2010 for completion of the on -
site improvements. Staff has prepared the attached resolution which provides for
approval of the third time extension of the SIA.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council to extend the time for completion of the
on -site improvements as specified in the approved SIA to September 16, 2010
for Tract Map No. 32879, Griffin Ranch; or
2. Do not adopt a Resolution of the City Council to extend the time for completion
of the on -site improvements time as specified in the approved SIA to September
16, 2010 for Tract Map No. 32879, Griffin Ranch; or
3. Provide staff with alternative direction.
.....i 077
Respectfully submitted,
6mothy on s on, P.E.
Public Wo s Di ctor/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Letter from Trans West Housing dated October 15, 2009
.....r� 078
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
ON -SITE IMPROVEMENTS AS SPECIFIED IN THE
APPROVED SUBDIVISION IMPROVEMENT AGREEMENT
TO SEPTEMBER 16, 2010 FOR TRACT MAP NO.
32879, GRIFFIN RANCH.
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map No. 32879, Griffin Ranch, on January 16, 2006;
and
WHEREAS, Section 6. Completion of Improvements, of the approved SIA
requires that the Subdivider begin construction of the improvements within ninety
days and complete the construction within twelve months after the approval of the
Agreement; and
WHEREAS, failure by the Subdivider to complete construction of the
improvements by September 16, 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 on -site improvements as
required by the approved SIA is extended to September 16, 2010.
Section 2. The time extension for completing the improvements shall expire
when City offices close for regular business on September 16, 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.
079
Resolution No. 2009-
Tract Map No. 32879, Griffin Ranch
Adopted: November 3, 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 3rd day of November 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
080
TM 32879 GRIFFIN RANCH
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CITY COUNCIL MEETING: November 3, 2009
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ITEM TITLE: Adoption of a Resolution to Extend the Time for
Completion of the On -Site Improvements for Tract Map No.
32879, Griffin Ranch, McComic-Griffin, LLC and Griffin Ranch,
LLC
APPLICANT: Mr. Chris McComic, Trans West Housing
21 0 81
ATTACHMENT 2
TRANS
October 15, 2009
NEST HOUSING
13117 Quate Court, Suite A
Poway, CA 92064
Mr. Timothy Jonasson
Public Works Director/City Engineer
City of La Quints,
78495 Calle Tampico
La Quinta, CA. 92253
RE: Tract 32879, Griffin Ranch
Dear Mr. Jonasson:
RECE1vED
OCT 19 2009
I am in receipt of your letter regarding the Subdivision Improvement Agreement for the
above referenced tract.
At this time I would request a one year extension to complete the improvements in the
agreement. We currently have all street improvements on the exterior of the project
complete and we have one additional entrance gate at 50 Avenue and some landscaping
at the gate to complete. The interior of the project has two thirds of the infrastructure
complete. Due to the severe downturn in the economy we have been in a holding pattern
waiting for the real estate market to improve.
The work on the exterior and interior could be completed within a 4 to 6 month time
period. It would appear that the economy is improving although slowly and we hope to
be able to resume building within the time frame requested.
Thank you for considering my request and I will await your decision.
Sincerely,
T
NS WE HOUSING, INC.
J cComii
COUNCIL/RDA MEETING DATE
ce;,y 4 .ffvQw.r.,
November 3, 2009
ITEM TITLE: Approval of an Advance from the
General Fund to the SilverRock Golf Enterprise Fund
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: q
STUDY SESSION:
LIIL'3A [�l:I �llt1l►[1'A
Approve an advance not to exceed $756,400 from the General Fund to the
SilverRock Golf Enterprise Fund to cover the purchase of golf course equipment for
Fiscal Year 2009-2010.
FISCAL IMPLICATIONS:
The outstanding advances will be charged to the Local Agency Investment Fund
(LAIF) earnings rate on a quarterly basis.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On October 20, 2009, the City Council approved the purchase of equipment in the
amount of $756,400. The fiscal impact section of that staff report stated the need
for such an advance which is being requested at this time.
It is anticipated that this advances will be repaid from future income from
SilverRock activities such as Transient Occupancy Tax, sales tax and golf course
net income generated on the site in future years.
,. t 83
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the advance from the General Fund to the SilverRock Golf
Enterprise Fund not to exceed $756,400; or
2. Do not approve the advance from the General Fund to the SilverRock Golf
Enterprises Fund; or
3. Provide staff with alternative direction.
Respectfully submitted:
John M. Falconer, Finance Director
Approved for Submission by:
Thomas P. Genovese, City Manager
084
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COUNCIL/RDA MEETING DATE: October 6, 2009
ITEM TITLE: Approval of the Transfer of Ten Parcels
of Land from the La Quinta Redevelopment Agency
to the City of La .Quinta and Authorize the City
Manager to Execute the Certificate of Acceptance
(APNs 604-040-057, 604-470-001, 770-184-001,
773-101-001, 002, 769-083-007, 008, 009), Lots
E, F, G, H, and I of Parcel Map 31116, and Lot D of
Parcel Map 33588)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: b
STUDY SESSION:
PUBLIC HEARING:
Approve the transfer of ten properties from the Redevelopment Agency to the City and
authorize the City Attorney to prepare and the City Manger to execute the Certificates
of Acceptance.
FISCAL IMPLICATIONS:
None at this time. All operation and maintenance costs are currently in the City
Budget.
CHARTER CITY IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
Staff has been in the process of cataloging Agency and City property. In reviewing the
Agency -owned properties, staff determined that a number of parcels should be
transferred to the City for on -going operation, maintenance purposes, and future
disposition. Attachment 1 is a map identifying the location of the parcels.
These properties are described as follows: the Pioneer Park within the Centre Pointe
project (APN 604-040-057) (Map #1); the La Quinta Community Park (APN 604-470-
001) (Map #2) on Westward Ho Drive and Adams Street; that portion of Fritz Burns
Park (770-184-001) (Map #3) acquired in the Avenue 52 realignment; and the La
Quinta Museum (APN 773-101-001, 002) (Map #4). These parcels should be
transferred to the City for operation and maintenance.
085
Two landscaped lots, Lots E, F, G, H, and I of Parcel Map 31116-Centre Pointe (Map
#5), and Lot D of Parcel Map 33588-Stamko Development Co. (Map #6), were not
transferred to the City by the County when the Parcel Maps were recorded. The maps
stipulated the lots were to be deeded to the City; in speaking with the County
Recorders Office, it was an oversight during the map recording. Staff is therefore
requesting authorization to make the transfer for on -going maintenance purposes.
In addition, there are three lots (APNs 769-083-007, 008, 009) (Map #7-9) that are
part of the Senior Center and Library complex that should be included in this transfer
for future disposition of the land.
Funding sources for the original purchase of the above properties are as follows: 1)
the La Quinta Community Park and Pioneer Park were purchased with Capital Project
Fund -Project Area No. 2 non -housing funds and 1995 Low -Mod Income Housing Bond
Proceeds respectively; 2) the addition to Fritz Burns Park was purchased with Capital
Project Fund -Project Area No. 1 Non -Housing Tax Increment Funds; 3) the Museum
was purchased with Project Area No. 1 Non -Housing Tax Increment Funds; and 4) the
three lots on Main Street/Avenida La Fonda were purchased with Capital Project Fund -
Project Area No. 1 Non -Housing Funds
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve the transfer of ten properties from the Redevelopment Agency to the
City and authorize the City Attorney to prepare and the City Manger to execute
the Certificate of Acceptance; or
2. Do not approve the transfer; or
3. Provide staff with alternative direction.
Respect submitt
W
Douglas . Evans
Assistant City Manager — Development Services
Approved for submissjon by:
Thomas P. Genovese, City Manager
Attachment: 1. Vicinity Map
086
City of La Quinta w
Redevelopment Agency -owned Properties (as of April, 200.9j' 087 y
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La(�wntar
s� OFTHF. AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: November 3, 2009 BUSINESS SESSION:
ITEM TITLE: Approval to Award a Contract to Steiny CONSENT CALENDAR:
and Company, Inc. to Construct a New Traffic Signal STUDY SESSION:
at Desert Club Drive and Avenue 52, Project Number
2008-02 PUBLIC HEARING:
RECOMMENDATION
Award a contract to Steiny and Company, Inc., in the amount of $123,668, to
construct the new traffic signal at Desert Club Drive and Avenue 52 (Attachment
1), Project Number 2008-02 and authorize the City Manager to execute the same.
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources:
County Fire Credit Fund
Total Funding Available:
$430,000
$430,000
Based on the low bid received from Steiny and Company, Inc. in the amount of
$123,668, the following is the estimated project budget to complete the project:
Professional
$10,750
Design:
$43,000
Inspection/Testing/Survey:
$33,325
Construction (Signal Contractor):
$123,668
Construction (Equipment Purchase):
$100,987
Administration:
$21,500
Contingency:
$96,770
Total:
$430,000
088
As illustrated, adequate funding is available to support staff's recommendation.
CHARTER CITY IMPLICATIONS:
The project is funded with County Fire Credit Funds. As such, the project was bid
as a prevailing wage improvement.
BACKGROUND AND OVERVIEW:
The proposed improvement will add a new traffic signal at the intersection of
Desert Club Drive and Avenue 52 at the entrance to the new fire station and
corporation yard.
On April 15, 2008, the City Council adopted Resolution 2008-023 approving the
Fiscal Year 2008-2009 through 2012-2013 Capital Improvement Program (CIP).
The new traffic signal at Desert Club and Avenue 52 is included within the adopted
CIP and scheduled for funding during Fiscal Years 2008-2009.
On September 16, 2008, the City Council authorized staff to distribute a Request
for Proposal (RFP) to obtain professional engineering services to prepare the plans,
specifications and engineer's estimate (PS&E) for the new traffic signal at Desert
Club Drive and Avenue 52, Project Number 2008-02.
On December 2, 2008, the City Council approved a Professional Services
Agreement (PSA), in the amount of $18,000, with Willdan Engineering to prepare
the PS&E for the new traffic signal at Desert Club Drive and Avenue 52, Project
Number 2008-02.
On August 4, 2009, the City Council approved the PS&E and authorized staff to
advertise for bid the New Traffic Signal at Desert Club Drive and Avenue 52,
Project Number 2008-02.
On September 15, 2009, the City Council authorized staff to procure the traffic
signal equipment and poles for the new traffic signal at Avenue 52 and Desert Club
Drive, Project Number 2008-02.
On October 20, 2009, five (5) sealed bids were received for the construction of
this project. A detailed bid comparison summary is provided for the City Council's
review (Attachment 2). The basis of award is the lowest combined price of the
base bid area. Staff therefore recommends the project be awarded to the lowest
bidder, Steiny and Company, Inc., in the amount of $123,668.
... 089
Contingent upon City Council authorization to award a construction contract on
November 3, 2009, the following is the project schedule:
City Council Awards Contract
Sign Contracts and Mobilize
Construction
Project Closeout
FINDINGS AND ALTERNATIVES:
November 3, 2009
November 4 - 20, 2009
November 2009 - January 2010
February 2010
The alternatives available to the City Council include:
1. Award a contract to Steiny and Company, Inc., in the amount of $123,668,
to construct the new traffic signal at Avenue 52 and Desert Club Drive,
Project Number 2008-02 and authorize the City Manager to execute the
same: or
2. Do not award a contract to Steiny and Company, Inc., in the amount of
$123,668, to construct the new traffic signal at Avenue 52 and Desert Club
Drive, Project Number 2008-02; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy onas P.E.
ublic Wor s Dire r/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Bid Comparison Summary
,._ ^ 090
ATTACHMENT 1
PROPOSED TRAFFIC SIGNAL
PROJECT NUMBER 2008-02
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ATTACHMENT 2
CITY OF LA DUINTA
TRAFFIC SIGNAL IMPROVEMENTS AT AVENUE 52 AND DESERT CLUB DRIVE
PROJECT 200842
BID COMPARISON SUMMARY
ENGINEER'S ES"FINIATE
Steiny and Company, Inc.
DBX, Inc.
ITEM
NO,
DESCRIPTION
QTy
UNT
T
UNIT
PRICE
EXTENDED
PRICE
UNIT
PRICE
EXTENDED
PRICE
UNIT
PRICE
EXTENDED
I PRICE
BASE BID AREA 1
1
Mobilization
I
LS
S10,000.00
$10,000,00
5500.00j
$500.00
$1,500.001
S1,500.0
2
3
Traffic Control
ust ontro
I
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LS
LS
$10,000.00
$10000.00
$10,000.00
510000.0
$I,000.00
$500.00
$I,000.0
5500.0
$5,500.00
$500.00
55,500.0
$500A Cc
4
Simin., Striping and Markers com fete perplan
I
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$9.350.00
$9,350.0
$8,480.00
$8,480.0
58,231,00
58,231.0
5
Install Ttaffic Sig al at Avenue 52 and Desert Club
Drive, complete per plan.
I
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$175,570.00
$175,570.0
$113,188.00
$113,188.00
$112,748.00
$112,749.0
TOTAL BASE BID ITEMS 1-5:
$214920.00
$123,668.0
S12%,479.00
PTM General Engineering
Sierra Pacific Electrical
UNIT
PRICE
EXTENDED
PRICE
UNIT
PRICE
I EXTENDED
PRICE
S3,000.00
$3,000.00
$8,620.00
$8,620.00
71,000.00
S1,000.00
S9,240.00
S9,240.00
$500.00
$500.0
$4,540.00
$4.540.0
$6,600.00
$6,600.00
$6,580.00
$6,580,0
$120,930.00
$120,930.00
$104,446.00
$104,446.0
S132.030.001
$133,426.0
Christopher R. Morales,
UNIT
PRICE
EXTENDED
PRICE
$2,500.00
$2,500.0
$1,000.00
$1,000.0
$500.00
$500.0
$6,000.00
$6,000.0
$139,978.00
$139,978,00
$149,978.0
1...:' 092
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COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Approval to Award a Contract to
Construct the Phase 1 Village Enhanced Pedestrian
Crossing and Traffic Calming Devices, Project
Number 2008-04 and Appropriation of Funds if
Applicable
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: �C/
STUDY SESSION:
PUBLIC HEARING:
Award a Contract to the lowest responsive bidder, in the amount to be determined
to construct the Phase 1 Village Enhanced Pedestrian Crossings and Traffic
Calming Devices, Project Number 2008-04 (Attachment 1).
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources:
3I97Yel1R� ORS
State Gas Tax Funds
Total Funding Available:
$308,832
$594,393
$903,225
Bids for this project were received on October 30, 2009 and were therefore not
available in time for this report. A supplemental memorandum will be distributed
prior to the Council meeting identifying the lowest responsible bidder and the
amount of the contract. Based on the engineer's estimate, the following is the
estimated project budget:
Design: $55,130
Professional: $8,620
Inspection/Testing/Survey: $42,023
Construction: $658,518
093
Administration: $21,550
Contingency: $1 17,384
Total: $903,225
A revised budget will be prepared once the lowest responsive bidder is determined
and will be included in the supplemental memorandum. As illustrated, adequate
funding is available to construct the Phase 1 improvements as long as the lowest
bid is at or below the engineers estimate. If the lowest bid is higher than the
estimate stated above, staff will include an appropriation recommendation in the
supplemental memorandum.
RTER CITY IMPLICATIONS:
The project is partially funded with Community Development Block Grant (CDBG)
and State Gas Tax funds. As such, the project was bid as a prevailing wage
improvement.
BACKGROUND AND OVERVIEW:
The purpose of the project is to install aesthetically pleasing pedestrian crossings
and to calm traffic within the City's Village area near "Old Town". Specifically,
improvements will be made to Avenida Bermudas, between Calle Tampico and
Avenue 52, and to Desert Club Drive, between Calle Tampico and Avenue 52.
Improvements to Avenida Bermudas include installing decorative pavers within the
crosswalks at the Calle Tampico intersection, dry wells, an enhanced pedestrian
crossing with speed tables, adjacent to the post office, and three speed humps
between the new enhanced pedestrian crossing at the post office and Avenue 52.
Improvements to Desert Club Drive include installing decorative pavers within the
crosswalks at the Calle Tampico intersection, dry wells, an enhanced pedestrian
crossing with speed tables, immediately south of Calle Tampico, four speed humps
between Calle Tampico and Avenue 52, and striped parking lanes between Calle
Tampico and Avenue 52.
The Phase 1 improvements include installing speed humps on Desert Club Drive
and on Avenida Bermudas, which are being constructed in support of the golf cart
master plan which requires that speeds be lowered to 25 MPH or less for golf cart
use. The second phase of the project which includes the decorative pavers, dry
wells, and enhanced pedestrian crossings with speed tables will be advertised and
094
constructed after May 1, 2010 in order to avoid disruptions to retailers in the
Village.
On April 15, 2008, the City Council adopted Resolution 2008-023 approving the
Fiscal Year 2008-2009 through 2012-2013 Capital Improvement Program (CIP).
The Village Enhanced Pedestrian Crossings are included within the adopted CIP and
scheduled for funding during Fiscal Years 2008-2009.
On November 18, 2008, the City Council conducted a public hearing and adopted
Resolution 2008-073 allocating the use of Community Development Block Grant
(CDBG) funds. The public facility improvements included within the Village
Enhanced Pedestrian Crossings and Traffic Calming Devices project were included
in this action and allocated an additional $160,000.
On August 4, 2009, the City Council approved the PS&E and authorized staff to
advertise for bid the Village Enhanced Pedestrian Crossings and Traffic Calming
Devices, Project Number 2008-04. The project scope was subsequently revised
into two phases in order to expedite construction of the speed humps this fall prior
to the start of the holiday season. The remaining improvements will be advertised
and constructed in the spring and summer of 2010.
On October 30, 2009, bids were received for the construction of this project. A
detailed bid comparison summary will be provided along with an award
recommendation for the City Council's review prior to the City Council meeting.
Contingent, upon City Council's authorization to award a construction contract on
November 3, 2009, the following is the anticipated project schedule:
City Council Awards Contract
Sign Contracts and Mobilize (10 Working
Days)
Construction (15 Working Days)
Supplemental Speed Survey
Project Close-out
Approval of Supplemental Speed Survey
November 3, 2009
November 4 - 17, 2009
November 18 — December 10, 2009
December 14 — December 18, 2009
January 1, 2010
January 5, 2010
It should be noted that this schedule assumes that the supplemental speed study
determines that average speeds have been reduced to 25 MPH or less on Desert
Club Drive and Avenida Bermudas. If this is not the case additional traffic calming
improvements may be necessary.
095
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . To be provided in the Supplemental Memorandum prior to the City Council
meeting.
Respectfully submitted,
Ti othy R. J sso , E.
Public Works Direct /City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Vicinity Map
096
ATTACHMENT
VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES
PROJECT NUMBER 2008-04
VICINITY MAP
097
C-/®
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F
y OF TF1F
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Veronica J. Montecino, CMC, City Cler
DATE: November 2, 2009
SUBJECT: Supplemental Information
The supplemental report for Consent Calendar Item No. 10, award of
contract for Phase 1 Village Enhanced Pedestrian Crossings and Traffic
Calming Devices, has been completed and is attached for the City Council's
consideration.
Thank you.
098
a •�
O� 4 4 QuiKrcv
s
OE'[K4'O
COUNCILIRDA MEETING DATE: November 3, 2009
ITEM TITLE: Approval
Construct the Phase 1
Crossing and Traffic
Number 2008-04 and
Applicable
RECOMMENDATION:
to Award a Contract to
Village Enhanced Pedestrian
Calming Devices, Project
Appropriation of Funds if
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: /� uol)lemental
STUDY SESSION:
PUBLIC HEARING:
Award a contract to Contreras Construction Co., in the amount of $47,014, to
construct the Phase I Village Enhanced Pedestrian Crossings and Traffic Calming
Devices, Project Number 2008-04 (Attachment 1).
FISCAL IMPLICATIONS:
The following is the project's approved funding and funding sources:
CDBG Funds
State Gas Tax Funds
Total Funding Available:
$308,832
$594,393
$903,225
Based on the low bid received from Contreras Construction Co., in the amount of
$47,014, the following is the estimated project budget:
Design:
$55,130
Professional:
$8,620
Inspection/Testing/Survey:
$42,023
Phase I Construction:
$47,014
Phase II Construction:
$611,504
Administration:
$21,550
Contingency:
$1 17,384
Total:
$903,225
099
As illustrated, adequate funding is available to construct the Phase 1
improvements. The balance of the construction budget, in the amount of
$611,504, will be used to construct the second phase of the project.
CHARTER CITY IMPLICATIONS:
The project is partially funded with Community Development Block Grant (CDBG)
and State Gas Tax funds. As such, the project was bid as a prevailing wage
improvement.
BACKGROUND AND OVERVIEW:
The purpose of the project is to install aesthetically pleasing pedestrian crossings
and to calm traffic within the City's Village area near "Old Town". Specifically,
improvements will be made to Avenida Bermudas, between Calle Tampico and
Avenue 52, and to Desert Club Drive, between Calle Tampico and Avenue 52.
Improvements to Avenida Bermudas include installing decorative pavers within the
crosswalks at the Calle Tampico intersection, dry wells, an enhanced pedestrian
crossing with speed tables, adjacent to the post office, and three speed humps
between the new enhanced pedestrian crossing at the post office and Avenue 52.
Improvements to Desert Club Drive include installing decorative pavers within the
crosswalks at the Calle Tampico intersection, dry wells, an enhanced pedestrian
crossing with speed tables, immediately south of Calle Tampico, four speed humps
between Calle Tampico and Avenue 52, and striped parking lanes between Calle
Tampico and Avenue 52.
The Phase 1 improvements include installing speed humps on Desert Club Drive
and on Avenida Bermudas, which are being constructed in support of the golf cart
master plan which requires that speeds be lowered to 25 MPH or less for golf cart
use. The second phase of the project which includes the decorative pavers, dry
wells, and enhanced pedestrian crossings with speed tables will be advertised and
constructed after May 1, 2010 in order to avoid disruptions to retailers in the
Village.
On April 15, 2008, the City Council adopted Resolution 2008-023 approving the
Fiscal Year 2008-2009 through 2012-2013 Capital Improvement Program (CIP).
The Village Enhanced Pedestrian Crossings are included within the adopted CIP and
scheduled for funding during Fiscal Years 2008-2009.
On November 18, 2008, the City Council conducted a public hearing and adopted
Resolution 2008-073 allocating the use of Community Development Block Grant
100
(CDBG) funds. The public facility improvements included within the Village
Enhanced Pedestrian Crossings and Traffic Calming Devices project were included
in this action and allocated an additional $160,000.
On August 4, 2009, the City Council approved the PS&E and authorized staff to
advertise for bid the Village Enhanced Pedestrian Crossings and Traffic Calming
Devices, Project Number 2008-04. The project scope was subsequently revised
into two phases in order to expedite construction of the speed humps this fall prior
to the start of the holiday season. The remaining improvements will be advertised
and constructed in the spring and summer of 2010.
On October 30, 2009, two (2) sealed bids were received for the construction of
this project. A detailed bid comparison summary is provided for the City Council's
review (Attachment 2). The basis of award is the lowest combined price of the
base bid area. Staff therefore recommends the project be awarded to the lowest
bidder, Contreras Construction Co., in the amount of $47,014.
Contingent upon City Council's authorization to award a construction contract on
November 3, 2009, the following is the anticipated project schedule:
City Council Awards Contract
Sign Contracts and Mobilize (10 Working
Days)
Construction 0 5 Working Days)
Supplemental Speed Survey
Project Close-out
Approval of Supplemental Speed Survey
November 3, 2009
November 4 - 17, 2009
November 18 — December 10, 2009
December 14 — December 18, 2009
January 1, 2010
January 5, 2010
It should be noted that this schedule assumes that the supplemental speed study
determines that average speeds have been reduced to 25 MPH or less on Desert
Club Drive and Avenida Bermudas. If this is not the case additional traffic calming
improvements may be necessary.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Award a contract to Contreras Construction Co., in the amount of $47,014,
to construct the Phase I Village Enhanced Pedestrian Crossings and Traffic
Calming Devices, Project Number 2008-04; or
2. Do not award a contract to Contreras Construction Co., in the amount of
$47,014, to construct the Phase I Village Enhanced Pedestrian Crossings and
Traffic Calming Devices, Project Number 2008-04; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timo by R. Jonasson, .E.
Public Works Director/City Engineer
Approved for submission by:
��vf/YYL.GO�
Thomas P. Genovese, City Manager
Attachment: 1. Vicinity Map
2. Bid Comparison Summary
•,.- 102
Attachment 1
VILLAGE ENHANCED PEDESTRIAN CROSSINGS AND TRAFFIC CALMING DEVICES
PROJECT NUMBER 2008-04
VICINITY MAP
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COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Approval of a Contract Extension with The
Planning Center for Preparation of the La Quinta Housing
Element Update
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Complete the La Quinta Housing Element Update and authorize the City Manager to
sign a contract extension to April 30, 2010, with The Planning Center.
FISCAL IMPLICATIONS:
The current contract has a not -to -exceed amount of $86,250 for completion of the
Housing Element Update. The contract services agreement will be amended to include
a change order of $8,000, bringing the total contract budget to $94,250. The 2009-
2010 Budget includes sufficient contract services funding (101-6002-463.32-10) to
cover this additional expense.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On June 19, 2007, the City Council approved authorization for the City Manager to
negotiate a contract with The Planning Center, to prepare the 2008 Housing Element
(Attachment 1). The contract was originally negotiated for the term of July 18, 2007
to August 31, 2008, with a three-month extension allowance. That extension was
exercised by the Contract Officer (i.e. Planning Director), extending the contract end
date to November 30, 2008. On November 18, 2008, staff requested an additional
contract extension, which was granted by City Council. Based on that extension, the
current contract ends November 30, 2009. Staff requests a third contract extension
to April 30, 2010, to facilitate additional work necessary to complete the Housing
Element update.
105
Pursuant to Section 1.6 of the original contract, staff is also requesting that a change
order of $8,000 be authorized, as additional responses to address Housing and
Community Development (HCD) review comments are necessary. The original scope
of work stated that "If additional HCD review beyond the two formal 60-day reviews is
required, or if the Consultant must respond directly to comments from legal advocates,
a change order to the budget will be required prior to making these additional
responses. Section 1.6 of the contract requires City Council authorization for any
additional compensation exceeding 5% of the total contract.
HCD provided staff with review comments on June 30 and October 12, 2009. The
October 12 comments from HCD still question whether the City has shown realistic
and adequate capacity to accommodate its Regional Housing Needs Allocation (RHNA)
allocations, and while staff and the Planning Center feel that this has been
demonstrated, HCD continues to focus on several items which staff felt were
substantially addressed under the first response to HCD. Staff is confident that more
direct discussion with HCD will resolve their concerns with the City's approach.
Given the State's continued dissatisfaction with the current land inventory, the change
order is intended to budget for enough hours to perform revisions throughout the
document, in case the State asks for significant changes. Conversely, the third round
may be as simple as one or two additional conversations with the State, and just small
changes to the document is all that will be necessary. In that event, costs will be less
than the requested change order, and it is noted that this request is not on a fixed -cost
basis, so that only actual time spent on the project will be billed.
In order to complete the contract, staff requests a contract extension of six (6)
months, to April 30, 2010, to the existing contract. Attachment 2 is a scope of
services for the change order, in the amount of $8,000.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Authorize the City Manager to sign a contract extension to April 30, 2010, and
change order for $8,000, with The Planning Center, to complete the 2008 La
Quinta Housing Element Update; or
2. Do not authorize the City Manager to sign a contract extension to April 30,
2010, and change order for $8,000, with The Planning Center, to complete the
2008 La Quinta Housing Element Update; or
3. Provide staff with alternative direction.
,....' 106
Respectfully s
JoF>fa'sot , Planning Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . Professional Services Agreement -
2008 Housing Element Update
2. Service Authorization Request
�n... 107
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 THE PLANNING CENTER ("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 preparation of the
City's 2008 Housing Element Update 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.
108
The Planning Center
2008 Housing Element Update
July 17, 2007
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 Eighty-six Thousand, Two Hundred
Fifty Dollars ($86,250) (the "Contract Sum"), except as provided in Section 1.6.
The method of compensation set forth in the Schedule of Compensation may
h....` 109
The Planning Center
2008 Housing Element Update
July 17, 2007
Include a lump sum payment.upon completion, payment in accordance with.the
percentage of completion of the services, payment for time and materials based
upon Consultant's rate schedule, but not exceeding the Contract Sum, or such
other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and . necessary expenditures
for reproduction costs, transportation expense, telephone expense, and similar
costs and expenses when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant, wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of . hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay.
Consultant for all expenses stated thereon which are approved by City pursuant to.
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
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
-,... ` 110
The Planning Center
2008 Housing Element Update
l July 17, 2007
J the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. The term of this agreement shall commence on July 18, 2007,
and terminate on August 31, 2008 (initial term). This agreement may be extended
for three (3) additional Months 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 t
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not. be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Les Johnson, Planning
Director, or such other person as may be designated by the City Manager of City.
It shall be Consultant's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and Consultant shall
refer any decisions, which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
111
The Planning Center
2008 Housing Element Update
July 17, 2007
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or -employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance, Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at its
cost, and submit concurrently with its execution of this Agreement, personal and
public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's acts or omissions rising
out of or related to Consultant's performance under this Agreement. The insurance
policy shall contain a severability of interest clause providing that the coverage
shall be primary for losses arising out of Consultant's performance hereunder and
neither City nor its insurers shall be required to contribute to any such loss. A
certificate evidencing the foregoing and naming City and its officers and employees
as additional insured shall be delivered to and approved by City prior to
commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
112
The Planning Center
2008 Housing Element Update
July 17, 2007
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per
occurance
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any. person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or.indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither.
City nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as
additional insured shall be delivered to and approved by City prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
writteri• on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of
"A or better and a minimum financial size Vll.
113
The Planning Center
2008 Housing Element Update
July 17, 2007
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to City of proposed cancellation. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless City and any and all of its officials, employees and agents ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of .investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant
shall not be liable for any injuries or property damage resulting from the reuse of
the design at a location other than that specified in Exhibit C without the written
consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless City, and any and all of
its employees, officials and agents from and against any liability (including liability
for claims,' suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including, without limitation, incidental and consequential
damages, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of
investigation, to the extent caused by the performance of this Agreement by
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Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents,employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of. City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction In instances where City is shown to have been . actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
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JJ of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent caused by_the negligence, recklessness, or
willful misconduct of Consultant, any subconsultant, anyone directly or indirectly
employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements, to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement . and/or
withhold any payment(s) which become due to Consultant hereunder. until
I 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
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/ edition prior to 1992. Consultant also -agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor. and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right ,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from sums
due Consultant, at City option.
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l 8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to City of any cancellation of coverage. Consultant agrees to require
its insurer to modify such certificates to delete any exculpatory wording stating
that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project who is brought onto, or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request,, all agreements
With subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to City, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such.
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
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any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
Insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
:) applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not -to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
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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 parry 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 ibut 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 Reaoyts. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable..the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records 'at'all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance . of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of .
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
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subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the.. prior.
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws.of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. in the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of .such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an.
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
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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
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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
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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 parry 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:
THE PLANNING CENTER
Attention: Colin Drukker
1580 Metro Drive
Costa Mesa, CA 92626
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.
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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
0
Veronica J. "tecino, CMC, City Clerk
APPROVED AS TO
Jenson, 9 iVAttorney
CONSULTANT: THHEE PLANNING CENTER
By: - e949
Name:
Title: >
Date:f 3 _ --
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Exhibit A
Scope of Services
'I•- 1,26
PROPOSED SCOPE OF WORK
Task #1: Kickoff Meeting
The Planning Center will need to meet with the City to review and refine the scope of work, discuss key
Issues, and collect important data (such as GIS files, housing documents, and other information). It may
also be necessary to conduct one or two site visits to assess potentially underutilized sites.
Task#2: Introduction (Sections 1.0-3.0)
The introductory sections of the Housing Element (1.0 Introduction, 2.0 Summary of Issues, and 3.0
Housing Vision) require minor updates to reflect the new planning period and any revised strategies and
policies generated for the 2008-2014 planning period.
Task#3: Needs Assessment (Section 4.0-7.0)
Thocurrent Housing Element benefits from the use of 2000 Census or 2002 market data for much of the
basic demographic and market analyses presented in Sections 4.0 and 5.0 of the Housing Element
This potentially eliminates the need to update approximately 50 percent of the data. In general, .
discussions based on data older than 2000 for the Community Profile, and 2004 for the Housing Profile,
will require new data to ensure the demographic and market profiles presented in the Housing Element
remain relevant for the City and the State Department of Housing and Community Development.
The State considers the discussion of housing needs —particularly for special needs populations—
extremely important and updates will be required for the majority of data in Section 6.0 (Housing Needs)
to provide an accurate portrait of the most pressing housing needs so that responsive policies and
programs can be fashioned. The City's regional housing needs allocation figures may require significant
revisions to Section 7.0.,(Housing Constraints) —particularly in the discussion of governmental constraints
if the City is require! to consider changes to development standards and processes.
Task #4: Land Inventory (Section 8.0)
Due to recent changes to State law and the potential interest of third parties, the Housing Element will
require enhanced analysis to demonstrate that adequate land; development standards, and zoning are
or will be in place to develop a variety of housing types for all income levels, commensurate with the
regional housing needs allocation. Identifying appropriate and suitable housing sites will be the most
critical task in the Housing Element
With the City's resort nature and low densities, we will need to consider strategies that involve increasing
densities; restrioling existing non -affordable housing developments; and identifying underutiliied sites
for housing, including land currently zoned for nonresidential uses. Although we understand that such
strategies may not be embraced by the City or its residents, such strategies will need to be explored to
ensure the City can obtain certification from the State.
We will also examine recent housing projects in the Coachella Valley and contact housing developers to
assess the density thresholds suitable to facilitate a range of housing types and prices. We will then
assess underutilized sites proposed for housing with respect to size and configuration, adequacy of
public services, and proximity to noise and environmental hazards, among other factors.
La Quinta Housing Element Proposal Page 1
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Additionally, State law permits the intercity transfer of a portion of the RHNA subject to certain
limitations —although few cities have ever successfully navigated the stringent legislation, with the
exception of several communities in northern California Under current State law, the potential for a
RHNA transfer is limited to 500 units maximum. The City may wish to discuss transfer options with the
adjacent jurisdictions of Indio and Coachella This proposal assumes that The Planning Center will be.
available for an initial exploration of requirements and options limited to eight (8) hours. Any additional
work will require an augment to the budget and scope of work.
This proposal assumes that the City will provide GIS data and will be able to confirm the status of
existing developments, pending projects, and recycling potential of underutilized lands. Our analysis
may consider vacant sites zoned for residential use that can be upzoned, vacant sites zoned for uses
that permit residendal development, and underutilized sites that can be rezoned or redesignated for
residential uses.
We will also update and discuss possible financial resources available to address housing needs,
focusing on the major sources of state and federal funds. We will document the redevelopment set -aside
balance and all other housing and community development funds required to be spent on housing and
show projected expenditures.from City records. Also included will be an inventory of administrative
resources, specifically those nonprofit and for -profit agencies that can assist the City's in achieving its
housing goals..
Task#5: At•RiskAnalysis (Section 9.0)
We will evaluate the affordable projects at risk of conversion (if any) to non -low-income uses based on a
review of available state and federal databases, the California Housing Partnership databases, and other
information provided by the City.
Task #6: Review of Past Element (Section 10.0)
Housing Bement law requires that the previous housing objectives be reviewed and evaluated for
success.. We will review federal and state reports (e.g., CAPERS, Annual Reports, Redevelopment files)
and interview City staff to determine how well the City has achieved its goals and objectives in
maintaining, producing, and preserving housing. This task will assist in evaluating the need to modify
existing programs; introduce new programs, and eliminate obsolete programs. Typically, we rely on
annual progress reports completed by City staff for the general plan. When these progress reports are
unavailable, we provide a policy/program matrix for City staff to complete that documents progress in
achieving the housing objectives set forth in the t 998-2005 Housing. Element. This matrix will be used to
evaluate why the City did/did not achieve its goals, and to make recommendations for modifying,
adding, or deleting programs. For 2006, we assume the City will prepare the appropriate annual
progress.report
Task #7: Housing Plan and Objectives (Sections 11.0-13.0)
We understand that the City Council is committed to developing realistic housing strategies and
programs to help address the community's housing needs while retain the City's resort nature. While the
City's goals, policies, and programs were recently updated, some significant changes may be necessary
to provide adequate sties for the Chy's regional housing needs allocation. Any changes will be reflected
in the City's Housing Plan and quantified objectives
Task #8: Public Outreach
Housing Element law requires that a diligent effort be made to include nonprofit groups, housing
advocates, and the general public in the development and implementation of the housing element This
requirement is typically satisfied by public workshops during preparation and adoption of the housing
La Qulnta Housing Element Proposal Page 2
128
element. When third -party interests are involved, significant development projects are under
consideration, or significant housing program changes are envisioned, additional public outreach is
often advisable. With these considerations in mind, we have crafted the following outreach program:
• Public Hearings (PC & CC). State law requires that two public hearings be held to consider,
recommend, and adopt the Housing Element. Our cost proposal assumes the two (2) public
hearings —one before the Planning Commission and one before the City Council. This proposal
assumes that we will prepare necessary presentation materials and the City will prepare the staff
report.
(OPTIONAL) Pubic Workshops (PIN). We offer the option of including two (2) public workshops
to educate and solicit input from the public and City officials on housing Issues and potential
strategies to provide affordable housing. Generally, outreach conducted during general plan
updates and preparation of documents such as consolidated plans can satisfy much of the
outreach requirements of State law. During this planning period, however, we are not aware of
any. recent outreach efforts conducted by the City concerning affordable housing. Our
experience indicates that conducting public workshops early in and during the update process
can insulate the City from complaints by third parties who seek to derail the City's efforts.
The first workshop would be a Housing Element primer, which would discuss Housing Element
requirements, address the most pressing housing needs of the community, and provide an
overview of current housing programs. The second workshop would focus on recommended
policy/program changes to the Housing Element. We would prepare the necessary presentation
materials for these efforts. From these meetings, comments would be incorporated into the
Housing Element before it is submitted to the State of California for review.
• (OPTIONAL) Stakeholder Meetings (SM). Given the interest from housing advocates in the
previous Housing Element update, we have included the option for conducting three (3)
stakeholder meetings, which may focus on developers, service providers, philanthropic
organizations,or legal advocates. These meetings will be designed to address particular Issues
of concern and elicit focused input from, a particular stakeholder group. The scope and focus of
these workshops will be determined during the Housing Element update, and may occur during
the preparation of the Housing Element, the HOD review process (discussed below), or other
junctures: We will prepare the necessary presentation materials for these workshops.
Task#9: NCD Review
State law requires that all Housing Elements be submitted to HOD for a mandatory 60-day review.
HCD will review the draft Housing Element to determine whether the City's sites, zoning, development
standards, and programs meet the intent of state law and are sufficient to facilitate housing that is
affordable to all economic segments of the community. We will work closely with City staff and HCD
reviewers to address any outstanding concerns. Following incorporation of changes to the Housing
Element and City adoption, the Housing Element will be submitted to HCD for a final review, which is
limited to 90 days under state law.
We have budgeted for two formal rounds of negotiations with HCD (two 60tiay reviews) before a letter of
approval Is issued. Additional rounds of review may occur if third -party review Is Involved, if controversial
development projects are considered, or if HCD deems that a city has inadequate sites or significant
housing constraints. If additional HCD review beyond the two formal 60-day reviews is required, or if the
Consultant must respond directly comments from legal advocates, an augmentation to the budget will
be required prior to making these additional responses.
La Quinta Housing Element Proposal Page 3
,.�.` 129
Task#10: Environmental Review
Housing 8ements are required to secure environmental clearance prior to holding two public hearings
for adoption. The environmental review typically takes the form of a Negative Declaration unless
significant land use changes are proposed. The Planning Center will prepare an Initial Study and
Negative Declaration (IS/ND) in compliance with State law. We will also circulate the IS/ND to the
appropriate state and local agencies. if any changes arise from the update that will require enhanced
environmental review, an augmentation to the budget and scope of work will be required. A maximum
budget of $3,000 for reimbursables (of the project's $7,000 total refmbursables budget) has been
allocated to generate hard and electronic copies of the environmental review documents for your review,
distribution, and the public hearing process. If additional copies are required or requested that exceed
this budget, an augmentation will be required.
Task#11: Rnal Housing Element
The Planning Center will prepare three final drafts of the Housing Element The first is the HOD Review
Draft, which will be transmitted to State for their review. During the review period, a total of four hard
copies of the HOD Review Draft will be produced for each review period (per Task #9, two review
periods are envisioned). Two copies will be sent to the City, one copy will be sent to the State, and one
copy will be retained for use by The Planning Center.
After.the HOD Review process is complete, The Planning Center will prepare a Public Review Draft of the
Housing Element for the public hearings. A total of 12 hard copies will be provided to the City for
distribution, in addition to an electronic version suitable for electronic distribution or placement on the
Ci y's website. After the City has adopted the Housing Element, a Final Draft of the Housing Element will
be prepared to incorporate any comments or edits generated by the public review process. The
Planning Center will provide a total of four hard copies of the Final Draft of the Housing Element, in
addition to a CD containing electronic copies of critical project files for the City's records and use.
Task#12: Project Management
This task is necessary to provide for the day-to-day management of the project and product review and
oversight, including coordination, billing activities, and budget and schedule maintenance. This
assumes up to eight meetings with City staff, and two hours per month for administrative details, billing,
and project coordination over the course of one year. Additional meetings and coordination with other
groups will require an augmentation to this scope and budget
Staff meetings are provided to coordinate the update effort, discuss housing programs, address land use
issues, and, coordinate efforts with other consultants, such as major developers proposing residential .
projects within the community which affect the land inventory. The Planning Center utilizes web
conferencing software (GoTo Meeting) that enables the City to view what is on our computer screens.
This proposal assumes that at least half of the staff meetings would be held as a conference call and use
the GoTo Meeting software if desired. This minimizes the costs for travel and allows us to schedule
meetings during any time of the day.
Heimbursables
Reimbursable expenses, including the costs for printing, copies, external data collection,, and deliveries
are not included in this proposal but are charged at cost plus f 2.5%.
La Quinta Housing Element Proposal Page 4
130
Schedule
The following chart details the proposed schedule for the Housing Element in order for it to be reviewed
by HQD and adopted by June 200& This schedule assumes timely receipt of Information from the City
regarding land inventory, program evaluations, progress reports, and other supporting documentation.
Housing Element Schedule
2007 24M
Task TaskAv;c*don hsr M Aaa -qwl MI #W Ow Anj !eb As Apr AW Ax
#1 I(IckoO Meo tap
#2 Imnoductlon
#3 Needs Assessment
#4 Land InveatDry
#5 At filsk rysis
#S ReviewofPastAna9ement
#9
HOD Review
#10
Environment
#11
FinalHousin{
#12
Pro(ectMana
Note: SM (Stakeholder Meeting) and PW (Public Workshop) are optional tasks.
La Qulnta Housing Element Proposal page 5
131
Budget
Our proposed budget for the Housing Element update is $76,750 and is based on assigned staff and
their billing rates. An additional $9,500 in optional tasks are presented in a second table. The budget
assumes a 13-month timeframe for completion of the housing element no later than July 2008. Additional
time beyond this will be subject to annual adjustments in labor rates.
Housing dement Budget
Task
raskDesctlparn
Cost
#1
IOckoff Meeting
$750
#2
Introduction
$1,000
#3
Needs Assessment
$7,500
#4
Land Inventory .
$17,000
#5
At-RiskAnaWs
$1,000
#6
Review of Past Element
$3,000
#7
Housing Plan and Objectives
$7,500
#8
Public Outreach
$5,000
#9
HCD Review
$10,000
#10
Environmental Review
$7,000
#11
Final Housing Element
$3,000
#12
Project Management
$7,000
Labor Cost
$6%750
Relmbursables
1 $7,000
TOTAL PROPOSED COST
1 $76,750
Optional Tasks
Task
r84 0ataimin
Cost_
#8
Public Outreach
Public Worlmhops 2
$5,500
Stakeholder Meetings (3)
$3,000
Labor Cost
$9,000
Relmbursa les
$1,000
TOTAL PROPOSED COST
$9,500
La Quints Housing Element Proposal Page 6
132
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 Eighty-six Thousand Two Hundred Fifty Dollars
($86,250) except as specified in Section 1.6 - Additional Services of the
Agreement.
133
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.
�•• 134
Exhibit D
Special Requirements
NONE.
135
ATTACHMENT #2
Service Authorization
PROJECT NO. CLQ-03 I DATE October 21, 2009
PROJECT NAME La Quinta Housing Element Update
TYPE OF AUTHORIZATION:
❑ Fixed Price Project ❑ Time and Materials Project
® Contract Extension ❑ Meetings Extra to Contract
Reimbursables: ❑ No Charge ❑ Extra to Contract ® 12.5% Markup on Reimbursables and Subconsultants
RETAINER: so ❑ yes* ® No
*All retainers are either applied to the final invoice or refunded at the close of the project.
BUDGET AMOUNT: s a,000.00
AGREEMENT BETWEEN:
® Not to Exceed ❑ Estimated
CLIENT
City of La Quinta
CONSULTANT
The Planning Center
STREET ADDRESS
78-495 Calle Tampico
STREET ADDRESS
1580 Metro Drive
CITY STATE AND ZIP
La Quinta, CA 92253
CITY STATE AND ZIP
Costa Mesa, CA 92626
CONTACT
Les Johnson
CONTACT
Colin Drukker
Hereinafter referred to as "Client."
Hereinafter referred to as "Consultant."
This document authorizes the Consultant to execute the following services for the Client as indicated below:
SCOPE AND DURATION OF SERVICES:
The current scope of work (Task 9: HCD Review) provided for two formal rounds of negotiations with HCD (two
60-day reviews) before a letter of approval is issued. The scope of work also stated that "If additional HCD review
beyond the two formal 60-day reviews is required, or if the Consultant must respond directly comments from
legal advocates, an augmentation to the budget will be required prior to making these additional responses."
We recently completed the second round of formal review with HCD on the Element. Unfortunately, the State
sees a need for a third round of review before certification can be awarded. We held additional informal rounds
of review with the State reviewer and tapped into the budget for the public hearing task and reimbursables
budget in an attempt to avoid a request for a budget augment.
With the budget for the public hearings, reimbursables, and HCD review exhausted, we are therefore requesting a
budget augment of $8,000, which includes $7,640 for labor and $360 for reimbursables.
The $7,640 in labor would allow for 46 hours of time from Colin Drukker (Senior Planner/Project Manager) and
12 hours of time from Michelle McCready (Project Planner). Up to 30 hours of time from Mr. Drukker and 12
hours from Michelle McCready would be on a third round of HCD Review. This would include phone calls and
158e METRO DRIVE I COSTA MESA CA 92626 i 7146669270 I -14.0669221 vI
W W W.PLANNINGCENTER.COM
136
Service Authorization
Page 2
meetings with the City to strategize, preparing formal responses to the State, phone calls or meetings with the
State, and finalizing the Housing Element. The remaining labor (16 hours of Mr. Drukker's time) would be spent
on attending and preparing for public hearings to adopt the Housing Element, and overall project management
The $360 in reimbursables would cover up to a total of 4 color copies of the draft or final hearing draft of the
Housing Element. The City would be responsible for reproduction of the Housing Element for the Planning
Commission and City Council meetings, and for final City records and publication.
RATE SCHEDULE:
Billing will be monthly based upon our standard hourly rates of $45 to $250, depending upon the professional's level of
expertise.
GENERAL TERMS Of CONSULTING AGREEMENT:
These General Terms are a part of this contract. All of the services to be provided are referred to collectively as the "Work."
This Proposal expires if the Agreement is not signed within three months from the date that the proposal was issued: October
13, 2009.
(1) Acceptance and Authorization to Proceed. When Client signs and returns to Consultant a copy of this Proposal or Service
Authorization, an Agreement will be formed authorizing Consultant to proceed with the Work as described.
(2) Performance by Consultant. Consultant will use all reasonable efforts to cause the Work to be performed by qualified
persons under the supervision of Consultant. Except as provided below, the Work will proceed in accordance with the
schedule included in this Agreement.
(3) Scope of Work. The scope of services set forth in this Agreement is based on facts known to Consultant at the time
Consultant signed the Proposal or Service Authorization, including, if applicable, information supplied by Client. For some
projects involving conceptual or process development services, scope may not be fully definable during initial phases. As the
project progresses, facts discovered may indicate that scope must be redefined. Consultant will promptly provide Client with
an amendment to this Agreement to recognize the additional information learned and changes in defining the scope and
pricing for the Work. Client will have fifteen (15) days after receiving the proposed amendment to sign and return the
amendment. If Client fails to sign and return the amendment within that time, Consultant may suspend work until satisfactory
arrangements are agreed to in writing by Consultant and Client.
(4) Coordination with Client. Consultant and Client shall cooperate in proceeding with the Work under the direction and
approval of the Client's Authorized Representative identified above, which representative or an alternate shall be available for
Consultant at all reasonable times. Consultant and Client, recognizing that time is of the essence, agree that oral
communications and instructions may be necessary. Consultant will, in the interest of the project, comply with such oral
instructions. However, Consultant will promptly confirm its receipt of the oral instructions by sending Client a written
memorandum by electronic or regular mail. The instructions will be deemed confirmed by the Client if the Consultant does not
receive written withdrawal of or changes to the instructions within five (5) days after Consultant sent the confirmation to
Client. If the instructions require changes in scope and pricing for the Work, Consultant will provide Client with an
amendment for signature. Client will provide Consultant with access to the property which is the subject of the Work, along
with all reports and other information which Client has concerning the Work.
(5) Charges for Work. Client will be charged for, and Client shall pay for without deduction or offset, the Work performed, in
accordance with Consultant's current schedule of charges, billing rates, and expense reimbursement policies. Work will be
limited by the amount included in the total of estimated costs stated in the proposal unless an increase is authorized in
writing by Client. Although Consultant's schedule of charges and billing rates is subject to periodic review and revision, the
current schedule will remain in effect for six months from the date a Proposal or Service Authorization is submitted by
Consultant. Changes in the scope of the Work must be made in writing and will be charged for in accordance with this
Agreement.
(6) Unanticipated Delays. Consultant shall not be liable for time delays or damages resulting from the actions or inactions of
government agencies, including but not limited to, permit processings, environmental impact reports, general plans and
amendments, and zoning matters. If the Work has not been completed in accordance with the schedule included in this
Agreement, through no fault of Consultant, and the parties agree to an extension of the schedule, the fee schedule will be
adjusted automatically to Consultant's current posted billing rates. Changes in a Client's Project Manager or changes in
137
Service Authorization
Page 3
government plans, policies, programs, or ordinances may be a basis for Consultant to submit an Amendment to this
Agreement addressing the impact of the change.
(7) Reimbursable Expenses. All of Consultant's expenses for document copying, FAX, delivery, travel, services, equipment and
facilities are charged to Client at Consultant's cost plus twelve and one-half percent (12.5%)
(8) Billing and Payment. Time is of the essence in payment of invoices. Consultant invoices for Work performed will be issued
at the close of each calendar month and upon completion of the Work. Any comments or questions which Client has
concerning the contents of an invoice or the Work represented by an invoice must be submitted to Consultant in writing
within fifteen (15) days after Client receives the invoice. If no such comments or questions are received by Consultant, the
Work represented and the invoice shall be considered correct and accepted by Client. If payment for an invoice is not received
by Consultant within forty-five (45) days after the date of the invoice, a reasonable late charge will be applied to all amounts
outstanding, commencing thirty (30) days after the date of the invoice and continuing monthly until all amounts have been
paid in full.
(9) Suspension or Termination. Either party may suspend or terminate the Work at any time upon seven (7) days' written
notice to the other party. Client shall pay all amounts due for the Work to the effective date of suspension or termination, plus
all costs incurred by Consultant as a result of the termination or suspension.
(10) Client Files. When the Work is completed or this Agreement is terminated and Consultant has been paid in full,
Consultant will, upon written request of Client, provide Client with all files reports and exhibits prepared by Consultant in
performing the Work, except computer programs or data prepared by or for Consultant in connection with the Work. Reuse
of any documents or other deliverables, including electronic media, pertaining to the project by Client for any purpose other
than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables
Consultant's written consent, shall be at Client's risk. Client shall indemnify and defend against, and hold harmless from, all
claims, losses, liabilities, and expenses asserted against or incurred by Consultant arising out of or connected with any such
unauthorized reuse or alteration. Unless instructed otherwise in writing it is Consultant's policy to destroy Clients' files five (5)
years after the date of final billing for the Work.
(11) Limitation of Liability. Consultant shall be liable to Client only for losses incurred by Client which are directly caused by (a)
the acts or omissions of Consultant, in violation of this Agreement, and (b) willful misconduct or gross negligence of
Consultant. Consultant shall not be liable to Client for (a) delays caused by factors beyond the reasonable control of
Consultant, or (b) consequential damages. Consultant's liability to Client shall be further limited to the amount available from
Consultant's insurance, if any. Except for claims for indemnification, the time period for bringing claims under this agreement
expires one year after Consultant issues its final invoice for the Work.
(12) Insurance Cooperation. Client may, at Client's expense, obtain insurance to protect it against any risk resulting from this
Agreement or the Work, and Consultant will cooperate with Client in obtaining such insurance.
(13) Indemnity to Consultant. Client shall indemnify and defend against, and hold Consultant harmless from all claims, losses,
liabilities and expenses asserted against Consultant by third parties or incurred by Consultant as a result of such third party
assertions.
(14) Confidentiality. Consultant will take reasonable steps to protect the confidentiality of information obtained by Consultant
in performing the Work, when Client advises Consultant in writing of the confidential nature of such information. Consultant
may use Client's name in general descriptions of the Work and services performed by Consultant.
(15) Employee Solicitation. Neither Client nor Consultant shall offer to employ or employ any employee of the other during,
and for a period of six (6) months after termination of this Agreement.
(16) Settlement of Disputes. The parties will attempt in good faith to resolve any controversy or dispute arising out of or
relating to this Agreement promptly by negotiations. If any party reaches the conclusion that the controversy or dispute
cannot be resolved by unassisted negotiations, such party may notify the Judicial Arbitration and Mediation Service ("JAMS")
500 North State College Boulevard, Suite 600, Orange, California 92668, (714) 939-1300. JAMS will promptly designate a
mediator who is independent and impartial, and JAMS' decision about the identity of the mediator will be final and binding.
The parties agree to conduct at least eight (8) consecutive hours of mediated negotiations within thirty (30) days after the
notice is sent. If the dispute is not resolved by negotiation or mediation within thirty (30) days after the first notice to JAMS is
sent, then, upon notice by any party to the other affected parties and to JAMS, the controversy or dispute shall be submitted
to a sole arbitrator who is independent and impartial, selected by JAMS, for binding arbitration in accordance with JAMS'
Rules for Non -Administered Arbitration of Business Disputes. The parties agree that they will faithfully observe the terms of
this paragraph and will abide by and perform any award rendered by the arbitrator. The award or judgment of the arbitrator
"'.. 1138
Service Authorization
Page 4
shall be final and binding on all parties. No litigation or other proceeding may be instituted in any court for the purpose of
adjudicating, interpreting or enforcing any of the rights or obligations relating to the subject matter of this Agreement or for
the purpose of appealing any decision of an arbitrator, except a proceeding instituted for the sole purpose of having the
award of judgment of an arbitrator entered and enforced.
(17) Miscellaneous Provisions.
(a) Amendment. This Agreement may be changed only by a written amendment signed by Client and Consultant.
(b) Interpretation of Agreement. This Agreement shall be interpreted to give effect to its fair meaning and shall be construed
as though it was prepared by both parties. This Agreement contains the entire agreement of Client and Consultant, and all
prior negotiations, documents, and discussions are superseded by this Agreement. The parties acknowledge there are no
applicable representations, warranties, or terms which are not stated in this Agreement. The invalidity of any provision of this
Agreement shall not affect the validity of any other provision of this Agreement. Section headings are for convenience and
shall not be used in interpreting this Agreement.
(c) References. All references to this Agreement include reference to all amendments to this Agreement. All references to the
Work include references to all or a part of the Work. References to Client or Consultant include, bind, and inure to the benefit
of, their officers, agents, employees, successors in interest and assignees.
(d) Time and Excusable Delays. Reference to days in this Agreement means consecutive calendar days including weekends
and holidays. The time for performance of an obligation, other than the payment of money, shall be extended for the period
during which a parry is prevented from performing by the act or omission of the other party, acts of God, government or
other force or event beyond the reasonable control of such party.
(e) Counterparts. This Agreement may be executed in multiple counterparts all of which shall be one and the same
Agreement.
(f) Attorneys' Fees. If any action is commenced to enforce or interpret the terms of this Agreement, the prevailing parry shall
be entitled to reasonable attorneys' fees and expenses, in addition to other relief as the court may award.
(g) Prohibition of Assignment. No right or remedy under this Agreement may be assigned by any party. Any attempted
assignment shall be void.
(h) Notices. All notices required or allowed shall be in writing and shall be sent to the addresses shown at the beginning of
this Agreement. A party may change its address for notices and consents by giving notice to the other party. Notice may be
delivered by personal delivery, facsimile transmission during normal business hours of the recipient, an overnight delivery
service, or U.S. Mail sent certified with return receipt requested. Notices and consents are effective on the earlier of the date
received, the date of the delivery receipt, or the date delivery is refused, as applicable.
The Planning Center's Authorized Representative Date:
Client's Authorized Representative Date:
139
Twr ^F 44ahrw
COUNCIL/RDA MEETING DATE: November 3, 2009 AGENDA CATEGORY:
ITEM TITLE: Adoption of a Resolution Rescinding BUSINESS SESSION:
Resolution 2009-083, and Extending the Time for
Completion of the Off -Site Improvements for Tract CONSENT CALENDAR: Al
Map 31627, the Residence Club at PGA West, STUDY SESSION: _
Nadador, LLC
PUBLIC HEARING:
RECOMMENDATION:
Adopt a resolution rescinding the City Council Action of October 20, 2009 and
extending 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. 31627, the Residence Club at PGA West, Nadador, LLC.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Residence Club at PGA West is located south of Avenue 54, east of PGA
Boulevard and west of Oak Tree (Attachment 1).
Subsequent to the City Council's action on this matter at the last meeting, it was
determined by staff that because the off -site subdivision improvements that are the
subject of the SIA for the Residence Club at PGA West (Tract Map No. 31627) are
located within 500 feet of certain common area owned by the PGA West Master
Association, the two members of the City Council who are members of the Master
Association should have abstained from the vote. Staff inadvertently failed to bring
this to the affected Councilmembers' attention prior to the vote. The City Attorney
.. 140
has recommended that City Council rescind the prior action and vote again on the
matter to correct this inadvertent error.
On April 15, 2004, the City and Nadador, LLC entered into a SIA for the Residence
Club at PGA West. Section 6 of the SIA requires: "that the subdivision improvements
shall be complete within twelve months after the approval of the SIA. Failure by
Subdivider to begin or complete construction of the improvements within the specified
time periods shall constitute cause for City, in its sole discretion and when it deems
necessary, to declare Subdivider in default of this SIA, to revise improvement security
requirements as necessary to ensure completion of the improvements, and/or to
require modifications in the standards or sequencing of the improvements in response
to changes in standards or conditions affecting or affected by the improvements. "
On September 18, 2007, the City Council adopted a resolution granting a time
extension for the completion of the off -site improvements as specified in the SIA to
August 30, 2008.
On August 5, 2008, the City Council adopted a resolution granting a second time
extension for the completion of the off -site improvements as specified in the SIA to
September 30, 2009 with the exception of the perimeter wall and sidewalk
improvements to be completed by January 2, 2009. The perimeter wall and sidewalk
improvements have been completed.
In a letter dated September 8, 2009 (Attachment 2), the developer states that delays
on the project completion date have been caused by the continuing "slow down in
sales absorption".
The off -site improvements have been completed. The developer requests a time
extension to March 31, 2010 to complete pending items for final acceptance of the
off -site improvements, which include obtaining utility agency acceptance letters,
preparing record drawings, and submitting warranty security. Staff has prepared the
attached resolution which provides for approval of the third time extension of the SIA.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a resolution rescinding the City Council Action of October 20, 2009 and
extending 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. 31627, the Residence Club at PGA West; or
141
2. Do not rescind the City Council Action of October 20, 2009 and do not adopt a
new 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. 31627, the Residence Club at
PGA West; or
3. Provide staff with alternative direction.
Respectfully submitted,
. f�
du
T mothy R J nas n, P.E.
blic Wor Dir for/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Letter from Nadador, LLC dated September 8, 2009
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, RESCINDING
PRIOR COUNCIL ACTION AND 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. 31627, THE RESIDENCE CLUB AT PGA
WEST
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map No. 31627, The Residence Club at PGA West, on
April 15, 2004; and
WHEREAS, Section 6. Completion of Improvements, of the approved SIA
requires that the Subdivider begin construction of the improvements within ninety
days and complete the construction within twelve months after the approval of the
Agreement; and
WHEREAS, failure by the Subdivider to complete construction of the
improvements by September 30, 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; and
WHEREAS, on October 20, 2009, two members of the City Council
inadvertently voted on this proposed time extension, and wish to rectify the matter
by having the prior resolution rescinded.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
Section 1. The City Council vote on Resolution No. 2009-083 is hereby
rescinded.
Section 2. The time for the completion of the off -site improvements as
required by the approved SIA is extended to March 31, 2010.
143
Resolution No. 2009-
Tract Map No. 31627, The Residence Club at PGA West
Adopted: November 3, 2009
Page 2
Section 3. 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 4. The provided security amount as required in the approved SIA is
satisfactory. No additional securities are required.
Section 5. All other terms, responsibilities and conditions as listed in the
approved SIA shall remain in full force and effect.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 3rd day of November 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(Seal)
"o'!) 144
Resolution No. 2009-
Tract Map No. 31627, The Residence Club at PGA West
Adopted: November 3, 2009
Page 3
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
145
ATTACHMENT 1
TM 31627 RESIDENCE CLUB AT PGA WEST
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CITY COUNCIL MEETING: November 3, 2009
F6
ITEM TITLE: Rescission of Action of October 20, 2009 and Readoption of
a Resolution to Extend the Time for Completion of the Off -Site
Improvements for Tract Map No. 31627, The Residence Club at PGA West
APPLICANT: Mr. Terry Manley, Nadador, LLC
<� ` 146
ATTACHMENT 2
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COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Adoption of a Resolution Rescinding
Resolution 2009-084, and Extending the Time for
Completion of the On -Site Improvements for Tract
Map 31627, the Residence Club at PGA West,
Nadador, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution rescinding the City Council Action of October 20, 2009 and
extending the time for completion of the on -site improvements as specified in the
approved Subdivision Improvement Agreement (SIA) to September 30, 2010 for Tract
Map No. 31627, the Residence Club at PGA West, Nadador, LLC.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Residence Club at PGA West is located south of Avenue 54, east of PGA
Boulevard and west of Oaktree (Attachment 1).
Subsequent to the City Council's action on this matter at the last meeting, it was
determined by staff that because the on -site subdivision improvements that are the
- subject of the SIA for the Residence Club at PGA West (Tract Map No. 31627) are
located within 500 feet of certain common area owned by the PGA West Master
Association, the two members of the City Council who are members of the Master
Association should have abstained from the vote. Staff inadvertently failed to bring
this to the affected Councilmembers' attention prior to the vote. The City Attorney
14�
has recommended that City Council rescind the prior action and vote again on the
matter to correct this inadvertent error.
On April 15, 2004, the City and Nadador, LLC entered into a SIA for the Residence
Club at PGA West. Section 6 of the SIA requires: "that the subdivision improvements
shall be complete within twelve months after the approval of the SIA. Failure by
Subdivider to begin or complete construction of the improvements within the specified
time periods shall constitute cause for City, in its sole discretion and when it deems
necessary, to declare Subdivider in default of this SIA, to revise improvement security
requirements as necessary to ensure completion of the improvements and/or to require
modifications in the standards or sequencing of the improvements in response to
changes in standards or conditions affecting or affected by the improvements. "
On September 18, 2007, the City Council adopted a resolution granting a time
extension for the completion of the on -site improvements as specified in the SIA to
August 30, 2008.
On August 5, 2008, the City Council adopted a resolution granting a second time
extension for the completion of the on -site improvements as specified in the SIA to
September 30, 2009 with the exception of the perimeter wall and sidewalk
improvements to be completed by January 2, 2009. The perimeter wall and sidewalk
improvements have been completed.
In a letter dated September 8, 2009 (Attachment 2), the developer states that delays
on the project completion date have been caused by the continuing "slow down in
sales absorption".
The developer requests a time extension to August 31, 2011 for the completion of the
remaining on -site improvements. The remaining on -site improvements include
completing the final paving lift for the interior streets, finishing the gate house at the
entrance and setting monumentation. Staff has prepared the attached resolution
which provides for approval of the third time extension of the SIA for the on -site
improvements to September 30, 2010.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a resolution rescinding the City Council Action of October 20, 2009 and
extending the time for completion of the on -site improvements as specified in
the approved SIA to September 30, 2010 for Tract Map No. 31627, the
Residence Club at PGA West; or
150
2. Do not rescind the City Council Action of October 20, 2009 and do not adopt a
new Resolution of the City Council to extend the time for completion of the on -
site improvements as specified in the approved SIA to September 30, 2010 for
Tract Map No. 31627, the Residence Club at PGA West; or
3. Provide staff with alternative direction.
Respectfully submitted,
dothy R. J nass P.E.
Public Works Director/City Engineer
Approved for submission by:
e i
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Letter from Nadador, LLC dated September 8, 2009
151
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, RESCINDING
PRIOR COUNCIL ACTION AND GRANTING AN
EXTENSION OF TIME FOR THE COMPLETION OF
THE ON -SITE IMPROVEMENTS AS SPECIFIED IN
THE APPROVED SUBDIVISION IMPROVEMENT
AGREEMENT TO SEPTEMBER 30, 2010 FOR
TRACT MAP NO. 31627, THE RESIDENCE CLUB
AT PGA WEST.
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map No. 31627, The Residence Club at PGA West, on
April 15, 2004; and
WHEREAS, Section 6. Completion of Improvements, of the approved SIA
requires that the Subdivider begin construction of the improvements within ninety
days and complete the construction within twelve months after the approval of the
Agreement; and
WHEREAS, failure by the Subdivider to complete construction of the
improvements by September 30, 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; and
WHEREAS, on October 20, 2009, two members of the City Council
inadvertently voted on this proposed time extension, and wish to rectify the matter
by having the prior resolution rescinded.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
Section 1. The City Council vote on Resolution No. 2009-084 is hereby
rescinded.
Section 2. The time for the completion of the on -site improvements as
required by the approved SIA is extended to September 30, 2010.
,.- 15 ?
Resolution No. 2009-
Tract Map No. 31627, The Residence Club at PGA West
Adopted: November 3, 2009 -
Page 2
Section 3. The time extension for completing the improvements shall expire
when City offices close for regular business on September 30, 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 4. The provided security amount as required in the approved SIA is
satisfactory. No additional securities are required.
Section 5. All other terms, responsibilities and conditions as listed in the
approved SIA shall remain in full force and effect.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 3rd day of November 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
(Seal)
�rr•••` 153
Resolution No. 2009-
Tract Map No. 31627, The Residence Club at PGA West
Adopted: November 3, 2009
Page 3
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
154
ATTACHMENT 1
TM 31627 RESIDENCE CLUB AT PGA WEST
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NOT TO SCALE
CITY COUNCIL MEETING: November 3, 2009
ITEM TITLE: Rescission of Action of October 20, 2009 and Readoption of
a Resolution to Extend the Time for Completion of the On -Site
Improvements for Tract Map No. 31627, The Residence Club at PGA West
APPLICANT: Mr. Terry Manley, Nadador, LLC
155
ATTACHMENT 2
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157
COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Authorization for the City Manager to
Negotiate and Execute a Contract to Construct a
Compressed Natural Gas (CNG) Dispensing Station for
Fire Station 32 Project No. 2008-03 and Phase I of the
Corporate Yard, Project 2007-08
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 1
STUDY SESSION:
PUBLIC HEARING:
Authorize the City Manager to negotiate and execute a contract with a qualified firm to
construct a compressed natural gas dispensing station for Fire Station 32 Project No.
2008-03 and Phase I of the Corporate Yard, Project 2007-08.
FISCAL IMPLICATIONS:
The following represents the previously approved 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
Included in the construction budget are funds to construct the CNG dispensing station.
The engineer's estimate for the installation is $210,000.
CHARTER CITY IMPLICATIONS:
Because the funding for this project includes County Fire Funds, the contractor will be
required to pay prevailing wages.
BACKGROUND AND OVERVIEW:
158
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 bids
were opened on September 24, 2009 and on October 6, 2009 contracts were awarded for
the following portions of the project:
General Building
Site Utilities
Site Work
Electrical
Heating and Air Conditioning
Plumbing
Casework
Fire Sprinkler
Landscape
Drywall, Lathe and Plaster, Painting
Flooring
Solar Electric
There were no bids received for the CNG portion of the project. According to Resolution
2005-95, Section III., when no bids are received, the City Council may accomplish the
project in any manner it sees fit. Staff is recommending that the City Manager be
authorized to negotiate and execute a contract with a qualified firm for the CNG station as
opposed to re -bidding the project.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Authorize the City Manager to negotiate and execute a contract with a qualified firm
to construct a compressed natural gas dispensing station for Fire Station 32 Project
No. 2008-03 and Phase I of the Corporate Yard, Project 2007-08; or
2. Direct staff to re -bid the project; or
3. Provide staff with alternative direction.
159
Respectfully submitted,
Tom Hartung
Director of Building and Safety
Approved bmiasion y:
Thomas P. Genovese, City Manager
Approved for submission by:
160
1til 4 etwQumrw
COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Consideration of 2o1 Quarter
Community Services Grants and Funding Requests
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
The Ad Hoc Committee received $34,100 in requests for consideration. The Fiscal
Year 2009-2010 Budget for Community Service Grants was $100,000, of which
$37,050 has already been disbursed. The Committee is recommending funding
$16,600 of the $62,950 in available funds leaving $46,350 in the Special Project
Contingency Account No. 101-3001-451.80-01 for future consideration.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Ad Hoc Committee, comprised of Mayor Adolph and Council Member
Henderson, met with staff on October 16, 2009. The committee reviewed eight
grant applications from various local organizations. The Grant Guidelines indicate
only non-profit organizations are eligible and are limited to $5,000 in funding.
Grant recipients cannot receive consecutive fiscal year funding as stated in the City
of La Quinta Grant Guidelines (Attachment 1). The exception to consecutive fiscal
year funding is for requests for City facility rental fees by non-profit organizations.
A summary of all previous Community Services Grant Funding requests and
amounts awarded in Fiscal Year 2009-2010 is provided as Attachment 2. The
following table summarizes the requests and Ad -Hoc Committee's recommendation
for this 2" quarter:
,... 161
Applicant
Applied
Committee
Recommendation
Olive Crest Treatment Centers, Inc.
$5,000
$5,000
Osher Lifelong Learning Institute
$3,600
$3,600
P.S. Women In Film and Television
$3,000
$3,000
American Diabetes Association
$5,000
$2,500
Integrated Learning Institute
$5,000
$2,000
Desert Valley All -Star Mavericks
$2,500
$500
Red Hot Ballroom, Inc.
$5,000
$0
Dancing With Our Stars
$5,000
$0
Total
$34,100
$16,600
Recommended Grant Requests:
Of the eight submitted grant requests, the Ad Hoc Committee has chosen to
recommend six of the grant requests for City Council consideration:
1. Olive Crest Treatment Centers, Inc. (Attachment 3). The Olive Crest
Treatment Centers is requesting $5,000 to pay for the utility costs of the three
Coachella Valley Community Center (CVCC) community homes. Their Community
Home Program was designed to provide safe, temporary housing for children, and
support services for parents experiencing immediate crises. This organization was
last funded $5,000 in Fiscal Year 2007-2008. The Ad Hoc Committee
recommended funding $5,000 with the condition that Olive Crest provide copies of
the past year's utility bills.
2. Osher Lifelong Learning Institute California State University San Bernardino
(CSUSB) (Attachment 4). Osher Lifelong Learning Institute, CSUSB is requesting
permission to pay a reduced daily rental rate of $100 per day to rent the La Quinta
Museum meeting room for mature adults college courses. A total of $3,600 would
be paid to the City for the three quarters between October 2009 and May 2010
($100 per day x 12 days per quarter x 3 quarters = $3,600). The Osher Institute
is a self-supporting program of College of Extended Learning, and is thus required
to generate all operating funds through class fees, grants, and partnerships in the
community it serves. Allowing Osher to pay this reduced rental rate of $100 per
day assists them in providing courses in La Quinta. This organization utilized the La
Quinta Museum meeting room at a reduced rate for classes during Fiscal Year
2008-2009. The Ad Hoc Committee recommended Osher to pay the $100 per day
rate for a total payment to the City of $3,600, and funding $3,600 to pay the
difference of the normal room rate.
,,� 116
3. Palm Springs Women in Film and Television (Attachment 5). The Palm
Springs Women in Film and Television is requesting $3,000 to fund the
psfilmoffice.com website on which the City of La Quinta has a banner ad and
contact information. The next plans for the site are to continue to build out the
"Locations" section and to market heavily to production companies outside the
Coachella Valley. This organization was last funded $3,000 in Fiscal Year 2007-
2008. The Ad Hoc Committee recommended funding $3,000.
4. American Diabetes Association (ADA) (Attachment 6). The American
Diabetes Association is requesting $5,000 to support their annual walk, Step Out:
Walk to Fight Diabetes. This event will be held on Saturday, November 7, 2009 at
the La Quinta Community Center. Funds would help to underwrite the costs of the
event, support the ADA's efforts to increase awareness about diabetes in our
community, and support the ADA's efforts to provide information, research and
advocacy to residents in La Quinta and throughout Riverside County. This
organization has never been funded. The Ad Hoc Committee recommended funding
$ 2, 500.
5. Integrated Learning Institute (Attachment 7). The Integrated Learning
Institute is requesting $5,000 to purchase a server for the office computer
network, a video camcorder and one digital camera, and office chairs. The server is
needed to increase administrative efficiency. The camcorder and digital camera
would be used to facilitate in-house training and to improve the quality of
presentations to the community and the website. The chairs are needed to
accommodate the growing student population. This organization was last funded
$2,000 in Fiscal Year 2007-2008. The Ad Hoc Committee recommended funding
$ 2,000.
6. Desert Valley All -Star Mavericks (Attachment 8). The Desert Valley All -Star
Mavericks is requesting $2,500 to maintain their facility, increase partial and full
scholarships to qualified potential members, and to purchase additional mats and
training equipment. The Mavericks are a year -long, competitive all-star cheer and
dance program. This organization has never been funded. The Ad Hoc Committee
recommended funding $500.
Grant Requests not recommended for funding and/or did not meet the criteria in the
Grant Guidelines include:
1. Red Hot Ballroom, Inc. (Attachment 9). Red Hot Ballroom, Inc. is requesting
$5,000 to assist the school district in purchasing dance outfits, trophies and
awards, dance competition expenses, and salaries. This organization provides
afterschool ballroom dance instruction to 41h, 5`", and 61h graders. This organization
has never been funded. The Ad Hoc Committee did not recommend funding due to
the organizations inability to provide a 501(c)3 non-profit documentation.
2. Dancing With Our Stars — A Charity Affaire (Attachment 10). Dancing With
Our Stars is requesting $5,000 to sponsor the event and assist with advertisiii'g 16J
costs. This is a fundraising event that serves many charitable organizations.
Beginning this year, this event will now be held in La Quinta. This organization has
never been funded. The Ad Hoc Committee did not recommend funding due to the
organizations inability to provide a 501(c)3 non-profit documentation.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve funding for one or more of the following organizations:
Olive Crest Treatment Centers, Inc. in the amount of $5,000;
Osher Lifelong Learning Institute in the amount of $3,600;
Palm Springs Women in Film and Television in the amount of $3,000;
American Diabetes Association in the amount of $2,500;
Integrated Learning Institute in the amount of $2,000;
Desert Valley All -Star Mavericks in the amount of $500.
2. Do not approve funding for one or more of the following organizations:
Olive Crest Treatment Centers, Inc. in the amount of $5,000;
Osher Lifelong Learning Institute in the amount of $3,600;
Palm Springs Women in Film and Television in the amount of $3,000;
American Diabetes Association in the amount of $2,500;
Integrated Learning Institute in the amount of $2,000;
Desert Valley All -Star Mavericks in the amount of $500.
3. Provide staff with alternative direction.
Respe fully submitted,
Edie Hy ton
Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. City of La Quinta Grant Guidelines
2. 2009-2010 Community Services Grant Awards 164
3. Olive Crest Treatment Centers, Inc.
4. Osher Lifelong Learning Institute
5. Palm Springs Women in Film and Television
6. American Diabetes Association
7. Integrated Learning Institute
8. Desert Valley All -Star Mavericks
9. Red Hot Ballroom, Inc.
10. Dancing With Our Stars — A Charity Affaire
165
r I I PAILI 71VICIV I I
Lw� Q c
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FN OFF
GRANT GUIDELINES
The City of La Quinta offers the Grant Program for Community Services Support and
Economic Development/Marketing and Sponsorships.
Community Services Grants go to recognized nonprofit organizations that benefit the
residents of La Quinta. Priority for funding is granted to organizations that directly benefit
La Quinta residents, second consideration is given to organizations that indirectly affect the
quality of life for the residents of La Quinta.
Economic Development Grants go to organizations that will help strengthen the business
community of La Quinta. Marketing and Sponsorship Grants go to organizations that would
benefit the City of La Quinta in a marketing capacity.
Individuals are not eligible for funding through the City of La Quinta Grant Program.
Organizations that receive Community Development Block Grants from the City of La
Quinta during the same fiscal year are not eligible for funding through the Community
Services Grant program.
Organizations that have been funded are ineligible for funding for the next fiscal year.
Requests are limited to an amount not to exceed $5,000. A second tier is available for
Economic Development/Marketing requests above $5,000 (submission of a detailed
marketing/media plan is required in connection with these requests).
La Quinta service organizations may request funds to be applied directly to rental fees for
City facilities for consecutive years without the $5,000 funding limit.
Completed grant applications will be initially reviewed by a designated Grant Review
Committee who will then recommend consideration of approved grants to City Council. For
Economic Development/Marketing requests above $5,000, an in depth review will be
conducted by the La Quinta Marketing Committee. Grant applications will be considered
by City Council at the first City Council meetings in August, November, February, and May
of each fiscal year.
Applications are due three weeks before the scheduled City Council meeting. Applicants
will be informed 1-2 weeks prior to the City Council meeting regarding the status of their
request.
Typed applications are preferred. Incomplete applications will be returned to the applicant.
Organizations requesting "seed" money are required to obtain matching funds from other
sources in the same fiscal year before Community Service Grant funds will be released.
For more information on the City of La Quinta Grant program, please contact„the 166
Community Services Department at (760) 777-7090.
2009-2010 COMMUNITY SERVICES
GRANT AWARDS
ATTACHMENT 2
Available Funding for Grants
$100,000
DATE
ORGANIZATION
AMOUNT
REQUESTED
AMOUNT
FUNDED
8/4/2009
Arthritis Foundation
$5,000
$5,000
8/4/2009
C.V. Community Recreation Foundation
$3,000
$3,000
8/4/2009
Desert ARC
$5,000
$1,500
8/4/2009
Desert Classic Councours d'Elegance
$250,000
$5,000
8/4/2009
Healing Horses Therapeutic Riding Center
$5,000
$2,000
8/4/20091NCIGHT
$5,000
$1,000
8/4/2009
La Quinta Chamber of Commerce
$12,000
$5,000
8/4/2009
La Quinta High School Tough Guys & Gals Dance
$2,000
$2,000
8/4/2009
La Quinta Historical Society
$5,000
$2,000
8/4/2009
La Quinta Playhouse
$42,048
$5,000
8/4/2009
McCallum Theatre
$5,000
$0
8/4/2009
National Charity League, Desert Cities Chapter
$5,000
$0
8/4/2009
Soroptimist International
$4,050
$4,050
8/4/2009
Truman Elementary
$3,000
$1,500
TOTAL DISTRIBUTED FUNDS
$37,050
REMAINING BALANCE IN SPECIAL PROJECT CONTINGENCY ACCOUNT $62,950.., 167
ATTACHMENT 3
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CAM OF T 9
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GRANT APPLICATION
FISCAL YEAR 2009-2012
Name of Organization: Olive Crest Treatment Centers Inc.
Amount Requested: $5 000
Contact Person: Tesha Vann Associate Director of Development
Mailing Address: 50855 Washington St Suite 251
City: La Quinta, State: CA Zip Code: 92253
Work Telephone: (760) 564-1430
Cell Phone:
Email Address: Tesha Vann(a)olivecrest org
501(c)3 Taxpayer I.D. Number: 95-2877102
Date Application Submitted: October 1 2009
Applications will receive consideration without discrimination because of race, color, religion, sex,
age, national origin or disability.
168
CITY OF LA QUINTA GRANT APPLICATION
(Typed applications are preferred)
Please check which grant funding you are applying for:
X Community Services Support ($5,000 limit)
Economic Development/Marketing and Sponsorships ($5,000 or less)
Economic Development/Marketing and Sponsorships (above $5,000)
What is the overall purpose or goal of your Organization? Olive Crest transforms the lives
of at risk children through the healing power of family. Olive Crest is dedicated to
preventing child Abuse to treating and educating at -risk children and to preserving the
family "One life at a time."
2. How long has your Organization been in existence? 35 Years _ Months
Describe in general the activities or services of your Organization: Olive Crest provides foster
and adoption specialized education family preservation and residential treatment for
children who have been abused abandoned or neglected
4. How many does your organization currently serve?
No. of Youth 12/1,000* No. of Adults No. of Seniors
How many people do you intend to serve during this Fiscal Year?
No. of Youth 45/6.000* No. of Adults No. of Seniors
6. How many people served during this Fiscal Year will be La Quinta residents?
No. of Youth 5/5* No. of Adults No. of Seniors
*Note: Denotes Coachella Valley region numbers serve and Olive Crest national numbers served
'u•.. 169
How many paid employees/volunteers does your Organization employ?
Full time employees 400 Part time employees 200 Volunteers 200
8. Describe how your Organization is managed and governed: Olive Crest is governed by a
national Board of Directors and CEO who have oversight of all regions. Each
geographic region has a local trustee board and executive director to provide regional
expertise and presence.
9. Please provide information on your Executive Board members or contact person:
Name Title Home Address Phone
Please see attached document for names of local trustees. Contact Tesha Vann for
trustee contact information.
10. What is your annual schedule of events, and during what months does your Organization
operate? Olive Crest operates year-round in the Coachella Valley. Our annual fundraising
luncheon event will be held on December 4 2009 for approximately 250 local
supporters
11. Do you charge admission, membership fees, dues, etc? Yes X No
If yes, please describe:
.,,_ . 170
12. What are your other sources of revenue for this funding year?
Source
Amount
Anderson's Children Foundation
$25,000
Home Depot
$5 000
Conrad N. Hilton Foundation
$15,000
KPSP/Berger Foundation
$25 000
Brinton Family
$3 500
Misc. Community Support
$5 700
Total needed $ 200,000
Total received $ 79,200
Balance $ 120,800
13. Amount of money requested from the City of La Quinta? $ 5,000
14. Has your Organization been funded by the City of La Quinta previously?
X Yes No If yes, when? 8/18/08
15. Please provide the name and address of the bank in which the Organization's funds are kept:
Union Bank Newport Beach Branch
Irvine CA 92612
16. Please provide the name and title of those individuals authorized to sign on the Organization's
account (must provide at least two individuals):
Name:
Donald Verleur
Ed Becker
Title:
CEO
CFO
171
17. Need statement. Clearly and plainly state the specific, detailed reason or need for the requested
funds and how these funds will be used, if awarded. The Coachella Valley Community Center
(CVCC) Community Home Program was designed to intervene prior to abuse by
providing assistance to families experiencing immediate crises By providing safe,
temporary homes for children and support services for parents this program is an
innovative approach to child abuse prevention Funds will be used for utilities costs of
the three CVCC community homes
18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit.
If applying for Economic Development/Marketing and Sponsorships grant funding, please
explain, how the City of La Quinta and/or local businesses would be benefited. The at -risk
children placed in the community homes will benefit from funds to pay for utilities to
ensure a safe warm place to live while they are away from their parents. Children
average a 90-day stay in the community homes and are cared for by loving Olive Crest
volunteer host families.
19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and
your request for funding is above $5,000, you must submit a detailed marketing and media plan
for review by the La Quinta Marketing Committee. Your plan must outline all of your
advertising and marketing strategies (including, but not limited to: print, radio, television, online,
public relations, and signage) and describe how those promotional efforts will benefit the City of
La Quinta. N/A
20. Attach copies of the last three months bank statements for the Organization's checking and
savings account.
21. Attach a copy of your Program Operating Budget for the current year.
22. Non-profit Organizations must attach a copy of the organization's current IRS form 990.
,._. 1 172
ATTACHMENT 4
GRANT APPLICATION
FISCAL YEAR 2009-2010
Name of Organization: Osher Lifelong Learning Institute Cal State U., Palm Desert
Amount Requested: $3 600
Contact Person: Steve McAdams Program Director
Mailing Address: 37-500 Cook Street
City: Palm Desert State: CA Zip Code: 92211
Work Telephone: 760-341-2883, 14428
Cell Telephone: N/A
E-mail Address: mcadamss(a csusb.edu
501(c)3 Taxpayer I.D. Number: 33-0644150 State entity (CSUSB's I.D.)
Date Application Submitted: June 23, 2008
Applications will receive consideration without discrimination because of race, color,
religion, sex, age, national origin or disability.
173
CITY OF LA QUINTA GRANT APPLICATION
(Typed applications are preferred)
Please check which grant funding you are applying for:
Community Services Support ($5,000 limit)
Economic Development/Marketing and Sponsorships ($5,000 or less)
Economic Development/Marketing and Sponsorships (above $5,000)
1. What is the overall purpose or goal of your Organization? To provide stimulating
learning opportunities to people who are generally 50 and older through non-credit
University -level courses Extend the resources of Cal State University & improve
quality of life of our older, non-traditional students & encourage lifelong learning.
2. How long has your Organization been in existence? 6 Years Months
Describe in general the activities or services of your Organization: The Osher Institute
is a member -driven organization intellectually stimulating courses shaped by its
members Courses cover a wide variety of topics & are offered quarterly, usually
for a 6 week period two hours per week. Arts literature, sciences, technology,
history, religion and current events are typical areas of focus.
4. How many people does your Organization currently serve?
No. of Youth No. of Adults No. of Seniors 700 to 800 annually
5. How many people do you intend to serve during this Fiscal Year?
No. of Youth No. of Adults No. of Seniors 700 to 800 annually
6. How many people served during this Fiscal Year will be La Quinta residents?
No. of Youth No. of Adults No. of Seniors Approx. 150 /20% of our members
7. How many paid employees/volunteers does your Organization employ?
Full time employees 2 Part time employees Volunteers
8. Describe how your Organization is managed and governed: One Director and one
Administrative Assistant operate the program M-Fri at 3 locations in the Coachella
Valley (Palm Springs, Palm Desert and La Ouinta). Director develops programs.
Some additional support from main campus in San Bernardino (records, etc.).
Director reports to the College of Extended Learning's Dean in San Bernardino and
also has meets with an advisory board composed entirely of Osher members.
9. Please provide information on your Executive Board members or contact person:
Name Title Home Address Phone
Not Applicable. The Osher Institute does not have an Executive Board since
it is a State entity.
10. What is your annual schedule of events, and during what months does your Organization
operate? The Osher Institute operates on a quarterly basis with roughly 16
courses offered in each quarter of the fall, winter and spring quarters and 5 courses
offered in the summer quarter (53 total courses annually). The Institute offers 4
courses each quarter at the La Ouinta Museum during the non -summer quarters
(12 total courses annually).
11. Do you charge admission, membership fees, dues, etc? _X_ Yes No
If yes, please describe: The Osher Institute is a "self-supporting" membershi
program. Membership for each quarter is $135, which allows members to take ut
to 5 classes at any of the 3 locations in the Coachella Valley. Weekly memberships
are also available for $20, which allows members to take up to 5 classes_ per that
week.
175
12. What are your other sources of revenue for this funding year?
Source Amount
Memberships Fees $87,000
Endowment Revenue $20,000
Total Needed $ 176,500
Total Received $_107,000
Balance $_ (69,500)*
*(The university's College of Extended Learning currently covers Osher's shortage)
13. Amount of money requested from the City of La Quinta? $ 3,600.00
14. Has your Organization been funded by the City of La Quinta previously?
X Yes No If yes, when? _FY 08-09 & FY 07-08
(Reduced rent of LQ Museum classroom fall 2008 & winter & spring 2009.
And LQ Library classroom fall 2007 & winter & spring 2008. See # 17 below.)
15. Please provide the name and address of the bank in which the Organization's funds are
kept: Funds are maintained as part of the University's account with Wells Fargo
Bank. The Osher Institute does not maintain a separate bank account.
16. Please provide the name and title of those individuals authorized to sign on the
Organization's account (must provide at least two individuals):
Name:
Deletta Anderson
Shannon Kelly
Title:
Accounting Director
Associate Director of Accounting
,to.. 17b
17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the
requested funds and how these funds will be used, if awarded. Funds will be used
for reduced rental of the La Quinta Museum's meeting room for Osher classes.
($25 hr x 4hr per day = $100 per day. 12 days per quarter = $1 200 per quarter x 3
quarters = $3 600) The Osher Institute is a self-supporting program of College of
Extended Learning (the college is also a self-supporting unit of the university). We
are thus required to generate all operating funds through membership fees grants
and creative partnerships in the community we serve. Without support from
community organizations services would be greatly limited, and likely only be
offered at our Palm Desert Campus location. Also, membership fees are kept low to
encourage membership registrations from all economic levels. Allowing Osher to
pay this reduced rental rate of $25 per hr, greatly helps us to continue to provide
quality university -level courses to La Quinta's mature residents.
18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will
benefit. If applying for Economic Development/Marketing and Sponsorships grant
funding, please explain how the City of La Quinta and/or local businesses would be
benefited. La Quintals mature learners' quality of life is enhanced by increased
access to university -level courses. Businesses also profit since the program brings
non -La Quinta residents to the area to spend the day in La Quinta where they spend
money on meals and shopping before, between and after attending Osher classes.
19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing
grant and your request for funding is above $5,000, you must submit a detailed
marketing/media plan for review by the La Quinta Marketing Committee. Your plan
must outline all of your advertising and marketing strategies (including, but not limited
to: print, radio, television, online, public relations, and signage) and describe how those
promotional efforts will benefit the City of La Quinta.
20. Attach copies of the last three months bank statements for the Organization's checking
and savings account.
(Accounts are not separate from the University accounts.)
,,... 177
21. Attach a copy of your Program Operating Budget for the current year.
(Please see attached one page budget)
22. Non-profit Organizations must attach a copy of the organization's current IRS
Form 990.
(The Osher Institute is part of a State organization, not a 501(c)3 corp.)
... 178
ATTACHMENT 5
CITY OF LA QUINTA
GRANT APPLICATION
FISCAL YEAR: 2009-2010
Name of Organization: Palm Springs Women in Film and Television
Amount Requested: $3,000.00
Contact Person: Denise DuBarry Hay
Mailing Address: 78-140 Calle Tampico
City: La Quinta State: CA Zip Code: 92253
Home Telephone 760-564-4094 Work Telephone 760-238-0306
E-mail address: dense@kaswit.com
501(c)3 Taxpayer I.D. Number: EIN 42-1616628
Date Submitted: 10/09/09
Applications will receive consideration without discrimination because of race, color,
religion, sex, age, national origin or disability.
17
CITY OF LA QUINTA GRANT APPLICATION (Must be typed)
Please check which grant funding you are applying for:
Community Services Support ($5,000 limit)
x Economic Development/ Marketing and Sponsorships ($5,000 or less)
_Economic Development/ Marketing and Sponsorships ( above $5,000 )
1. What is the overall purpose or goal of your Organization?
To empower, promote mentor and provide professional workshops for women in the
entertainment and media industries. We also promote the idea of filming in the
Coachella Valley ( La Quinta) to the entertainment industry.
2. How long has your Organization been in existence? 8 Years —Months
Describe in general the activities or services of your Organization:
Provide Networkine onnortunities with entertainment industry speakers, held
Primarily at the La Quinta Resort. We also host two websites; one
(womeninfihn.com) geared to promoting local entertainment and media people who
are members of women in film, the other (psfilmoffice.com) acts as a virtual film
office for the Coachella Valley, listing over 400 local productions related personnel
and businesses. The site makes it easy for local producers to find the resources they
need and makes the area more attractive and user friendly to production companies
who come in from the outside area.
4. How many people does your Organization currently serve?
No. of Youth 250 No. of Adults 2.200 No. of Seniors 150
5. How many people do you intend to serve during this Fiscal Year?
No. of Youth 250 No. of Adults 2,200 No. of Seniors 150
6. How many people served during this Fiscal Year will be La Quinta residents?
No. of Youth _?_ No. of Adults _?_ No. of Seniors _?_
7. How many paid employees/volunteers does your Organization employ?
Full time employees _0_ Part time employees _3_ Volunteers _50_
180
8. Describe how your Organization is managed and governed:
The organization is managed through a board of 11 directors a president officers and
a small part time staff.
9. Please provide information on your Executive Board members or contact person:
Name Title Rome Address Phone
Diane Ahlstrom, President 49-455 Coachella Drive La Quinta 760-564-2112
Patti Gribow, Vice President 760-774-1234
Sharon Bell, Secretary 760-636-1446
10. What is your annual schedule of events, and during what months does your
Organization operate?
Networking lunches are held every month except for July and August, mixers,
Professional workshops and seminars are held throughout the year as well as several
parties in conjunction with the PS International Film Festival and annual Academy
Awards Party and The Broken Glass Awards honoring women who have shattered the
proverbial glass ceiling (event is held in November).
11. Do you charge admission, membership fees, dues, etc? _x_ Yes No
If Yes, please describe:
We charge annual dues to join PSWIFT. The dues vary depending on the level of
Membership one chooses to join at.
12. What are your other sources of revenue for this funding year?
Source Amount
The City of Indian Wells $3,000.00
Membership Renewal $ 20,000.00
181
Total Needed $ 30,000.00
Total Received $ 26,000.00
Balance $ 4,000.00
13. Amount of money requested from the City of La Quinta? $ 3,000.00
14. Has your Organization been funded by the City of La Quinta previously?
x Yes If so, when 05/2007 No
15. Please provide the name and address of the bank in which the Organization's funds
are kept:
Pacific Western Bank — 74750 Highway I I I — Indian Wells, CA 92210
16. Please provide the name and title of those individuals authorized to sign on the
organization's account (must provide at least two individuals):
Name:
Diane Ahlstrom
Title:
President
17. Need Statement: Clearly and plainly state the specific, detailed reason or need for
the requested funds and how these funds will be used, if awarded.
These funds are used to continue to build and maintain the psfilmoffice.com website
On which the city of La Quinta has a banner ad and contact information for the city of
and then to market the site heavily to production companies outside the Coachella
Valley. The banner has received a total of 200,000 unique views since it went live in
July of 2006 to a targeted audience of entertainment related professionals. This was
done with very little but efficient media spending.
..... 18 2
18. Goal Statement: Indicate who will benefit from the use of these funds, and how they
will benefit. (If applying for Economic Development/ Marketing and Sponsorships
grant funding, please explain how the City of La Quinta and/or local businesses
would be benefited.)
These funds will benefit the entire community. The first level beneficiaries will be
The individuals and businesses who list themselves on the psfilmoffice.com site but
the goal is to use this site to attract the attention of production companies outside the
valley. The more production done here, the better the chances of those productions
being seen on television and in films which can ultimately have a positive impact on
tourism and improve overall economic development for the entire Coachella Valley.
19. Please provide, as an attachment, copies of the last three months bank
statements for the Organization's checking and savings account.
20. Attach a copy of your Program Operating Budget for the current year.
21. Non-profit Organizations must attach a copy of the organization's current IRS
Form 990.
Due to the efforts of PSWIFT over the past few years, several local filmmakers have
produced films in the area -including "Adopt A Sailor", "Shoot The Hero" and currently
in production "Shakespeare's Cat" These productions provide jobs and training
opportunities for our locals as well as creating awareness for the area to other
independent filmmakers.
183
ATTACHMENT 6
GRANT APPLICATION
FISCAL YEAR 2009-2010
Name of organization. American Diabetes Association
Amount Requested: $5,000
Contact Person: Leslie Pepper
Mailing Address: R.O. Box 13611
City: Palm Desert State: CA Zip Code: 92255
Work Telephone:888-342-2383 x7440
Cell phone: 760-333-4869
E-mail Address: 1pepper@diabetes.org
501(c)3 Taxpayer I.D. Number:13-1623888
Date Application Submitted: October 8, 2009
Applications will receiv a cons ideration without discrim ination because of race, color,
religion, sex, age, national origin or disability.
CITY OF LA QUINTA GRANT APPLICATION
(Typed applications are preferred)
Please check which grant funding you are applying for:
X Community Services Support ($5,000 limit)
Economic Development/Marketing and Sponsorships ($5,000 or less)
Economic Development/Marketing and Sponsorships (above $5,000)
What is the overall purpose or goal of your Organization? The American Diabetes Association
(ADA) is the nation's leading voluntary health organization for nearly 24 million Americans living with diabetes.
Our mission is to prevent and cure diabetes and to improve the lives of all people affected by diabetes.
2. How long has your Organization been in existence? 69 Years
3. Describe in general the activities or services of your Organization:
Months
To fulfill our mission, the
organization funds research, publishes scientific findings, provides information and education to people
with diabetes, their families, health pre professionals and the public, and advocates for scientific research for
the rights of people with diabetes. The ADA conducts programs in all 50 states, including Riverside County.
4. How many people does your Organization currently serve?
There are an estimated 200,000 people living with diabetes in Riverside County.
No. of Youth Not known No. of Adults Not known No. of Seniors Not known
5. How many people do you intend to serve during this Fiscal Year?
We estimate that we will serve 20,000 Riverside County residents in 2009.
No. of Youth Not known No. of Adults Not known No. of Seniors Not known
6. How many people served during this Fiscal Year will be La Quinta residents?
No. of Youth Not known No. of Adults Not known No. of Seniors Not known
7.
8.
10.
11.
How many paid employees/volunteers does your Organization employ?
'These numbers are for Riverside County only and not the Greater San Diego area.
Full time employees 4 Part time employees 0 Volunteers 500
Describe how your Organization is managed and governed:
From a fiduciary and legal standpoint, the national Board of Directors governs the
ADA. Community Leadership Boards lead community activities at the local level.
Please provide information on your Executive Board members or contact person:
Name Title Hom a Address Phone
Please refer to the roster list of ADA's 2009 Board of Directors.
What is your annual schedule of events, and during what months does your Organization
operate? We operate year-round. For a complete list of our activities, including our
programs and special events, please refer to the 1-page summary.
Do you charge admission, membership fees, dues, etc? Yes X No
If yes, please describe:
186
12. What are your other sources of revenue for this funding year?
*These sources are for the ADA, Greater San Diego office, including Riverside.
Source Am
*Individual Gifts
*Corporations and Foundations
*Workplace Giving
*Net Special Events
*Other
Total
Total
Balance
Needed $.
Received
1,243,869
t 1,233,869
$ 10,000
ount
$20,000
$63,000
$149,960
$896,609
$114,300
13. Amount of money requested from the City of La Quinta? $ 5,000
14, Has your Organization been funded by the City of La Quinta previously?
Yes X No If yes, when?
15. Please provide the nam a and address of the bank in which the Or ganization's funds are
kept: Bank of America
16. Please p rovide the nam a and title of those individu als authorized to sign o n the
Organization's account (must provide at least two individuals):
Name: Title
Kathryn Croskrey
Lori Stevens
Executive Director
Vice President, Western Region
187
17. Need Statement. Clearly and plainly state th a specific, detailed reason or need for the
requested funds and how these funds will be used, if awarded.
Funds would be used to support our annual walk, Step Out: Walk to Fight Diabetes, to be held
on Saturday, November 7, 2009 at the La Quinta Community Recreation Center. With over 500
people expected to participate, funds would help to underwrite the costs of the event, support the
American Diabetes Association's (ADA) efforts to increase awareness about the growing
prevalence of diabetes in our community, and support the ADA's programmatic efforts to provide
information, research and advocacy to residents in La Quinta and throughout Riverside County.
18, Goal Statement. Indicate who will benefit from the use of these funds, and how they will
benefit. If applying for Econom is Developm ent/Marketing and Sponsorships grant
funding, please explain how the City of La Quinta and/or local businesses would be
benefited. Residents of the City of La Quinta and throughout Riverside County stand
to benefit from the use of these funds. By supporting our annual walk, the City of
La Quinta supports the ADA's ability to provide services for all people affected
by diabetes, including persons diagnosed with diabetes, their families, health and,
medical professionals, school administrators and their students, and the public at large.
19. Marketing/Media Plan. If you are applyi ng f or an Econom is Developm ent/Marketing
grant and your request for funding is above $5,000, you in ust subm it a detailed
marketing/media plan f or review by the La Quinta Mark eting Committee. Your plan
must outline all of your advertising and in arketing strategies (including, but not lim iced
to: print, radio, television, online, public re lations, and signage) and describe how those
promotional efforts will benefit the City of La Quinta.
20. Attach copies of the last three months bank statements for the Organization's
checking and savings account. All of ADA's banking is handled through our
home office in Alexandria, VA; localized bank statements are not available.
21. Attach a copy of your Program Operating Budget for the current year.
Please refer to our 2009 Step Out: Walk to Fight Diabetes - La Quinta budget.
22. Non-profit Organizations must attach a copy of the organization's current IRS
Form 990.
188
ATTACHMENT 7
r= I
GRANT APPLICATION
FISCAL YEAR 2009-2010
Name of Organization: Integrated Learning Institute
Amount Requested: $5,000.00
Contact Person: Mrs. Cynthia Moses
Mailing Address: 77570 Springfield Ln., Suite C
City: Palm Desert State: CA Zip Code: 92211
Work Telephone: 760.772.9019
Cell phone: 760.218.9773
E-mail Address: cmoses@integratedlearninginstitute.org
501(c)3 Taxpayer I.D. Number: 900104408
Date Application Submitted: 1 October, 2009
Applications will receive consideration without discrimination because of race, color,
religion, sex, age, national origin or disability.
189
CITY OF LA QUINTA GRANT APPLICATION
(Typed applications are preferred)
Please check which grant funding you are applying for:
X Community Services Support ($5,000 limit)
Economic Development/Marketing and Sponsorships ($5,000 or less)
Economic Development/Marketing and Sponsorships (above $5,000)
What is the overall purpose or goal of your Organization?
To equip individuals with learning problems to become independent learners.
2. How long has your Organization been in existence? 6 Years 2 Months
Describe in general the activities or services of your Organization:
We provide one on one and small group educational therapy. We do community
awareness seminars and we raise money to fund out program.
4. How many people does your Organization currently serve?
No. of Youth 20 No. of Adults 2 No. of Seniors 0
5. How many people do you intend to serve during this Fiscal Year?
No. of Youth 30 No. of Adults 3 No. of Seniors 0
6. How many people served during this Fiscal Year will be La Quinta residents?
No. of Youth 6 No. of Adults 0 No. of Seniors 0
4e» ` 190
7. How many paid employees/volunteers does your Organization employ?
Full time employees 3 Part time employees Volunteers
8. Describe how your Organization is managed and governed: An Executive Board
made up of six people over an Executive Director who conducts operations and
reports to the Board.
9. Please provide information on your Executive Board members or contact person:
Name Title Home Address Phone
Larry Houser Member 43587 Salerno Ct., La Quinta 760.345.6478
Cindy Johnson Secretary 41680 Brownstown Dr., B.D. 760.360.6515
Bob Kingsbury Member 34562 Stage Dr., Thousand Palms 760.343.3180
Debbie Mangus Treasurer 43227 Corte del Oro, La Quinta 760.218.4353
Cynthia Moses President 30200 Desert Rock Rd, Indio Hills 760.218.9773
Terry Pinzon Member 41603 Preston Trail, Palm Desert 760.200.2604
10. What is your annual schedule of events, and during what months does your Organization
operate? We provide educational therapy year round. We participate in commu-
nity information events by having a booth. We conduct "Parents and Friends"
community seminars. Our annual auction dinner is in the spring. This year
we will participate in the Tour de Palm Springs. We promote community
awareness by providing speakers to Rotary and other clubs in the valley.
11. Do you charge admission, membership fees, dues, etc? X Yes No
If yes, please describe:
We charge a reduced fee for services and provide scholarships to families
who cannot afford the fees.
12.
13
14.
What are your other sources of revenue for this funding year?
Source
Fees for Services
Fundraisers
Donations
Interest Income
Total Needed $ 203,375.00
Total Received $ 198,641.00
Balance $ 4,734.00
Amount
$137,771.00
$33,980.00
$12,909.00
Amount of money requested from the City of La Quinta? $5,000.00
$339.00
Has your Organization been funded by the City of La Quinta previously?
X Yes No If yes, when?
2007
15. Please provide the name and address of the bank in which the Organization's funds are
kept: Bank of America, 42095 Washington St., Palm Desert, CA 92211
16.
Please provide the name and title of those individuals authorized to sign on the
Organization's account (must provide at least two individuals):
Name:
Cynthia Moses
Debbie Mangus
Judy Topolinski
Title:
President of the Corporation
Treasurer of the Corporation
Employee of the Corporation
17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the
requested funds and how these funds will be used, if awarded.
1. A server for the office computer network (We have 5 computers connected
to an 8 year old computer that is our current server. Our computer IT technician
says it will fail at any time). 2. One video camcorder and one digital camera
(to use for staff evaluation, student studies, and additions to the web site).
3. Office chairs (Ten student chairs that we have are wearing out).
18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will
benefit. If applying for Economic Development/Marketing and Sponsorships, grant
funding, please explain how the City of La Quinta and/or local businesses would be
benefited. 1. The server to increase administrative efficiency and the ability to maintain
important data. 2. The camcorder and digital camera to facilitate in-house train-
ing and to improve the quality of presentations to the community and the web -
site. 3. The chairs to accommodate our growing student population and their
parents.
19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing
grant and your request for funding is above $5,000, you must submit a detailed
marketing/media plan for review by the La Quinta Marketing Committee. Your plan
must outline all of your advertising and marketing strategies (including, but not limited
to: print, radio, television, online, public relations, and signage) and describe how those
promotional efforts will benefit the City of La Quinta.
20. Attach copies of the last three months bank statements for the Organization's
checking and savings account.
21. Attach a copy of your Program Operating Budget for the current year.
22. Non-profit Organizations must attach a copy of the organization's current IRS
Form 990.
193
ATTACHMENT 8
Emm
GRANT APPLICATION
FISCAL YEAR 2009-2010
Name of Organization: Desert Valley All -Star Mavericks
Amount Requested t a ,SOd `-
Contact Person: Amery or Karen Gonzalez
Mailing Address: 73605 Dinah Shore Drive Building 500 Suite I
City: Palm Desert State: CA Zip Code: 92260
Work Telephone: (760)328-1113
Cell phone: Amy 898-1678 or Karen 641-3791
E-mail Address: rev�ddc ❑ com
501(c)3 Taxpayer I.D. Number: 20-0816236
Date Application Submitted:
Applications will receive consideration without discrimination because of race, color,
religion, sex, age, national origin or disability.
194
CITY OF LA QUINTA GRANT APPLICATION
(Typed applications are preferred)
Please check which grant funding you are applying for:
_X_ Community Services Support (S5,000 limit)
Economic Development/Marketing and Sponsorships ($5,000 or less)
Economic Development/Marketing and Sponsorships (above $5,000)
1. What is the overall purpose or goal of your Organization? Our goal is to provide
each child regardless of economic background the opportunity to successfully
participate and compete as a member of our community -based team. At DVAS,
every child is accepted and trained to their potential It is our hope to positively
shape the lives of all kids who pass through our program. Aside from being a
positive healthytafter-school alternative we emphasize responsibility teamwork
and goal -setting through positive community involvement and representation.
2. How long has your Organization been in existence? _12_ Years _4_ Months
3. Describe in general the activities or services of your Organization: We are a year-
long, competitive all-star cheer and dance program. Our team members compete
throughout the Western United States in various competitions representing the
Coachella Valley. In addition to our team program we also offer low-cost tumbling
and recreational cheer classes for ages three and up We also have partnered with
valley high schools such as La Ouinta High School by allowing them access to our
facility for their team practices.
4. How many people does your Organization currently serve?
No. of Youth —approx. 130 No. of Adults _0_ No. of Seniors _0
How many people doyouintend to serve during this Fiscal Year?
No. of Youth 130+ No. of Adults 0 No. of Seniors
195
6. How many people served during this Fiscal Year will be La Quinta residents?
No. of Youth —approx. 62 No. of Adults _0 No. of Seniors _0_
How many paid employees/volunteers does your Organization employ?
Full time employees _0_ Part time employees _8_ Volunteers _4_
8. Describe how your Organization is managed and governed: Our program is.a 501(c)3
non-profit organization governed by a small board of three The day to day
operations are under the direction of Amy Grey (CEO/Gym Director) and Karen
Gonzalez (Business/Office Manager) We have five paid "team" coaches/instructors
and three class instructors Another three coaches are volunteers in addition to
Director Amy Grey.
9. Please provide information on your Executive Board members or contact person:
Name Title Home Address Phone
Amy Grey President 67345 Garbino Road, 327-5267
& CEO/Director Cathedral City, 92234
Karen Gonzalez Vice Pres/Treasurer 68760 Raposa Road 641-3791
& Business/Office Manager Cathedral City, 92234
Regina Luna Secretary 81-760 Paseo Real 578-9236
Indio, 92201
10. What is your annual schedule of events, and during what months does your Organization
operate? Our pro rg am is year-round beginning in June of each year. We train and
add to our teams throughout the year. We perform at local and community events
throughout the year and begin our formal competitive season in January, ending in
mid -April.
11. Do you charge admission, membership fees, dues. etc? _X_ Yes No
If yes, please describe: Member pay a monthly tuition to cover operating costs such as rent.
utilities liability insurance and coaches Additional costs may involve uniform and 196
supplies camps and competition entry fees — all costs that we help to offset through
various fund raising activities and securing community sponsorships and donations.
12. What are your other sources of revenue for this funding year?
Source Amount
Various fundraisers (raffle cookie/cheesecake sales candles etc.) $10,000
Donations and/or sponsorships (secured by members) $5,000
Payments by members amount varies depending upon
amount raised through fundraisers.
Total Needed $_150,000 approx.
Total Received $_ 15,000 + (depending on payments required)
Balance $ 130,000
13. Amount of money requested from the City of La Quinta? $ 5,000
t4. Has your Organization been funded by the City of La Quinta previously?
Yes X No If yes, when?
15. Please provide the name and address of the bank in which the Organization's funds are
kept: Bank of America 68435E Palm Canyon Drive Cathedral City, CA 92234
16. Please provide the name and title of those individuals authorized to sign on the
Organization's account (must provide at least two individuals):
Name: Title:
Amy Grey CEO/Director
Karen Gonzalez Business/Office Manager
197
17, Need Statement. Clearly and plainly state the specific, detailed reason or need for the
requested funds and how these funds will be used, if awarded. Due to the economic
times participation in our program (or any extra activity) is one of the first to be
cut in any household budget Consequently, our enrollment over the past year has
decreased effecting our ability to continue operating such as we have over the past
12 years of existence Funding would provide us the opportunity to maintain our
facility, as well as increase partial and full scholarships that can be offered to
qualified potential members who would not be able to participate without financial
assistance In addition we are also hoping to also secure enough funding so that we
can improve our equipment and purchase additional ma�a.and training equipment.
18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will
benefit. If applying for Economic Development/Marketing and Sponsorships grant
funding, please explain how the City of La Quinta and/or local businesses would be
benefited. Our goal is to help enhance the lives of Coachella Valley children, ages 3-
18 by providing the opportunity to participate in a quality, competitive and
recreational cheerleading and dance program We help build self-confidence and
improve overall physical fitness of the youth we serve. Our family -oriented,
passionate team of coaches and staff aim to teach our members that hard work and
dedication leads to positive results; a lesson that will continue throughout their
childhood and adult life.
19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing
grant and your request for funding is above $5.000, you must submit a detailed
marketing/media plan for review by the La Quinta Marketing Committee. Your plan
must outline all of your advertising and marketing strategies (including, but not limited
to: print, radio, television, online, public relations, and signage) and describe how those
promotional efforts will benefit the City of La Quinta. N/A
20. Attach copies of the last three months bank statements for the Organization's
checking and savings account. attached
21. Attach a copy of your Program Operating Budget for the current year. attached
22. Non-profit Organizations must attach a copy of the organization's current IRS
Form 990. (attached)
... 199
ATTACHMENT 9
LE. qW,
GRANT APPLICATION
FISCAL YEAR 2009-2010
Name of Organization:
Red Hot Ballroom Inc.
Amount Requested:
$5 000 00
Contact Person:
Bob Horn
Mailing Address:
78206 Varner Rd, Ste D-27
City: Palm Desert
State: CA Zip Code: 92211
Work Telephone:
760-469-3430
Cell phone:
760-413-3593
E-mail Address: robertnancyh g earthlink net
501(c)3 Taxpayer I.D. Number: EIN• 27-0201559 1 C C> r (-
Date Application_ Submitted: October 5 2009
Applications will receive consideration without discrimination because of race, color,
religion, sex, age, national origin or disability.
200
CITY OF LA QUINTA GRANT APPLICATION
(Typed applications are preferred)
Please check which grant funding you are applying for:
X_ Community Services Support ($5,000 limit)
Economic Development/Marketing and Sponsorships ($5,000 or less)
Economic Development/Marketing and Sponsorships (above $5,000)
What is the overall purpose or goal of your Organization? Red Hot Ballroom supports
the school district's after school programs by 28 weeks of ballroom dance instruction for
4s 5' and 6s' graders In May, the program culminates with a interschool dance
competition.
2. How long has your Organization been in existence? Years _6 Months
3. Describe in general the activities or services of your Organization: Each week, we will
be teaching school teachers and staff representing the schools participating in the
program ballroom dancing They in turnwill be setting up ballroom dance clubs and
teaching the students to dance We have as volunteers "Dance Amigos", (experienced
dancers) who will be assigned specific schools to support the teachers in teaching. We
will organize and produce the May Dance Competition This involves obtaining dance
outfits trophies awards and dance scholarships
4. How many people does your Organization currently serve?
No. of Youth 1,800 No. of Adults _76 No. of Seniors _28
5. How many people do you intend to serve during this Fiscal Year?
No. of Youth _1,800 No. of Adults _76 No. of Seniors _28_
6. How many people served during this Fiscal Year will be La Quinta residents?
No. of Youth 120 No. of Adults 18 No. of Seniors _8
211
How many paid employees/volunteers does your Organization employ?
Full time employees Part time employees _5_ Volunteers _21_
8. Describe how your Organization is managed and governed: Red Hot Ballroom
Inc. is managed by two dance professionals and the day to day instruction is by six dance
masters and their assistants teaching the school teachers and staff. Attached is a resume
on the two dance professionals, who have an extensive background in teaching dance
over the past 18 years.
9. Please provide information on your Executive Board members or contact person:
Name Title Home Address Phone
Robert Horn President 80739 Avenida San Ignacio, Indio, CA 760-4123-3593
Nancy Horn Vice -President 80739 Ave. San Ignacio, Indio, CA 760-469-3430
10. What is your annual schedule of events, and during what months does your Organization
operate? For the Desert Sands Unified School District it is a 28 week program starting
October 28a' and concluding in Mid -May 2010 with a Dance Competition.
11. Do you charge admission, membership fees, dues, etc? Yes X_ No
If yes, please describe:
202
12.
13.
14.
What are your other sources. of revenue for this funding year?
Source
Desert Sands Unified School District's ASES Funding_
Fund Raisers & Individual Donations
Indio Youth Task Force
Solicitation of Grants from Foundations and Cities
Total Needed $ 37,775
Total Received $ 30,200
Balance $ 7,575
Amount
$21,000
$ 4,000
$ 5,200
$ Unknown
Amount of money requested from the City of La Quinta? $ $5,000
Has your Organization been funded by the City of La Quinta previously?
Yes x No If yes, when?
15. Please provide the name and address of the bank in which the Organization's funds are
kept: Wells Fargo Bank 77952 Country Club Drive, Palm Desert, CA 92211
16. Please provide the name and title of those individuals authorized to sign on the
Organization's account (must provide at least two individuals):
Name: Title:
Robert Horn President
Nancy Horn Vice President
17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the
requested funds and how these funds will be used, if awarded. These funds will be
used primarily to assist the school district in purchasing, dance outfits, trophies and
awards, dance competition expenses and salaries.
18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will
benefit. If applying for Economic Development/Marketing and Sponsorships grant
funding, please explain how the City of La Quinta and/or local businesses would be
benefited. The big beneficiaries are the children, where we build their self esteem,
self confidence, grade point average and much needed exercise. The students learn
valuable lessons in self-control, respect, manners, and poise.
19. Marketing/media Plan. If you are applying for an Economic Development/Marketing
grant and your request for funding is above $5,000, you must submit a detailed
marketing/media plan for review by the La Quinta Marketing Committee. Your plan
must outline all of your advertising and marketing strategies (including, but not limited
to: print, radio, television, online, public relations, and signage) and describe how those
promotional efforts will benefit the City of La Quinta.
20. Attach copies of the last three months bank statements for the Organization's
checking and savings account.
21. Attach a copy of your Program Operat What is the overall purpose or goal of your
Organization? Red Hot Ballroom supports the school district's after school programs by
28 weeks of ballroom dance instruction for 4s 5th, and 60' graders. In May, the program
culminates with a interschool dance competition. ing Budget for the current year.
22. Non-profit Organizations must attach a copy of the organization's current IRS
Form 990.
GRANT APPLICATION
FISCAL YEAR 2009-2010
ATTACHMENT 10
Name of Organization: Dancing with Our Stars — A Charity Affaire
Amount Requested: $5,000
Contact Person: Lynne Bunch
Mailing Address: P.O. Box 11712
City: Palm Desert
Work Telephone: 760-218-1687
Cell phone: 760-218-1687
E-mail Address: lynnc@acharityaffaire.com
State: Zip Code: CA 92255
501(c)3 Taxpayer I.D. Number: Application in progress
Date Application Submitted: September 15, 2009
Applications will receive consideration without discrimination because of race, color,
religion, sex, age, national origin or disability.
CITY OF LA QUINTA GRANT APPLICATION
(Typed applications are preferred)
Please check which grant funding you are applying for:
_X Community Services Support ($5,000 limit)
Economic Development/Marketing and Sponsorships ($5,000 or less)
Economic Development/Marketing and Sponsorships (above $5,000)
1. What is the overall purpose or goal of your Organization?
To provide innovative fundraisers to La Quinta and valley -wide non -profits.
2. How long has your Organization been inexistence? —3_ Years 11 Months
3. Describe in general the activities or services of your Organization:
Our bi-annual Dancing with Our Stars provides a gala event in a multi -charities event that enables the
charities to raise funds that result in services for residents in La Quinta as well as other areas. We have
raised close to $300,000 for over 50 non -profits.
The non -profits we have served with this event are: Alzheimer's Association, American Cancer Society -
Discovery Shops, Angel Light Academy, Angel View Children's Foundation, Animal Samaritans, Armed
Forces Foundation, Arthritis Foundation, Assistance League, Betty Ford Center Children's Program, Big
Hearts for Little Hearts, Braille Institute, Cathedral City Senior Center, Center for Spiritual Living (Costa
Mesa) Children's Discovery Museum of the Desert, City of Hope, Coachella Valley Community Recreation
Foundation, Coachella Valley Women's Business Center, COD's Institute for Sales &; Service Excellence,
Community Center at Tierra del Sol, Cornerstone Covenant Church, Community Blood Bank, DesertArc,
Desert Samaritans for the Elderly, Fashion Group Foundation, Foundation of PSUSD 24/7 Laptop Program,
German Shepherd Rescue (Costa Mesa), Gilda's Club Desert Cities, Guide Dogs of America, Indio
Performing Arts Studio, Indio Youth Task Force, Joslyn Senior Center, Living Free Animal Sanctuary,
Loma Linda University Children's Hospital, Mourning Star Center of the VNAIC, Natalie Tanner
205
Foundation, National MS Society, Olive Crest Homes for Abused & Neglected Children, Palm Springs Art
Museum, Palm Springs Historical Society, Parkinson Resource Organization, Partnership for the End of
Life Choices, Paws & Hearts, Red Hot Ballroom, RSCD Spiritual Center, SafeHouse of the Desert, Save A
Pet, Soroptimist Int'1. of Palm Springs, Stand-up for Kids (Costa Mesa), Starkey Hearing Foundation, St.
Margaret's Episcopal 8th Grade Washington D.C. Trip, The First Tee, The Girlfriend Factor, Theresa Wish -
Making Memories Breast Cancer Fund, Tour de Palm Springs, Variety Children's Chanty and Wounded
Warrior Project.
4. How many people does your Organization currently serve?
No. of Youth 3,000 No. of Adults _5,500 No. of Seniors 1,500
5. How many people do you intend to serve during this Fiscal Year?
No. of Youth _2,500 No. of Adults 6,000 No. of Seniors _2,000
6. How many people served during this Fiscal Year will be La Quinta residents?
No. of Youth 300 No. of Adults 1,000 No. of Seniors 500
7. How many paid employees/volunteers does your Organization employ?
Full time employees _1 Part time employees Volunteers 25
8. Describe how your Organization is managed and governed:
It is managed by Lynne Bunch and the Resource Council consisting of Mandy Nordenstrom, Cindy Woodward,
Bria Barton and Barbara Forde.
9. Please provide information on your Executive Board members or contact person:
Name Title Home Address Phone
Lynne Bunch Executive Director 44621 Dakota Trl., Indian Wells, CA 92210 760-218-1687
10. What is your annual schedule of events, and during what months does your Organization operate?
February — Rancho Mirage Women's Club Fashion Show
March — Tim Barry's Pre -Memorial Irish Open Golf Tournament
April — Dancing with Our Stars — La Quinta (2010)
June — Orange County Dancing with Our Stars
July -August — non operational
November — Dancing with Our Stars - La Quinta, Save a Pet Luncheon & Fashion Show
December — Palm Springs Youth Chanties Golf Tournament
11. Do you charge admission, membership fees, dues, etc? _X Yes No
If yes, please describe:
Admission
12. What are your other sources of revenue for this funding year?
Program Ads, Sponsorships
Source Amount
Total Needed $ 45000
Total Received $ 34.000
Balance $_11,000
13. Amount of money requested from the City of La Quinta?
$5,000 206
14. Has your Organization been funded by the City of La Quinta previously?
Yes X No If yes, when?
15. Please provide the name and address of the bank in which the Organization's funds are kept:
Sunrise Community Bank
41990 Cook St., Ste. 701
Palm Desert, CA 92211
16. Please provide the name and title of those individuals authorized to sign on the
Organization's account (must provide at least two individuals):
Name: Lynne Bunch
Title: Executive Director
Name: Bria Barton
Title: Secretary
17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the
requested funds and how these funds will be used, if awarded. -
Our event, Dancing with Our Stars has been in Indian since its inception in 2006. We are very excited to call
La Quinta our "New Home" for this event and with plans to continue in La Quinta for our two events in 2010.
Embassy Suites has been especially accommodating and want to ensure our marketing and advertising benefits
the City of La Quinta. We want to provide the residents with another cultural event to attend on a bi-annual
basis. One of our chanties is a cancer fund that will raise money for those in need of financial help if they are
experiencing hardships due to the cancer. La Quinta residents will be able to apply for a portion of these funds
raised.
These funds will be used to ensure we can put on a quality event and add advertising to our budget to highlight
the event, the chanties and our new "home" in La Quinta.
18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If
applying for Economic Development/Marketing and Sponsorships grant
funding, please explain how the City of La Quinta and/or local businesses would be
benefited.
To provide the City of La Quinta with a quality fundraising event that helps promote the attributes of La Quinta,
its businesses and residents and utilize multiple chanties benefiting those in need in La Quinta and the
Coachella Valley.
19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing
grant and your request for funding is above $5,000, you must submit a detailed
marketing/media plan for review by the La Quinta Marketing Committee. Your plan
must outline all of your advertising and marketing strategies (including, but not limited
to: print, radio, television, online, public relations, and signage) and describe how those
promotional efforts will benefit the City of La Quinta.
I. PSA's to all newspapers, radio and TV
II. Submit event to all calendar sections of Palm Springs Life, Desert Entertainer, The Desert Sun and
all TV stations
III. Provide each chanty with a customized marketing slide show highlighting their dancer, the charity's
mission statement and how to donate and attend. This is used in world-wide email blasts as well as
on the internet on the event's website and each charity's website. The City of La Quinta's logo and
pictures of the town would be included.
IV. Signage in Old Town businesses and other appropriate businesses valley -wide.
2vl
V. The fact that the event is held at the Embassy Suites — La Quinta is on all
collateral
20. Attach copies of the last three months bank statements for the Organization's
checking and savings account.
Attached
21. Attach a copy of your Program Operating Budget for the current year.
Attached
22.
Non-profit Organizations must attach a copy of the organization's current IRS
Form 990.
Application is currently in progress.
208
� o
c� 5
CE OF
COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Consideration of an Ordinance Adding
Subsection 12.69 to Chapter 12 of the La Quinta
Municipal Code, Pertaining to Regulations for Golf
Carts on Certain Streets, and Associated Materials to
Implement Phase I of the Golf Cart Plan
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: c`—
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Motion to take up Ordinance No. _, by title and number only and waive further
reading.
Motion to introduce Ordinance No. _, on first reading amending the La Quinta Charter
and Municipal Code to add Subsection 12.69 to Chapter 12 implementing a Golf Cart
Program.
FISCAL IMPLICATIONS:
The improvements proposed will result in an expenditure of approximately $347,436
to implement the program. These improvements and costs were included in the Fiscal
Year 2007-2008 Budget and have been carried over to the Fiscal Year 2008-2009 and
Fiscal Year 2009-2010 Capital Improvement Program (CIP).
Staff will be recommending a two-year renewable permit fee of $20.00. Adoption of
the fee will require a public hearing which will be noticed for November17. The cost
to issue a permit was calculated based upon the cost of one hour for a Code
Compliance Officer to perform an inspection and issue the permit, and a quarter of an
hour for a Finance Account Clerk to process the application, for a total of $59.40.
The Cities of Palm Desert and Rancho Mirage have a $10.00 permit fee.
CHARTER CITY IMPLICATIONS:
None.
209
BACKGROUND AND OVERVIEW:
This item was originally before Council in July 2007. Following discussion, Council
moved to take up the Ordinance on first reading, but asked staff to bring back a report,
prior to the second reading that would address the questions that were raised during
the meeting. The second reading was not to be held until the Plan was ready to go
into effect. A report was brought back to Council in February 2008, and the item was
continued to April 15, 2008. At that time, the item was tabled due to the number of
questions raised by Council and to complete capital improvements.
Golf Carts on Certain Streets Ordinance
The draft Ordinance that is being introduced at this time amends the Municipal Code to
add Subsection 12.69 to Chapter 12. This Ordinance is required by State law and
provides the legislative authority for allowing golf carts on designated public streets
and golf cart paths at a maximum speed of 15 mph. There are two circumstances
where a golf cart can operate on a public street pursuant to this Golf Cart Plan. First,
a golf cart can operate on streets where there is a striped golf cart lane (similar to bike
lanes). Second, a golf cart can be operated on public streets with signs posted on
roadways with speed limits of 25 mph or less. Key provisions include:
1. Definition of golf cart paths;
2. Golf cart licensing criteria;
3. Safety criteria for golf cart operation; and
4. The golf cart permitting process.
The draft Ordinance is similar to existing ordinances currently in effect for the Cities of
Palm Desert and Rancho Mirage. The draft Ordinance includes standards and
requirements of State law, with three exceptions: 1) the requirement for seatbelts and
2) covered passenger compartments. These were added to increase the level of safety
for drivers and passengers and increase the visibility for golf carts. The third exception
is for a school district's maintenance crew to drive on sidewalks. The La Quinta Police
Department has reviewed the Ordinance and Plan on several occasions and their
suggestions have been integrated into the Ordinance.
In addition to the Ordinance, staff is drafting an informational brochure entitled
"Welcome to the City of La Quinta Golf Cart Program." The brochure will include a
Map of Phase I (Attachment 1), the licensing and safety criteria, and the permitting
process for the golf carts. It also identifies the Building and Safety Department as the
designated Department to carry out inspections of the golf carts and issue permits.
The Finance Department will handle collection of the fees.
Golf Cart Plan Process
According to the California Vehicle Code, in order to adopt a Golf Cart Plan, a city
must first establish a Golf Cart Transportation Program. La Quinta chose to do this as
part of the overall review and approval process for the General Plan Update in 2002.
210
After Council's initial review of the City-wide Golf Cart Plan, staff was directed to
scale down the golf cart routes to provide a "Pilot Program" limited primarily to the
Village, areas surrounding the Village, the SilverRock Resort, and La Quinta Resort.
Staff then identified the streets that would be used in Phase I and the capital
improvements that would be needed. These improvements have been, or are being
completed.
Of the remaining critical improvements yet to be installed are the traffic calming
devices on Avenida Bermudas and Desert Club Drive. In order to slow traffic, speed
humps and speed tables will be installed in November through early December to
reduce the speed. Once these traffic calming improvements are made, a new speed
survey will be conducted in mid -December. Additionally, a signal at Desert Club Drive
and Avenue 52 is being awarded under a separate report which will be installed by
early 2010.
Altogether, the costs associated with improvements required to implement Phase I
were estimated at $347,436, including the installation of a charging station to be
located at the Village parking lot. As a result of discussions with the City of Palm
Desert, staff is recommending the design and construction of the proposed charging
station be deferred. Palm Desert staff has reported that their existing charging station
is not being used since the battery charging time is not fast enough to be useful.
Should battery and charging station technology improve in the future, a charging
station could be installed.
Questions Raised by Council
As stated previously, Council raised some specific questions in regard to the Golf Cart
Plan. These and other questions that have been raised by interested parties are
addressed below.
Are 16 year old drivers allowed to drive golf carts?
The Vehicle Code is silent on the issue of golf carts and minor drivers. Section
1961(c) of the Vehicle Code states: "Operators shall be required to possess a valid
California driver's license and to comply with the financial responsibility requirements
established pursuant to Chapter 1 of Division 7." However, minor drivers are limited in
their privileges with provisional drivers' licenses, and the same restrictions would apply
to golf carts, i.e., if the driver is under 18, he or she cannot drive with a passenger
unless accompanied by an adult.
Why is there a limitation for two people golf carts?
Section 1951 of the Streets and Highways Code defines a golf cart as "... designated
to carry golf equipment and not more than two persons..." A golf cart designed to
carry more than two persons would not meet the State definition of a golf cart. It
would be considered a motor vehicle required to be registered by the Department of
Motor Vehicles (DMV) and comply with all motor vehicle regulations.
211
Are ignition locks versus door locks, and a covered passenger compartment required?
Section 1961 of the Streets and Highways Code, includes minimum standards for golf
carts. These standards do not require locks, seatbelts, or covered passenger
compartments, but states, "...may include requirements for seatbelts and a covered
passenger compartment." The State Vehicle Code does not define what specific
equipment is required. However, it does states a golf cart is designed to carry two
persons, the weight cannot exceed 1,300 pounds, and is designed to not operate at
more than 15 miles per hour. For the safety of the drivers and passengers, staff has
added the requirement for seatbelts and a covered passenger compartment, but locks
are left up to the owners' discretion. The Cities of Palm Desert and Rancho Mirage
have similar requirements.
Another question was raised regarding the use of alcohol and driving golf carts on City
streets. It should be well known that any motorized vehicle on any street is subject to
the same laws and citations. If a golf cart operator is found to be drinking while
driving or an open container is seen, law enforcement personnel will act pursuant to
those regulations.
Staff has also revised the Ordinance to designate the Public Works Director with the
authority to add or delete golf cart routes as deemed appropriate. This will allow
flexibility as the Plan develops to add, delete, or reroute the cart path to meet the
needs of the residents. With the completion of the above, "Phase I" is ready to be
implemented.
Proposed Future Phases
Pursuant to previous City Council direction, future phases of the Golf Cart Plan should
be evaluated after the "Pilot Program" has operated for a period of time. The City's
General Plan has a comprehensive network of future golf cart routes and as noted in
this report the Golf Cart Master Plan should be updated as part of the General Plan
Update.
In addition, staff recommends the City Council direct staff to evaluate and bring back a
recommendation regarding a provision in the State Vehicle Code which allows the
following: Section 21114.5, allows "...physically disabled persons, or persons 50
years of age or older, or, while in the course of their employment, by employees of the
United States Postal Service, state and local governmental agencies, or utility
companies, on public sidewalks;" as well as "...to apply to the local authority for a
permit and an identification sticker to so operate the cart, and requiring the person to
affix the sticker to the cart in order to operate it on the sidewalk."
This Vehicle Code section would allow electric carts on all sidewalks for individuals
over 50 years of age. Staff needs to further evaluate this Code section as well as the
safety of allowing golf carts on all sidewalks. City sidewalks have been installed at
212
various widths ranging from four feet to eight feet in width. In addition to the physical
constraints, staff is also concerned about the equity and enforcement issues if a dual
golf cart plan based on age is implemented. Lastly, staff has been unable to identify a
city that has implemented this section of the State Vehicle Code.
Staff has been contacted by numerous individuals regarding the City's Golf Cart Plan.
Comments and suggestions have been discussed with residents and most concerns are
adequately addressed within the draft Ordinance.
A letter was received by Mr. Conly, a resident of Lake La Quinta, with a petition dated
January 6, 2008 (Attachment 2) requesting golf carts be permitted on the sidewalks
on Washington Street, particularly between Avenue 47 and the Vons Shopping Center,
and on Highway 1 1 1 between the Vons Shopping Center and the City of Indian Wells
boundary. Mr. Conly's letter states that golf carts have been impounded and/or fined
for traveling in these areas in the past. Staff has spoken to the La Quinta Police
Department on this issue and there have been occasions where golf carts have been
ticketed and/or impounded for driving on Highway 1 1 1. Until future phases of the Plan
are adopted by Council, the La Quinta Police Department will continue to enforce the
Vehicle Code.
In his letter Mr. Conly references the General Plan Golf Cart Route Map as including
Washington Street or Highway 111 . As Council is aware, due primarily to the costs
associated with improvements, the City is implementing the Golf Cart Plan in phases.
The first phase does not include any street north of Avenue 50 with the exception of
that portion of Eisenhower Drive by the La Quinta Resort. In addition, sidewalks on
Washington Street (in several areas) are currently not wide enough to meet the golf
cart off-street path requirements. Therefore, Mr. Conly's request cannot be
accommodated by the proposed Plan. Washington Street could be included in a later
phase of the program.
Currently, the City's General Plan does not include a golf cart path on Highway 111
adjacent to the Von's Shopping Center. This was because Highway 1 1 1 at that time
was under the jurisdiction of Caltrans. Now that the City controls Highway 1 1 1, the
City may want to study additional golf cart routes as part of the upcoming General
Plan Update.
Staff checked with the Cities of Palm Desert and Rancho Mirage regarding the number
of permits issued to see their level of interest. Palm Desert has issued 140 permits
and Rancho Mirage has an average of 200 active permits at any one time.
Neighborhood Electric Vehicle
Staff has not included any reference to "Neighborhood Electric Vehicle" (NEV) in the
Ordinance. The primary difference between a golf cart and an NEV is the speed in
213
which they can travel (25 mph,) and what streets they are allowed to travel on (streets
with a speed limit of 35 mph or less) per the State Vehicle Code. Currently there are
only two cities (Lincoln and Rocklin) in California who have adopted NEV
Transportation Plans (via special legislation). In April of this year, Senator Benoit
introduced a Bill (SB 663) in the State Legislature to allow the City of Palm Desert to
establish an NEV Transportation Plan. Due to the complexity of adopting an NEV Plan,
staff has concentrated on the implementation of the Golf Cart Plan for Phase I and not
included NEVs in the Ordinance. Staff recommends the City's General Plan Update
evaluate adding a NEV program to the City's Transportation Element.
Based on this information, staff is requesting Council adopt the attached Ordinance
establishing a Golf Cart Plan. Once adopted, the Ordinance will go into effect on
January 1, 2010.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Council include:
1. Motion to take up Ordinance No. , by title and number only and waive
further reading. Motion to introduce Ordinance No. _, on first reading
amending the La Quinta Charter and Municipal Code to add Subsection 12.69 to
Chapter 12 implementing a Golf Cart Plan; or
2. Do not introduce an Ordinance amending the La Quinta Charter and Municipal
Code to add Subsection 12.69; or
3. Provide staff with alternative direction
ReAas
y sub ' ted,
DoEvans
Assistant City Manager -Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Map of Phase 1
2. Letter from Mr. A. Glen Conly
214
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADDING
CHAPTER 12.69 TO TITLE 12 OF THE LA
QUINTA MUNICIPAL CODE, PERTAINING TO
REGULATIONS FOR GOLF CARTS ON CERTAIN
STREETS
WHEREAS, the California Vehicle Code prohibits the use of golf carts on
public streets except as permitted in California Vehicle Code 21115, 21115.1 and
21716; and
WHEREAS, the City established a Golf Cart Transportation Plan as part of its
General Plan Update process, adopted on March 20, 2002; and
WHEREAS, in order to operate a golf cart on public streets in the City, the
City Council finds that specific standards and requirements are necessary to
preserve the public health and safety.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of La
Quinta does ordain as follows:
SECTION 1. Title 12 of the La Quinta Municipal Code is hereby amended to
add Chapter 12.69, to read as follows:
12.69.010 Purpose and Intent. The California Streets and Highways Code,
Sections 1950 through 1961, authorize local jurisdictions to establish golf cart
transportation plans within their boundaries, under certain conditions and with
certain requirements. The City has established the Golf Cart Transportation Plan in
its General Plan and intends, by the addition of this Chapter of the Municipal Code,
to establish standards, requirements and procedures for the implementation of the
Golf Cart Transportation Plan.
12.69.020 Definitions. As used in this Chapter, the following words and phrases
shall have the following meaning:
"City" means the City of La Quinta.
"Golf Cart" means a four -wheeled electric motor vehicle with an unladen weight of
less than one thousand three hundred pounds (1,300), which is designed to be,
and is operated at not more than 15 miles per hour, and is designed to carry golf
equipment and no more than two persons, including the driver.
•• 215
Ordinance No.
Golf Cart Program
Adopted:
Page 2 of 6
"Golf Cart Paths" or "Golf Cart Routes" means all City -owned travel ways that
allow golf cart travel, including roadways.
There shall be three categories of golf cart paths:
1. Class I golf cart paths provide an area separate from the roadway used by
automobile traffic for shared one-way or two-way golf carts, bicycles,
pedestrians, and equestrians.
2. Class II golf cart paths provide a striped eight -foot lane for one-way golf cart
and bicycle travel on a street or highway.
3. Class III golf cart paths provide for shared use with automobile and bicycle
traffic. Class III paths are established by placing Golf Cart Route signs along
roadways with speed limits of 25 miles per hour or less in order to link them
to Class I or Class II paths.
"Golf Cart Route" means the map depicting routes and crossings that will be
constructed, posted and designated for use by permitted golf carts.
12.69.030 Minimum design criteria for golf carts.
All golf carts traveling on any golf cart path in the City must meet the following
minimum design criteria:
1. The golf cart must be electrically powered.
2. The golf cart must be equipped and safely operated with all of the following
equipment:
a. Red reflectors;
b. Parking brake;
C. Horn;
d. Headlights, brake lights and rear lights;
e. Front and rear turn signal indicator lights;
f. Windshield;
g. Seat belts;
h. Covered passenger compartment;
i. Mirror combination (left and right side mirrors, left and rear mirrors, or
multi -directional cross bar mirror) and unobstructed view to the rear
from the driver's seat.
12.69.040 Minimum safety criteria for operation of golf cart.
rr�.. 216
Ordinance No.
Golf Cart Program
Adopted:
Page 3 of 6
All golf cart operators operating golf carts on any golf cart path in the City must
conform to the following operator requirements and safety criteria:
1. Golf cart operators must be licensed drivers in the State of California with
valid California Driver's license, or have a valid driver's license issued by a
jurisdiction in accordance with Vehicles Code Sections 12502-12505.
2. Golf cart operators must comply with the financial responsibility
requirements (insurance) established pursuant to Chapter 1 (commencing
with Section 16000) of Division 7 of the California Vehicle Code.
3. No golf cart shall be operated on golf cart paths or Golf Cart Routes within
the City without a current golf cart permit decal visibly displayed on the right
rear, fender of the golf cart.
4. The golf cart permit shall be valid for two years from the date of issuance.
5. Golf cart operators must maintain the golf cart in a safe condition and be
properly loaded to conform with CVC Section 24002.
6. Golf cart operators may only travel in those golf carts that meet the
minimum design criteria required by Section 12.69.030.
7. Golf carts are limited to daytime operation and are permitted on public
streets only during the time period between one hour prior to sunrise and one
hour after sunset.
8. A maximum of two persons may ride in the golf cart and may only ride in the
main passenger compartment equipped with safety belts. Both driver and
passenger must wear safety belts at all times while the golf cart is being
operated on Class I, II, or III golf cart paths.
9. Golf cart operators must yield the right-of-way to pedestrians, bicyclists, and
equestrians.
10. Golf cart operators may only travel on designated golf cart routes or along
streets with speed limits of 25 miles per hour or less.
11. Golf cart operators may not travel on or along streets with speed limits in
excess of 25 miles per hour except on designated golf cart routes, and shall
only cross at controlled intersections as designated on the golf cart route
map.
12. Golf carts modified by removing any of the above safety equipment or a
modification that in any way creates an unsafe cart will result in the
immediate revocation of the golf cart permit and will be subject to any
violations that apply under the California Vehicle Code. Should a golf cart be
impounded pursuant to a violation under the State Vehicle Code, the
registered owner shall be subject to any regulations imposed by the
impounding authority pursuant to Section 22850.5 of the California Vehicle
Code.
217
Ordinance No.
Golf Cart Program
Adopted:
Page 4 of 6
13. No person shall operate or move a golf cart upon a sidewalk except those
persons who are physically disabled, or persons in the course of their
employment by a state, federal, or local government, or school district
maintenance crew.
12.69.050 Golf cart permit process.
The following golf cart permitting process is established:
1. No golf cart shall be operated on golf cart paths or Golf Cart Routes within
the City without a current golf cart permit decal visibly displayed on the right
rear fender of the golf cart.
2. Persons physically disabled, persons in the course of their employment by a
state, federal, or local government, or school district shall be allowed to
apply for a permit allowing operation of a golf cart on City sidewalks.
3. The golf cart permit shall be valid for two years from the date of issuance.
12.69.060 Golf Cart Routes.
The Public Works Director shall have the authority to add or delete Golf Cart
Routes as the need arises or as conditions change in accordance with this
Ordinance.
12.69.070 Enforcement of Golf Cart Plan.
Any person operating a golf cart in the City in violation of this Chapter is guilty of
an infraction punishable by a fine not exceeding one hundred dollars ($100) or as
permitted by the California Vehicle Code.
The City Council finds and determines that the City shall provide law enforcement
for the Golf Cart Plan and enforce the rules and regulations of Chapter 12.69 of the
City of La Quinta Municipal Code, the Streets and Highways Code (Division 2.5,
Chapter 6, Sections 1950 through 1961) and Section 21716 of the California
Vehicle Code. The passage of this Ordinance enables the City to enforce this
program's provisions not found in the California Vehicle Code.
SECTION 2. The Mayor shall sign this Ordinance and the City Clerk shall
attest thereof and shall within fifteen (15) days of its passage cause the same or a
summary of it to be published once in The Desert Sun, and thereafter the
Ordinance shall take effect and be enforced according to law.
'r•.. 218
Ordinance No.
Golf Cart Program
Adopted:
Page 5 of 6
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional by
the decision of a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the Ordinance. The City Council of the City of
La Quinta hereby declares that it would have passed this Ordinance, and each
section, subsection, clause, sentence or phrase thereof, irrespective of the fact that
any one or more other sections, subsections, clauses, sentences or phrases may be
declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall cause this Ordinance to be
posted in at least three public places designated by resolution of the City Council,
shall certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the
Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this _day of , 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
219
Ordinance No.
Golf Cart Program
Adopted:
Page 6 of 6
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
220
ATTACHMENT
JAN 2 9 2008
January 6, 2008
CITY OF LA OUINTA
The Mayor and Council Members,
City of La Quinta,
La Quinta City Hall
78-495 Calle Tampico,
La Quinta, Ca 92253
I am writing as a resident of La Quinta residing at 47415 Via Cordova at Lake La Quinta
concerning the proposed General Plan for Golf Cart Routes, Phases I and II. Needless, to
say there are many of "we" residents of La Quinta who are immensely pleased to see the
city finally take some action that will permit the use of golf carts as an alternative means
of transportation in and about the city. After having reviewed the proposed plans, I
would like to ask City Council to consider adding the following to the Phase I plan:
1. I am specifically requesting the city to make it permissible to use the sidewalk on the
west side of Washington, north of Simon Drive (Point Happy Way),to get to the parking
lot for Von's shopping center (Plaza La Quinta). Under the proposed plan, golf carts will
not be permitted to do so. The proposed plan does permit golf carts to travel along the
west side of Washington from Eisenhower to 47th Street at which point carts will be
permitted to cross Washington. To be able to get to the parking lot at the Von's center, I
would like to propose that golf carts be permitted to continue past 47fl' Street to Simon
Drive (Pont Happy Way) by traveling on the streets behind the walls of the community
on the west side of Washington from 47th to Point Happy Way. Carts could then
continue on the sidewalk on the west side of Washington to the entrance to Von's
shopping center, a distance of about 100 yards. This is simple and safe. As well, the
city plan will also permit carts to get to the corner of Simon Drive and Washington but
carts are will not be permitted to cross to the west side of Washington. It would be a very
simple matter to allow carts to cross Washington at the traffic signal and from there,
proceed effortlessly to the Von's parking lot on the sidewalk. Please see attached Exhibit
1 and IA.
Although the City Plan permits travel across Highway II I to the Stater Bros. center,
travel to the nearby Von's center will not be permitted, notwithstanding the fact, that the
entrance to the center is only 100 yards away and can be reached easily and safely by
traveling on the sidewalk. This seems ludicrous given the proximity of these people to
Von's and the ease of getting there on the sidewalk without having to use a car or truck.
Additionally, the owners of shops and stores in the Von's center will not be pleased when
they learn that competitors across highway 111 have been given a valuable competitive
edge.
2. I am also requesting that the city make.it permissible to travel on the sidewalk from
north entry to the La Quinta Plaza (Von's) to the sidewalk in Indian Wells, a distance of
perhaps 75 yards. This would permit people from Indian Wells to use a golf cart to get to
Von's from Indian Wells and for others to get to Indian Wells from La Quinta. Please
see Exhibit 1 and IA attached. For years there have been numerous golf carts using this
222
short piece of sidewalk without accident, injury or mishap. In Addition, the city of Indian
Wells drives small city trucks and city owned golf carts on the sidewalk along Highway
I I I in this area. To the best of my knowledge there has never been a mishap or a conflict
of any sort concerning the use of golf carts. (The only conflicts have been with
motorcycle police officers who have gone so far as to impound golf carts for using the
sidewalk, as just described, which has cost some residents as much as $1,200.00 to get
their carts back).
La Quinta holds itself out as the golf capital of the valley and as friendly city. The city
should be making every attempt to live up to that reputation (costing residents up to
$1200.00 for driving a golf cart on the sidewalk seems a little unfriendly). Other cities in
the valley and other cities in California are quite permissive with respect to the use of
golf carts for transportation, In today's marketplace, with gas over $3.50 per gallon and
given the more and more crowded streets we have, La Quinta should likewise be
permitting greater opportunity to use golf carts for a variety of transportation needs. The
carts should be fully licensed, insured and street legal but that is up to the city to decide.
I know that the plan will be coming before City Council for consideration in the near
future. If any of the proposals that I have made seem possible, it would be beneficial if
they could be incorporated into the proposed plan before it goes to Council for approval
Thanks you for your consideration.
Respectfully submitted,
A. Glen Conly
47415 Via Cordova
La Quinta 92252
760-574-8899
223
EXHIBIT IA
ENLARGED VIEW OF EXHIBIT 1
Route Per Proposed City Can Route Plan a moE pas so o "
Proposed e
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224
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LEGEND:
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®d = SHOPPING CENTER LOCATION
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City of La Quints
J TERRA NOVA ® General Plan
Plying & Research, IIx. Phase I (2005) Golf Cart Routes
Exhibit
225
As a concerned resident of La Quinta I am in support of the proposed modification to the
City Of La Quinta General Plan for Golf Cart Routes per the letter addressed to City
Council, dated January 6, 2008 as submitted by A Glen Conly.
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As a concerned resident of La Quinta I am in support of the proposed modification to the
City Of La Quinta General Plan for Golf Cart Routes per the letter addressed to City
Council, dated January 6, 2008 as submitted by A Glen Conly.
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As a concerned resident of La Quinta I am in support of the proposed modification to the
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Council, dated January 6, 2008 as submitted by A Glen Conly.
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Council, dated January 6, 2008 as submitted by A Glen Conly.
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`y OF Tom'
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOUGLAS R. EVA
ASSISTANT CITY MANAGER -DEVELOPMENT
SERVICES
DATE: NOVEMBER 3, 2009
SUBJECT: BUSINESS ITEM NO. 2 — GOLF CART ORDINANCE
Staff has made a change to the attached Ordinance on Page 4, Item #13 with the
deletion of "...physically disabled, or persons..." This will be included in the
discussion of State Vehicle Code Section 21114.5 when it is brought back to the
City Council at a future date.
230
Ordinance No.
Golf Cart Program
Adopted:
Page 4 of 6
13. No person shall operate or move a golf cart upon a sidewalk except those
persons who are in the course of their
employment by a state, federal, or local government, or school district
maintenance crew.
12.69.050 Golf cart permit process.
The following golf cart permitting process is established:
1. No golf cart shall be operated on golf cart paths or Golf Cart Routes within
the City without a current golf cart permit decal visibly displayed on the right
rear fender of the golf cart.
2. Persons physically disabled, persons in the course of their employment by a
state, federal, or local government, or school district shall be allowed to
apply for a permit allowing operation of a golf cart on City sidewalks.
3. The golf cart permit shall be valid for two years from the date of issuance.
12.69.060 Golf Cart Routes.
The Public Works Director shall have the authority to add or delete Golf Cart
Routes as the need arises or as conditions change in accordance with this
Ordinance.
12.69.070 Enforcement of Golf Cart Plan.
Any person operating a golf cart in the City in violation of this Chapter is guilty of
an infraction punishable by a fine not exceeding one hundred dollars ($100) or as
permitted by the California Vehicle Code.
The City Council finds and determines that the City shall provide law enforcement
for the Golf Cart Plan and enforce the rules and regulations of Chapter 12.69 of the
City of La Quinta Municipal Code, the Streets and Highways Code (Division 2.5,
Chapter 6, Sections 1950 through 1961) and Section 21716 of the California
Vehicle Code. The passage of this Ordinance enables the City to enforce this
program's provisions not found in the California Vehicle Code.
SECTION 2. The Mayor shall sign this Ordinance and the City Clerk shall
attest thereof and shall within fifteen 0 5) days of its passage cause the same or a
summary of it to be published once in The Desert Sun, and thereafter the
Ordinance shall take effect and be enforced according to law.
231
E
REPORTS & INFORMATIONAL ITEMS:
COMMUNITY SERVICES COMMISSION
MINUTES
September 14, 2009
CALL TO ORDER
A regular meeting of the Community Services Commission was called to order at
5:33 pm by Chairperson Spirtos.
Commissioner Brodsky led the Pledge of Allegiance.
PRESENT: Commissioners Biegel, Brodsky, Darroch, and Chairperson Spirtos
ABSENT: Commissioners Fitzpatrick, Lawrence, and Leidner
STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf
& Parks Manager; Tustin Larson, Recreation Supervisor; Angela
Guereque, Senior Secretary; and Jean Wilson, Office Assistant
BLIC COMMENT — None.
CONFIRMATION OF AGENDA
Motion - It was moved by Commissioners Biegel/Brodsky to confirm the agenda.
Motion carried unanimously.
PRESENTATIONS
None.
APPROVAL OF MINUTES
1. Approval of July 13, 2009 Minutes
Motion — It was moved by Commissioners Brodsky/Darroch to approve the minutes
as submitted. Motion carried unanimously.
CONSENT CALENDAR - None.
PUBLIC HEARING - None.
23?
Community Services Commission Minutes September 14, 2009
-2-
BUSINESS ITEMS
1. Consideration of Commission Meeting Dates
Director Hylton presented the staff report.
Motion — It was moved by Commissioners Biegel/Darroch to approve the
Community Services Commission meeting dates as presented. Motion carried
unanimously.
2. Consideration of Artist Appreciation Day
Director Hylton presented the staff report.
Commissioner Brodsky suggested that Artist Appreciation Day be broad and not
limit the presenters. Commissioners Brodsky and Biegel volunteered.
Director Hylton stated that Commissioner Fitzpatrick participated in this program
last year as an alternate.
Motion — It was moved by Commissioners Darroch/Spirtos to assign
Commissioners Brodsky/Biegel and Commissioner Fitzpatrick as an alternate to
participate in the Artist Appreciation Day Program. Motion carried unanimously.
3. Consideration of the 2009-2010 Community Services Marketing Plan
Tustin Larson, Recreation Supervisor, presented the staff report. Mr. Larson noted
that on page 32 of the Marketing Plan, the date for the Pillars of the Community
event should be January 15, 2010.
Commissioner Brodsky asked how patrons find out about the Survey Monkey. Mr.
Larson stated that survey cards are handed out to participants at the end of an
excursion and at the last class of a program.
Commissioner Brodsky noted that one of the responses on the Survey Monkey was
that the online registration process was not user friendly. He asked how staff has
addressed that. Mr. Larson stated that a step by step video on how to register
online has been posted to the City website.
Commissioner Brodsky noted that there was also a response complaining about the
Resident Card restrictions for multiple homeowners. Director Hylton explained the
Resident Card rules and noted that the City does not accept fractionalized housing
for Resident Cards.
233
Community Services Commission Minutes September 14, 2009
-3-
Motion — It was moved by Commissioners Biegel/Brodsky to approve the 2009-
2010 Community Services Marketing Plan. Motion carried unanimously.
4. Consideration of Art Maintenance Priorities
Steve Howlett, Golf & Parks Manager, presented the staff report.
Chairperson Spirtos asked if there was anyway to protect the mosaics at Fritz
Burns Park. Mr. Howlett stated that the weather conditions and open sun will
continue to damage them because they are glass mosaics and subject to heat.
Motion — It was moved by Commissioners Brodsky/Darroch to approve the art
maintenance priorities as listed. Motion carried unanimously.
STUDY SESSION None.
DEPARTMENT REPORTS
1. Monthly Department Report for July and August 2009
2. Parks Improvements for Fiscal Year 2009-2010
COMMISSIONER ITEMS
1. Report from Commissioners Regarding Meetings Attended.
Commissioner Spirtos attended the San Clemente Ocean Festival Excursion.
Commissioners Brodsky/Fitzpatrick attended the Back to School Luncheon.
2. Calendar of Monthly Events
Director Hylton noted that the Los Angeles Lobster
cancelled due to low enrollment. She noted that it
Excursion to cancel.
PUBLIC HEARING — None.
OPEN DISCUSSION
ADJOURNMENT
Festival excursion has been
was the first Super Saver
It was moved by Commissioners Biegel/Brodsky to adjourn the Community Services
Commission meeting at 6:24 p.m. Motion carried unanimously.
234
Community Services Commission Minutes September 14, 2009
-4-
NEXT MEETING INFORMATION:
A Regular Meeting of the Community Services Commission to be held on October
12, 2009 commencing at 5:30 p.m. in the City of La Quinta Study Session Room,
78-495 Calle Tampico, La Quinta, CA 92253.
bmitt d b
����
Angela Guereque
Community Services Senior Secretary
..» r 235
DEPARTMENT REPORT: 3—A
/ T
n w�
C
yOFT1
TO: Honorable Mayor and Members of the City Council
FROM: Veronica J. Montecino, CIVIC, City Clerk�l
DATE: November 3, 2009
SUBJECT: January 5, 2010 City Council/Redevelopment Agency Meeting
The first regular meeting for the City Council and Redevelopment Agency will
be held on January 5, 2010. City Hall is scheduled to be closed a half day
on Thursday, December 24, 2009 and all day on Friday, December 25, 2009
for Christmas Eve/Day holidays and a half day on Thursday, December 31,
2009 and all day on Friday, January 1, 2010 for New Year's Eve/Day
holidays.
If it is the Council's pleasure to hold the first meeting in January 2010, it will
be necessary to modify the schedule for processing the staff reports to
enable staff to distribute the packets either on Wednesday, December 30 or
on Thursday, December 31, 2010 by noon.
The City Council chose to cancel the first meeting in January 2009 because
of the short work weeks during the agenda process. Staff would appreciate
receiving direction from the City Council regarding the first City
Council/Redevelopment Agency meeting of January 2010. If it is the
Council's desire to cancel the meeting, direction should be given to the City
Clerk to prepare and post a Notice of Cancellation for the January 5, 2010
City Council and Redevelopment Agency meetings.
236
a
o� �o f 4 4
y OF TF�
COUNCIL/RDA MEETING DATE: November 3, 2009
ITEM TITLE: Public Hearing to Consider Adoption of a
Resolution Approving a One -Year Time Extension for
Site Development Permit 2007-866, a ± 13.79 Acre
Boutique Hotel Site (200 Units and 259 Keys)
Consisting of a ±25,000 Square Foot Parking Structure
and 29 Condominium Hotel Unit Buildings Containing a
Meeting Facility, Restaurant, and Resort Spa on Property
Located South of Avenue 52 and East of SilverRock
Way. Applicant: Lowe Destination Development (LDD)
SilverRock LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving a one-year extension of time for Site
Development Permit 2007-886, subject to the Findings and Conditions of Approval.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The Site Development Permit for "La Solana," a boutique condominium hotel to be
located within the SilverRock Resort, was originally approved by the City Council on
July 17, 2007 with a standard two-year period of validity (Attachment 1). The
applicant, Lowe Destination Development, is requesting a one-year extension of time.
As with any time extension request, modified conditions of approval pertain to those
codes and development standards which have changed since the original Site
Development approval.
PROJECT DESCRIPTION
The approximately 13.79 acre boutique hotel site, known as La Solana at SilverRock,
237
consists of a dog -bone shaped arrangement of 29 hotel buildings, a sunken two-story
parking structure, a resort spa, and three swimming pool facilities (Attachment 2). The
project is surrounded by Holes No. 2, 3, and 7 of the existing Arnold Palmer Classic
Course. The boutique hotel site is approximately 375 feet at its closest point from both
Avenue 52 to the north and the adjacent Tradition development to the west. The
developer, Lowes Destination Development, has stated that they do not have a
timeframe for the commencement of construction due to the current economic
conditions.
ANALYSIS
Staff has updated the conditions of approval to reflect recent changes in Public Works
Engineering Bulletin and State Water Quality Management rules. None of these
modified conditions of approval will have a noticeable effect on the approved Site
Development Permit. If approved, this time extension request would extend the validity
to one-year from the expiration date, July 17, 2010.
PUBLIC NOTIFICATION AND COMMENT
The time extension request was advertised in The Desert Sun newspaper on
September 4, 2009. All property owners within 500 feet of the site were mailed a
copy of the Public Hearing notice as required by the La Quinta Municipal Code. No
comments have been received from surrounding property owners.
FINDINGS AND ALTERNATIVES:
Findings necessary to approve the time extension request can be made and are
contained in the attached Resolutions.
The alternatives available to the City Council include:
Adopt a Resolution of the City Council approving a one-year extension of time
for Site Development Permit 2007-886 subject to the Findings and Conditions
of Approval; or
2. Do not adopt a Resolution of the City Council; or
3. Provide staff with alternative direction.
Respectfully
JohnJokr4al-anning Director
238
Approved for submission by:
Thomas P. Genovese
City Manager
Attachments: 1 . SDP 07-886 City Council Staff Report, dated July 17, 2007
2. SilverRock Resort Boutique Hotel SDP (booklet)
239
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME
EXTENSION OF A SITE DEVELOPMENT PERMIT FOR A
± 13.79 BOUTIQUE HOTEL SITE (200 UNITS AND 259
KEYS) CONSISTING OF A ± 25,000 SQUARE FOOT
PARKING STRUCTURE AND 29 CONDOMINIMUM HOTEL
UNIT BUILDINGS CONTAINING MEETING FACILITY,
RESTAURANT, AND RESORT SPA
CASE NO.: SITE DEVELOPMENT PERMIT 2007-886
TIME EXTENSION No.1
APPLICANT: LDD SILVERROCK LLC
WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd
day of November 2009, hold a duly noticed Public Hearing to consider the request of
LDD SILVERROCK LLC for approval of a one year extension of time for architectural
and landscaping plans regarding a boutique condominium hotel resort, on property
more particularly described as:
PORTION OF SECTIONS 6 AND 8, T6S, R7E, SBM
WHEREAS, the City Council of the City of La Quinta, California did, on the 17th
day of July, 2007, adopt Resolution 2007-69, approving Site Development Permit
2007-886, subject to Conditions; and,
WHEREAS, said Site Development Permit has complied with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970." The City
Council certified Environmental Assessments 2002-453 and 2006-568, prepared for
the SilverRock Specific Plan 06-080, which was certified on July 18, 2006, of which
this project is included. No changed circumstances or conditions exist which would
trigger the preparation of a subsequent Environmental Impact Report or environmental
review pursuant to Public Resources Code Section 21166; 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 Mandatory Findings to justify approval a one year extension of
said Site Development Permit:
An extension of time is warranted because the findings as noted below can still
be made and apply to this request.
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City Council Resolution 2009-
Site Development Permit 2007-886
Time Extension No.1, LDD SilverRock, LLC.
Adopted: November 3, 2009
Page 2 of 3
2. No changes have been made to this Site Development Permit from its original
approval and no new or changed environmental considerations exist.
3. The boutique condominium hotel project is consistent with the General Plan and
SilverRock Resort Specific Plan, in that it is a designated tourist commercial use
which is served by the surrounding golf course uses.
4. The project has been designed to be consistent with the applicable provisions of
the City's Zoning Code, or amended as allowed in compliance with SilverRock
Resort Specific Plan 2006-080.
5. The architectural design of the boutique condominium hotel project including,
but not limited to the architectural style, building mass and scale, materials,
colors, architectural details, building heights, roof style, and other architectural
elements are compatible with the surrounding developments, previously
approved and constructed phases of the SilverRock Resort, and with the quality
of design prevalent in the City. The boutique hotel is suitably designed and
conforms to the established theme of the project and overall resort.
6. The site design of the project including, but not limited to project entries,
interior circulation, landscaping, pedestrian access, pedestrian amenities,
screening of equipment, exterior lighting, layout, and similar site design
elements are compatible with the previously approved and constructed phases,
surrounding developments, and with the quality of design prevalent in the City.
7. Project landscaping, including but not limited to the arrangement, variety, size,
color, texture, and coverage of plant materials, with conditions, has been
designed so as to provide relief, complement buildings, visually emphasize
prominent design elements, screen undesirable views, provide a harmonious
transition between adjacent land uses including the golf course, and provide an
overall unifying influence to enhance the visual continuity of the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
1. That the above recitations are true and constitute the Findings of the City
Council in this case;
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Time Extension No.1, LDD SilverRock, L-C.
Adopted: November 3, 2009
Page 3 of 3
2. That it does hereby approve a one year time extension for Site Development
Permit 2007-886 for the reasons set forth in this Resolution, subject to the
Conditions, attached hereto;
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on the 3rd day of November 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
242
CITY COUNCIL RESOLUTION 2009-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2007-886
TIME EXTENSION No.1 (EDITED)
LOD SILVERROCK, LLC - BOUTIQUE HOTEL
NOVEMBER 3, 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 Site
Development Permit. The City shall have sole discretion in selecting its defense
counsel.
The City shall promptly notify the applicant of any claim, action or proceeding
and shall cooperate fully in the defense.
2. This Site Development Permit shall comply with the requirements and standards
of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"),
Chapter 13 of the La Quinta Municipal Code ("LQMC"), Specific Plan 2006-080,
Tentative Parcel Map No. 33367 and any Disposition and Development
Agreement (DDA) and Development Agreement (DA) entered upon between the
applicant and the La Quinta Redevelopment Agency, a public body, corporate
and politic (See related Conditions of Approval from the Disposition and
Development Agreement [DDA] and Development Agreement [DA]).
The City of La Quinta's Municipal Code can be accessed on the City's Web Site
at www.la-quinta.org.
3. Site Development Permit 2006-886 shall comply with all applicable conditions
and/or mitigation measures for the following approvals:
• Environmental Assessments 2002-543 and 2006-568
• Specific Plan 2006-080
• Tentative Parcel Map 33367
• Disposition and Development Agreement
• Development Agreement 2006-012
4. This Site Development Permit time extension is valid for ta� a one year
period to expire on July 17, 2010, unless an extension is applied for and
granted by the City Council pursuant to Section
9.200.080 of the La Quinta Municipal Code.
._.' 243
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Site Development Permit 2007-886
Time Extension No.1
LDD SilverRock LLC - Boutique Hotel
November 3, 2009
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:
• 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 Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• 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
and who then shall submit a copy of the Regional Water Quality Control Board's
("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to
the issuance of a grading or site construction permit by the City.
..
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6. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit LQMC Sections 8.70.010 at 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. 117-2008-0001
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 (1) acre of land but which is a part of a construction
project that encompasses more than one (1) acre of land, the
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Permitee shall be required to submit a Storm Water Pollution
Protection Plan ("SWPPP").
B. The applicant or design professional can obtain the California
Stormwater Quality Association SWPPP template at
www.caimphandbooks.com for use I their WSPPP preparation.
C. 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.
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).
A. 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
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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
8. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements. Said conferred rights shall also include grant of access
easement to the City of La Quinta for the purpose of graffiti removal by City
staff or assigned agent in perpetuity and agreement to the method to remove
graffiti and to paint over to best match existing. The applicant shall establish
the aforementioned requirements in the CC&R's for the development or other
agreements as approved by the City Engineer. Pursuant to the aforementioned,
the applicant shall submit and execute an "AUTHORIZATION TO REMOVE
GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works
Department Counter prior to Certificate of Occupancy.
Additionally, pursuant to the approved Tentative Parcel Map, there is a proposed
north/south easement across the center of the Site Development Permit for an
existing 18" lake equalizer line for the perpetual maintenance and reconstruction
and per the approved DDA affecting this Parcel.
9. The applicant shall retain for private use 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.
The private street rights -of -way to be retained for private use required for this
development include:
A. PRIVATE STREETS
1) Private Streets shall have a 28-foot travel width measured flow
line to flow line where curb and gutter are proposed. Flush curb
street section shall have a full 28 feet of travelable roadway as
approved by the City Engineer and the Fire Department. On -street
parking is prohibited except for designated and striped parking
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stalls, and provided there is adequate off-street parking for
residents and visitors, and the applicant establishes provisions for
ongoing enforcement of the parking restriction in the CC&R's. The
CC&R's shall be reviewed by the Engineering Department prior to
recordation.
10. The applicant shall dedicate easement to the City of La Quinta for public and
utility purposes and ingress and egress easement for public and emergency
access.
1 1 . Dedications shall include additional widths as necessary for dedicated right and
left turn lanes, bus turnouts, and other features contained in the approved
construction plans.
12. Direct vehicular access to Ahmanson Way is restricted, except for the access
point identified on Tentative Parcel Map No. 33367, or as otherwise conditioned
in these conditions of approval.
13. Emergency vehicle ingress and egress access shall be provided from Avenue 52
via the existing Secondary Access Road.
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.
15. The applicant shall cause no easement to be granted, or recorded, over any
portion of the subject property between the date of approval of the Tentative
Parcel Map and the date of recording of any Final Map, unless such easement is
approved by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
16. The applicant shall comply with the provisions of Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for
Individual Properties and Development), LQMC for public streets; and Section
13.24.080 (Street Design - Private Streets), where private streets are proposed.
The applicant shall be responsible for completing the roadway improvements
within the site development permit and as required by the approved DDA and
DA, subject to approved coordination by the Public Works Department.
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The applicant shall extend improvements beyond the site development permit
boundaries to ensure they safely integrate with existing improvements (e.g.,
grading; traffic control devices and transitions in alignment, elevation or
dimensions of streets and sidewalks).
Entry drives, main interior circulation routes, 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.
17. The applicant shall design street pavement sections using CalTrans' design
procedure for 20-year life pavement, and the site -specific data for soil strength
and anticipated traffic loading (including construction traffic). Minimum
structural sections shall be as follows:
Private Street (Commercial) 3.5" a.c./4.0" c.a.b.
or the approved equivalents of alternate materials.
18. 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.
19. General access points and turning movements of traffic are limited to the
following:
A. Primary Entry (Ahmanson Way): Full turn movements are permitted.
20. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs and
sidewalks.
21. 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.
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PARKING AREAS
22. 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.
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.
23. 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 Stall/Access Aisles (Low Traffic Areas) 3.0" a.c./4.5" c.a.b.
Parking Stall/Access Aisles (High Traffic) 4.5" a.c./5.5" c.a.b.
Loading Areas 6" P.C.C./4" c.a.b.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect," refers to persons currently certified or licensed
to practice their respective professions in the State of California.
24. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with the
provisions of Section 13.24.040 (Improvement Plans), LQMC.
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25. The following improvement plans shall be prepared and submitted by the
applicant for review and approval by the Public Works Department. A separate
set of plans for each line item specified below shall be prepared. The plans shall
utilize the minimum scale specified, unless otherwise authorized by the City
Engineer in writing. Plans may be prepared at a larger scale if additional detail
or plan clarity is desired. Note, the applicant may be required to prepare other
improvement plans not listed here pursuant to improvements required by other
agencies and utility purveyors.
A. On -Site Commercial Precise Grading Plan 1 " = 20' Horizontal
B. PM10 Plan 1" = 40' Horizontal
C. SWPPP 1" = 40' Horizontal
D. On -Site Street Improvements/Signing & Striping/Storm Drain Plan
1 " = 40' Horizontal, 1 " = 4' Vertical
E. WQMP (Plan submitted in Report Form)
NOTE: A through E shall be submitted concurrently.
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior to
commencing plan preparation.
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.
The applicant shall prepare an accessibility assessment on a marked up print of
the building floor plan identifying every building egress and notes the 2001
California Building Code accessibility requirements associated with each door.
The assessment must comply with submittal requirements of the Building &
Safety Department. A copy of the reviewed assessment shall be submitted to
the Engineering Department in conjunction with the Site Development Plan
when it is submitted for plan checking.
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"Commercial Precise Grading" plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs &
gutters, building floor elevations, parking lot improvements and ADA
requirements.
26. The Gity maintains siandard plans, detail sheets anWOF eenStFUGtieR notes
26. 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 -quints org) Please navigate to the Public Works Department home
page and look for the Standard Drawings hyperlink.
27. The applicant shall furnish a complete set of the mylars of all approved
improvement plans on a storage media acceptable to the City Engineer pursuant
to Engineering Bulletin #09-01 and./or the latest revision.
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.
28. At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the mylars in order to
reflect the as -built conditions.
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PRECISE GRADING
29. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements), LQMC.
30. 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.
31. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a qualified engineer,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer.
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
(Fugitive Dust Control), LQMC, and
D. A Best Management Practices report prepared in accordance with
Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit
and Storm Management and Discharge Controls), LQMC.
All grading shall conform to the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by a soils engineer, or by
an engineering geologist.
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.
32. The applicant shall provide sidewalks and golf cart paths for internal circulation
within the Site Development Permit as well as to facilities within Tentative
Parcel Map No. 33367 on the Precise Grading Plan in the plan check process as
required and approved by the City Engineer.
33. The applicant shall maintain all open graded, undeveloped land in order to
prevent wind and/or water erosion of such land. All open graded, undeveloped
land shall either be planted with interim landscaping, or stabilized with such
other erosion control measures, as were approved in the Fugitive Dust Control
Plan.
34. Building pad elevations on the rough grading plan submitted for City Engineer's
approval shall conform with pad elevations shown on the tentative parcel map,
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unless the pad elevations have other requirements imposed elsewhere in these
Conditions of Approval.
35. 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 (0.51 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.
DRAINAGE
36. Stormwater handling shall conform with the approved hydrology and drainage
report for (the "SilverRock Resort" of the underlying development). Nuisance
water shall be disposed of in an approved manner.
37. The applicant shall comply with the provisions of LQMC Section 13.24.120
(Drainage) Retention Basin Design Criteria Engineering Bulletin No. 06-16 -
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain
Systems and Engineering Bulletin No 06-015 - Underground Retention Basin
Design Requirements More specifically, stormwater falling on site during the
100 year storm shall be retained within the development, unless otherwise
approved by the City Engineer. The design storm shall be either the 1 hour, 3
hour, 6 hour or 24 hour event producing the greatest total run off.
A. Nuisance water shall be retained on site. Nuisance water shall be
disposed of per approved methods contained in Engineering Bulletin No.
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06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for
Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground
Retention Basin Design Requirements.
B. In design of retention facilities, the maximum percolation rate shall be
two inches per hour. The percolation rate will be considered to be zero
unless the applicant provides site specific data indicating otherwise and
as approved by the City Engineer.
C. The project shall be designed to accommodate purging and blowoff water
(through underground piping and/or retention facilities) from any on -site
or adjacent well sites granted or dedicated to the local water utility
authority as a requirement for development of this property.
D. No fence or wall shall be constructed around any retention basin unless
approved by the Planning Director and the City Engineer.
E. For on -site above ground common retention basins, retention depth shall
be according to Engineering Bulletin No. 06-16 - Hydrology Report with
Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side
slopes shall not exceed 3:1 and shall be planted with maintenance free
ground cover. Additionally, retention basin widths shall be not less than
20 feet at the bottom of the basin.
F. Stormwater may not be retained in landscaped parkways or landscaped
setback lots. Only incidental storm water (precipitation which directly
falls onto the setback) will be permitted to be retained in the landscape
setback areas. The perimeter setback and parkway areas in the street
right-of-way shall be shaped with berms and mounds, pursuant to LQMC
Section 9.100.040(B)(7).
G. The design of the development shall not cause any increase in flood
boundaries and levels in any area outside the development.
H. The development shall be graded to permit storm flow in excess of
retention capacity to flow out of the development through a designated
overflow and into the historic drainage relief route.
Storm drainage historically received from adjoining property shall be
received and retained or passed through into the historic downstream
drainage relief route.
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The applicant shall comply with applicable provisions for post
construction runoff per the City's NPDES stormwater discharge permit,
LQMC Sections 8.70.010 at 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.
K. For post -construction urban runoff from New Development and
Redevelopment Projects, the applicant shall implement requirements of
the N_PDES 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. 117-2008-001. The applicant shall document and
establish required association maintenance responsibilities within the
recorded CC&R's.
L. The aoplicant shall imDlement the WQMP Desion Standards Der
(CRWQCB-CRB) Region Board Order No. 147-2008-001 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
38. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities),
LQMC.
39. 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.
40. 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.
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The applicant shall provide certified reports of all utility trench compaction for
approval by the City Engineer.
CONSTRUCTION
41. The City will conduct final inspections of habitable buildings only when the
buildings have access to publicly -maintained streets. The improvements shall
include required traffic control devices, pavement markings and signage.
ol'A,� ;ol IRANGE (Quality Assurance Deleted in its Entirety)
with the appFeval of the City Engineef-.
other applmeahle4egulati�-
1. .0d; GAR -AN inted" and shall be stamped and SigRed by the eng'neeF-GPsufyeY,9f
shs" have all appFG .,ad Fny!aFS ffeviously submitted to the City
As huilt renditions.
EngoneeF and refleet said "As Built" Genditie
submittal-
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MAINTENANCE
46. The applicant shall comply with the provisions of Section 13.24.160
(Maintenance), LQMC and any Maintenance Agreement entered upon or required
by the approved DDA and DA.
47. The applicant shall make provisions for the continuous and perpetual
maintenance of all private on -site improvements, perimeter landscaping, access
drives, and sidewalks.
48. The applicant shall enter into easements or license agreements for the
construction and continuous and perpetual maintenance of all walls and added
landscaping that encroach onto the golf course.
49. The applicant shall make provisions for the treatment, protection, and
maintenance of all natural wood utilized in the construction of the buildings.
The future substitute of any natural wood with alternative or synthetic materials
shall be reviewed and approved by the Planning Director prior to issuance of a
building permit.
FEES AND DEPOSITS
50. The applicant shall comply with the provisions of Section 13.24.180 (Fees and
Deposits), LQMC. These fees include all deposits and fees required by the City
for plan checking and construction inspection. Deposits and fee amounts shall
be those in effect when the applicant makes application for plan check and
permits.
51. 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)•
52. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation
Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in
accordance with Chapter 3.34 of the Municipal Code, if applicable.
LANDSCAPING
53. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) &
13.24.140 (Landscaping Plans), LQMC.
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54. The applicant shall provide landscaping in the required setbacks, retention
basins, common lots and park areas.
55. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
56. Final landscaping and irrigation plans (and precise grading plans relevant to
landscape areas) shall be prepared by a licensed landscape professional and shall
be reviewed by the Architecture and Landscaping Review Committee and
approved by the Planning Director prior to issuance of the first building permit.
An application for Final Landscape Plan Check shall be submitted to the Planning
Department for final landscape plan review. Said plans shall include all
landscaping associated with this project, including perimeter landscaping, and
be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the
Municipal Code. The landscape and irrigation plans shall be approved by the
Coachella Valley Water District and Riverside County Agriculture Commissioner
prior to submittal of the final plans to the Planning Department.
NOTE: Plans are not approved for construction until signed by the Planning
Director.
57. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the Planning Director and the City Engineer. Use of lawn areas
shall be minimized with no lawn, or spray irrigation, being placed within 18
inches of curbs along streets.
58. The applicant or his agent has the responsibility for proper sight distance
requirements per guidelines in the AASHTO "A Policy on Geometric Design of
Highways and Streets, 51h Edition" or latest, in the design and/or installation of
all landscaping and appurtenances abutting and within the private and public
street right-of-way.
59. Measures shall be taken to replace and repair any landscaping or irrigation
equipment which is damaged.
60. Any ground -mounted mechanical equipment shall be screened by a wall,
landscaping with significant foliage, or combination of the two, of a sufficient
height and/or density to fully screen such equipment above its horizontal plane.
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61. Any building mounted mechanical equipment shall be fully screened from view
by an architectural feature, wall, or parapet of sufficient height to fully screen
such equipment above its horizontal plane.
62. The applicant shall replace Chilean Mesquite, Bottle Trees, and California Pepper
Trees with another similar canopy tree on the Final Landscaping Plans.
63. The design, materials, and colors of the covered parking canopies shall be
consistent with the approved units and perimeter screening. Final designs for
the covered parking canopies shall be reviewed by the Architecture and
Landscaping Review Committee on the Final Landscaping Plans and approved by
the Planning Director.
64. Brick pavers or similar decorative paving shall be installed leading from the
project entry at Ahmanson Way to the Arrivals Court. Final designs shall be
identified on the Final Landscaping Plans, reviewed by the Architecture and
Landscaping Review Committee, and approved by the Planning Director.
65. Final Landscaping Plans shall identify enhanced landscaping for screening with
significant foliage along all exposed perimeters of the parking structure.
66. The selected resort entry landscaping and wall design alternative (Sheet 8.07,
8.08, and 8.09), or combination of elements, shall be identified in the final
landscaping plans provided for review by the Architecture and Landscaping
Review Committee and shall be approved by the Planning Director.
PLANNING DEPARTMENT
67. The hotel shall provide a shuttle service for guests to the golf clubhouse and
future resort areas (hotels, commercial uses, restaurants, etc.) within the
SilverRock Resort.
68. The applicant shall provide the Planning Department with three copies of the
project's Codes Covenants and Restrictions (CC&Rs) and a deposit of legal fees
in the amount of $2000.00 for their review and approval. These items shall be
provided to the City either prior to, or in conjunction with, the applicant's initial
application for building permits.
69. The applicant shall offer for dedication an easement across the entire project
site, including all units, to hold harmless the golf course and its players for any
liability and damages resulting from golf course play.
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70. The applicant shall enter into a construction and maintenance agreement with
the City regarding construction adjacent to portions of the golf course lake prior
to issuance of any grading and building permits.
71. The applicant shall enter into a domestic Water and/or sanitation installation
agreement with the Coachella Valley Water District prior to issuance of any
grading and building permits.
72. The applicant shall have submitted and received approval from the City an
operating agreement in accord with the Disposition and Development Agreement
and Development Agreement prior to issuance of any grading and building
permits.
73. The applicant shall apply for a Sign Program application for the project site prior
to the issuance of any grading and building permits.
74. Any modifications to the phasing of construction shall be reviewed and
approved by the Planning Director and Public Works Director.
BUILDING AND SAFETY
75. If the design configuration of the buildings results in window or door openings in
locations prohibited by the Building Code due to proximity to real property lines,
the applicant shall prepare and have recorded a "no -build easement agreement"
to create an unbuildable area as necessary, binding to both property owners.
Such agreement shall be submitted for review and approval by the Building
Official and the City Attorney prior to recordation, if required.
OUTDOOR LIGHTING
76. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the
La Quinta Municipal Code. An exterior lighting plan with photometric study and
manufacturers cut sheets shall be approved by the Planning Director prior to
issuance of first building permit for project.
FIRE DEPARTMENT
77. Provide or show there exists a water system capable of delivering a fire flow
2500 gallons per minute for a two hours duration at 20 psi residual operating
pressure, which must be available before any combustible material is placed on
the construction site.
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78. Fire apparatus access road shall be provided for every facility, building or portion
of a building hereafter construction or moved into our within the jurisdiction
when any portion of the facility or any portion of an exterior wall of the first
story of the building is located more than 150 feet from fire apparatus access as
measured by an approve route around the exterior of the building or facility.
Exception: When the building is completely protected with an approved
automatic fire sprinkler system modification may be made by the chief.
Pursuant to the above section a 200 foot hose pull from a fire access road will
be acceptable.
79. Approved accessible on site fire hydrants shall be located not to exceed 330
feet apart in any direction as measured by an approved route around the
complex, exterior of the facility or building, and no portion of a building further
than 165 feet from a fire hydrant, or as approved by the Fire Department. Fire
hydrants shall provide the "required fire flow.
80. Prior to building plan approval and construction, applicant/developer shall furnish
two copies of the water system fire hydrant plans to Fire Department for review
and approval. Plans shall be signed by a registered civil engineer, and shall
confirm hydrant type, location, spacing, and minimum fire flow. Once plans are
signed and approved by the local water authority, the originals shall be
presented to the Fire Department for review and approval.
81. Prior to issuance of building permits, the water system for fire protection must
be provided as approved by the Fire Department and the local water authority.
82. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on
private streets, public streets and driveways to indicated location of the fire
hydrant. It should be 8 inches from centerline to the side that the fire hydrant is
on, to identify fire hydrant locations.
83. Access lanes will not have an up, or downgrade of more than 12%. Access will
not be less than 20 feet in width and have an unobstructed vertical clearance
not less than 13 feet and 6 inches. For a three story building, the access lane
will be not less than 30 feet in width. Access lanes will be designed to
withstand the weight of 80 thousand pounds over 2 axles. Access will have a
turning radius capable of accommodating fire apparatus. Access lane shall be
constructed with a surface so as to provide all weather driving capabilities.
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84. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provision for the turn around capabilities of fire
apparatus
85. Driveway loops, fire apparatus access lanes and entrance curb radius should be
designed to adequately allow access of emergency fire vehicles. The applicant
or developer shall prepare and submit to the Fire Department for approval; a site
plan designating required fire lanes with appropriate lane printing and/or signs.
86. An approved Fire Department access key lock box (Minimum Knox Box 3200
series model) shall be installed next to the approved Fire Department access
door to the building. If the buildings are protected with an alarm system, the
lock box shall be required to have tampered monitoring. Required order forms
and installation standards may be obtained at the Fire Department.
87. Display street numbers in a prominent location on the address side of building(s)
and/or rear access if applicable. Numbers and letters shall be a minimum of 12"
in height for building(s) up to 25' in height. In complexes with alpha
designations, letter size must match numbers. All addressing must be legible,
of a contrasting color, and adequately illuminated to be visible from street at all
hours.
88. A rapid entry Knox Box shall be installed on the outside of the building. If the
building/facility is protected with a fire alarm or burglar alarm system, the lock
box will require "tamper" monitoring.
89. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition)•
Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require
the project Structural Engineer to certify with a "wet signature", that the
structural system is designed to support the seismic and gravity loads to
support the additional weight of the sprinkler system. All fire sprinkler risers
shall be protected from any physical damage. The PIV and FCD shall be located
to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from
the building(s). Sprinkler riser room must have indicating exterior and/or interior
door signs. A C-16 licensed contactor must submit plans, along with current
$307.00 deposit based fee, to the Fire Department for review and approval prior
to installation. Guideline handouts are available for the Fire Department. (Install
a complete fire sprinkler system per NFPA 13R. A fire department connection
that is 1 %2 "or 2 %2 " shall be wall mounted to the exterior of the building.
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System plans must be submitted to the Fire Department for review, along with
a plan/inspection fee. The approved plans, with Fire Department Job card must
be at the job site for all inspections).
90. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more
heads (20 or more in Group I, Division 1.1 and 1.2 occupancies). Valve
monitoring, water -flow alarm and trouble signals shall be automatically
transmitted to an approved central station, remote station or proprietary
monitoring station in accordance with 2001 CBC, Sec. 904.3.1. An approved
audible sprinkler flow alarm shall be provided on the exterior in an approved
location and also in the interior in a normally occupied location. A C-10 licensed
contractor must submit plans designed in accordance with NFPA 72, 1999
Edition, along with the current $192.00 deposit based fee, to the Fire
Department for review and approval prior to installation. Guideline handouts are
available from the Fire Department.
91, Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every
3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be
mounted 3.5 to 5 ft above finished floor, measured to the top of the
extinguisher. Where not readily visible, signs shall be posted above all
extinguishers to indicate their locations. Extinguishers must have current CSFM
service tags affixed.
92. A UL 300 hood/duct fire extinguishing system must be installed over the
cooking equipment. The extinguishing system must automatically shutdown
gas and /or electricity to all cooking appliances upon activation. A C-16
licensed contractor must submit plans, along with the current permit fee, to the
Fire Department for review and approval prior to installation. Alarm system
supervision is only required if the building has an existing fire alarm system.
93. No hazardous materials shall be stored and/or used within the building, which
exceeds quantities listed in UBC Table 3-D and 3-E. No class I, 11 or IIIA of
combustible/flammable liquid shall be used in any amount in the building.
94. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path
marking shall be installed per the 2001 California Building Code.
95. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on
outside of door.
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96. Access shall be provided to all mechanical equipment located on the roof as
required be the Mechanical Code.
97. Air handling systems supplying air in excess of 2000 cubic feet per minute to
enclosed spaces within buildings shall be equipped with an automatic shutoff.
Ref CIVIC 609.0
98. Gate(s) shall be automatic or manual operated. Install Knox key operated
switches, series KS-2P with dust cover, mounted per recommended standard of
the Knox Company. Plans must be submitted to the Fire Department for
approval of mounting location/position and operating standards. Special forms
are available from this office for ordering the Key Switch. Current plan check
deposit based fee is $126.00. The applicant may contact the Fire Department
at (760) 863-8886 for a guideline handout.
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ATTACHMENT # 1
C OF'I'��
COUNCILIRDA MEETING DATE: July 17, 2007
ITEM TITLE: Public Hearing to Consider Adopting a
Resolution of the City Council Approving Site
Development Permit 2007-866, Involving Landscaping
and Architectural Plans for a t 13.79 Acre Boutique
Hotel Site (200 Units and 259 Keys) Consisting of a
t 25,000 Square Foot Parking • Structure and 29
Condominium Hotel Unit Buildings Containing a Meeting
Facility, Restaurant, and Resort Spa on Property Located
South of Avenue 52 and East of SilverRock Way.
Applicant: LDD SilverRock Inc.
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council approving Site Development Permit 2007-886,
subject to the Findings and Conditions of Approval.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City of La nuinta Redevelopment Agency acquired the current SilverRock Resort
site in 2002, with the objective of facilitating the development of a resort and
associated commercial uses that would generate•a recurring revenue source for the City
and providing public recreation opportunities with the development of two public golf
courses. The previously -approved SilverRock Resort Specific Plan divided the project
into eight different planning areas. This Site Development Permit application for the
boutique condominium hotel is located within Planning Area 3, and will be the first
"resort hotel" portion of the project to be developed (Attachment 1, Sheet 2.01). The
first two phases of the development, the Arnold Palmer Classic Course and the historic
Ahmanson House temporary clubhouse, have been in operation since 2005. Future
phases of the SilverRock project will include a permanent clubhouse facility, a signature
four -star resort hotel, a mixed -use resort retail village, a second hotel with casitas, and
a community park.
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PROJECT DESCRIPTION
The approximately 13.79 acre boutique hotel site, to be known as La Solana at
SilverRock, consists of a dog -bone shaped arrangement of 29 hotel buildings, a sunken
two-story parking structure, a resort spa, and three swimming pool facilities
(Attachment 1, Sheet 2.02). The site, constructed with a contemporary Mexican
architectural theme, maximizes outdoor living space with gardens, trellises, fireplaces,
and water features. Connectivity throughout the project is achieved by a decorative
meandering paseo for pedestrians and a 28 foot wide driving aisle for golf carts and
vehicular traffic. The project is surrounded by Holes No. 2, 3, and 7 of the existing
Arnold Palmer Classic Course. The site will be surrounded by a series of meandering
cobblestone foot walls (about 2 feet) and desert landscaping designed to seamlessly
integrate with the existing golf course. The boutique hotel site is approximately 375
feet at its closest points from both Avenue 52 and the adjacent Tradition development.
Although the plans identify two phases for the project (Attachment 1, Sheet 2.03), this
phasing plan is generally intended for sales and occupancy purposes. Construction will
commence for all buildings as close to simultaneously as possible.
Located at the southeastern corner of the project site is the proposed three-story
"Main House," which includes the reception desk, restaurant, bar, and meeting center,
and has been designed to give the appearance of multiple buildings. A focus of the
Main House will be the promenade, and a wide deck with outdoor dining and terraces
overlooking the adjacent lake. The Main House will serve as the dining, entertainment,
and administrative center of the boutique hotel facility.
Adjacent to the Main House will be a two-story, t 11,911 square foot Spa Building,
which will orient towards an outdoor court with swimming pools. The Spa Building will
consist of the fitness center, day spa, locker rooms, and pool cabanas. An outdoor
event lawn, located above the lower level meeting rooms, will connect the Spa Building
with the Main House.
The remainder of the project site will consist of the Presidential and Hospitality Villas
containing the more exclusive hotel units, the Spa Village (a cluster of buildings
containing spa -oriented hotel units), twenty two-story hotel unit buildings, the Pool
Pavilion, which overlooks the family pool area near the north end of the project site, a
partially -sunken parking structure, and numerous small accessory buildings for
housekeeping and maintenance purposes. Building height limits and the total number of
condominium hotel units and keys are all in compliance with the approved specific plan.
The entire project site will be interconnected by a pedestrian pathway or paseo weaving
around the individual hotel unit buildings and passing through courtyards and small
outdoor gathering spaces. The driving aisle and covered parking will be primarily
screened from the individual hotel unit buildings by a smooth stucco wall designed with
nooks, alcoves, and occasional lattice windows. Covered parking spaces are proposed
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to be covered with either a solid canopy or with a trellis.
Main House:
As the focal point of the boutique hotel, the approximately 35,600 square foot Main
House will serve as the administrative, entertainment, and activity center of the facility
(Attachment 1, Sheet 4.01 — 4.07). The contemporary Mexican architectural style sets
the theme of the entire project site, featuring substantial use of natural wood, stone
accents, and earth -tone yellow walls with a smooth plaster finish. Window sizes,
designs, and placement will vary widely from a traditional style with heavy -timber
natural wood lintels supported by center posts, to more contemporary styled wood -
framed glass doors.
The Main House has been designed to take advantage of the slope, giving the
impression of a smaller and more modest one- and two-story building from the interior
entry at the arrival court, but presenting a much grander scale from the lakeside
promenade. The height of the Main House, measured from the arrival court entry, is
proposed to be approximately 29 feet in height. When viewed from the lakeside
boardwalk, the Main House is proposed to be approximately 40 feet in height. The
highest point of the building will be a small bell tower located adjacent to the arrival
court, and is proposed to be 39 feet in height, measured from the arrival court's main
entry (Attachment 1, Sheet 4.05). All three levels of the Main House will consist of
outdoor spaces, wooden decks, fire pits, and balconies built out onto the lake. The
entire architecture of the Main House has been designed to maximize usage of outdoor
space.
Presidential and Hospitality Villas:
Adjacent to the Main House are the two-story Presidential and Hospitality Villas, which
are the premium hotel units for the project (Attachment 1, Sheet 4.01 — 4.07). These
villas are designed to seamlessly appear from the outside as if they were a part of the
Main House and will share identical contemporary Mexican design details as the Main
House.
The Presidential Villa will be approximately 5,600 square feet and the Hospitality Villa
will be approximately 5,000 square feet. Each unit contains living and dining rooms,
multiple lock -off bedrooms and bathrooms, and private trellised patios and balconies
overlooking the lake. Access to a pool/spa, plunge pool, and an outdoor shower garden
is also included.
Spa Building:
Also adjacent to the Main House is the two-story, t 11,911 square foot Spa Building
and a gated and screened receiving area connected to the Main House via the lower
level (Attachment 1, Sheet 4.02 — 4.07). The entry to the Spa Building consists of a
square spa arrival court with a fountain at the center. This square arrival court will not
be used by hotel patrons, who will primarily access the facility via the pedestrian
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walkways adjacent to the event lawn or via the pool area, but will provide an access for
non -hotel guest spa users who are expected to park in the nearby parking garage. The
Spa Building will consist of the same contemporary Mexican architectural details as the
Main Building, but will instead focus inward on private spa courtyards and outdoor
spaces. The rear of the facility will feature a partial courtyard surrounded by semi-
private cabanas facing various pools.
Spa Village:
Adjacent to the Spa Building will be the Spa Village, consisting of a cluster of four
buildings containing spa -oriented hotel units (Attachment 1, Sheet 4.08 - 4.11). Three
of the four buildings are proposed to be two stories in height, and one is proposed to be
three stories in height at approximately 39 feet-6 inches. The buildings range in size
from approximately 6,500 square feet to 21,300 square feet.
The Spa Village buildings include three different unit types. The Hotel Studio unit
consists of a bedroom, bathroom, and an outdoor patio. The Spa Studio unit consists
of a larger bathroom, bedroom, foyer, and outdoor patio. The Spa Suite unit includes
two bathrooms, a larger bedroom/foyer area, two patios, and an additional treatment
room. All of the Spa Village buildings will reflect the project's contemporary Mexican
architecture and consist of flat -roofs, earth -tone plaster complimented by individual
trellis -covered balconies, varied rooflines, real wood doors, and roofline accent timbers.
Hotel Units:
The remaining condominium hotel units on the Boutique Hotel site are located within
the twenty buildings situated along the main circulation drive (Attachment 1, Sheet
4.12 - 4.18). The two-story hotel buildings consist of four distinct building types with
varying unit configurations, and an architectural style consistent with the rest of the
project. Each of the hotel units generally consists of kitchen and dining facilities, living
room area, and a varying number of bedrooms, some with condominium/hotel lock -off
units. Patios and covered terraces provide outdoor living space for each unit.
The hotel units at the north end of the Boutique Hotel site will surround the family pool
area. The family pool will feature three different pools, an artificial beach, snack bar,
semi -private cabanas, and trellis -covered chaise lounges placed within the main pool.
Accessory buildings for housekeeping, mechanical equipment, and restrooms will match
the contemporary Mexican architecture. Landscaping around the family pool will be
consistent with the remainder of the hotel and have a functional use for turf.
Parking:
Parking counts will be in accord with the minimum 347 parking spaces required under
the SilverRock Specific Plan Resort Parking Program. The current site plan identifies
354 spaces. The applicants have stated that a minimum of 350 parking spaces will be
provided, due to the fact that a few spaces may be lost or gained prior to construction.
The majority of the provided parking will be either covered underneath the proposed
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carports or within a parking structure served by valet. The proposed parking structure
currently identifies 185 valet spaces with an adjacent 31 outdoor self -park spaces, and
a handful of short-term parking available at the arrivals court. Trellis -covered parking
spaces will be available along the remainder of the site for guest self -parking.
To accommodate parking, the applicant is proposing to construct a two-story, 185-
space, partially -sunken parking structure (Attachment 1, Sheet 4.21). The upper level
of the parking structure will be essentially at grade with the hotel arrival court, while
the lower level will be partially sunken into the hillside adjacent to the golf course. The
parking structure will be utilized for valet parking and has been designed with tandem
spaces (double-parked) along the east side (facing the golf course) to maximize vehicle
capacity. Each level of the parking structure will be approximately 25,543 square feet.
The upper portion of the east elevation of the parking structure will face Hole No. 2 of
the existing golf course and Silver Rock Way. The exposed exterior fagade will be
stucco painted an earth tone color to match the surrounding landscaping. The upper
level fagade will be the most visible, providing 3.5 feet of vehicle screening. The
parking structure will be constructed as far below the existing grade as possible,
resulting in approximately eight feet of visibility above the proposed berm. The
applicants have proposed screening this remaining eight feet with landscaping
integrated into the golf course. This berm could be increased but would involve off -site
grading which would impact the golf course. The applicants have stated that they are
currently working on additional screening possibilities for the parking structure.
Landscaping:
The overall landscape design throughout the Boutique Hotel site is intended to
complement the theme and character of the contemporary Mexican architectural style
of the various hotel buildings (Attachment 1, Sheet 8.01 - 8.06). Plant material
consists of a combination of desert -native plants that have previously been incorporated
into the SilverRock Resort environment. Most utilized around the hotel site are
numerous trees and a variety of dense hedges and shrubs, with minimal use of turf.
The environmentally -conscious plant material palette proposed for the hotel site is
characterized by low water use and minimal -maintenance plants, which further
conserves resources.
The hotel site has been separated into several zones with specific landscape concepts
and distinct plant palettes. The Entry Drive Zone focuses on the entry monument and
utilizes large canopy trees lining the entry drive leading to the auto court, supplemented
with an abundance of various shrubs and ground cover. The Auto Court Zone features
a large signature canopy tree as a central focus with perimeter landscaping that may
include accent plants with a desert garden theme. The Golf Course Interface Zone
includes the area of transition from the existing golf course to the Boutique Hotel site.
The landscaping concept in this zone is to blend desert plant material used on the
course with the new development. Hotel buildings and parking areas will be buffered
with screening plants and strategically -placed trees and palms. Pool Zone landscaping
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consists of plant materials that are more tropical in nature, while providing adequate
shade and a pedestrian friendly atmosphere (Attachment 1, Sheet 8.10). The entire
perimeter of the hotel is surrounded by an intermittent cobblestone foot -wall
approximately 18 inches in height.
Facility Operations:
Guests will enter the site and proceed to the Main House for check -in. Temporary
parking for guests will be located at the arrival court turnaround with the option to
either self -park or utilize valet parking. Those individuals not staying at the hotel would
either utilize valet services or park in the semi -circular lot located adjacent to the upper
deck of the parking structure. During the high season, the parking structure itself will
be exclusively utilized for valet and employee parking, due to the inclusion of tandem
spaces (double-parked). The hotel will utilize golf carts to escort guests utilizing valet
parking to their rooms.
Housekeeping services will be primarily conducted via smaller accessory buildings
interspersed throughout the site. Loading and receiving will be conducted within the
gated area at the main house adjacent to the Spa Building. The loading area is large
enough to wholly enclose and screen small and medium-sized cube -truck deliveries and
can contain a semi -truck without obstructing the main drive. The applicants have
provided turning templates that identify semi -trucks are capable of safely accessing the
loading area. The buildings surrounding the loading area will contain engineering,
housekeeping, human resources, and uniform services, with service elevators leading to
sub -grade storage areas, service access to the meeting rooms, and the kitchen.
The project is designed as a condominium hotel, with individual units to be sold as
private ownership units. When not in use by the owner, these rooms are intended to
be returned to the supply of rooms available to the hotel. Under the approved
Development Agreement, owners are limited to a maximum use of 60 days per year for
no more than 29 consecutive days. The property will feature 200 hotel units with 259
keys. The difference between the number of units and keys is due to the "lock -off'
design of the rooms, in which one unit may consist of two or more bedrooms which
can be locked from use, depending on the needs of the guest. To ensure that the
project is designed for short-term stays, all kitchen areas and appliances are not full-
sized.
ANALYSIS
Staff finds that the overall architectural style and layout of the proposed SilverRock
Boutique Hotel to be well designed. The proposed Boutique Hotel conforms to the
setback, height, and land use standards identified in the previously approved SilverRock
Resort Specific Plan. The layout of the project site harmoniously merges a pedestrian -
friendly resort spa with an existing golf course, while maintaining an adequate
separation of vehicular and pedestrian circulation throughout the site by means of the
walled paseo.
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The proposed parking structure will be visible from SilverRock Way and Ahmanson
Way. Concerns have been raised with regards to the visibility of the structure and
parked vehicles along the southeastern perimeter. While the lower level of the structure
is sunken and hidden from view behind the proposed berm, the eastern face and
vehicles parked along the upper deck will be partially visible from behind the proposed
tree line and landscaping (Attachment 1, Sheet 4.21). The Planning Commission
recommended a condition of approval for enhanced landscaping along the exposed
portions of parking structure. The final design will require a careful balance between
screening the parking structure and vehicles, and maintaining visibility of the hotel
building.
The Planning Commission is generally supportive of the proposed landscaping palate
and design. The applicant has provided a desert -appropriate landscaping design that
provides an appropriate transition with the surrounding golf course while complimenting
the hotel's architecture. The project will have a functional use of turf limited to the
family pool area and the event lawn. Previous concerns with higher -maintenance plants,
such as Chilean Mesquites, Bottle Trees, and California Pepper Trees, have been agreed
for substitution by the applicant and addressed in the recommended conditions of
approval. Final landscaping plans have been conditioned to be brought back for ALRC
review and Planning Director approval.
Sheets 8.07, 8.08, and 8.09 identify three different conceptual main entry design
alternatives. The applicants have suggested incorporating the best of each alternative
proposal for the project entry, rather than utilizing one of the three designs.
Additionally, this entry should be evaluated in the context of the overall design of the
SilverRock Resort streetscape as part of the design of Phase 2, which includes several
golf, clubhouse, and associated improvements. The Planning Commission had no
particular entry alternative preference and supported this concept, recommending that
the final entry landscaping design be returned to the ALRC for review. The Planning
Commission also recommended that brick pavers or a similar decorative paving be
utilized, instead of the identified asphalt paving, along the entry drive leading from
Ahmanson Way to the hotel arrivals court.
PLANNING COMMISSION ACTION AND PUBLIC COMMENT
At its July 26, 2007 meeting (Attachment 2), the Planning Commission recommended
approval of the proposed SilverRock Condominium Hotel application by a 3-0 vote
(Barrows and Engle absent). During the public hearing, Commissioners asked
questions of staff and the applicant regarding hotel operations and the use of natural
wood in the project architecture. Testimony was given by Mr. Troy Worgull, project
architect, and Mr. Ted Lennon, Sr. Vice President of Lowe Destination Development, in
regards to the project design and concept.
During the hearing, the architect discussed the underlying support structure and
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pointed out that all of the large exposed timbers and beams were designed to be
located underneath roof overhangs and out of direct sunlight. The architect and
applicant reiterated their responsibilities for wood maintenance. They stated that they
were exploring the use of synthetic wood for decking material on the promenade and
that they felt synthetic materials were not appropriate for the building.
Also during the hearing, Mr. Ted Lennon mentioned that they were working towards
designing an environmentally -sensitive building and stated their attempt to achieve a
LEED certification. No one else spoke on this item. No letters or comments from the
public were received regarding the boutique hotel.
Environmental Analysis
This proposal implements the previously approved SilverRock Resort Specific Plan.
The environmental impacts associated with the implementation of that Specific Plan
have been previously assessed in accordance with the California Environmental Quality
Act (CEQA). An Addendum to a prior Mitigated Negative Declaration (Environmental
Assessment No. 2002-453) was certified by the City Council in 2006 in connection
with the approval of the SilverRock Resort Specific Plan 06-080. This Specific Plan
established design guidelines and development standards in a focused development
plan for the distribution of land uses, location and sizing of supporting infrastructure,
development standards, and requirements for public improvements on the 546 acre
project site. A water supply assessment/verification for the project site was also
completed and approved by the Council in 2006. Thus, as the proposed development
is an implementation of the approved Specific Plan and no changed circumstances or
conditions are proposed nor has any new information been submitted, no further
environmental review is necessary pursuant to Public Resources Code Section 21166
and the Section 15162 of the Guidelines for Implementation of CEQA.
FINDINGS AND ALTERNATIVES:
Findings necessary to approve the various development applications can be made and
are contained in the attached Resolutions.
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving Site Development Permit
2007-886 subject to the Findings and Conditions of Approval; or
2. Do not adopt a Resolution of the City Council, approving Site Development
Permit 2007-886; or
3. Provide staff with alternative direction.
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Respectful
Planning Director
Approved for submission by:
Thomas P. Genovese
City Manager
Attachments: 1. SilverRock Resort Boutique Hotel SDP (booklet)
2. Minutes of the June 26, 2007 Planning Commission Hearing
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