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2009 12 15 CC&# 4 4 adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, DECEMBER 15, 2009 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2009-102 Ordinance No. 476 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. 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 PROPERTIES IDENTIFIED AS APNs: 773- 078-016, -017, -006, AND -007. PROPERTY OWNER/NEGOTIATOR: KIMBERLY LEE. City Council Agenda 1 December 15, 2009 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 LA QUINTA LIBRARY AND MUSEUM QUARTERLY REPORT FOR JULY THROUGH SEPTEMBER. 2. PRESENTATION OF 2009 B.E.S.T. APWA NATIONAL PUBLIC WORKS AWARD FROM THE SOUTHERN CALIFORNIA CHAPTER OF THE AMERICAN PUBLIC WORKS ASSOCIATION FOR LA QUINTA'S NATIONAL PUBLIC WORKS WEEK CELEBRATION AND STUDENT OUTREACH PROGRAM. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM A. J. SUTTON, STEWARDS OF THE FRED WOLFF BEAR CREEK NATURE PRESERVE, DATED NOVEMBER 24, 2009, REQUESTING THE ADDING OF ADDITIONAL LAND. 2. WRITTEN CORRESPONDENCE FROM MILTON OLANDER DATED DECEMBER 4, 2009, REQUESTING A WAIVER OF RESIDENCY REQUIREMENT TO SERVE ON THE INVESTMENT ADVISORY BOARD. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 1, 2009. 002 City Council Agenda 2 December 15, 2009 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 15, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED OCTOBER 31. 2009. 4. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 5. ADOPTION OF A RESOLUTION AMENDING THE TRAVEL AND EXPENSE POLICY FOR CITY COUNCIL MEMBERS, MEMBERS OF CITY LEGISLATIVE BODIES, AND CITY EMPLOYEES. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY FARMERS INSURANCE/ LAGUNA DE LA PAZ — DATE OF LOSS: OCTOBER 23, 2009. 7. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND AUTHORIZATION TO ADVERTISE FOR BIDS THE TRAIL AT THE FRED WOLFF BEAR CREEK NATURE PRESERVE, PROJECT NO. 2008-05. 8. ADOPTION OF A RESOLUTION APPROVING A SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION REGARDING AN ALTERNATE WORK WEEK SCHEDULE. 9. ADOPTION OF A RESOLUTION REGARDING AN ALTERNATE WORK WEEK SCHEDULE FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 30092, PIAZZA SERENA, K. HOVNANIAN FORECAST HOMES, INC. 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30092, PIAZZA SERENA, K. HOVNANIAN FORECAST HOMES, INC. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31852, POLO ESTATES, RINDLESBACH CONSTRUCTION, INC. City Council Agenda 3 December 15, 2009 "- 003 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31852, POLO ESTATES, RINDLESBACH CONSTRUCTION, INC. 14. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR END JUNE 30, 2009. 15. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 97-1 FOR FISCAL YEAR END JUNE 30, 2009. 16. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DUDEK TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE VILLAGE AREA SIDEWALK INFILL IMPROVEMENTS, PROJECT NO. 2009- 19. 17. AUTHORIZATION TO REJECT ALL BIDS AND RE -ADVERTISE FOR BID THE HIGHWAY 111 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT AND INTERCONNECT PROJECT, PROJECT NO. 2008-16. 18. ADOPTION OF A RESOLUTION SUPPORTING EXTENDED PRODUCER RESPONSIBILITY FOR DISPOSAL OF WASTE. 19. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE DUNE PALMS ROAD IMPROVEMENTS, PROJECT NO. 2009-04. 20. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS SPRING CONFERENCE KNOWN AS RECon IN LAS VEGAS, NEVADA, MAY 23-25, 2010. 21. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES OFFICERS AND BOARD OF DIRECTORS PLANNING MEETING IN WASHINGTON, DC, JANUARY 7-9, 2010. City Council Agenda 4 December 15, 2009 004 BUSINESS SESSION 1. CONSIDERATION OF AN EXTENSION OF THE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF RIVERSIDE FOR MANAGEMENT OF THE LIBRARY AND MUSEUM. 2. CONSIDERATION OF CITY COUNCIL REORGANIZATION. A. MINUTE ORDER ACTION 3. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE AND OTHER AGENCY APPOINTMENTS. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 8, CHAPTER 13, OF THE LA QUINTA MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING AND IRRIGATION SYSTEM DESIGN. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING 5. CONSIDERATION OF A "COMMUNITY VIDEO SHOWCASE PROGRAM" IN CONJUNCTION WITH THE NATIONAL LEAGUE OF CITIES AND CG1 COMMUNICATIONS. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION OF TURF REDUCTION AND LANDSCAPE PLANS FOR FISCAL YEAR 2009-2010 GREEN PROJECTS. 2. DISCUSSION OF OPTIONS REGARDING THE WIDENING OF FRED WARING DRIVE BETWEEN ADAMS STREET AND PORT MARIA ROAD. City Council Agenda 5 December 15, 2009 005 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. PLANNING COMMISSION MINUTES DATED OCTOBER 27 AND NOVEMBER 10, 2009 19. ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE MINUTES OF OCTOBER 7, 2009 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. GRANTS UPDATE 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR NOVEMBER 2009 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR NOVEMBER 2009 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR NOVEMBER 2009 8. PUBLIC WORKS DEPARTMENT REPORT FOR NOVEMBER 2009 9. POLICE DEPARTMENT REPORT FOR NOVEMBER 2009 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE "a... 006 City Council Agenda 6 December 15, 2009 MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2008-601; 2) APPROVAL OF SPECIFIC PLAN 83-002, AMENDMENT NO. 7; 3) APPROVAL OF TENTATIVE TRACT MAP 36139; AND 4) APPROVAL OF SITE DEVELOPMENT PERMIT 2008-907 TO SUBDIVIDE THE PROJECT SITE AND CONSTRUCT THE PGA WEST GOLF VILLAS, A 54-UNIT RESIDENTIAL DEVELOPMENT CONSISTING OF SINGLE FAMILY ATTACHED DUPLEX UNITS AND COMMUNITY CENTER FOR PROPERTY LOCATED ON THE WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC. A. RESOLUTION(S) ACTION City Council Agenda 7 December 15, 2009... 007 2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PLANS FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE LOCATED ON THE WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC. A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on January 5, 2010, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of December 15, 2009, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on December 11, 2009. DATE . December 11, 2009 VERONICA J ONTECINO, 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 (241 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. City Council Agenda 8 December 15, 2009 ""' 008 PRESENTATION: / La Quinta Public Library Quarterly Report July 2009—September 2009 Circulation The La Quinta Public Library circulated 62,731 items in the First Quarter of 2009-2010. This is an increase of 8,177 items, or 13%, over the same period in 2008/2009. Public Computer Usage During this quarter, 9,836 computer sessions were logged on the library's 28 public access computers. Public computers are used by all ages and an important connection for tourist and short-term visitors keeping in touch with work, family, or checking travel arrangements. Door Count This quarter 47,250 people visited the library to check out materials, read newspapers and magazines, utilize the Internet service, attend programs, and purchase books from the Friends of the Library Book Store. This is a 19% increase over 2008-2009 First Quarter of 2008-2009. New Borrowers In the period between July 1 and September 30 the staff issued 817 new library cards and increasing La Quinta Library's total number of borrowers to 25,401. Programming A Preschool Storytime for children 3'/2 to 5 years old was held four Tuesday mornings during the quarter. A total of 312 children attended. A weekly On -the -Lap Storytime Program for parents with babies and toddlers was held prior to the Preschool Storytime. Four programs were attended by 195 participants. A Saturday morning program, Baby Play and Sign, is for babies and their parents with a focus on family communication and interaction using Baby Sign. Five programs were presented with 143 participants. Volunteers During this quarter 66 volunteers donated 934 hours of time. Volunteers worked in the book store, shelved returned books in the library, helped with programs, and performed a myriad of other tasks. Twenty-four of these volunteers were high school students performing volunteer service to use on college applications and to earn school credits. Friends of the Library The La Quinta Friends of the Library continue to offer support in all areas. This quarter they purchased incentives for the Summer Reading Program and hosted the July "Thursday @ Three" series of programs for families with school age children. 009 La Quinta Public Library Quarterly Report July 2009—September 2009 Special Annual Events This year's Summer Reading Program, with the theme "Be Creative at @ the Library", began in June and continued through August. This year 501 children registered to participate. Registered children had the option of signing up for either Reading Rewards which charts the time a child spends reading or the Books We Shared Program which records books read aloud to the child. This summer La Quinta children recorded 2,037 hours of reading and 4,480 books shared. The library held five programs with performers in our "Thursday @ Three' series aimed at school -age children and their families. The five programs drew 777 people —a 31% increase over summer of 2008. Outreach to Schools All fifth grade students from Benjamin Franklin Elementary School took part in library reference training sessions during September. The training focused on how to find things in the library and how to use the library as a reference tool from home and school. Networking with other City Agencies During this Quarter the library provided a monthly preschool story time at the museum on the first Wednesday of the month and worked with museum staff to create an International Talk Like a Pirate Day event at the museum. The library acted as host location for the Museum sponsored Don Wildman event that drew 165 people. In September the Library and Senior Center began a joint mystery book club where the library provided books and discussion topics while the Senior Center provided speakers to give background on the subjects. The first set books used also tied in with exhibits at the Museum. ,,e... ^ 01.0 Estimated La Quinta Library Expenditures July 1, 2009 - September 30, 2009 Library Contract Expenditures LSSI Expenditure $ 127,019 Library Materials $ 32,935 Total Library Contract Expenditures $ 159,954 County Expenditures Personnel $ 48 Insurance $ 3,420 Miscellaneous Expenses $ 332 Special Program Expenses $ 18,209 Accounting Costs $ 405 Travel and Conferences $ 67 Su000rt Services $ 21,339 TOTAL EXPENDITURES $ 203,774 Oil La Quinta Museum Quarterly Report July 2009—September 2009 Visitors The 1,050 people who visited the museum this quarter ranged from school aged children to adults and included guests from not only the Coachella Valley but from San Diego and the greater Los Angeles area. Exhibits The exhibits on display this quarter included Pioneer Families of La Quinta, Paris en Plein Air, 400 Years of Astronomy and Abraham Lincoln. The La Quinta Museum worked closely with NASA's Jet Propulsion Laboratory in Pasadena, California to secure a number of the artifacts exhibited in 400 Years of Astronomy. The Abraham Lincoln Memorial Shrine in Redlands, California also worked closely with the La Quinta Museum to loan items displayed in the Abraham Lincoln exhibit. Programming Preschool Story Time for children ages 3-5 was held the first Wednesday of each month for a total of 3 sessions. Sixty-two children attended these programs. The story time programs were a collaboration between the La Quinta Museum and City Librarian Beth Foley of the La Quinta Library. The museum's other special events attracted a total of 463 visitors. Topics of these events included: Galaxy Adventure Club, NASA's Craig Ihde, S.C.R.A.P. Gallery, children's book author Amada Irma Perez, Abraham Lincoln Opening Reception, Abraham Lincoln Memorial Shrine presentation, La Quinta Cove Star Party, Talk Like a Pirate Day and the History Channel's Don Wildman from the "Cities of the Underworld" television program. The La Quinta Museum's Galaxy Adventure Club program for school aged children featured activities such as film canister rockets, a dry ice comet and flour craters. Children's author Amada Irma Perez's visit was part of the La Quinta Museum's Dia de los Niiios celebration and included free books for all children who attended. The enthusiastic response to Don Wildman's visit forced the event to move from the La Quinta Museum to the La Quinta Library to accommodate the overwhelming attendance. Volunteer Hours During this quarter 9 volunteers donated 168 hours of their time to the museum. Volunteers greeted visitors at the reception desk and helped set up for special events held at the museum. Gift Shop Total sales in the gift shop this quarter was $396.29 The La Quinta Museum continued to add new merchandise the gift shop including themed items such as Abraham Lincoln plush dolls, hardtack and astronaut ice cream. ^1^ Estimated La Quinta Museum Expenditures July 1, 2009 - September 30, 2009 Personnel $ 29,625 Programming $ 2,173 Other Costs $ 5,457 TOTAL EXPENDITURES $ 37,255 C.13 WRITTEN CORRESPONDENCE ITEM: November 24, 2009 Honorable Mayor Don Adolph Honorable Councilman Stanley Sniff Honorable Councilwoman Terry Henderson Honorable Councilwoman Linda Evans Honorable Councilwoman Kristy Franklin J i 78-495 Calle Tampico 2 4 2M9 1 La Quinta, California 92253 -- —1 CuVGI �A 4e.r,:A _ Honorable Mayor and Members of the City Council: The Stewards of the Fred Wolff Bear Creek Nature Preserve request that the land along the Fred Wolff Bear Creek Trail south of the existing preserve be officially designated as part of the preserve, and be included in its master plan. The area we wish to add is bordered by the Calle Chillon entrance to the trail (north), the Calle Tecate entrance (south), the flood control channel (west), and Avenida Montezuma and the rear property lines of 17 lots along the west side of the southern end of Avenida Madero (east). The original preserve, 19 acres purchased by the city in 2003, stopped at the Calle Chillon entrance to the trail. City staff research shows that the proposed addition, an approximately 8.99 acre parcel, is city land with an access easement for the Coachella Water District similar to the rest of the preserve. Many who enjoy the southern end of the trail are surprised to learn that it is not yet protected as part of the preserve. The stewards encourage the city to protect the natural characteristics of this area by including it in the preserve. We invite each of you to visit to this area to see that it retains much of the natural character and native vegetation of the desert. We are sure this will confirm the wisdom of officially adding this area to the Fred Wolff Bear Creek Nature Preserve. The stewards look forward to continuing working with Community Services Department to preserve our beautiful desert. Those who use the trail and enjoy the flora and fauna flourishing there will thank you for your foresight in protecting it for generations to come. Thank you. Sincerely, a'Ce r Stewards of e Fred Wolff Bear Creek Nature Preserve cc: Tom Genovese, City Manager WRITTEN CORRESPONDENCE ITEM: J, L C PAJ6, Milton Olander 78-698 Sunrise Canyon Ave. Palm Desert, CA 92211 760-200-3120/760-574-5220 December 4, 2009 Mr. Don Adolph Mayor, City of La Quinta Dear Don, Respectfully, I am requesting a waiver of the City's requirement that board members (i.e. Investment Advisory Board) must reside in La Quinta. The background of this request is that, having turning age 81, we have recently moved to a smaller property in Palm Desert. We have lived in La Quinta for over eleven years and, as you know, I previously served on the IAB for eight years. My request is based on the following: In May, when I re -applied for membership on the Board I had absolutely no plans to move from La Quinta. Had I known of this possibility, I would not have applied for the position. First and foremost, I was not aware of such a restriction, enacted by the Council in November 2007 — after I retired from the Board in June of 2007. In prior years, membership on City Boards did not require a La Quinta residency; in fret, at one point, our chairman and vice chairman resided elsewhere. During the application process, there was no mention, in writing or in conver- sations, relating to the new rule. In fact, the current City ofLa Quinta Investment Policy- 2009-2010 states under General rules regarding appointments (2.70.010) that the IAB "is a standing committee composed of five (5) members from the public ". In my 11 years in La Quinta, I have been active in the community, and as a Korean War Veteran, I am honored to be listed on the Armed Services plaque in the La Quinta Park. I would like to believe 1 have the support of the present IAB as well as members of the Finance Department and City Council. Mr. Mayor, thank you for your consideration of my request. Sincerel „ z V .(� Million Olander �� ; / 616) 5 A/ r ,2 Z 0 015 �T F CFI 001; S COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Demand Register Dated December 15, 2009 RECOMMENDATION: Approve Demand Register Dated December 15, 2009 BACKGROUND: Prepaid Warrants: 85365 - 854001 Voids} Wire Transfers} P/R 35879 - 35893} P/R Tax Transfers} Payable Warrants: 85401 - 855091 FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash -RDA MDemand of Cash - HA ohn M. Falconer, Finance Director 406, 708.43 (335.27) 266, 303.69 240,686.26 64, 784.20 915,729.42 $1,893,876.73 $1, 708, 752.84 $185,086.58 $37.31 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 016 n I mV Zx I ➢. M m m m m m m m m m m m I om • z-Iom VI UI Ul VI VI UI VI UI UI UI VI 0I x K 47 T W W W W W W W W W W W x r AD J J J J J J P P P P P I OODA Ul F W N r-. o b m J P m I OT3m < l r 0m IM,N W VI VI 0 1=t = Or rCFW N N F W b P VI W m W r A r N Z P\ J V o P o m VI b W W VI --I � T � o x x x 0 m 0 0 0 0 0 ➢ I An b N m D D A O r ➢ D n O I O m z z 0 z ➢ m 0 z r -/ I on n m C 0 0 2 z � .0. m m i- o m A D O m T z A m <. D I -I a W 3 r 0 m o w 0 l z m I Z T 0 N o T x r -I 1 a I D Z I x 0 IH Z m ➢ m D A -1 r A 'Mo. 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J m o - A O M I>>>\ N w O i X mF I ZZZNA N r t)noON On I o r A A r r r o c� r A rm m .nDa O c o o 0 T o 0 0 Ott a 1Lzo N H 10 C O O .[� MNZ M o I Ck i A > w >< o r Z o r N t}I 'M C N r . n A .0 w M O m c V � r A 'O a m o on N A 0 n O O -i H L C < O -00 Z o a o O \ m N T O o O• Tr \ no Da o M• K o I maa na MC ama 0 < o m I Mz m z I1 o cn am 1 o T ow !7A 1 o M Dn n M a w (M Mr mo �l o x a 4o r •n + o n < N A r ➢ OM Z NZ Z Z \t mo a o no z AZ J A i "a N OZ o DD oM Mx I om mM z z C H K T m r D N z N Z Z o I < m O N M A . o D m o zm O N Z C 3 M m A A m T O A O � N Z 0 C \ 3 V A MD m➢ may N > Z A m o ao o C zz z o D1 o v M ts.. • 047 cFM OF'CKF'��`' AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 15, 2009 BUSINESS SESSION: ITEM TITLE: Receive and File Treasurer's Report dated October 31, 2009 CONSENT CALENDAR: �' [.�dllr]Y.7�.Y.YL17►8 PUBLIC HEARING: RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated October 31, 2009 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, a�"jl John M. Falconer, Finance Director a d4r, Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/treasurer SUBJECT: Treasurer's Report for October 31, 2009 DATE: November 30, 2009 Attached is the Treasurer's Report for the month ending October 31, 2009. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change LAIF Certificates of Deposit US Treasuries (2) US Gov't Sponsored Enterprises (2) Commercial Paper (2) Corporate Notes Mutual Funds $ 48,307,586 1,209,000 107,930,520 - 15,286,794 $ 5,123,608 1 $ (3,475,000) (7,000,000) 28,147 0 0 (12,093) 0 $ 49,956,194 1,209,000 100,958,667 0 0 15,274,701 0 1,648,608 0 (6,971,853) 0 0 (12,093) 0 Subtotal $ 172,733,900 $ 5,123,608 $ 10,475,000 $ 16,054 $ 167,398,662 $ 5,335,338 Cash 3 $ 846,446 $ 899,147 1 $ 1,745,593 899,147 Total $ 173,580,346 $ 6,022,755 1 1 $ 10,475,000 $ 16,054 1 $ 169,144,155 $ 4,436.191 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. 'Uwk/I .� tz/i/ ZOOcI John M. Falconer Date Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. M Treasurer's Commentary For the Month of October 2009 Cash Balances — The portfolio size decreased by $4.4 million to end the month at $169.14 million. The major reason for the decrease was payments to the Riverside County Sherriff of $2 million, semi annual debt service payments of $543,190 for the City Hall Bond issue, and payments of $909,000 for Capital Projects. Investment Activity — The average maturity of the portfolio decreased by 32 days to 90 days at the end of October. The Treasurer follows a buy and hold investment policy and no purchases were made in October.The sweep account earned $9 in interest income for the month of October and the bank fees for the month were $ 1,907 which resulted in a net decrease of $ 1,898 in real savings. Portfolio Performance — The overall portfolio performance decreased by three (3) basis points from the prior month and ended at .50% for the month, with the pooled cash investments yielding .52%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding 2.61 % which reflects the current interest rate environment. Looking Ahead While the liquidity crisis impacting financial and business institutions has somewhat waned, the Treasurer is still concentrating on safety first and foremost. In the short term, the Treasurer will be maintaining LAIF balances at the maximum allowable percentage because its rate declines slower in a declining rate environment. The Treasurer will not be investing in non-TLGP corporate notes, non-TLGP commercial paper or GSE's due to the current economic conditions affecting the financial markets; but instead will be investing in short term (up to two year) U.S. Treasury Bills. Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. El E U N O N N N N 0 N N N 2 Z Z Z Z Z Z Z x� W 0 ` 0=A c E g g a N Y y y d c m � p a D_ 2 E � `o � V v V U U � N ? 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R gq mom e R q K�AM PUP— s a na3 ^ n 3a g. ^z Aj n�Y LLa A —gj 'q C R gg a � Z pirg 8g a 3S= jjgp m8 E � �, II11 yyf �Y 111111 C 5 7 10 City of La Quoin Comparative Rates of Interest October 31. 2009 City of La Qu'n1a Year Monty ""'� PooleO Cash •�`�'-'••°^ Fiscal A enf Overall ae9e Maturity da Three Monte 1masu bnlWN0te Six Month One Year Two Year Three Month Non -Financial LAIFRai 4,85% FY 06107 July 2006 493% 5.00% 4,96% 95 5,06% August 2006 4.94% 5.01% 4.97% 48 4,07% 4,95% Sept2006 4,98% 5.01% 4.99% 53 5.00% 5.02% Oct 2006 5,00% 502% 501% 67 4.96% Nay 2006 5.04% 5.03% 5,03% 62 4,94% 5.10% Dec 2006 508% 5,04% 6,06% 80 4,90% 5.13% Jan 2007 5,18% 6.12% 5.16% 64 4.08% 5.13% Feb 2007 6,19% 5.13% 5.17% 45 4.95% 5.16% 5.18% Mar2007 5.21% 5.03% 5.15% 67 4,88% 5.21% Apr2007 520% 5.14% 5.15% 42 4.84% 522% May 2007 5.20% 5.06% 5.16% 32 4,81% 5,25% June 2007 5.19% 4,88% 5,10% 85 4.81% 5,25% FY 07MB July 2007 5,21% 4,90% 5.12% 129 4.80% 526% August200] 5.17% 4.85% 5,08% 109 4.59% 5.25% Sept2007 5.16% 4.86% 5.06% 129 4,00% 5.23% 002007 5,11% 4.85% 502% 116 3.95% 5.14% Nov2007 5,03% 4.83% 4.96% 99 3.34% 4.96% DecN07 4.95% 3.43% 4,45% 123 3,39% 480% Jan 200E 4.58% 3,33% 4.22% 96 2.31% 4,62% - Feb 2008 4.12% 3.24% 3,85% 86 2.07% 4.16% Mar2008 4,07% 2.83% 3,67% 74 1.50% 3.78% Apr2008 3.45% 3.27% 3.41% 82 1,70% 3,40% May 2008 3.14% 3,27% 3.17% 63 1.92% 3.07% June 2008 3.09% 1.94% 2.86% 80 2.14% 2,89% FY 0&09 July 2008 2,99% 1.93% 2]]% 62 170% 1,88% 2.29% 2.75% 2,18% 2,79% August2008 3,16% 1.92% 288% 51 1,69% 1.89% 2,14% 2.38% 2.08% 2.78% Sept 2008 2.81% 1.92% 2.64% 37 1.42% 1,79% 1.96% 2.00% 2.13% 211% Oct 2008 2.66% 2.61% 2.61% 29 0.90% 1,40% 1.72% 1.50% 2.07% 271% Nay 2008 2.38% 2.36% 2.36% 64 0.15% 049% 1.04% 1,25% 1.45% 2,57% Dec 2008 1.60% 0,18% 1,42% 116, 0.05% 0,26% 0.59% 0.88% 0,97% 2.35% Jan 20N 1.36% 0.18% 1.23% 82 0.15% 0,36% 0.43% 0.88% 031% 2.05% Feb 2009 1,23% 0,18% 1.11% 75 0,30% 0.50% 0.61% 0.88% 048% 1.87% Mar2009 1.26% 0.18% 1.13% fig 0.20% 042% 0.70% ON% 0.37% 1.82% Apr2009 0.94% 0.18% 0,85% 54 0.31% 0.33% 0.59% O.N% 0.28% 1,61% May 2009 0.92% 0,18% 0,84% 80 OA8% 0.30% 053% 0.88% 0.23% 1,53% June 2009 0.85% 0,29% 0.80% 111 0.20% 0.35% 0,55% 1.13% 0.26% 1.38% FY 09110 July 2009 0.69% 0.30% 0.65% 111 0,19% 0.28% 0,47% 1.00% 0,28% 104% August2009 0.64% 0.30% 0.61% 92 0.16% 026% 0.46% 1.00% 024% 093% Sept2009 0.56% 0.31% 0.53% 112 0.12% 0,19% 0.41% 100% 0.19% 0.75% �.. C 513 11 T O O N N 4) d C a ge t W C 0 O ... 0 �0.�. 1 I I I I i i I 1 I I � 1 i I I I I \ \ / a o -.-0 o o Y o 0 U T N C) O COO U 'T N O CQ O O r. O O O IL 0 0 U LoJ O) O 0) C) P 1 C C5312 Ce-i&f 4 64P QU!ArA'� COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Receive and File Revenue and Expenditure Report dated October 31, 2009 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Transmittal of the October 31, 2009 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: /11 Kf'Z4 '/ /Z AIK4'2'� — Thomas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures, October 31, 2009 S. 060 ATTACHMENT 7 CITY OF LA QUINTA REVENUES - ALL FUNDS 07101/2009 - 1013112009 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $39,147,246.00 $5,424,264.53 13.90% Library 2,552.500.00 0.00 0.00% Gas Tax Revenue 959,200.00 186,225.10 19.40% Federal Assistance 350,055.00 0.00 0.00% JAG Grant 86,303.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 22.57 0.00% Indian Gaming 120,300.00 39,036.14 32.40% Lighting & Landscaping 947,800.00 38.52 0.00% RCTC 0.00 281,469.89 0.00% Development Funding 0.00 0,00 0.00% Crime Violent Task Force 63,300.00 0.00 0.00% AB 939 14,000.00 1,096.98 7.80% Quimby 15,600.00 7.992.00 51.20% Infrastructure 100.00 311.53 311.50% Proposition 1B 606,885.00 461.95 0.10% South Coast Air Quality 99,700.00 4,588.37 4.60% Transportation 388,400.00 44,223.88 11.40% Parks & Recreation 111,500.00 16,948.00 15.20% Civic Center 140,400.00 18,968.31 13.50% Library Development 44,400.00 6,746.00 15.20% Community Center 21,000.00 2,292.77 10.90% Street Facility 14,700.00 1,671.86 11.40% Park Facility 3,800.00 496.03 13,10% Fire Protection Facility 26,500.00 2,695.64 10.20 % Arts In Public Places 37,325.00 8,427.81 22.60% Interest Allocation 0.00 132,122.42 0.00% Capital Improvement 100,607,204.00 82,671.75 0.10% Equipment Replacement' 23,800.00 4,115.24 17,30% Information Technology 340,744.00 332,217.24 97.50% Park Equipment & Facility 13,600.00 1,263.37 9.30% SilverRock Golf 3,430,349.00 429,797.62 12,50% SilverRock Golf Reserve 70.707.00 181.65 0.30% LQ Public Safety Officer 2,200.00 2,017.40 91.70% La Quints Financing Authority 6,603,611.00 4,351,555,63 65.90 % RDA Project Area No. 1 69,289,392.00 3,115,946.62 4.50% RDA Project Area No. 2 31,327,499.00 1,473,771.00 4.70% Total $257,560,120.00 $15,973,637.82 061 2 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS FUNDS enera BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT Library Gas Tax 1,720,35D00 250,706.14 0.00 1,469,64386 14.6% Federal Assistance 1,669.194.00 408,159.98 0,00 1,261,034A2 24.5% JAG Grant 334,230.00 0.00 0.00 334,230,00 0.0% Slesf(Cops) Revenue 86,303,00 100,000.00 0,00 0.00 0.00 0.00 86,303.00 100,00000 DO% 0.0% Indian Gaming Lighting 8 Landscaping 120,300.00 39,036.14 0,00 81,26386 32.4% RCTC 979,504.00 326,501.28 0,00 653,002,72 33.3% Development Agreement 1,970,76300 0,00 281,469.89 000 1.689,293.11 14.3% CV Molenl Crime Task Farce 205,000.00 0.00 195, 183.99 000 0,00 0.00 9,816.01 0.0% 96.2% AS 939 Quimby 217,482,00 25,870.78 2,00000 189,611.22 11.9% Infrastructure 9,617,963,00 21,263,75 0.00 9,596,699.25 0.2% Proposition l8 397,576,00 4,197.50 0.00 393,378.50 1.1% South Coast Air Quality 606,88500 372,58200 5A90.00 6,04341 000 0.00 601,195.00 366,53859 0.9% 1.6% CMAQ Transportation 177,000.00 0.00 0.00 177,000,00 0.0% Parks B Recreation 7,530,392.00 1.060.853.78 0.00 6.469,538.22 14.1% Civic Center 0,00 2,323,69 0.00 (2,32369) 0.0% Library Development 202,76400 82,681,02 0.00 120.082.98 40.8% Community Center 0.00 3.112,50 0.00 (3,112.50) 0.0% Street Facility 0.00 2,476,398.00 0.00 50.235.40 0.00 0.00 000 2,426,162.60 0.0% 2.0% Palk Facility Fire Protection 0.00 0.00 0.00 0.00 0.0% Arts In Public Places 9.250.00 1,50154 0.00 7,748.46 16.2% Interest Allocation 496,200.00 20,655.81 0.00 475,544.19 4.2% Capital Improvement 0.00 100,607,204.00 0.00 82.671.75 0.00 81.906.38 000 100,442,625.87 0.0% 0.1% Equipment Replacement 754,607.00 86,307,46 28,643.33 639,656.21 114% Informabon Technology 522.922,00 142,799.22 0.00 380,122.78 27.3% Park Maintenance Facility 378,931,00 0.00 0.00 378.931,00 0.0% Silver -Rock Golf SilverRock Reserve 4,188,771.00 1,049,623.65 000 3.139,147,35 25A% LQ Public Safety Officer 0,00 2,000.00 ODD 0.00 0.00 0.00 0,00 2.000,00 0.0% 0.0% La Quints Financing Authority 6,604,411,00 4,356,523.24 0,00 2,247,887.76 66.0% La Quinta Housing Authority 5,500.00 1.000,00 0.00 4,500.00 0.00 RDA Project Area No. 1 RDA Project Area No. 2 104,405.10500 14.051,961.48 0.00 90.353,143.52 13.5% 43,254,805,00 2.127,784.26 000 41,127,02074 4.9% oa 3 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Statutory Tax Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTALTAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Community Development Fees Public Works Fees TOTALFEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines. Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit - Capital Fire Services Credit - Operations CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue AB939 Assmnt Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/0112009 - 1013112009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,993,000.00 75,428.37 2,917,571.63 2.520% 3,413,000.00 154,232.43 3,258,767.57 4.520% 0.00 0.00 0.00 0.000% 5,617,500.00 643,400.00 4,974,100.00 11.450% 1,872,500.00 462,452.40 1,410,047.60 24.700% 573,760.00 107,116.37 466,643.63 18.670% 4,128,000.00 437,940.11 3,690,059.89 10.610% 328,300.00 150.00 328.150.00 0.050% 1,584,500.00 269,556.99 1,314,943.01 17010% 20,510,560.00 2,150,276.67 18,360,283,33 10.480% 288,800.00 104,848.60 183,951.40 36,300% 19,700.00 11,174.50 8,525.50 56.720% 101,500.00 77,564.24 23,935.76 76.420% 18,100.00 9,032.25 9,067.75 49.900% 13,600.00 7,137.00 6,463.00 52.480% 12,400.00 9,776.11 2,623.89 78.840% 12,600,00 5,500.00 7,100.00 43.650% 45,300.00 20,628.39 24,671.61 45 540% 512,000.00 245,661.09 266,338.91 47.980% 3,700.00 2.114.10 1,585.90 57.140% 328,900.00 192,976.71 135,923.29 58.670% 550.00 330.00 220.00 60.000% 84,100.00 63,371.06 20,728.94 75.350% 50,000.00 12,627.50 37,372.50 25.260% 327,400.00 41,645.10 285,754.90 12720% 794,650.00 313,064.47 481,585.53 39.400% 3,931,500.00 29,292.37 3,902,207.63 0.750% 107,100.00 19,232.22 87,867.78 17.960% 48,500.00 18,090.67 30,409.33 37.300% 36,800.00 52,663.78 (15,863.78) 143.110% 202,098.00 0.00 202,098.00 0.000% 0.00 0.00 0.00 0.000% 38,282.00 6,985.73 31,296.27 18.250% 3,748,505.00 192,615.19 3,555,889.81 5.140% 5,068,200.00 1,132,136.95 3,936,063.05 22.340% 16,800.00 4,200.00 12,600.00 25.000% 238,500.00 253 757.26 (15.257.26) 106 400°/ 13,436,285.00 1,708,974.17 11,727,310.83 12.720% 3,407,800.00 955,605.88 2,452,194.12 28.040% 11,000.00 11,619.23 (619.23) 105.630% 94,900.00 0,00 94,900.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 50.00 26.88 23.12 53 760% 105,950.00 11,646.11 94, 303.89 10.990% 380,001.00 39,036.14 340,964.86 10.270% 39,147,246.00 5,424,264.53 33,722,981.47 13860% 06'3 4 CITY OF LA QUINTA 07/01/2009-10/3112009 GENERAL FUND EXPENDITURE SUMMARY ADJUSTED 10/31/09 BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE CITY MANAGER'S OFFICE 1,031,015.00 307,129.85 0.00 723.885.15 29.79% DEVELOPMENT SERVICES 542.643,00 1,880,737.00 194.887.18 0.00 347.755,82 35,91% MANAGEMENT SERVICES 1,549,200.00 840,899,23 706,368.92 0.00 1,039,837.77 44.71% TOTAL GENERAL GOVERNMENT . 0.00 842,831 OB 45.60% CITY CLERK 706,637.00 2fi3,175.55 000 443,467.45 37.24% TOTAL CITY CLERK COMMUNITY SERVICES PARKS B RECREATION ADMINISTRATION SENIOR CENTER 1,440,141.00 721,32475 0.00 718,816.25 50.09% PARKS 8 RECREATION PROGRAMS 419,799.00 210,498.00 139,587.19 76,051.08 0.00 280,211.81 3325% LIBRARY MUSEUM 1,432,934.00 213,094.29 1.433.69 0,00 133,013.23 1,219,839.71 36,13% 14.87% PARK MAINTENANCE 296,863,00 1,031,084.00 46,722.39 322,148,12 0.00 2,99000 250,14061 705,945,88 15.74% 31.24% TOTAL COMMUNITY SERVICES FINANCE : FISCAL SERVICES CENTRAL SERVICES 1,098,857.00 435,051,87 0,00 663,805,13 39.59% TOTAL FINANCE 326, 796.00 132,838.86 0.00 193,951.14 40.65% BUILDING 8 SAFETY: BUILDING B SAFETY -ADMIN BUILDING 392,295,00 162,433.87 0,00 229,861.13 41.41% CODE COMPLIANCE 958,508,00 1,054.785,00 371,007.23 405.563,87 0.00 587,500.77 38.71% ANIMAL CONTROL FIRE 401,854.00 140,706,51 0.00 0.00 649,221,13 261,147,49 38.45% 35.01% EMERGENCY SERVICES 4,957,940.00 1,155,391.74 14,661.41 3,787,88685 23,30% CIVIC CENTER BUILDING -OPERATIONS 167,98500 1 1RnIns nn 76.162.27 »� �o> .o 0.00 ,...,. 91.822,73 ..._ _._ 45.34% POLICE: POLICE SERVICES 12,588,245,00 2,245,215.76 5800 10,342,971.24 17.84% TOTAL PUBLIC SAFETY . COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN CURRENT PLANNING 1,581,432.00 307.212.95 000 1,274,219,05 19.43% TOTAL COMMUNITY DEVELOPMENT 548,416,00 285,264.71 . 1.16).07 560,984,22 33.62% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION DEVELOPMENT B TRAFFIC 748.471,00 228,089, 16 21,446.67 498,935.17 30.47% MAINT/OPERATIONS - STREETS 1.100, 759.00 4,309,287.00 399,990,23 1,479,738.72 0.00 0.00 700,768,77 36.34% MAINT/OPERATIONS- LTG/LANDSCAPING 1,814,142.00 487,984,36 0,00 2,829,548,28 1,326,157.64 34,34% 26.90% CONSTRUCTION MANAGEMENT 1,395,550.00 435,878.81 77,391.61 882,279.SB 31.23% TOTAL PUBLIC WORKS TRANSFERS OUT 5,040,083,00 471,321,28 0.00 4,568,76172 9.35% GENERAL FUND REIMBURSEMENTS (6.B65334.00) 11676140821 000 I5189,193.18) 2441% NET GENERAL FUND EXPENDITURES 43,641,828.00 12,102,087.05 12014845 3141959250 2773% A CITY OF LA QUINTA 07/01/2009-10/3112009 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,549.700.00 0.00 2,549,700.00 0.000% Contributions 0.00 0.00 0.00 0.000% Interest 2,800.00 0.00 2,800.00 0.000% TOTAL LIBRARY 2,552,500.00 0.00 2,552,500.00 0.000% GAS TAX REVENUE: Section 2105 201,600.00 62,679.07 138,920.93 31.090% Section 2106 123,600.00 38,595.90 85,004.10 31.230% Section 2107 271,600.00 84,753.76 186,846.24 31.210% Section 2107.5 0.00 0.00 0.00 0.000% Traffic Congestion Relief 357,000.00 0.00 357,000.00 0.000% Interest 5,400.00 196.37 5,203.63 3.640% TOTAL GAS TAX 959,200.00 186,225.10 772,974.90 19.410% FEDERAL ASSISTANCE REVENUE: CDBG Grant 350,055.00 0.00 350,055.00 0.000% Federal Stimulus 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 350,055.00 0.00 350,055.00 0.000% JAG GRANT Grant Revenue 86,303.00 0.00 86,303.00 0.000% Interest 0.00 0,00 0.00 0.000% TOTAL JAG GRANT 86,303.00 0.00 86,303.00 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0.000% Interest _ 0.00 22.57 (22.57) 0.000% TOTAL SLESF (COPS) 100,000.00 22.57 99,977.43 0.020% INDIAN GAMING Grant revenue 120,000.00 39,036A4 80,963.86 32.530% Interest 300.00 0.00 300.00 0.000% TOTAL INDIAN GAMING 120,300.00 39,036.14 81,263.86 32.450% LIGHTING & LANDSCAPING REVENUE: Assessment 947,800.00 38.52 947,761.48 0.000% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 947,800.00 38.52 947,761.48 0.000% RCTC RCTC Funding 0.00 281.469.89 (281,469.89) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC 0 DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0,000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 32,700.00 0.00 32,700.00 0.000% Grant revenue -JAIB 25,600.00 0.00 25,600.00 0.000% CLET Line 3,100.00 0.00 3,100.00 0.000% Asset Forfeiture -State Adjudicated 0.00 0.00 0.00 0.000% Interest 1,900.00 0.00 1,900.00 0.000% TOTAL CRIME VIOLENT TASK FORCE 63,300.00 0.00 63,300.00 0.000% AB 939 REVENUE AB 939 Fees 0.00 0.00 0.00 0.000% Interest 14,000.00 1,096.98 12,903.02 7.840% TOTAL AB 939 0 2 07/01/2009 - 10/31/2009 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: 0.00 Quimby Fees 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 15,600.00 7,992.00 7,608.00 51.230% TOTAL QUIMBY 0 INFRASTRUCTURE REVENUE: Utility refund 0,00 0.00 0.00 0.000% Interest 100.00 311.53 (211.53) 311.530% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 100.00 311.53 (211.53) 311 530% PROPOSITION 1 B - SB1266 Prop I Grant 606,885.00 0.00 606,885.00 0.000% Interest 0.00 461.95 461.95 0.000% TOTAL PROPOSITION 1 B 423, 0 SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48,900.00 1,329.80 47,570.20 2.720% MSRC Funding 48,000.00 3,032.94 44,967.06 6.320% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 2,800.00 225.63 2,574.37 8.060% TOTALSCAQ 99,700.00 4,588.37 95,111.63 4.600% TRANSPORTATION Developer fees 382,400.00 39,920.64 342,479.36 10.440% Interest 6,000.00 4,303.24 1,696.76 71.720% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 388,400.00 44,223.88 344,176.12 11.390% PARKS & RECREATION Developer fees 111,500.00 16,948.00 94,552.00 15.200% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 111,500.00 16,948.00 94,552.00 15.200% CIVIC CENTER Developer fees 140,400.00 18,968.31 121,431.69 13.510% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 140,400.00 18,968.31 121,431.69 13.510% LIBRARY DEVELOPMENT Developer fees 44,400.00 6,746.00 37,654.00 15.190% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 44,400.00 6,746.00 37,654.00 15.190% COMMUNITY CENTER Developer fees 9,300.00 1,406.00 7,894.00 15.120% Interest 11,700.00 886.77 10,813.23 7.580% TOTAL COMMUNITY CENTER 21,000.00 2,292.77 18,707.23 10.920% C 6 6 t1 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 07/01/2009 - 10/31/2009 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY ARTS IN PUBLIC PLACES REVENUE: Ads in Public Places Arts in Public Places Credits Applied Insurance Recoveries Donations Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION 14,700.00 1,417.92 13,282.08 9.650% 0.00 253.94 (253.94) 0.000% 0.00 0.00 0.00 0.000% 14, 700.00 1,671.86 13,028.14 11 370 % 2,800.00 418.00 2,382.00 14.930% 1,000.00 78.03 92197 7800% 3,800.00 496.03 3,303.97 13 050% 26.500.00 2,695.64 23,804.36 10.170% 0.00 0,00 0.00 0 000% 26,500.00 2,695.64 23,804 36 10 170% 33,525.00 7,730.25 25,794.75 23.060% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 3,800.00 697.56 3,102 44 18 360% 37,325.00 8.427.81 28,897.19 22 580% 0.00 132,122.42 (132,122.42) 0,000% 0.00 0.00 0.00 0.000% 0.00 132,122.42 1132 122.421 0.000% C67 0 07/01/2009 - 10/31/2009 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND CVAG CVWD 114,123.00 35,779.23 78,343.77 31.350% County of Riverside 50,851.00 0.00 50,851.00 0,000% Surface Transportation Funding 0.00 9,523,273.00 0.00 0.00 0.00 9,523,273.00 0.000% 0.000% City of Indio 0.00 0.00 0.00 0.000% DSUSD 0.00 0.00 0.00 0.000% IID RCTC 0.00 0.00 0.00 0.000% Vista Dunes Housing LLP 0.00 0.00 0.00 0.00 0.00 0.000% S8821-Bicycle Path Grant 87,300.00 0.00 0.00 87,300.00 0.000% 0.000% State of California 0.00 0.00 0.00 0.000% APP Contribution 0.00 0.00 0.00 0.000% Developer Agreement Funding 459,112.00 0.00 459,112.00 0.000% Litigation Settlements 0.00 0.00 0.00 0.000% Transfers in From Other Funds 90.372,545.00 46,892.52 90,325,652.48 0 050% TOTAL CIP REVENUE 100,607,204.00 82,671.75 100,524,532.25 31 400% EQUIPMENT REPLACEMENT FUND: Equipment Charges 0,00 0.00 0.00 0.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 1,535.00 (1,535.00) 0.000% Insurance Recoveries 0.00 596.78 (596.78) 0.000% Interest 23,800.00 1,983.46 21,816.54 8.330% Transfers In 0.00 0.00 0.00 0 000% TOTAL EQUIPMENT REPLACEMENT 23,800.00 4,115.24 1968476 17290% INFORMATION TECHNOLOGY FUND: Charges for services 331,044.00 331,044.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest Transfers In 9,700.00 1,173.24 8,526.76 12.100% TOTAL INFORMATION TECHNOLOGY 0.00 340,744.00 0.00 332,217.24 0.00 8,526.76 0.000% 97 500% PARK EQUIPMENT & FACILITY Charges for services 0.00 0.00 0.00 0.000% Interest 13,600.00 1,263.37 12,336.63 9.290% Capital Contributions 0.00 0.00 0.00 0 000% TOTAL PARK EQUIPMENT & FAC 13,600.00 1,263.37 12,336.63 9 290% SILVERROCK GOLF Green fees 2,980,503.00 376,201.95 2,604,301.05 12.620% Range fees 109,296.00 10,970.00 98,326.00 10.040% Resident Card 15,000.00 6,945.00 8,055.00 46.300% Bob Hope Chrysler Classic 0.00 0.00 0.00 0.000% Merchandise 325,550.00 35,680.67 289,869.33 10.960% Food & Beverage 0.00 0.00 0.00 0.000% Allocated Interest Income 0.00 0.00 0.00 0.000% Transfers In 0.00 0.00 0.00 0.000% TOTAL SILVERROCK GOLF 3,430,349.00 429,797.62 3,000,551.38 12 530% SILVERROCK GOLF RESERVE Interest 2,400.00 181.65 2,218.35 7.570% Transfers In 68,307.00 0.00 68,307.00 0.000% TOTAL SILVERROCK GOLF 70,707.00 181.65 70,525.35 0 260% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100,000% Interest 200.00 17.40 18260' 8700% TOTAL LQ PUBLIC SAFETY 2,200.00 2,017.40 182.60 91 700% 063 9 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY ADJUSTED 10/31/09 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTEREST ADVANCE CAPITAL PURCHASES REIMBURSE GENERAL FUND TRANSFER OUT GAS TAX CONTRACT SERVICES REIMBURSE GENERAL FUND TRANSFER OUT FEDERAL ASSISTANCE FUND TRANSFER OUT JAG GRANT TRANSFER OUT SLESF (COPS) TRANSFER OUT INDIAN GAMING FUND TRANSFER OUT 0,00 1,541.15 0.00 (1,541.15) O.W 000 0,00 0,00 1,720,350,00 249,164,99 0.00 1,471.185.01 TOTAL LIBRARY FUND 0.00 O.00 00 000 000 0.00 1,131,354,00 377,117.92 000 754,236,08 537,840,00 31.042.06 0.00 Vim GAS TAX FUND 334,23000 000 134,230.00 TOTAL FEDERAL ASSISTANCE FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND TRANSFER OUT RCTC TRANSFER OUT DEVELOPMENT AGREEMENT FUND CONSTRUCTION REIMBURSE GENERAL FUND TRANSFER OUT CRIME VIOLENT TASK FORCE OPERATING EXPENSES TRANSFER OUT AS 939 OPERATING EXPENSES REIMBURSE GENERAL FUND TRANSFER OUT QUIMBY FUND: FEASIBILITY STUDY REIMBURSE DEVELOPER FEES TRANSFER OUT INFRASTRUCTURE FUND CONSTRUCTION REIMBURSE GENERAL FUND T RANSFER OUT PROPOSITION 1B - SO 1266 TRANSFER OUT SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES TRANSFER OUT CMAQ PROJECT EXPENDITURES TRANSFER OUT TRANSPORTATION PROGRAM COSTS CONTRIBUTION TRANSFER OUT PARKS & RECREATION INTEREST ON ADVANCE TRANSFER OUT CIVIC CENTER SERVICES INTEREST ON ADVANCE REIMBURSE GENERAL FUND TRANSFER OUT LIBRARY DEVELOPMENT PROGRAM COSTS INTEREST ON ADVANCE TRANSFER OUT TOTAL JAG GRANT 85,303,00 OOU OW 8830300 TOTAL SLESF(COPS) FUND 100.000.W OW OW 1000WW 120,300.00 39,036.14 0,00 87,26386 TOTAL INDIAN GAMING FUND 979,504.00 326,501.28 0,00 653,002.72 TOTAL LTG/LANDSCAPING FUND 0.00 0.00 0.00 0,00 1,970,76300 281,469.89 0.00 1,689,29011 293 TOTAL RCTC 0OD 0.00 000 0.00 0,00 0.00 0,00 000 TOTAL DEV AGREEMENT FUND 0,00 0.00 0,00 000 205,00000 195.183.99 0,00 9.81601 TOTAL GRIME VIOLENT TASK FORCE 0,00 0.00 000 0.00 69,000.00 3,043,50 2,000.00 63.956,50 68,482.00 22.827.28 000 45.654.72 TOTAL AS 939 80.000.00 0.00 O.W 80,000.00 0,00 0,00 0.00 000 0.00 0.00 0,00 0.00 9,617,963.W 21,263.75 0.DU W 9,5W,699.25 TOTAL QUIMBY 25 0.00 0.00 0,00 000 0.00 0.00 0.00 0,00 3W,576W 4,1 W.50 0.W 393.378.50 TOTAL INFRASTRUCTURE TOTAL PROPOSITION 1 B FUND 608,BB5W 5,690,00 U W 601,195 W 26,600.00 6,043.41 0,00 20,55&59 345,982.00 0,00 0.00 345982.00 TOTAL SOUTH COAST AIR QUALITY , 0.00 0.00 0.00 0.00 TOTAL CMAp 177,OOO.00 0,00 0.00 177.00000 0.00 0,00 0.00 0.00 0,00 0,00 0.00 0,00 7,530,39200 1,060,853.78 0,00 6,469.538,22 TOTAL TRANSPORTATION 0.00 2.323.69 0.00 (2,323.69) TOTAL PARKS &RECREATION 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 15,093.02 0.00 (15,093,02) 202,76400 67.588.00 0,00 135,176.00 TOTAL CIVIC CENTER 0,00 O.W 0.00 0.00 0,00 0.00 0.00 0.00 0.00 3.112.50 000 (3,112.50) 0 GO 000 O, W 0.00 TOTAL LIBRARY DEVELOPMENT 063 10 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY ADJUSTED 10131/09 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS TRANSFER OUT STREET FACILITY PROGRAM COSTS TRANSFER OUT PARK FACILITY PROGRAM COSTS TRANSFER OUT FIRE PROTECTION INTEREST ON ADVANCE TRANSFER OUT ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP ART PURCHASES TRANSFER OUT CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND TRANSFER OUT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES CAPITAL PURCHASES TRANSFER OUT INFORMATION TECHNOLOGY FUND OPERATING EXPENSES CAPITAL PURCHASES PARK MAINTENANCE FACILITY OPERATING EXPENSES CAPITAL PURCHASES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 0AO TOTAL 0.00 0.00 0 00 0.00 2,476.398.00 50,235.40 0.00 2,426.162.60 TOTAL STREET FACILITY 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 9,250,00 1,501.54 0.00 7,748.46 TOTAL FIRE PROTECTION DIF 0.00 0.00 0.00 0.00 30.000.00 5,846,25 0.00 24,153.75 6,200.00 559,56 0,00 5,640.44 260,000.00 14,250.00 0.00 245,750.00 200,000.00 TOTAL ART IN PUBLIC PLACES 0.00 0.00 200,000.00 99,438,964.00 52S34.40 81,906.38 99,304,223.22 1.168,240,00 29.837.35 0.00 1,138.402.65 TOTAL CAPITAL IMPROVEMENT 0.00 0.00 0.00 DAM 707.185.00 65,677,87 28,643.33 612,863.80 47.422.00 20,629,59 0.00 26.792.41 TOTAL EQUIPMENT REPLACEMENT FUND 000 0.00 000 0,00 25,500.00 0.00 0.00 25,500.D0 0,00 0,00 0.00 0.00 353,431.00 0.00 0,00 353,431.00 TOTAL PARK MAINTENANCE FAG 4,120.46400 1.049,623.65 0.00 3,070.840.35 68,307.00 0.00 0.00 68,307.00 TOTAL SILVERROCK GOLF TOTAL SILVERROCK GOLF RESERVE 0,00 0.00 0.00 0.00 TOTAL LA QUINTA PUBLIC SAFETY Z.000.V0 U00 000 20U000 u..• 010 11 a •� 04 0 4 4aUA&MCIV AGENDA CATEGORY: FH OF TKEO BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 15, 2009 CONSENT CALENDAR: ITEM TITLE: Approval of the Declaration of Surplus STUDY SESSION: Property PUBLIC HEARING: RECOMMENDATION: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale, and if unsold, to dispose of the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last six months. The equipment has little or no market value and in accordance with Section 3.12.320 of the Municipal Code, the City may dispose of the equipment by auction, by sale or otherwise after receiving bids and proposals. Staff is proposing advertising the surplus equipment in The Desert Sun newspaper and receiving sealed bids. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: • 071 1. Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 3. Provide staff with alternative direction. Respectfully submitted, , rAm John M. Falconer, Finance Director Approved for submission by: homas 4Genovese,City Manager Attachment: 1. Declaration of Surplus Property 2 A I I /1 l livl Vlv I 1 00 M Or-O 00 OnN CO mm --. n to Ln W W f01n 00 LO � O 1000 nO z- aaaaaaaaaLnaaa as N O > > > m M p Bm p o io� ^ v MY.. Y mE mN N 3 . Y3N.. Y Y . YN YpOO YN YN YN O O O O O O OLO O O 0yO O O C O O O 3YN. 3Ym 3m 3m 3N 3N 339*0 333v 0��U33m333 r_ O E z z z a o 0 CD CO co O 0n7 Q1 N LON 0 <0 0 In In co O CO f(.NNOnnnMa- N 0r-NN OOM CD O OOJ Oa N N 0fO�0oO) nN0a00 CNlo0nAo WNla0no ONla0no 0OO�0oD) NN<O00 WN100Of01 M0�M00 ins O 00MMn IOa0an O� Qn) J O 00MLn O r---v".a�Wa0On C0a�an MMMCMMNn �MMmMWmrTdMMN Mto MNNNNNNMNMNNM NN � O o r^00 0,�O 00lucOo)f r W JJ J InMODOOOOOOOOO0000 +M" m « m « m « m « m « m « m « m m « m « m « m « m « Q Q o 0 "0 0 0 0 0 0 E E E E E E E E E E CL E E E W 0 0 0 o o o o o 0 -- O O O O O O O O O O O O O J J ;'c:�fiUCiOOOclL)C)0U O w O ,N V ?S. N N N N L N N N N N N N N n 'C7C7C7�C7C7C7C7C7 L L t L L L L L mC9C7C7 L L L as 0 0 UUUcc W-U a O O a s a w a w w a a s 0 J J J J J U V J Nam.- NNNe-N�aNNN 0 0 n n nnnnnj� aaaaaaaaa aaa LO .•- �� £r=Qao_aQIL n.n.c. 0 0 to y F O O m T m T m T m T m T !0 m T /O y m N W W 3 W 3 W 3 W 3 W 3 W 3 W 3 W 3 W 3 m 3 3 W 3 3 3 3 3 3 3 3= m 3 T 3 d m m W m W m W m W m W m W m W m W m m m W m w m m m m m m m m m W m Co m m Q Q m Co W 3 m m :.W 0 a CD CD a 0 a 0 0 a a a a 00 o cD cqaoo2C7 m 073 3 { § a J k � $ /| . f§ ) k k kkk : » / k / \ o �■ 2 / §aJ c � � � � o 0 & � \ § )�I00 k ■ «»� @ 2 k k / ƒ � 6 w. 0,74 2 s Tit�p 4 4 a" COUNCIURDA MEETING DATE: December 15, 2009 ITEM TITLE: Adoption of a Resolution Amending the Travel and Expense Policy for City Council Members, Members of City Legislative Bodies and City Employees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: S STUDY SESSION: PUBLIC HEARING: Adopt a resolution amending the travel and expense policy for City Council members, members of City legislative bodies and City employees. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council adopted the existing travel and expense policy on December 19, 2006. This policy applies to City Council members, other "City officials" (i.e., board members and commissioners) and City employees. The City reimburses City Council members and certain commission and board members for expenses, pursuant to both City Municipal Code Section 2.04.050 (Council) and the existing travel and expense policy, separate and apart from the compensation paid to such persons. A revised City of La Quinta Travel and Expense Policy ("Travel and Expense Policy"), has been prepared amending the existing policy (Attachment 1). Revisions specifically include: documenting the existing general practice of not reimbursing expenditures for alcohol; availability of a pooled City vehicle should be determined for those employees not receiving a monthly mileage allowance; and clarifying the itemization requirements for the receipts that must be submitted for all expenses. 075 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution amending the Travel and Expense Policy for City Council members, members of City legislative bodies and City employees, which supersedes all previous resolutions which are inconsistent therewith; or 2. Do not adopt the proposed Resolution; 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Red -Line Version - City of La Quinta Travel and Expense Policy 076 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE TRAVEL AND EXPENSE POLICY FOR CITY COUNCIL MEMBERS, MEMBERS OF CITY LEGISLATIVE BODIES AND CITY EMPLOYEES, AND SUPERCEDING ALL PREVIOUS RESOLUTIONS WHICH ARE INCONSISTENT HEREWITH WHEREAS, in the course of their service to the City, City Council members routinely incur substantial job related expenses, including increased cellular phone use charges; and City Council members, members of City legislative bodies and City employees incur other incidental costs relating to meals, parking, entertainment, phone and related miscellaneous charges; and WHEREAS, the City Council of the City of La Quinta takes its stewardship over the use of its limited public resources very seriously; and WHEREAS, public resources should only be used when there is a substantial benefit to the City Council and the City of La Quinta; and WHEREAS, such benefits include: (1) the opportunity to discuss the City's concerns with state and federal officials, (2) participation in regional, state and national organizations whose activities affect the City, (3) attending educational seminars designed to improve officials' skill and information levels and (4) promoting public service and morale by recognizing such service; and WHEREAS, (1) legislative and other regional, state and federal City business is frequently conducted over meals, (2) sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City's policy concerns, and (3) each meal expenditure must comply with the limits and reporting requirements of local, state and federal law; and WHEREAS, the City of La Quinta Travel and Expense Policy attached hereto as Attachment 1 has been established to provide guidance to the Council on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured; and WHEREAS, this policy satisfies the requirements of Government Code Sections 53232.2 and 53232.3 in the event that such requirements could be constitutionally applied to charter cities; and ,. 077 Resolution No.2009- Amended Travel and Expense Policy Adopted: December 15, 2009 Page 2 WHEREAS, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources; and WHEREAS, this policy supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws; and WHEREAS, this policy also applies to any charges made to a City credit card used by Council members and advances provided to Council members, members of City boards and commissions and City employees. NOW THEREFORE, the City Council of the City of La Quinta DOES HEREBY RESOLVE: Section 1: The recitals above are true and correct and incorporated herein. Section 2: The City of La Quinta Travel and Expense Policy, a copy of which is attached hereto as Attachment 1, is hereby approved and adopted. All prior resolutions adopting prior travel and expense policies and all prior travel and expense policies are hereby superseded by the revised City of La Quinta Travel and Expense Policy attached hereto as Attachment 1 . Section 4: The City of La Quinta Travel and Expense Policy complies with the requirements of Government Code Sections 53232.2 and 53232.3, in the event that these requirements can constitutionally be applied to charter cities. Section 5: This resolution shall take effect from and after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 078 Resolution No. 2009- Amended Travel and Expense Policy Adopted: December 15, 2009 Page 3 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California a... 079 Attachment 1 CITY OF LA QUINTA TRAVEL AND EXPENSE POLICY PURPOSE: To establish uniform guidelines for City Council members, members of City legislative bodies, and City employees to follow with regard to travel and expense reporting that arises in the course of conducting City business. BACKGROUND: The City recognizes that attendance at meetings and conferences serves a vital forum for the exchange of ideas in all areas of municipal administration, presenting and receiving information, and advocating legislation of benefit to the City. The governing factor in authorizing attendance at these functions is the tangible benefit accruing to the City because of such attendance in relation to the overall expense to the City. In the course of serving the City, City Council members routinely incur substantial job related expenses, including increased cellular phone use charges; autemehile deffeeiatio.-, gasoline expenses and insuirance; and City Council members, members of City legislative bodies, and City employees incur other incidental costs relating to meals, parking, entertainment, phone and related miscellaneous charges To that end, City Council members, members of City legislative bodies, and City employees are occasionally required to expend City funds. This is accomplished either by requesting City funds in advance, using the City issued credit card, or by spending one's own funds and requesting reimbursement from the City. Government Code Sections 36514.5, 53232.2 and 53232.3 authorizes reimbursement for actual and necessary expenses incurred in the performance of official duties. The following policies are intended to cover what should be reasonable expenses of business meetings and travel and the reporting thereof and may not be all-inclusive. The reasonableness of any unforeseen situations will be decided upon by the City Manager for employee expenditures and by the City Council for elected and appointed officials' expenditures. POLICY: 1. AUTHORIZED EXPENSES City funds, equipment, supplies (including letterhead) and employee time must only be used for authorized City business. The following types of expenses generally Last revised December 2009 - 7 - 080 eO constitute authorized expenses, provided that other requirements of the policy are met: A. Communicating with representatives of regional, state and national government on City -adopted policy positions; B. Attending educational seminars designed to improve officials' skill and information levels; C. Participating in regional, state, and national organizations whose activities affect the City's interest; D. Recognizing service to the City (for example, thanking a longtime official or employee with a retirement gift or celebration of nominal value or cost); E. Attending City events; F. Implementing a City -approved strategy for attracting or retaining business to the City of La Quinta, this will typically involve at least one staff member; G. City Council stipends for cellular use as provided by City Municipal Code Section 2 04 050 based on increased cellular phone use charges. , whieh stipends eenstdtute a best estimate F I aneeessaFy expenses, based on gasoline expenses, and insUFance. 2. RESPONSIBILITY All persons subject to this policy have the responsibility to determine the reasonableness of travel costs, as justified by the nature of travel. The intent is to account for actual and necessary reimbursable expenses while each City Council member, member of a City legislative body or employee accomplishes City goals as reasonably as possible. This policy is not intended to address every issue, exception or contingency that may arise in the course of City travel or attendance at meetings. Accordingly, the basic standard that should prevail is to use good judgment in the use and stewardship of City funds. Any deviations from this policy should be approved by the City Council. The City Manager shall administer and be the approving authority for the expenditure of travel and expense funds in accordance with appropriations made by the City Council in the annual adopted budget for all City employees and City legislative bodies, with the exception of the appropriations made for City Council members travel. Personal and City travel must not be commingled in such a manner as to increase allowable expense or otherwise affect adversely the interest of the City. Last revised December 2009 - 8 - „e.. 1 081 3. TRAVEL AUTHORIZATION Official travel by persons covered by this policy requires prior written authorization by the appropriate approving authority. The City form, "Travel Request and/or Advance", shall be used to document authorization (Attachment 1). Travel trips of one -day or less shall not require a pre -approved "Travel Request and/or Advance" if no advance is requested, but the second part of the form covering conference update reporting must be completed, if applicable, upon return. Out-of-state travel, round trips over 300 miles, or trips involving overnight stay must be approved by the City Council. If time does not permit City Council approval, the City Manager may authorize the travel request. The City Manager shall notify the City Council of the authorized travel and the circumstances which prevented City Council review/approval. Upon return, the "Conference Update Report' section of the "Travel Request" form must be completed. 4. TRAVEL EXPENSES Persons covered by this policy may provide their own funding and file claims for reimbursement, or may apply for an advance of public funds by utilizing the "Travel Request and/or Advance" form. All requests for advance of travel funds are to be submitted through the approving authority to the Finance Department at least five (5) working days before the intended date of departure. All advances must be properly accounted for based on actual and necessary expense incurred, upon termination of travel for which the advance was made. Advance payments do not constitute approval to spend the entire amount advanced. Only actual and necessary expenses, as further limited by the specific provisions of this policy, will be paid from City funds. 5. ADVANCE RESERVATIONS —CANCELLATION Persons covered by this policy are encouraged to make reservations for any meeting, convention, or dinner for which the City would bear the cost, which he or she is planning to attend, in sufficient time to allow for lower airfare or reservations costs to be obtained. Cancellations that result in expenditure of City funds will be reviewed on a case -by - case basis by the City Manager to determine whether the employee may be held responsible for the cost. The full City Council will make that determination for any canceled public official travel. Last revised December 2009 - 9 - ,o.. • 082 6. TRANSPORTATION Individuals requesting official travel should attempt to travel by the means most economical to the City consistent with scheduling needs and cargo space. In selecting a particular method of transportation, consideration shall be given for the total cost to the City which will result; including overtime, lost work, and actual transportation costs. In the event that a more expensive transportation form is used, the cost borne by the City will be limited to the cost of the most economical, direct, efficient and reasonable transportation form unless otherwise approved by the City Council. Government and group rates must be used when available. A. Automobile Travel Transportation by car may be done either with a personal vehicle or City vehicle. For persons other than those receiving a monthly auto allowance, if a personal vehicle is used, net mileage will be reimbursed at the current Internal Revenue Service Rates (see www.irs.gov). Net mileage equals roundtrip mileage minus any commute miles. Before initiating overnight travel, those employees not receiving a monthly mileage allowance should contact the Finance Department for the availability of a pooled vehicle. Those persons using their own vehicle and receiving a monthly auto allowance will be reimbursed only for the net mileage in excess of 60 miles. Gity—Ceuneil merMhAR; FAreive a stipend fOF auternobile use, as PFevided by City Municipal Code In any case, mileage will not be reimbursed for portions of the trip made for non -business related matters. When the use of public air carrier transportation is approved, private automobile use to and from the airport shall be reimbursed for all allowable miles at the current Internal Revenue Service Rates (see www.irs.gov) or commercial auto rental will be allowed if necessary and alternative personal or public transportation is unavailable or unreasonable. B. Air Travel and Automobile Rental (1) Coach Class Air Travel. Reimbursement shall be made for coach air travel if the cost of such air travel is competitive with other passenger airlines' coach airfares. (2) Rail Travel. Reimbursement shall be made for coach rail travel if the cost of such rail travel is competitive with other coach rail travel fares. Last revised December 2009 - 1 0 - ��" (3) Taxi Service. Charges for taxi service are reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. Portions of taxi charges that are related to excessive tips (i.e., in excess of 15%) will not be reimbursed. (4) Shuttle Service. Charges for shuttle service are reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. (5) Bus Fare. Charges for bus service are reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. (6) Vehicle Rental. Charges for vehicle rental are reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. When determining the type of rental car to be used, consideration should be given to the economic standards set forth in this policy and the appropriate use and stewardship of City funds. (7) Out of Pocket Expenses Related to Use of City Owned Vehicles. Reimbursement for fuel and other out-of-pocket expenses incurred as a result of the use of a City owned vehicle is permissible provided that use of the City owned vehicle is the most economical, practicable and efficient mode of transportation available under the circumstances. (8) Chartered Travel. Use of chartered travel shall be reimbursable if such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances. (9) Airport parking may be used during travel on official City business and is reimbursable with receipts. 7. LODGING Lodging expenses will be reimbursed or paid when travel on official City business reasonably requires an overnight stay. Lodging shall be obtained at the most economical rate available for safe, clean, convenient, and quality accommodations. Factors such as proximity to destination and prevailing rates should be considered for reasonableness. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Travelers Last revised December 2009 - 11 - •• '" must request government rates, when available. If the group rate or government rate is not available, lodging rates that do not exceed the median retail price for lodging for that area listed on websites similar to www.priceline.com or www.travelocity.com or an equivalent service shall be considered reasonable and hence reimbursable. A. Advance Booking and Time Period An employee is expected to make reservations well in advance whenever possible and to take other actions to ensure that lodging is secured at moderate rates. Lodging shall be limited to the maximum number of nights required to conduct the assigned City business. If a person subject to this policy chooses to arrive earlier or stay later than the length of City business, the additional lodging and other expenses related to this decision are the individual's personal expenses and will not be reimbursed or paid by the City. B. Family Member Accompaniment There is no objection to a spouse and/or other family member(s) accompanying a person subject to this policy on a City business trip, if their presence does not detract from the performance of City duties. The attendance at the meetings and conferences by such family members of City employees and officials is to be considered the sole expense of the individual employee and/or official, and all differences in costs brought about by the attendance and/or accompanying travel of a family member shall not be borne, paid or reimbursed by the City. 8. MEALS Meals, except for those included in the cost of the registration, are allowable at actual costs including reasonable tips and room service charges not to exceed $75 per day. Expense claims for meals including people other than the claimant shall include the following information: 1 . Date expense incurred 2. Parties participating 3. Purpose of the meeting Itemized meal receipts are required. 9. OTHER ALLOWABLE EXPENSES The following expenses shall be permissible, subject to other provisions of this policy to the extent that they are actual and necessary: 085 Last revised December 2009 - 1 2 - A. Incidental transportation expenses, such as ferry fares; bridge, toll road and vehicle parking fees; B. Telephone and facsimile charges for official business; C. Personal telephone calls are allowable, not to exceed $25 per day; D. Reasonable fees and tips paid to waiters, porters, baggage handlers, bellhops, hotel maids, and other service personnel; and E. Business related entertainment functions that are attended to promote City related business objectives are allowable, as long as detail is provided stating who attended and what subjects were discussed. 10. NON -ALLOWABLE EXPENSES Personal expenses are not allowable. These may include, but are not limited to: A. Barber and/or beauty shop charges B. Fines for traffic violations C. Private automobile repairs D. Expenses of any persons accompanying the person subject to this policy on the trip (except as noted in Section 8(E)) E. Personal telephone calls (except as allowed in Section 8(c)) F. Purchase of personal items G. Fitness/Health Facilities or Massages H. Political contributions I. Alcohol Expenses that are not otherwise listed or identified in this policy shall require prior approval at a public hearing of the City Council pursuant to Government Code section 53232.2(f). 11. SETTLEMENT OF EXPENSES All covered persons are responsible for the accurate preparation of their claims, and the responsibility of omission or commission cannot be shifted to another individual. A Travel Expense Report" (Attachment 2) substantiated by receipts which verifies the claimed expenditures as being an actual expense, must be submitted to the City Manager within ten (10) days of the expense being incurred or the end of the trip, whichever is later. Inability to provide such documentation in a timely fashion may result in the expense being borne by the individual. All expenses are subject to verification that they comply with this policy. Pursuant to state law, Travel Expense Reports are public records. If a person subject to this policy has drawn expense money in advance, a settlement must be made based on actual expenses that are substantiated by Last revised December 2009 - t 3 - "•• 086 v6 receipts. If actual expenses exceed the advance, upon approval by the City Manager, said expenses will be reimbursed to the traveler by the Finance Department. If actual expenses do not exceed the expense advance received, said traveler shall return all unused portions of the expense advance to the Finance Department. To be reimbursed for expenditures, an employee or official must sign and submit a "Travel Expense Report" form or, if applicable, the "Conference Update Report" section of the "Travel Request" form. No reimbursement shall be made until the "Travel Expense Report" form or, if applicable, the "Update Report" section of the "Travel Request" form has been properly executed and approved by the City Manager, with the exception of City Council members. Elected and appointed officials' travel expenditures will be reimbursed if they are within budgetary constraints, all proper forms have been completed and signed, and receipts are attached. The decision of the City Manager shall be final in all cases where conflicts of opinions on reimbursement or allowable expenses exist. For City Council members and appointed officials, the decision of the Council shall be final. REPORTS BY CITY COUNCIL, BOARD OR COMMISSION In accordance with state law, Council members and members of Boards and Commissions shall provide a brief report in either verbal or written form, on meetings attended at City expense at the next meeting of the City Council. PROCEDURES: There are two forms to be utilized for travel and expense reporting. The first form is the "Request for Travel and/or Advance" form. This form is comprised of two basic parts: Part 1 covers the authorization for travel and/or an advance, and Part 2 provides follow-up information on the event attended. The second form is the "Travel Expense Report" which is needed in order to create the proper audit trail necessary for recording the expenditure of City funds. 1. "Request for Travel and/or Advance" form: Out of state travel, trips in excess of 300 miles, or trips that involve overnight stay must be approved by the City Council. Trips or conferences that do not fall into the above category may be approved by the appropriate department head, or by the City Manager in the case of department head or non -elected officials' requests. The City Manager authorizes his own travel Last revised December 2009 - 14 - '•••• • 081 or conferences when they do not fall into the City Council approval category mentioned in the first paragraph. Part 1 of this form, "Authorization," must be completed prior to the trip or conference. Requests for cash advances are included in this part of the form. If no advances are requested and City Council approval is not needed, this part of the form may be filled out upon completion of the trip or conference if the appropriate verbal authorization has been granted. All approved advance requests are to be submitted to Finance at least five (5) working days before being needed. A second copy of this form will remain with Finance as payment backup documentation. The traveler will retain the original until Part 2 is completed and submitted with the Expense Report. Advances and all other expenses must be reconciled and approved on the "Travel Expense Report' and submitted to Finance within five (5) working days after completion of the trip or conference. Part 2 of this form, "Conference Update Report", is to be completed with a short narrative highlighting the subject of the conference and its relevance to City operations. This section must be completed when any conference expenses are incurred in the time period required by this policy. The original "Request for Travel and/or Advance" form must be attached to the "Travel Expense Report" when that form is submitted. 2. "Travel Expense Report' form: The "Travel / Expense Report' (referred to as the "expense report') is required to track all travel and expenditures of the City. A proper audit trail, which includes supporting receipts, is necessary to comply with travel and expenses reporting requirements. The expense report which must be filled out is designed to be a logically grouped over -view of the total expenditures incurred while traveling. Detail and supporting documentation, including receipts and the "Request for Travel and/or Advance" form, must be attached as backup to this expense report. There is some space provided on the form itself for detailed explanation of any circumstances or situations that may need to be addressed. Meal and business entertainment receipts must identify names of who attended and what business matters were discussed. Itemized hotel bills are needed rather than, or in addition to, lump sum receipts. Monthly credit card bills are not to be used in lieu of the actual charge receipts. available 11 t be reimbursed-. Receipts must be submitted for all expenses. In Last revised December 2009 - 15 - '.o... 088 the event that itemized receipts are not available or lost, a written explanation of the circumstances as to why this is the case must be provided, as well as the reason for the incurred expense. The City Manager may then determine on a case - by -case basis if the request for reimbursement will be approved. The expense report is divided into three columns to cover whatever spending situations may occur. Column 1 is to contain allowable business expenses that the claimant has paid for personally, whether by personal credit card, check or cash. Cash advances become personal cash as soon as they are received from the City. Therefore, column 1 should be used when spending cash even if it was received from a City advance. The advance in such cases will also be listed in column 3 as a non - business expense of the City. When columns 1 and 3 are netted together, the refund amount will be determined. The Expense Report should also be used for all mileage reimbursement claims whether conference related or not. Column 1 of the form shall be completed with appropriate detail. Column 2 is to contain all City paid expenses. These will primarily be City credit card expenses but may also include any checks or cash that were paid directly to the provider and were not received by the as an advance. Such checks or cash paid directly may not always be readily determined, but the claimant needs to.include these amounts to reflect the total cost to the City. Totals from columns 1 and 2 should be added and the result placed in the "Total Trip Expense" box. Column 3 is to contain the amounts which were paid by the City on either check, cash, or credit card for items which are not reimbursable expenses. All efforts should be made not to use City funds for unallowable expenditures. Any advances that the claimant receives, whether check or cash, must be picked up in this column. Advances are considered non -business expenditures by the City and are the property of the recipient. Allowable expenditures that occur in such cases are listed separately in column 1 . The total from column 1 is subtracted from the total of column 3 and the balance is due the City. If that result is a negative balance, it is a balance due the claimant. Last revised December 2009 - t 6 - 089 a., The claimant must sign the expense report certifying its correctness. Council member reports need only Council member signature. All other reports require City Manager and the appropriate department head signature approval. All expense reports will be kept in a segregated payable file whether money is due the claimant or not. Finance will verify credit card receipts with the expense report and then attach the receipts to the credit card billing as backup documentation. Any credit card billing received without receipts is not a reimbursable expense. Any personal charges incurred, or advances not reconciled, are considered a receivable to the City and may be deducted from any checks issued by the City to that individual after the five (5) day report filing deadline has expired. Because these items are public records, staff is instructed to redact private financial information (i.e., credit card numbers or account numbers) to protect the privacy of those submitting receipts. COMPLIANCE WITH STATE LAW / VIOLATIONS City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act and other applicable laws. Use of public resources or falsifying expense reports in violation of this policy may result in any of the following: 1. Loss of reimbursement privileges; 2. A demand for restitution to the City; 3. The City's reporting the expenses as income to the person to state and federal taxing authorities; 4. Civil penalties of up to $1,000 per day and three times the value of the resources used; 5. Prosecution for the misuse of public resources. Attachments: 1. Request for Travel and/or Advance Form 2. Travel Expense Report Form Last revised December 2009 - 17 - 090 Attachment 1 City of La Quinta REQUEST FOR TRAVEL AND /OR ADVANCE To attend Name of Attendee Date of Request Registration $ Transportation $ Meals $ Lodging $ Applicant Department Head City Manager _ at Department Date of Trip to Vendor # Account # Total Request $ _ Date Date Date Meeting Date of Council Approval f��rt 2 Ctsnferenci`)�d�a�.��Reppr�y' Highlight Conference subject matter and its relevance to the City. 18 Signature Date 0911 CITY OF LA QUINTA TRAVEL EXPENSE REPORT Attachment 2 IIIMamtl HOWRI Employee: Conference Meeting: Department: Location: Keypunch Info-Vendor#/Receipts# Date (from -to): Acct. No. $ Business Expenses Non Business Charges Acct. No. $ Employee City City g Check, Cash or Check, Cash or Check, Cash or Acct. No. Credit Card Credit Card Credit Card TRANSPORTATION: Personal Auto Expense Miles @ $ .585/Mile Column 1 Column 2 Column 3 Gas/Oil/Maintenance/Icily Vehiclesl: Airfare: Train, Bus, Taxi, Other: REGISTRATION: LODGING: Days @ S per day MEALS: MISCELLANEOUS: (Bellmen, Valet, Tips, Other) ADVANCES: (Check or Cash) TOTAL TRIP EXPENSE S + Explanation Detail: TOTAL NON BUSINESS CHARGE Less Employee Paid (Column 1) Balance Due City or <Balance Due Employee> I hereby certify that the above expenditures and facts are true and correct and in conformance with the adopted La Quinta Travel & Expense Policy. Date Approved by: Department 19 Employee City Manager cg? Lai., Q. 04� Qui4a �OF T COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Denial of Claim for Damages Filed by: Farmers Insurance/Laguna de la Paz; Date of Loss — October 23, 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Farmers Insurance/Laguna de la Paz; Date of Loss — October 23, 2009. FISCAL IMPLICATIONS: The total amount of the claim is undetermined at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Farmers Insurance on behalf of Laguna de la Paz with a reported date of loss of October 23, 2009 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Farmers Insurance/Laguna de la Paz with a reported date of loss of October 23, 2009; or 093 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Approved by submission by: A�/1'I�e� Bret M. Plumlee, Assistant City Manager -Management Services Attachment: 1 . Farmers Insurance/Laguna de la Paz, Claim for Damages iRRFtF15 Send all etv.po.dcroce ATTACH M ENT 1 November 18, 2009 City Clerk Of La Quinta Attn: Veronica Montecino Po Box 1504 La Quinta, CA 92247-1504 Municrs Natioml Dmument Curter P.O. Box 268994 Ohkhoo City, OK 73126-8)94 Fax:(877)2174.389 Lmail: daimsd.xuments(a•lennerrin'urnnce.cwn RE: Insured: Laguna De La Paz �` n - -' Claim Unit Number: 1014966164-1-1 — " o c 3 Policy Number: 97-0015034199 T Z Loss Date: 10/23/2009 T 47 n v ry Claimant. Michael Eric Pheil rn co Dear Ms. Montecino: m n M m v Mid -Century Insurance Company is the commercial general liability insurer for Laguna De La Paz for the date of loss referenced herein. As a brief background, this claim stems from an incident which occurred on October 23, 2009 when claimant Michael Pheil was riding his bicycle on the sidewalk in front of our insured location. Claimant states that there was a slight bend in the sidewalk and the bicycle slid out from underneath him due to a lack of traction on the sidewalk. He sustained injuries including an aggravation of a prior left wrist injury, abrasions on his right leg (up to his hip), and jarring to his right arm and . shoulder. Claimant is also stating that his apple laptop was damaged in the loss. Claimant has now filed the underlying claim against our insured in an attempt to recover damages for his injury as a result of this incident. It is our understanding of the facts that The City of La Quinta is responsible for the construction and _.design of the sidewalk surrounding Laguna De La Paz which is located at 48300 Vista De Nopal in La Quinta, CA. While our insured is responsible for the maintenance of the sidewalk, they (lid not take part in its construction and design. Claimant, Mr. Pheil, is alleging chat there was no traction on the sidewalk which contributed to, or caused him to fall when riding his bicycle. Accordingly, please accept this correspondence as our insured's formal tender of this claim to The City of La Quinta for further handling and disposition. We hereby request that you place your insurer on notice of this claim and chat you ask them to contact me at (925) 924-8241 to discuss this matter further. Your.prompt attention to this matter is greatly appreciated. Sincerely, 095 MDM5TOZB13 Mid -Century Insurance Company ZL 4 Christine Owings Commercial Claims Representative Cc: Laguna De La Paz, Patrick Prendiville G y Page 1 of 1 Susan Maysels From: Susan Maysels Sent: Tuesday, November 24, 2009 12:52 PM To: 'claimsdocuments@farmersinsurance.com' Subject: claim unit # 1014966164-1-1 Laguna De La Paz/ME Pheil Dear Christine Owings, I am in receipt of your letter dated Nov 18 regarding the above claim against your policy # 97-0015034199. In order to process the claim, please submit the details on the City's claim form, which can be found on the website (La-Quinta.org). A link to the form is below. http_://www.la=quinta_org/I ndex_aspx7paggz--V The form can be filled out electronically, then signed and faxed to the Clerk's Office at 760.777.7107 or mailed to PO Box 1504, La Quinta, CA 92247, Attention CITY CLERK. I will hold your letter and attach it to the claim form when it arrives. Thank you. Yours truly, S"Scl Maysels Deputy City Clerk, City of La Quinta smaysels@Ia:qui nta.org 760.777.7123 C97 11/24/2009 witvl 4 4a Qu&rcu COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Approval of Plans and Specifications, and Authorization to Advertise for Bids the Trail at the Fred Wolff Bear Creek Nature Preserve, Project No. 2008-05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Approve the Plans and Specifications, and authorize staff to advertise for bids for the Trail at the Fred Wolff Bear Creek Nature Preserve, Project No. 2008-05. FISCAL IMPLICATIONS: The Fiscal Year 2008-2009 Carryover Capital Improvement Project Budget (Account No. 401-1793-551.00) includes funding for the construction of a nature preserve trail at the Fred Wolff Bear Creek Nature Preserve. The project breakdown is as follows: Professional Services $ 1,217 Technical Services $ 4,744 Design $ 4,866 Construction $48,660 Contingency $ 6,192 Administration $ 2,433 TOTAL $68.112 CHARTER CITY IMPLICATIONS: Quimby Funds are generated 100% locally from developer fees. Therefore, this will be a non -prevailing wage project which may result in additional cost savings. BACKGROUND AND OVERVIEW: On June 19, 2003, the City Council approved the purchase of 19 acres of land zoned as Open Space as part of the General Plan. The property is located west of Montezuma Avenue, between Calle Ensenada and Calle Chillon. On July 6, 2004, the City Council approved the name of the 19 acre open space area to be the "Fred Wolff Bear Creek Nature Preserve." ,... 0 9 8 On March 6, 2007, the City Council approved the Fred Wolff Bear Creek Nature Preserve Master Plan, which recommended improving safety, communication, and landscaping. The safety recommendations include posting and enforcing rules and regulations, improving the ability to visually observe the property, and securing portions of the area with a low fence. The communication recommendations include developing signs to improve the visitor experience, maintaining communications with other municipal and environmental groups, and establishing a working relationship with the Coachella Valley Water District. The landscape recommendations include planting only those varieties that are listed in the approved native plant list, removing mailboxes from the property, and creating a natural trail within the Nature Preserve. In February 2008, a low fence was installed along Avenida Montezuma to protect the nature preserve from unauthorized vehicles and dumping. The fence is made of recycled materials and was purchased using AB 939 funds. Signage, which was made from the same materials, was also installed at each entry point into the nature preserve. The signs were also purchased with AB 939 funds. Working with the Stewards of the Fred Wolff Bear Creek Nature Preserve, staff developed plans and specifications for the construction of the nature preserve trail. This plan calls for a "natural" trail made from decomposed granite that will follow the natural terrain along the inside of the fence line (Attachment 1). This will not only provide a trail loop around the nature preserve (with the Bear Creek Trail) but it will also provide a pedestrian walkway off Avenida Montezuma. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve the Plans and Specifications, and authorize staff to advertise for bids for the Trail at the Fred Wolff Bear Creek Nature Preserve, Project No. 2008- 05;or 2. Do not approve the Plans and Specifications, and authorize staff to advertise for bids for the Trail at the Fred Wolff Bear Creek Nature Preserve, Project No. 2008-05; or 3. Provide staff with alternative direction. Respectfully submitted, Edie H�Iton Community S rvices Director 099 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Location Map and Trail Details ,.... 100 Tit!t ot 4 a" COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Adoption of a Resolution Approving a Side Letter Agreement to the Memorandum of Understanding Between the City of La Quinta and the La Quinta City Employees' Association Regarding an Alternate Work Week Schedule RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution approving a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of La Quinta (City) and the La Quinta City Employees' Association (Association) regarding an Alternate Work Week Schedule (AWWS). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 21, 2009, the City Council approved a MOU with the Association. Section 14 of the MOU allowed staff to conduct research on implementation of an AWWS for recommendation to the City Council. This research and recommendation was discussed in closed session on November 17, 2009, and staff was directed to obtain input and agreement from the Association on implementation of the AWWS proposed by staff. As a result of negotiations between the City and the Association, a Side Letter Agreement (Exhibit A to Resolution) has been prepared that will govern implementation of an AWWS policy, whereby City Hall hours of operation would be extended from 7:30 a.m. to 5:30 p.m. Monday through Thursday. City Hall hours of operation on Fridays would remain 8:00 a.m. to 5:00 p.m. The AWWS would become effective on 103 January 1, 2010, and would remain in effect for the remaining term of the MOU (June 30, 2010) or until further notice by management, per Council's direction. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution approving a Side Letter Agreement to the Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association regarding an Alternate Work Week Schedule; or 2. Do not adopt a resolution approving a Side Letter Agreement to the MOU with the Association; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: ( �1 Thomas P. Genovese, City Manager 104 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION (LQCEA), REGARDING AN ALTERNATE WORK WEEK SCHEDULE COMMENCING ON JANUARY 1, 2010 WHEREAS, the City of La Quinta, hereinafter referred to as "City," and the La Quinta City Employees' Association, the recognized organization representing its members, hereinafter referred to as "Association," have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code Section 3500, as amended; and WHEREAS, the City and the Association have negotiated a Side Letter Agreement to the Memorandum of Understanding (MOU) commencing on January 1, 2010, to implement an Alternate Work Week Schedule (AWWS) on a trial basis for the remaining term of the MOU, or until cancelled by Management, whichever occurs sooner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The City does hereby approve, ratify, and authorize implementation of each economic and non -economic benefit and right set forth in the Side Letter Agreement to the Memorandum of Understanding between the City and Association, attached hereto and executed on December 15, 2009, and incorporated herein as Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of December, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 105 Resolution 2009- Side Letter Agreement to LQCEA MOU Regarding AWWS December 15, 2009 Page 2 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 106 EXHIBIT A SIDE LETTER AGREEMENT This SIDE LETTER AGREEMENT ("Agreement") is made by and between the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association"), as of December , 2009. RECITALS A. WHEREAS, Association and City entered into a Memorandum of Understanding ("MOU") on July 29, 2009 which covers the period of July 1, 2009 through June 30, 2010; and B. WHEREAS, the City and Association agreed in Section 14 of the MOU to have the Employee Relations Officer conduct research on implementation of an alternate work week schedule for recommendation to the City Council before December 31, 2009; and C. WHEREAS, on November 17, 2009, staff received Council direction to implement an Alternate Work Week Schedule ("AWWS") utilizing a 9/80 schedule, whereby employees who elect to participate in the AWWS would work eight 9- hour days and one 8-hour day, with every other Friday off; and D. WHEREAS, City has met and conferred with Association regarding the AWWS and the parties desire to conduct a trial AWWS commencing on January 1, 2010 and continuing for the remaining term of the existing MOU, or until cancelled by Management, whichever occurs sooner. NOW THEREFORE, it is agreed by and among the parties as follows: 1. The City and Association agree that the availability of an AWWS is a valuable benefit to employees in that it promotes job satisfaction and is of benefit to the City and its citizens in that it extends the hours of operation at City Hall. The use of an AWWS is permitted, where it can be accommodated without impairing departmental operations or public service. 2. As an alternative to the normal work schedule of five 8-hour days constituting a 40-hour work week (5/40), and subject to the concurrence and approval of respective Department Directors and the City Manager, a regular full- time employee may elect to work a 9/80 AWWS. The conditions and restrictions set forth in the attached 9/80 Alternate Work Week Schedule policy (Exhibit A) apply to all employees electing a 9/80 AWWS: A. An employee may elect to establish a bi-weekly work schedule which varies from the normal schedule in the number of hours worked per day and in the number of days worked per week, except that no single workday may 107 exceed nine (9) hours and total scheduled biweekly hours are not to exceed eighty (80) hours. B. No AWWS may be established in which overtime is incurred as a part of the regular established work schedule either under this Agreement or under Federal or State law. 3. The remainder of the MOU shall not be affected by this Side Letter Agreement, and shall remain in full force and effect. CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES' ASSOCIATION By: By: Its: Its: Attachment: Exhibit A — 9/80 Alternate Work Week Schedule Policy 2_ 108 EXHIBIT A City of La Quinta 9/80 Alternate Work Week Schedule (AWWS) 1. Participation Participation in the 9/80 Alternate Work Week Schedule (AWWS) is voluntary and subject to Department Director approval consistent with the needs of the City. Employees shall be required to sign the "Alternate Work Week Schedule Agreement" (Attachment A) acknowledging receipt and acceptance of the requirements of this policy. This policy will remain in place until the expiration of the current Memorandum of Understanding with the La Quinta City Employees' Association, or until cancelled by management, whichever occurs sooner. 2. Work Schedule Participants in the 9/80 AWWS elect to work from 7:30 a.m. to 5:30 p.m. Monday through Thursday each week, and from 8:00 a.m. to 5:00 p.m. every other Friday, including a one hour unpaid lunch period each day, with the opposite Friday being designated as the "Regular Day Off' (RDO). Variations of this schedule may be approved by the Department Director for select positions when doing so will result in more efficient operations for the department (i.e., Code/Animal Control Officers; certain Public Works positions; certain Community Services positions; etc.). Employees may also elect to stay on a regular 5/40 work schedule (8 hours per day, 5 days per week). 3. FLSA Workweek The work period shall consist of, for FLSA purposes, a fixed and regularly recurring period of seven consecutive 24-hour periods (168 hours), or 40 hours worked within a seven-day period, beginning at noon on Friday and ending at noon the immediately subsequent Friday. 5/40 Employee Example: MON TUES WED THURS FRI Week 0 4 hrs before noon applies to week 12rior to Week 1 4 hrs after noon applies to Week 1 Week 1 8 hrs 8 hrs 8 hrs 8 hrs 4 hrs before noon apolies to Week 1 4 hours (after noon a lies to Week 2 Week 2 1 8 hrs 8 hrs 8 hrs 8 hrs 4 hrs(before noon agplies to Week 2 4 hours after noon apolies to Week 3 The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity or efficiency as determined by the department director. A/B Schedules — To continue to provide service to the public every Friday, employees on a 9/80 schedule are to be divided between two schedules, known as the "A" or "B" schedule, based upon departmental needs. For identification purposes, the schedules shall be known as follows: "A" schedule shall have "Payday" Friday off "B" schedule shall have the "Non -payday" Friday off Created December 2009 1 109 9/80 Employee Example (Schedule A): MON T ES WED TH RS FRI Week 0 4 hrs before noon aoplies toweek prior to Week 1 4 hrs after noon applies to Week 1 Week 1 9 hrs 9 hrs 9 hrs 9 hrs 8 hour Regular Day Off _ Week 2 9 hrs 9 hrs 9 hrs 9 hrs 4 hrs before noon a lies to Week 2 r4 hours after noon a lies to Week 3 9/80 Employee Example (Schedule B): MON TUES WED THURS FRI Week 1 9 hrs 9 hrs 9 hrs 9 hrs 4 hrs (before noon applies to Week 1 4 hours after noon applies to Week 2 Week 2 9 hrs 9 hrs 9 hrs 9 hrs 8 hour Regular Day Off 'RDO's other than Fridays are utilized only by specific positions designated and approved by Department Directors for purposes of maintaining departmental efficiency. For staff on a 9/80 work schedule that includes Saturday and/or Sunday, the work period will begin four hours after the start time of the day of the week which constitutes the employee's alternating Regular Day Off. The work week shall end exactly 168 hours later. 4. Schedule Changes Changes to an employee's schedule may only be made when an employee requires a schedule change to accommodate major life changes (e.g. change in daycare situations, care for seriously ill relative, death of spouse, adoption of child, etc.). Directors have discretion to temporarily change an employee's schedule because of business demands, vacation schedules, disciplinary issues, etc. All such temporary changes initiated by a Director must be for a minimum of two weeks and must begin at the beginning of a pay period. 5. Notification Both Human Resources and Payroll must be notified in writing at least 2 weeks in advance on the form referenced as Attachment A, when an employee begins or ends the 9/80 AWWS. The beginning notification must include the beginning date of the 9/80 AWWS, the RDO, and the 8-hour workday. The ending notification must designate the ending date of the 9/80 AWWS. 6. 8-Hour Workday For FLSA covered (non-exempt) employees, changes in the starting time or ending time (flexing the work shift) on the 8-hour day is not permitted unless specifically authorized to meet departmental work demands. Since flexing the work shift on the 8-hour workday incurs overtime liability, the Participant's time card must reflect appropriate hours worked to correspond with the flexing of the work shift. For example, an employee eligible for overtime cannot report to work one (1) hour late and work one hour over his/her regularly scheduled shift to make up for the one hour. The employee must use one (1) hour of available leave, authorized leave, or unauthorized leave without pay, to cover the one (1) hour absence. Created December 2009 L .e... 110 7. Lunch The Personnel Policies should be referred to regarding lunch breaks (Section 6.30). However, all employees on a 9/80 AWWS shall be required to take a minimum of one (1) hour lunch break (with the exception of Maintenance personnel). An employee may not combine the two (2) 15-minute breaks with the one (1) hour lunch break (for employees who currently have the 2 breaks and the half (1) hour lunch break, with the exception of Maintenance personnel) nor can the two (2) 15- minute breaks be used to leave early or to make up time when the employee arrives to work late. 8. 9180 Timekeeping Accurate time records must be maintained when administering the 9/80 AWWS. The employee and supervisor are responsible for accurate time reporting of hours worked and accounting for use of any and all accrued leave. 8.1 Implementation: When an employee first begins the 9/80 AWWS, the initial timecard must specify the start date of the 9/80 AWWS and the RDO in the upper left hand corner (Sample 1). The code "9/80" and the RDO must be annotated in the upper left hand corner on each subsequent time card (Sample 2). 8.2 Leaves of Absence: 8.2.1 Military leave, long-term W/C injury absences and other approved leaves of absence of more than two (2) weeks require eight (8) hours or less of the employee's time per day. Therefore, employees on the 9/80 AWWS will be required to change to a regular five (5) day 40-hour work schedule during a leave of absence. The employee's timecard must be annotated "Off 9/80" in the upper left hand corner of the card with the date the employee is taken off the 9/80 AWWS and the schedule reverts to a regular 40-hour workweek (8 hours per day; 40 hours per week) (Sample 3). Removing employees from the 9/80 AWWS because of a leave of absence usually requires special time keeping; therefore, please contact Payroll for assistance. 8.2.2 Jury duty: The provisions of the City's Personnel Policies shall continue to apply, however, if an employee is called to serve on jury duty during the employee's normal day off, Saturday or Sunday, then the jury duty shall be considered the same as having occurred during the employee's day off from work; therefore, the employee will receive no added compensation. 8.3 Holidays: For all holidays, including the floating holiday, the City will pay for the standard eight (8) hours of work. 8.3.1 On Workday: When a holiday falls on a regular nine (9) hour workday, the employee must use one (1) hour of personal accrued vacation, compensatory time, floating holiday, or administrative leave to make up the ninth (91") hour in order to receive a full paycheck. Each employee shall designate on his/her timesheet whether vacation, compensatory time, floating holiday or administrative leave should be used. The time may not be charged to sick leave. If a person has no leave time, he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires supervisor approval in advance (same as Sample 2). Created December 2009 3 1 l 1 8.3.2 On RDO: When a holiday falls on an employee's RDO, the employee will be required to take an alternate day off within the same week, subject to supervisory approval, and the employee will be required to use one (1) hour of personal accrued vacation, compensatory time, floating holiday, or administrative leave hour to make up for the ninth (9"') hour in order to receive a full paycheck. Each employee shall designate on his/her timesheet whether vacation, compensatory time, floating holiday or administrative leave should be used. The time may not be charged to sick leave. If a person has no leave time, he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires supervisor approval in advance (Sample 4). 8.4 Overtime for FLSA Covered Employees: 8.4.1 Supervisory Approval: Overtime worked will be credited to the employee as compensatory time or paid overtime with supervisor approval (Sample 5). 8.4.2 Overtime at Time and One -Half: Employees eligible to receive overtime (FLSA covered employees), will continue to receive overtime in accordance with the MOU or the City's Personnel Policies for all hours in excess of forty (40) hours in a work week. 8.4.3 Overtime on RDO: An employee may occasionally be required to work overtime on their RDO. , If or when this occurs, the employee will receive payment or be credited with compensatory time for the number of hours worked. The timecard must be coded RDO on the specific RDO day and the number of overtime hours worked must be identified below on that same day (Sample 6). 8.5 Absences: 8.6.1 9-Hour Day Absences: An employee who is absent on a nine (9) hour workday will be charged with nine (9) hours of paid leave. 8.5.2 LWOP: An employee who is absent on either Authorized or Unauthorized Leave Without Pay on a nine (9) hour day will be coded as nine (9) hours of either Authorized or Unauthorized Leave Without Pay. 9. Personal Time Off To the greatest extent possible, employees should attempt to schedule medical or other personal appointments on their scheduled regular Friday off (RDO). Also, employees should make all efforts to avoid taking miscellaneous time off on the "working" Fridays to avoid undue hardship on their fellow coworkers. 10. Emergencies All employees on the 9/80 AWWS are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Director or designee may require such service from any of said employees. This includes staff shortages in a department. In the case of staff shortages, management will notify the affected employee at least one (1) week prior to the change of the work schedule. Policy questions regarding the AWWS may be directed to the Human Resources/Risk Manager at Extension 7041. Timekeeping questions may be directed to the Senior Account Technician at Extension 7059. Created December 2009 4 112 City of La Quinta ALTERNATE WORK WEEK SCHEDULE AGREEMENT ATTACHMENT A Employee Name: Date: Position Title: Employee No.: Department: Effective Date: (Must be effective beginning of pay periotl; MIMIIN ❑ Discontinuation of the 9/80 Work Schedule: o Date employee will resume a 5/40 schedule: ❑ 9/80 Work Schedule: o Regular Day Off (RDO): (Payday Friday, Non -Payday Friday, etc.) o Date of first regularly scheduled day off: o Work schedule for 8-hour day: (i.e. 8:00 am -5:00 pm) o Work schedule for 9-hour days: (i.e. 7:30 am - 5:30 pm) Other: (Specify schedule and work hours) If you are on a 9/80 Alternate Work Week Schedule (AWWS), your work week for overtime purposes will begin four (4) hours into the start of your regular shift on the day opposite your regular day off (RDO), resulting in one calendar week of 44 hours, and one calendar week of 36 hours in a two -week pay period. This change is being made for the purposes of computing your 40-hour work week and any overtime compensation due you under the provisions of the Fair Labor Standards Act (FLSA). In signing this agreement, and in accordance with the provisions of the FLSA, you agree to permanently maintain your agreed upon AWWS. Director initiated changes will not be permitted without prior approval and a minimum of two weeks' written notice to Finance and HR, pursuant to the City of La Quinta 9/80 Alternate Work Week Schedule Policy, Section 5. Notification. I understand that this change in work week is voluntary; it is a privilege and not a right and may be changed or canceled by the Department Director or Management at any time. I agree to abide by the City of La Quinta 9/80 Alternate Work Week Schedule Policy. I have read and understand the above terms and conditions of the AWWS and understand that this agreement is made in accordance with the provisions of the FLSA. I also acknowledge receipt of the City of La Quinta 9/80 Alternate Work Week Schedule Policy and understand a copy of this agreement will be placed in my official personnel file for audit purposes. I further understand that any hours up to 80 (eighty) in a two -week pay period, accrued as a result of this schedule, will be compensated as straight time when paid by lump sum, and any deficit hours will be charged to accrued vacation, compensatory time, floating holiday or administrative leave. Employee Signature: Supervisor Signature: Department Director Signature: Employee Relations Officer Signature: Signed copies of final document to BOTH Human Resources and Finance Note: All appmval signatures must be obtained prior to altering an alternate work week schedule. ..... 113 ME INNIN M11111111 milli 111 :. 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MMME r�A LOR 7 RM Nii > m > H �' E� °' _ O a d N N J m d W LL �a�As0J� ��o0Lu tm rp. m mEEmg�' aLU �WW�J>U)lici¢insm ;aoJ a oaDo 0 m w 0 D J¢ w a¢ 0 0 0 w w h J iQ- 9_ COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Adoption of a Resolution Regarding an Alternate Work Week Schedule for Management, Contract Management and Confidential Employees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution regarding an Alternate Work Week Schedule ("AWWS") for Management, Contract Management and Confidential Employees. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A resolution has been prepared and submitted herein that would authorize the implementation of a trial Alternate Work Week Schedule. Adoption of the resolution would result in the extension of operating hours at City Hall from 7:30 a.m. to 5:30 p.m., Monday through Thursday, and 8:00 a.m. to 5:00 p.m. on Fridays. In addition, employees participating in the AWWS would work a 9/80 schedule, composed of eight 9-hour days, one 8-hour day and one day off in a two -week period. The change to City Hall operating hours and implementation of the 9/80 work schedule would begin on January 1, 2010. The proposed changes reflect and were precipitated by a proposed Side Letter Agreement to the current Memorandum of Understanding with the La Quinta City Employees' Association. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 120 1. Adopt a resolution regarding an Alternate Work Week Schedule for Management, Contract Management and Confidential Employees; or 2. Do not adopt a resolution regarding an Alternate Work Week Schedule for Management, Contract Management and Confidential Employees; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING AN ALTERNATE WORK WEEK SCHEDULE FOR MANAGEMENT, CONTRACT MANAGEMENT AND CONFIDENTIAL EMPLOYEES, COMMENCING ON JANUARY 1, 2010 WHEREAS, the City of La Quinta, hereinafter referred to as "City," will change the operating hours at City Hall from 7:30 a.m. to 5:30 p.m., Monday through Thursday, and 8:00 a.m. to 5:00 p.m. on Fridays, and will permit a 9/80 alternate work week schedule for Management, Contract Management and Confidential employees commencing on January 1, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The City does hereby approve, ratify, and authorize for Management, Contract Management and Confidential Employees implementation of an Alternate Work Week Schedule commencing January 1, 2010. The policy that governs the implementation of the 9/80 Alternate Work Week Schedule is provided as Exhibit A. Section 2. The City recognizes Contract Management positions as the: Assistant City Manager -Development Services, Assistant City Manager -Management Services, City Clerk, Community Services Director, Planning Director and Public Works Director/City Engineer. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15"' day, of December, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 122 Resolution 2009- Alternate Work Week Schedule for Management, Contract Management and Confidential Employees December 15, 2009 Page 2 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 113 EXHIBIT A City of La Quinta 9/80 Alternate Work Week Schedule (AWWS) 1. Participation Participation in the 9/80 Alternate Work Week Schedule (AWWS) is voluntary and subject to Department Director approval consistent with the needs of the City. Employees shall be required to sign the "Alternate Work Week Schedule Agreement" (Attachment A) acknowledging receipt and acceptance of the requirements of this policy. This policy will remain in place until the expiration of the current Memorandum of Understanding with the La Quinta City Employees' Association, or until cancelled by management, whichever occurs sooner. 2. Work Schedule Participants in the 9/80 AWWS elect to work from 7:30 a.m. to 5:30 p.m. Monday through Thursday each week, and from 8:00 a.m. to 5:00 p.m. every other Friday, including a one hour unpaid lunch period each day, with the opposite Friday being designated as the "Regular Day Off' (RDO). Variations of this schedule may be approved by the Department Director for select positions when doing so will result in more efficient operations for the department (i.e., Code/Animal Control Officers; certain Public Works positions; certain Community Services positions; etc.). Employees may also elect to stay on a regular 5/40 work schedule (8 hours per day, 5 days per week). 3. FLSA Workweek The work period shall consist of, for FLSA purposes, a fixed and regularly recurring period of seven consecutive 24-hour periods (168 hours), or 40 hours worked within a seven-day period, beginning at noon on Friday and ending at noon the immediately subsequent Friday. 5/40 Employee Example: MON TUES WED THURS FRI Week 0 4 hrs(before no n applies to week 12rior to Week 1 4 h (after no n goplies to Week 1 Week 1 8 hrs 8 hrs 8 hrs 8 hrs 4 hrs before noon applies to Week 1 4 hours after noon —allies o Week 2 Week 2 8 hrsF hrs 8 hrs 8 hrs 4 hrs before n on lies to Week 2 4 hours after noon agplies to Week 3 The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity or efficiency as determined by the department director. A/B Schedules — To continue to provide service to the public every Friday, employees on a 9/80 schedule are to be divided between two schedules, known as the "A" or "B" schedule, based upon departmental needs. For identification purposes, the schedules shall be known as follows: "A" schedule shall have "Payday" Friday off "B" schedule shall have the "Non -payday" Friday off Created December 2009 1 124 9/80 Employee Example (Schedule A): MON TUES WED THURS FRI Week 0 4 hrs(before noon lies to week prior to Week 1 4 hrs after noon) al2glies to Week 1 Week 1 9 hrs 9 hrs 9 hrs 9 hrs 8 hour Regular Day Off Week 2 9 hrs 9 hrs 9 hrs 9 hrs 4 hrs before noon aol2lies to Week 2 4 hours fter noon applies to We k 3 9/80 Employee Example (Schedule B): MON TUES WED THURS FRI Week 1 9 hrs 9 hrs 9 hrs 9 hrs 4 hrs (before noon applies to Week 1 4 hours after noon) applies to Week 2 Week 2 9 hrs 9 hrs 9 hrs 9 hrs 8 hour Regular Day Off 'RDO's other than Fridays are utilized only by specific positions designated and approved by Department Directors for purposes of maintaining departmental efficiency. For staff on a 9/80 work schedule that includes Saturday and/or Sunday, the work period will begin four hours after the start time of the day of the week which constitutes the employee's alternating Regular Day Off. The work week shall end exactly 168 hours later. 4. Schedule Changes Changes to an employee's schedule may only be made when an employee requires a schedule change to accommodate major life changes (e.g. change in daycare situations, care for seriously ill relative, death of spouse, adoption of child, etc.). Directors have discretion to temporarily change an employee's schedule because of business demands, vacation schedules, disciplinary issues, etc. All such temporary changes initiated by a Director must be for a minimum of two weeks and must begin at the beginning of a pay period. 5. Notification Both Human Resources and Payroll must be notified in writing at least 2 weeks in advance on the form referenced as Attachment A, when an employee begins or ends the 9/80 AWWS. The beginning notification must include the beginning date of the 9/80 AWWS, the RDO, and the 8-hour workday. The ending notification must designate the ending date of the 9/80 AWWS. 6. 8-Hour Workday For FLSA covered (non-exempt) employees, changes in the starting time or ending time (flexing the work shift) on the 8-hour day is not permitted unless specifically authorized to meet departmental work demands. Since flexing the work shift on the 8-hour workday incurs overtime liability, the Participant's time card must reflect appropriate hours worked to correspond with the flexing of the work shift. For example, an employee eligible for overtime cannot report to work one (1) hour late and work one hour over his/her regularly scheduled shift to make up for the one hour. The employee must use one (1) hour of available leave, authorized leave, or unauthorized leave without pay, to cover the one (1) hour absence. Created December 2009 L 1 n 5 'eo.,. L 7. Lunch The Personnel Policies should be referred to regarding lunch breaks (Section 6.30). However, all employees on a 9/80 AWWS shall be required to take a minimum of one (1) hour lunch break (with the exception of Maintenance personnel). An employee may not combine the two (2) 15-minute breaks with the one (1) hour lunch break (for employees who currently have the 2 breaks and the half (1) hour lunch break, with the exception of Maintenance personnel) nor can the two (2) 15- minute breaks be used to leave early or to make up time when the employee arrives to work late. 8. 9180 Timekeeping Accurate time records must be maintained when administering the 9/80 AWWS. The employee and supervisor are responsible for accurate time reporting of hours worked and accounting for use of any and all accrued leave. 8.1 Implementation: When an employee first begins the 9/80 AWWS, the initial timecard must specify the start date of the 9/80 AWWS and the RDO in the upper left hand corner (Sample 1). The code "9/80" and the RDO must be annotated in the upper left hand corner on each subsequent time card (Sample 2). 8.2 Leaves of Absence: 8.2.1 Military leave, long-term W/C injury absences and other approved leaves of absence of more than two (2) weeks require eight (8) hours or less of the employee's time per day. Therefore, employees on the 9/80 AWWS will be required to change to a regular five (5) day 40-hour work schedule during a leave of absence. The employee's timecard must be annotated "Off 9/80" in the upper left hand corner of the card with the date the employee is taken off the 9/80 AWWS and the schedule reverts to a regular 40-hour workweek (8 hours per day; 40 hours per week) (Sample 3). Removing employees from the 9/80 AWWS because of a leave of absence usually requires special time keeping; therefore, please contact Payroll for assistance. 8.2.2 Jury duty: The provisions of the City's Personnel Policies shall continue to apply, however, if an employee is called to serve on jury duty during the employee's normal day off, Saturday or Sunday, then the jury duty shall be considered the same as having occurred during the employee's day off from work; therefore, the employee will receive no added compensation. 8.3 Holidays: For all holidays, including the floating holiday, the City will pay for the standard eight (8) hours of work. 8.3.1 On Workday: When a holiday falls on a regular nine (9) hour workday, the employee must use one (1) hour of personal accrued vacation, compensatory time, floating holiday, or administrative leave to make up the ninth (9`") hour in order to receive a full paycheck. Each employee shall designate on his/her timesheet whether vacation, compensatory time, floating holiday or administrative leave should be used. The time may not be charged to sick leave. If a person has no leave time, he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires supervisor approval in advance (same as Sample 2). Created December 2009 3 •• 1 L 6 8.3.2 On RDO: When a holiday falls on an employee's RDO, the employee will be required to take an alternate day off within the same week, subject to supervisory approval, and the employee will be required to use one (1) hour of personal accrued vacation, compensatory time, floating holiday, or administrative leave hour to make up for the ninth (9tt') hour in order to receive a full paycheck. Each employee shall designate on his/her timesheet whether vacation, compensatory time, floating holiday or administrative leave should be used. The time may not be charged to sick leave. If a person has no leave time, he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires supervisor approval in advance (Sample 4). 8.4 Overtime for FLSA Covered Employees: 8.4.1 Supervisory Approval: Overtime worked will be credited to the employee as compensatory time or paid overtime with supervisor approval (Sample 5). 8.4.2 Overtime at Time and One -Half: Employees eligible to receive overtime (FLSA covered employees), will continue to receive overtime in accordance with the MOU or the City's Personnel Policies for all hours in excess of forty (40) hours in a work week. 8.4.3 Overtime on RDO: An employee may occasionally be required to work overtime on their RDO. If or when this occurs, the employee will receive payment or be credited with compensatory time for the number of hours worked. The timecard must be coded RDO on the specific RDO day and the number of overtime hours worked must be identified below on that same day (Sample 6). 8.6 Absences: 8.5.1 9-Hour Day Absences: An employee who is absent on a nine (9) hour workday will be charged with nine (9) hours of paid leave. 8.5.2 LWOP: An employee who is absent on either Authorized or Unauthorized Leave Without Pay on a nine (9) hour day will be coded as nine (9) hours of either Authorized or Unauthorized Leave Without Pay. 9. Personal Time Off To the greatest extent possible, employees should attempt to schedule medical or other personal appointments on their scheduled regular Friday off (RDO). Also, employees should make all efforts to avoid taking miscellaneous time off on the "working" Fridays to avoid undue hardship on their fellow coworkers. 10. Emergencies All employees on the 9/80 AWWS are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, Department Director or designee may require such service from any of said employees. This includes staff shortages in a department. In the case of staff shortages, management will notify the affected employee at least one (1) week prior to the change of the work schedule. Policy questions regarding the AWWS ma y 1L7 Created December 2009 City of La Quinta ALTERNATE WORK WEEK SCHEDULE AGREEMENT ATTACHMENT A Employee Name: Date: Position Title: Employee No.: Department: Effective Date: (Must be effective beginning of pay period; ❑ Discontinuation of the 9/80 Work Schedule: o Date employee will resume a 5/40 schedule: ❑ 9/80 Work Schedule: o Regular Day Off (RDO): (Payday Friday, Non -Payday Friday, etc.) o Date of first regularly scheduled day off: o Work schedule for 8-hour day: (i.e. 8:00 am -5:00 pm) o Work schedule for 9-hour days: (i.e. 7:30 am - 5:30 pm) Other: (Specify schedule and work hours) If you are on a 9/80 Alternate Work Week Schedule (AWWS), your work week for overtime purposes will begin four (4) hours into the start of your regular shift on the day opposite your regular day off (RDO), resulting in one calendar week of 44 hours, and one calendar week of 36 hours in a two -week pay period. This change is being made for the purposes of computing your 40-hour work week and any overtime compensation due you under the provisions of the Fair Labor Standards Act (FLSA). In signing this agreement, and in accordance with the provisions of the FLSA, you agree to permanently maintain your agreed upon AWWS. Director initiated changes will not be permitted without prior approval and a minimum of two weeks' written notice to Finance and HR, pursuant to the City of La Quinta 9/80 Alternate Work Week Schedule Policy, Section 5. Notification. I understand that this change in work week is voluntary; it is a privilege and not a right and may be changed or canceled by the Department Director or Management at any time. I agree to abide by the City of La Quinta 9/80 Alternate Work Week Schedule Policy. I have read and understand the above terms and conditions of the AWWS and understand that this agreement is made in accordance with the provisions of the FLSA. I also acknowledge receipt of the City of La Quinta 9/80 Alternate Work Week Schedule Policy and understand a copy of this agreement will be placed in my official personnel file for audit purposes. I further understand that any hours up to 80 (eighty) in a two -week pay period, accrued as a result of this schedule, will be compensated as straight time when paid by lump sum, and any deficit hours will be charged to accrued vacation, compensatory time, floating holiday or administrative leave. Employee Signature: Supervisor Signature: Department Director Signature: Employee Relations Officer Signature: F Signed copies of final document to BOTH Human Resources and mane Note: All approval signatures must be obtained prior to altering an alternate work week schedule. 128 §�0� k a / \LU ) ƒ§\§ §§ w} > n L ) k a 0 \ \ § 2 \/ �§ NOR � ■ �� | WEEMEMEMEMEM■ � � � � -- rZ A I \o J E eeee § \A )�kI5am�7©�3co7D Eot =G=aI=a« a-a-3? § 0Cmj=em,w 0&G=o ])#2)EEL w0-$7C �fa2 §k%i k a:w(9 <« CL<000 m t� e� _| @& �- �■ o m i$ 7i 2 k z 31 ■ , # !•� $ |! ■ | § $$ ■ � `k f\ |) �§ ! 7 | [§ / }7 k %i 129 'I111 �■I■I■�11 �_lok$I I I I I I Ii U hI LLI t W co a N a II -M11,11,�1, 14 ,1EINMI C4 z W WW a °}o W W lEi ON ION E � N = X OCf0'J >2 N> E JmP- �j j4E) M m m m =' c c oW3_ m E E �� W °; > li V¢ m Q o$Voo O m I �.� �0 i ro A i J21 � I1 z 2 h� n o M 'Wg q 3 0 ilea n JLL z N V) W Ix m� 0 P a Z ca l0 N W J 4) oLU I F $ UJ UJ E d� Y Q> i 3 134 Tity� 4 4 Qub& COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. 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 3, 2010 for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Piazza Serena (Tract Map No. 30092) is located north of Avenue 58 and west of Monroe Street (Attachment 1). On February 3, 2005, the City and K. Hovnanian Forecast Homes, Inc. entered into a SIA for Piazza Serena. 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 135 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 October 21, 2008, 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 3, 2009. In a letter dated November 17, 2009 (Attachment 2), the developer requests additional time to complete the remainder of the off -site improvements due to the current economic condition. The remainder of the off -site improvements includes median landscaping along Monroe Street and a traffic signal at the entrance on Avenue 58. The developer requests a time extension for the off -site improvements to September 3, 2010. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to September 3, 2010 for Tract Map No. 30092, Piazza Serena; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to September 3, 2010 for Tract Map No. 30092, Piazza Serena; or 3. Provide staff with alternative direction. Respectfully submitted, jmothy R. on n, P.E. Pulic Wo s D r ctor/City Engineer 130 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from K. Hovnanian Communities dated Nov 17, 2009 137 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 3, 2010 FOR TRACT MAP NO. 30092, PIAZZA SERENA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30092, Piazza Serena, on February 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by September 3, 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 3, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 3, 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. 13B Resolution No. 2009- Tract Map No. 30092, Piazza Serena Adopted: December 15, 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 15th day of December 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 A r3l ATTACHMENT 1 TM 30092 - PIAZZA SERENA COACT PROJECT SITE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: December 15, 2009 04. n ITEM TITLE: Adoption of a Resolution to Extend the Time for a s Completion of the Off -site Improvements for Tract Map No. 30092, Piazza Serena APPLICANT: Mr. James Crandall, K. Hovnanian Communities 140 ATTACHMENT 2 VIA OVERNIGHT DELIVERY & FAX NO. (760) 777-7101 November 17, 2009 Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quints, Public Works Department 78-495 Calle Tampico La Quinta, California 92253 Re: Piazza Serena -Tract 30092 SIA On -Site & Off -Site Improvements Dear Mr. Jonasson: This letter is being written to request an approval on the extension for the On -site and Offshe Subdivision Improvements for Tract 30092. Onsite improvements remaining to complete include the Street improvements and retention basin Offsite improvements left to complete include our fair share of a traffic signal and median landscaping. Due to the current economic condition I do not know when the improvements will be completed but would like to request a one year extension. Please let me know if there is anything else beyond this request letter necessary to meet our obligations per the Subdivision Improvement Agreements and City Council approval for the Subdivision Improvement extensions. Please contact me should you have any questions or need further clarification on this matter. Thank you Sincerely, James Crandall Land Planning Manager K. Hovnanian Communities Cc: Amy Yu; Assistant Engineer 11 Darren Bolton, VP Land Development 141 Twyl 4 4awiu4 COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. 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 3, 2010 for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Piazza Serena (Tract Map No. 30092) is located north of Avenue 58 and west of Monroe Street (Attachment 1). On February 3, 2005, the City and K. Hovnanian Forecast Homes, Inc. entered into a SIA for Piazza Serena. 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 14.'_ improvements in response to changes in standards or conditions affecting or affected by the Improvements." On November 20, 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 3, 2008. On November 4, 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 March 3, 2009. In a letter dated November 17, 2009 (Attachment 2), the developer requests additional time to complete the remainder of the on -site improvements due to the current economic condition. The remainder of the on -site improvements includes capping of interior streets for those street portions in the tract that are currently vacant and landscaping the retention basin. The developer requests a time extension for the on - site improvements to September 3, 2010. 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: Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to September 3, 2010 for Tract Map No. 30092, Piazza Serena; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to September 3, 2010 for Tract Map No. 30092, Piazza Serena; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J na P.E. ublic Wo Dir for/City Engineer .... 14 3 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from K. Hovnanian Communities dated Nov 17, 2009 144 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 3, 2010 FOR TRACT MAP NO. 30092, PIAZZA SERENA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 30092, Piazza Serena, on February 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by March 3, 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 3, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 3, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Resolution No. 2009- Tract Map No. 30092, Piazza Serena Adopted: December 15, 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 15t" day of December 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 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 DON ADOLPH, Mayor City of La Quinta, California to... 146 ATTACHMENT 1 TM 30092 - PIAZZA SERENA COACT PROJECT SI TE :INITY MAP NOT TO SCALE CITY COUNCIL MEETING: December 15, 2009 o`" coo ITEM TITLE: Adoption of a Resolution to Extend the Time for n o - s Completion of the On -site Improvements for Tract Map No. 30092, a Piazza Serena 5 C`�MOP-Th`44 APPLICANT: Mr. James Crandall, K. Hovnanian Communities 147 ATTACHMENT 2 VIA OVERNIGHT DELIVERY & FAX NO. (760) 777-7101 November 17, 2009 Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quinta, Public Works Department 78-495 Calle Tampico La Quints, California 92253 Re: Piazza Serena —Tract 30092 SIA On -Site & Off -Site Improvements Dear Mr. Jonasson: This letter is being written to request an approval on the extension for the On -site and Offsite Subdivision Improvements for Tract 30092. Onsite improvements remaining to complete include the Street improvements and retention basin. Offsite improvements left to complete include our fair share of a traffic signal and median landscaping. Due to the current economic condition I do not know when the improvements will be completed but would like to request a one year extension. Please ret me know if there is anything else beyond this request letter necessary to meet our obligations per the Subdivision Improvement Agreements and City Council approval for the Subdivision Improvement extensions. Please contact me should you have any questions or need further clarification on this matter. 'Thank you Sincerely, James Crandall Land Planning Manager K. Hovnanian Communities Cc: Amy Yu; Assistant Engineer II Darren Bolton, VP Land Development 143 Titf 4 4 a" COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31852, Polo Estates, Rindlesbach Construction, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _zg_ 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 December 31, 2010 for Tract Map No. 31852, Polo Estates, Rindlesbach Construction, Inc. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Polo Estates (Tract Map No. 31852) is located on the northwest corner of Avenue 52 and Madison Street (Attachment 1). On March 15, 2006, the City and Rindlesbach Construction, Inc. entered into an SIA for Polo Estates. 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 149 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 March 20, 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 May 1, 2007. Staff sent letters to the developer on August 2, 2007 and June 24, 2008 requesting a status on their SIA and improvements. Staff then sent a Notice of Default of the SIA on April 30, 2009. The developer responded to the letters on July 17, 2009 saying that there was a new owner of the project. The new owner (Gilger Homes) has not yet signed an assignment and assumption agreement, so the bonds are still in the name of the original developer. In a letter from Rindlesbach Construction, Inc. (Attachment 2), the developer requests, on behalf of the current owner of the project, Gilger Homes, a time extension for completion of the off -site improvements. Gilger Homes has purchased the Polo Estates project from Rindlesbach Construction, Inc. In a letter dated July 8, 2009 from Gilger Homes (Attachment 3), Gilger Homes states their intent to start construction of the off -site improvements in the first quarter of 2010 and be completed with the off -site improvements by the end of 2010. The off - site improvements to be completed include relocating the existing telephone poles and the widening of Avenue 52 and Madison Street with sidewalk, equestrian trail, and perimeter landscaping. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to December 31, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to December 31, 2010 for Tract Map No. 31852, Polo Estates; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to December 31, 2010 for Tract Map No. 31852, Polo Estates; or 3. Provide staff with alternative direction. 150 Respectfully submitted, T mothy R. J na n, P.E. ublic Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Rindlesbach Construction, Inc. 3. Letter from Gilger Homes dated July 8, 2009 151 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 DECEMBER 31, 2010 FOR TRACT MAP NO. 31852, POLO ESTATES. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31852, Polo Estates, on March 15, 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 May 1, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to December 31, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 1... 15 Resolution No. 2009- Tract Map No. 31852, Polo Estates Adopted: December 15, 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 15`h day of December 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 153 ATTACHMENT 1 t Q Z w W TM 31852 POLO ESTATES AVENUE 50 GP SEC. 4 T. 6 S. R.7E. AVENUE 52 ;INITY NOT TO SCALE CITY COUNCIL MEETING: December 15, 2009 W AVE 51 �' � �65 ITEM TITLE: Adoption of a Resolution to Extend the Time for ./<1. r � -- � Completion of the Off -Site Improvements for Tract Map No. 31852, =`4' Polo Estates �'40F'f1fi' APPLICANT: Mr. Mark Rindlesbach, Rindlesbach Construction, Inc. ATTACHMENT 2 Rindlesbach Constriction Profit Sharing Plan 2489 Easi Haven bane Holladay, Utah 84117. My 17, 2009 . Amy Yu Public Works Engineer City. of La Quetta La Quinta, California 92253 Re: Tract Map 31852, Polo Estates Anticipated Construction Schedule Dear Ms. Yu As per the attached letter from Gilger Homes I am requesting an extension for the SIA agreement to allow the current owner to complete the improvements. ATTACHMENT 3 GrILG M HOMES BUILDING A B=TTFR WORLD July 8, 2009 Amy Yu Public Works Engineer City of La QuInta . La Quima, California 92M Re: Tract Map 31852, Polo Estates Anticipated Construction Schedule Dear Ms. Yu it has come to my attention that you are In need of an update regarding our antidpated schedule to complete Tract Map 31852• Without going Into what most of us already know about the recent past financial difficulties we have all enjoyed, I can give you this. It is our intent to restart construction of Off -Site and On -site improvements for this Tract in the fe'St quarter of 2010 and to be completed with all by the and of the fourth quarter of 2010. we will be forwarding a detailed schedule and seeking meetings with officials of City of La Quirrta as the actual start date approaches. IGrhdest: Regards, I� IGrk Gilger 12608 S. t25 W., Suite C • Draper. Utah • 84020 On1ce:801.572000 • Fax:801.5726020 • www4V9erh0mes.c0m Tdf 4 4 QUMZ COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31852, Polo Estates, Rindlesbach Construction, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 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 December 31, 2010 for Tract Map No. 31852, Polo Estates, Rindlesbach Construction, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Polo Estates (Tract Map No. 31852) is located on the northwest corner of Avenue 52 and Madison Street (Attachment 1). On March 15, 2006, the City and Rindlesbach Construction, Inc. entered into an SIA for Polo Estates. 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 157 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 March 20, 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 May 1, 2007. Staff sent letters to the developer on August 2, 2007 and June 24, 2008 requesting a status on their SIA and improvements. Staff then sent a Notice of Default of the SIA on April 30, 2009. The developer responded to the letters on July 17, 2009 saying that there was a new owner of the project. The new owner (Gilger Homes) has not yet signed an assignment and assumption agreement, so the bonds are still in the name of the original developer. In a letter from Rindlesbach Construction, Inc. (Attachment 2), the developer requests, on behalf of the current owner of the project, Gilger Homes, a time extension for completion of the off -site improvements. Gilger Homes has purchased the Polo Estates project from Rindlesbach Construction, Inc. In a letter dated July 8, 2009 from Gilger Homes (Attachment 3), Gilger Homes states their intent to restart construction of the on -site improvements in the first quarter of 2010 and be completed with the on -site improvements by the end of 2010. The remaining on -site improvements include completing the grading and storm drain improvements. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA to December 31, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1 . Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to December 31, 2010 for Tract Map No. 31852, Polo Estates; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to December 31, 2010 for Tract Map No. 31852, Polo Estates; or 3. Provide staff with alternative direction. 153 Respectfully submitted, Ti othy R. J nass P.E. ublic Work Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Rindlesbach Construction, Inc. 3. Letter from Gilger Homes dated July 8, 2009 - 153 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 DECEMBER 31, 2010 FOR TRACT MAP NO. 31852, POLO ESTATES. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31852, Polo Estates, on March 15, 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 May 1, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to December 31, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Resolution No. 2009- Tract Map No. 31852, Polo Estates Adopted: December 15, 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 15`h day of December 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) M. KATHERINE JENSON, City Attorney City of La Quinta, California 161 ATTACHMENT 1 W TM 31852 POLO ESTATES AVENUE 50 �Qy GP SEC. 4 T.6S. (ATRAIL R.7E. PJ Q P� i i m 5 ow AVENUE 52 ICINITY NOT TO SCALE CITY COUNCIL MEETING: December 15, 2009 W Q V) AVE 51 ITEM TITLE: Adoption of a Resolution to Extend the Time for ^. s Completion of the On -Site Improvements for Tract Map No. 31852, FCQ'U.Oi�J�a. Polo Estates APPLICANT: Mr. Mark Rindlesbach, Rindlesbach Construction, Inc. .,.. 162, Rindlesbach Construction Profit Sharing Plan 2489 East Haven bane Holladay, Utah 84117. July 17, 2009 . Amy Yu Public Works Engineer City. of La Quetta La Quinta, California 922S Re: Tract Map 31852, Polo Estates Anticipated Construction Schedule Dear Ms. Yu As per the attached letter from CAger Homes I am requesting an extension for the SIA agreement to allow the cram owner to complete the improvements.. ATTACHMENT 3 deft GILGER HONES BUILUIN i A R=TTFq WORLD July 8, 2009 Amy Yu Public Works Engineer City of La Quints La Quinta, California 92253 Re: Tract Map 31852, Polo Estates Anticipated Construction Schedule Dear Ms. Yu It has come to my attention that you are In need of an update regarding our anticipated schedule to complete Tract Map 31852. Without going Into what most of us already know about the recent past financial difficylties we have all enjoyed, 1 can give you this. It is our intent to restart conshWlon of Off -Site and On -site Improvements for this Tract in the first quarter of 2010 and to be completed with all by the and of the fourth quarter of 2010. We will be forwarding a detailed schedule and sealing meetings with officials of City of La Quints as the actual start date approaches. IGndest Regards, IKrk Giiger . 12608 S..125 W., Suite C Draper. Utah 84020 Office: 801.572.5900 • Fax:9D1.572.6020 • wAwg11gerh0Mes.c0m W� 4 lwQw.,rw COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Approval of Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2009. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 10, 1994, the Securities and Exchange Commission adopted amendments to existing federal regulations (Rule 15c2-12) for bonds issued after July 3, 1995, requiring issuers of municipal securities (bond issues) to do the following annually for each bond issue: 1. Prepare official statements meeting the content requirement of Rule 15c2- 12. 2. File certain financial information and operating data with national and state repositories each year. 16J- 3. Prepare announcements of the significant events including payment defaults, defeasances and draws on a reserve fund as the events occur. Attachment 1 is the 2008-2009 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District - La Quinta, prepared in accordance with the three aforementioned requirements. Additionally, no announcement of significant events was necessary for Fiscal Year 2008-2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2009; or 2. Do not approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2009; or 3. Provide staff with alternative direction. Respectfully submitted, MM (A +JC'O� John M. Falconer, Finance Director Approved for submission by: Thomas G. Genovese, City Manager Attachment: 1. 2008-2009 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District 2 A 1 I AL;HIVItN 1 -1 CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) $Z 285, 000 LIMITED OBLIGATION IMPROVEMENT BONDS Riverside County, California Dated: June 21, 2000 CUSIP: 504193 2008/2009 ANNUAL CONTINUING DISCLOSURE INFORMATION STATEMENT DECEMBER 15, 2009 Also available at: WILLDAN Financial Service$ www.willdan.corm 167 LIST OF PARTICIPANTS CITY OF LA QUINTA www.la-quinta.org John Falconer Finance Director P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92247-1504 (760) 777-7150 DISCLOSURE CONSULTANT & DISSEMINATION AGENT Willdan Financial Services* Temecula, CA 92590 (951)587-3500 Report available for viewing (a www.wilidan.com UNDERWRITER Miller & Schroeder Financial, Inc. BOND COUNSEL Rutan & Tucker LLP Costa Mesa, California PAYING AGENT Brad Scarbrough U.S. Bank Trust, N.A. 633 West 5th Street, 24th Floor Los Angeles, California 90071 (213) 615-6047 In its role as Disclosure Consultant and Dissemination Agent, Willdan Financial Services has not passed upon the accuracy, completeness or fairness of the statements contained herein. al I. INTRODUCTION Pursuant to an Official Statement dated June 21, 2000, the City of La Quinta, ("City") issued $2,285,000 Assessment District No. 2000-1 (Phase VI Improvements) ("District'), Limited Obligation Improvement Bonds ('Bonds"). The Bonds were issued to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/Sagebrush/Saguaro Streets, which are located within the Assessment District. The City, which comprises approximately 35.05 square miles, is located in the Coachella Valley, twenty miles from Palm Springs and 127 miles from Los Angeles. The District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive Area is bounded by Dune Palms Road on the west, Jefferson Street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. The Bonds are limited obligation improvement bonds secured by unpaid assessments on the properties in the District. The Bonds are not a debt of the City, the State of California, or any of its political subdivisions and neither the City, the State of California, nor any of its political subdivisions is liable. The Bonds do not constitute indebtedness within the meaning of any constitutional or statutory debt limit or restriction. This Annual Continuing Disclosure Information Statement is being provided pursuant to a covenant made by the Agency for the benefit of the holders of the Bonds and includes the information specified in a Continuing Disclosure Certificate. For further information and a more complete description of the City and the Bonds, reference is made to the Official Statement. The information set forth herein has been furnished by the City and by sources, which are believed to be accurate and reliable but is not guaranteed as to accuracy or completeness. Statements contained in this Annual Continuing Disclosure Information Statement which involve estimates, forecasts, or other matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as representations of fact. Further, the information and expressions of opinion contained herein are subject to change without notice and the delivery of this Annual Continuing Disclosure Information Statement will not, under any circumstances, create any implication that there has been no change in the affairs of the City or any other parties described herein. Fiscal Year 2008/2009 City of La Quinta, Assessment District 2000-1 f 163 5 II. BOND INFORMATION A. PRINCIPAL OUTSTANDING Bond Issue As of September 30, 2009 Assessment District No. 2000-1 (Phase VI Improvements) $785,000 Limited Obligation Improvement Bonds On September 2, 2009, a $45,000 bond call was performed with prepayment funds.. B. FUND BALANCES Fund Name As of September 30, 2009 Redemption Fund $71,365 Reserve Fund $175,696 Reserve Requirement(" $165,230 (1) The Reserve Requirement was calculated based on the lesser of a) maximum annual debt service on the outstanding bonds b) 125 % of the average annual debt service on the bonds, or c) 10% of the original issue amount of the bonds as set forth in the Official Statement, Source: City of La Quints, as compiled by Willdan Financial Services. C. ADDITIONAL DEBT There is no additional debt authorized by the City and payable from or secured by assessments or special taxes with respect to property within the District. Fiscal Year 200812009 City of La Quinta, Assessment District 2000-1 [y M. OPERATING INFORMATION A. PARCEL INFORMATION BY ZONING 2009110 Assessed Value % Of Remaining Remaining Number Assessment Value Assessment of Parcels Land Structure Total Lien to Lien Lien Developed Commercial 29 $4,932,179 $20,644,660 $25,576,839 $74,025 345.52 8.12% Undeveloped Commercial 33 3,929,815 0 3,929,815 63,475 61.91 6.96% Subtotal Commercial 62 $8,861,994 $20,644,660 $29,506,654 $137,500 214.59 15.08% Developed Residential 352 $19,067,989 $58,417,638 $77,485,627 $665,692 116.40 73.02% Undeveloped Residential(') 59 4,731,778 16,236 4,748,014 108,520 43.75 11.90% Subtotal Residential 411 $23,799,767 $58,433,874 $82,233,641 $774,212 106.22 84.92% Grand Total 473 $32,661,761 $79,078,534 $111,740,295 $911,712 122.56 100.00% (1) Structure Value includes only miscellaneous structures. Development Status is based on County Land Use Codes and Structure Value. Source: Riverside County 2009/10 Secured Property Roll, as compiled by Willdan Financial Services. B. PARCEL INFORMATION BY DEVELOPMENT STATUS 2009110 Assessed Value % Of Remaining Remaining Number of Assessment Value Assessment Parcels Land Structure Total Lien to Lien Lien Developed Commercial 29 $4,932,179 $20,644,660 $25,576,839 $74,025 345.52 8,11% Developed Residential 352 19,067,989 58,417,638 77,485,627 665,692 116.40 73.02% Subtotal Developed 381 $24,000,168 $79,062,298 $103,062,466 $739,717 139.33 81.13% Undeveloped Commercial 33 $3,929,815 $0 $3,929,815 $63,475 61.91 6.97% Undeveloped Residential(') 59 4,731,778 16,236 4,748,014 108,520 43.75 11,90% Subtotal Undeveloped 92 $8,661,593 $16,236 $8,677,829 $171,995 50.45 18.87% Grand Total 473 $32,661,761 $79,078,534 $111,740,295 $911,712 122.56 100.00% (1) Structure Value includes only miscellaneous structures. Development Status is based on County Land Use Codes and Structure Value. Source: Riverside County 2009/10 Secured Property Roll, as compiled by Willdan Financial Services. Fiscal Year 200812009 City of La Quinta, Assessment District 2000-1 III 7 The reduction in total assessed value in AD 2000-1 is due to the annual review of the Riverside County Assessor to reflect taxable values accurately in consideration of recent market declines. Under Proposition 13, real property is reappraised only when a change -in - ownership occurs, or when new construction takes place. Generally, a change in ownership is a sale or transfer of property, while new construction is any improvement to property which is not considered normal maintenance. Except for these two instances, property assessments cannot be increased by more than 2% annually. Revenue and Taxation Code Section 51 requires the assessor to enroll the lower of either the property's Factored -Base -Year Value (established under Proposition 13) or its market value as of the lien date (January 1). This reduction is temporary and the assessor is required to review the market value of the property each lien date after the reduction until such time as the Factored - Base -Year Value is less than or equal to the market value. When the Factored -Base -Year Value is again enrolled, the property is no longer subject to the annual review, and will receive indexing not to exceed 2% per year. C. DELINQUENCY SUMMARY There are currently no delinquent property owners responsible for 5% or more of the total assessment levied. Fiscal Number Number of Annual Assessment Percent Year Of Parcels Assessment Delinquent nl Delinquent Parcels Delinquent 2000/01 468 1 $243,338 $512 0.21 % 2001/02 464 1 $245,572 $561 0.23% 2002/03 463 1 $242,218 $515 0,21% 2003/04 464 1 $244,913 $551 0.23% 2004/05 452 2 $237,035 $792 0.33% 2005/06 451 2 $235,550 $1,107 0.47% 2006107 471 5 $205,139 $2,070 1.01% 2007108 469 13 $202,766 $5,044 2.49% 2008/09 473 49 $209,171 $17,466 8.35% (1) Amount delinquent as of September 11, 2009 Source: Riverside County, as compiled by Willdan Financial Services Fiscal Year 200a12009 City of La Quinta, Assessment District 2000-1 E D. VALUE TO DEBT The following table sets forth by Value to Debt, the Remaining Assessment Lien and Assessed Value for parcels within the District. % Of Number 2009/10 2009/10 2009110 Remaining Value to Lien of Assessed Assessed Total Assessed Remaining Assessment Category Parcels Land Value Structure Value Value Assessment Lien Lien Greater than 500 29 4,912,160 23,732,078 28,644,238 24,877 2.73% 200 to 499.99 20 4,380,858 8,087,945 12,468,803 42,570 4.67% 100 to 199.99 172 14,598,153 29,013,231 43,611,384 331,126 36.32% 50 to 99.99 139 5,614,810 15,384,427 20,999,237 277,070 30.39% 20to49.99 67 2,377,312 2,754,717 5,132,029 141,093 15.48% 5to19.99 28 695,298 104,672 799,970 61,962 6.80% Less than 5 18 83,170 1,464 84,634 33,014 3 61% Grand Total 473 $32,661,761 $79,078,534 $111,740 295 $911 712 100 00% Source: Riverside County 2009/10 Secured Prcperty Roll, as compiled by Willdan Financial Services. 173 Fiscal Year 200812009 City of La Quinta, Assessment District 2000-1 5 P. `ed� 4 4v4u�&rw COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Approval of Annual District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year End June 30, 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year End June 30, 2009 (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In an effort to monitor the condition of the City-wide Assessment Districts and to report to the investment community the status of the City Assessment Districts, district information sheets have been prepared. Based upon staff review of the Disclosure Information Sheets, and based upon discussions with Willdan Financial Services who prepared the documents, adequate reserves are available to meet debt service payments for the Fiscal Year 2008- 2009. 1.7 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District No.97-1 for Fiscal Year End June 30, 2009; or 2. Do not approve, receive and file the District Information Sheets for the City of La Quinta Assessment District No. 97-1 for Fiscal Year End June 30, 2009; or 1. Provide staff with alternative direction. Respectfully submitted, A4/�; 4f-K� ohn M. Falconer, Finance Director Approved for submission by: A,4110- - Thomas P. Genovese, City Manager Attachment: 1. 2008-2009 District Information Sheets for the City of La Quinta Assessment District No.97-1 17 ;) 2 A l l AL r1IVICIV I I District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA BOND STATUS as of 09/02/2009 Outstanding Principal: $380,000.00 Annual Debt Service For Amount 2009 $ 52,840.00 2010 $56,280.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2008/09 2008/09 $65,003.30 $2,854.50 4,39% 6 Highest Annual Assessment Per Parcel: $692.94 Lowest Annual Assessment Per Parcel: $324.88 Average Annual Assessment Per Parcel: $611.22 BOND SUMMARY INFORMATION Original Issue Amount (Par) $745,000.00 Final Maturity: September 2, 2018 Date of Issuance December 3, 1998 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 60.53 Total Assessed Improvements $19,886,873.00 Total Assessed Value $26,169,830.00 Total Assessed Land $6,282,957.00 Type of Improvements The project consists of the installation and construction of roadway, off -site sewer, water and landscape and irrigation improvements. ACTIVE PARCEL INFORMATION as of 07/02/09 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 105 100.00% 100.00% Unimproved Parcels 0 0.00 % 0.00% Total 105 100.00% 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund September 30, 2009 $41,685.70 Held By City Reserve Fund September 30, 2009 $57,577.84 Held By City Approx. Reserve Requirement: $57,360.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by Willdan Financial Services from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: Willdan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 wwwmilldan.com Page 1 of 2 1716 3 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 09/11/09 Total Delinquencies Delinquency Rate Delinquent No. Tax Year Assessment (current) (current) of Parcels 2008/09 $65,003.30 $2,854.50 4.39% 6 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 07/02/09 Number %of Total Annual Assessment %of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2008/09 Assessment Value There are currently no parcel owners representing 5% or more of the total assessment. Aggregate information for each owner listed Is based on owner name as shown on the applicable secured roll maintained by the county. Accordingly. variations in the owner name shown on the secured roll may Cause multiple listings for the same owner or for the data to be incomplete. CALL PROVISIONS Optional Redemption: 30 day notice is required to Bondowners. No redemption premium for remaining years. PRINCIPLE UNDERWRITER Miller and Schroeder Financial, Inc. Solana Beach. CA VALUE TO LIEN RATIO: as of 07/02/09 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien I'I Principal 100:1 and Above 5 5.00% $1,624,675.00 $11,667.23 3,00% 75:1 to 99.99:1 10 10.00% $3,227,380.00 $36,492.22 9.00% 50:1 to 74.99:1 67 64.00% $17,115,742.00 $257,091.73 65.00% 25:1 to 49.99:1 23 22.00% $4,202,033.00 $88,255.37 22.00% Less than 25:1 0 0,00% $0.00 $0.00 0.00% Total 105 100.00% $26,169,830.00 $393,506.55 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2009/10 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by Willdan Financial Services from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: Willdan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.willdan.com Page 2 of 2 177 4 ZP Qumrcu F,y OF'I'NY'O COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with Dudek to Prepare the Plans, Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for the Village Area Sidewalk Infill Improvements, Project Number 2009- 19 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 00 Approve a Professional Services Agreement (PSA) with Dudek, in the amount of $21,225, to prepare the plans, specifications and engineer's estimate (PS&E) for the Village Area Sidewalk Infill Improvements, Project Number 2009-19. FISCAL IMPLICATIONS: The following is the approved funding and funding sources: RDA Project Area Number 1 $87,300 SB 821 Sidewalk and Bicycle Account $87,300 Total Funding Available: $174,600 The following is the anticipated project budget: Design: $21,225 Inspection/Testing/Survey: $12,650 Construction: $129,600 Contingency: $1 1,125 Total: $174,600 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with Redevelopment Agency (RDA) project area funding and partially funded with State funding. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements include the construction of several missing sidewalks and/or handicap ramps within the Village Area. The missing segments total approximately 3,300 linear feet. A project vicinity map is attached for the City Council's consideration as Attachment 1. On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Sidewalk - Various Locations and Handicap Ramps - Various Locations were included within the adopted CIP and scheduled for funding during Fiscal Year 2009- 2010. In addition, the City Council, in a separate action, approved an SB 821 program grant application in the amount of $87,300 for the design and construction of sidewalks within the Village Area. At that time, the City Council was advised that the total cost for the proposed village sidewalk infill project was estimated to be $174,600. The City's grant application committed a 50% match (or $ 87,300), which would be funded by the RDA through the Sidewalks - Various Locations CIP Account #401-1651-551.45-01 and Handicap Ramps at Various Locations #401-1652-551.45-01. The City received formal notification from the Riverside County Transportation Commission (RCTC) that the City's grant request was approved for funding in the amount of $87,300 on July 14, 2009. The provisions of the grant require that funding to be claimed prior to June 30, 2010. On October 6, 2009, the City Council appropriated SB 821 funding, in the amount of $87,300, and authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the Village Area Sidewalk Infill improvements, Project Number 2009-19. 179 On November 9, 2009, the City received nineteen (19) proposals for the design of the Village Area Sidewalk Infill Improvements. Following its review, the consultant selection committee unanimously recommends Dudek be awarded a PSA to prepare the PS&E for the Village Area Sidewalk Infill improvements, Project Number 2009- 19. Contingent upon City Council approval of the PSA (Attachment 2) on December 15, 2009, the following is the project schedule: City Council Approves Design PSA Project Design (3 months) Construction (4 months) Project Close-out FINDINGS AND ALTERNATIVES: December 15, 2009 January 2010 — April 2010 May 2010 — August 2010 September 2010 The alternatives available to the City Council include: 1. Approve a PSA with Dudek, in the amount of $21,225, to prepare the PS&E for the Village Area Sidewalk Infill Improvements, Project Number 2009-19; or 2. Do not approve a PSA with Dudek, in the amount of $21,225, to prepare the PS&E for the Village Area Sidewalk Infill Improvements, Project Number 2009-19; or 3. Provide staff with alternative direction. Respectfully submitted, othy R onas n, P.E. Public Works Dir for/City Engineer 180 Approved for submission by: rllwova'a Z. Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Professional Services Agreement 181 iP'Yli "fry; A q �i ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Dudek ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Village Area Sidewalk Infill Improvements, Project No. 2009-19, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and Id) 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). 18J Last revised 630-09 - 1 - 1 .5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Twenty -One Thousand Two Hundred Twenty -Five Dollars ($21,225) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time Last revised 6-30-09 - 3- 194 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 the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Last revised 6-30-09 - 3 - 185 3.4 Term. The term of this agreement shall commence on December 16, 2009 and terminate on August 31, 2010 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term)• Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WO 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. Frank J. Dudek, P.E., President b. Charles H. Greeley, P.E., Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E. Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Last revised 6-30-09 - 4 - 18 u.. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE AND INDEMNIFICATION. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Last revised 6-30-09 - 5 -�,,, 187 Workers' Compensation iper statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. Last revised 6-30-09 - 6 - 188 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from Last revised 6-30-09 - 7 - .. 189 others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 - 8 - 190 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Last revised 6-30-09 - 9 191 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. v 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. S. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements Last revised 6-30-09 - to- 1 g? with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Last revised 6-30-09 - 1 - 19 ;; 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books Last revised 6-30-09 - 1 Z - - and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Last revised 6-30-09 - 13 - _ nn 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Last revised 6-30-09 - 1 4 - 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. Last revised 6-30-09 - 15 - 197 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: DUDEK Attention: Frank J. Dudek, P.E. President 605 Third Street Encinitas, CA 92024 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. Last revised 6-30-09 - 16 - 198 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Dudek in Name: FRANK J. DUDEK, P.E. Title: President Date: Last revised 6-30-09 - 17 - Date 199 Exhibit A Scope of Services The Consultant's Scope of Work, dated December 16, 2009, is attached and made a part herewith. Last revised 6-30-09 18 'a„ 2 ; Exhibit B Schedule of Compensation Payment shall be billed on a percentage of completion, not to exceed, 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 Twenty -One Thousand Two Hundred Twenty -Five Dollars ($21,225) except as specified in Section 1.6 - Additional Services of the Agreement. The following represents a summary of the contract fee: Reimbursable Expenses are considered incidental and included within the not to exceed fee. Last revised 6-30-09 19 • 2 0.i Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Last revised 6-30-09 20 Exhibit D Special Requirements None. 2 J� Last revised 6-30-09 21 T4hf 4 4 a" COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Authorization to Reject All Bids and Re - Advertise for Bid 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: Reject the three bids received on November 12, 2009 to construct the Highway 1 1 1 Traffic Signal Equipment Replacement and Interconnect Project, Project Number 2008- 16 and authorize staff to re -advertise the project for bid. FISCAL IMPLICATIONS: The following is the project's proposed funding and funding sources: CMAQ Grant Funds General Fund (Required Local Match) Total Funding Available: The following is the anticipated project budget: Inspection/Testing/Survey: Construction (Equipment Replacement/Interconnect): Contingency: Total: $177,000 $62,500 $239,500 $19,500 $ 200, 000 $ 20,000 $ 239, 500 CHARTER CITY IMPLICATIONS: The project is partially funded with Federal Congestion Mitigation and Air Quality (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. 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 1 1 1. 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, testing, survey, and administration) are not eligible for reimbursement and will increase the City;.s cost for the project 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 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. " 205 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. On November 3, 2009, the City Council authorized 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. On November 12, 2009, three (3) sealed bids were received for the construction of this project. A detailed bid comparison summary is provided for the City Council's review as Attachment 1. The lowest responsive bidder submitted a bid in the amount of $342,400. The construction budget is $215,000. The low bid is $127,400 higher than the construction budget will allow without an additional appropriation. Considering the current economic climate which has seen construction bids come in below budget across the valley, several additional equipment items were included in the bid documents that were not included within the original grant application. Unfortunately, the City did not receive the expected cost savings. As such, staff is recommending the bids received be rejected and that the project be re -advertised with only the equipment items originally identified in the CMAQ grant application. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1 . Reject the three bids received on November 12, 2009 to construct the Highway 111 Traffic Signal Equipment Replacement and Interconnect Project, Project Number 2008-16 and authorize staff to re -advertise the project for bid; or 2. Do not reject the three bids received on November 12, 2009 to construct the Highway 111 Traffic Signal Equipment Replacement and Interconnect Project, Project Number 2008-16 and do not authorize staff to re -advertise the project for bid; or 3. Provide staff with alternative direction. ., 206 Respectfully submitted, othy R. o asso Public Works Direct /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary ATTACHMENT 0 0 0 0 0 0 0 0 0 0 0 o e k C � W O" G F 00 — �n FA vi O r r r t1 ro .rn r M m r � j. ✓i w F;s in sv v3 F» F» ca (n 0 O 0 O 0 0 O 0 O o O O o O 0 o O O O e Vf 69 � 69 69 (n Yf fA (A � 69 hA M m iC to ❑ y o O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O U i.y O V M N N N N N N N N O y O O OU �^.V U' V' �p V' O r N V'� EA 4' M /1 19 O O O O O O O O O O O O O O C O O O O O O O O O O O O � � � � ti L k V�i 6M9 V3 Yi Yf hA 69 69 M `A V si a d u O O O O o O O O O O O O Yf d M 7 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 o 0 c 0 o 0 0 0 C o 0 0 0 0 0 0 0 0 0 0 o c G'� cc o0 00 0 0 0 0 0 0 0 0 0 0 cn w sv t» in w v, v3 v3 F» i K� m o 0 0 0 0 0 0 0 0 0 o c ci o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y 0 0 oIq ho F Z dd W z F Ci U U U .w- Z o �'= U � UoU U I inUc U U z c A c o` .0 o f .v o> E a i o F o �v o tiv"i c yin ° y `.� E o- v o ti�U — 3 t 7 gc d3 c aS _mod — dj eb c — U m oo U— U aci — U U U U c '� N C 3 E N E 6 N E .E 6 N E E N E_ N E_ N E E N E_ N E°- �' % � :n O h VI N N 0. y Vi 0. U) L` Vi � v; 0. '✓� 0. r/� `o a a '0 a s a o f F d N Pva a W o� k ti U .E L U .E L U � a m O r 8 T-1d 1 r4#4" COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Adoption of a Resolution Supporting Extended Producer Responsibility for Disposal of Waste RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: I8 STUDY SESSION: PUBLIC HEARING: Adopt a resolution supporting Extended Producer Responsibility for disposal of waste. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The California Integrated Waste Management Board wants to promote more participation between retailers, manufacturers and local governments in dealing with waste issues. Extended Producer Responsibility (EPR) means that whoever produces, designs, sells or uses a product takes responsibility for minimizing the product's environmental impact throughout all stages of the product's life cycle. EPR is directed at reducing the waste going to the landfill. The goal of this program is to shift California's product waste management system from one focused on government funded and ratepayer financed waste diversion to one that relies on producer responsibility in order to reduce public costs and drive improvements in product design. It would mean that producers of products and packaging must take back spent products and manage them through reuse, recycling or in energy production. Many cities in California are experiencing difficulty in dealing with the growing list of toxic products being banned from landfills; i.e., household hazardous waste, sharps, batteries, and fluorescent lamps. These products are costly to recycle and local governments do not have a funding mechanism to deal with this product waste. EPR would involve new legislation and new partnerships with manufacturers and retailers to both re -design products to reduce their toxicity and take back difficult -to -recycle products. In this way, EPR shifts responsibility for waste from government to private industry, and obliges producers, importers and/or sellers to internalize waste management costs in their product prices On September 14th, 2009, the Coachella Valley Association of Governments (CVAG), Solid Waste and Recycling Technical Working Group heard a presentation by Heidi Sanborn representing the California Product Stewardship Council on Extended Producer Responsibility. Ms. Sanborn provided an update and discussed getting cities to participate in adopting the resolution and pledge form (Attachment 1). CVAG and the cities of Indian Wells, Palm Desert, and Palm Springs have adopted this resolution. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution supporting Extended Producer Responsibility for disposal of waste; or 2. Do not adopt a resolution supporting Extended Producer Responsibility for disposal of waste; 3. Provide staff with alternative direction. Respectfully submitted, A '64za Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Pledge of Support Form 210 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA SUPPORTING EXTENDED PRODUCER RESPONSIBILITY FOR DISPOSAL OF WASTE WHEREAS, approximately 40,000 tons of discarded materials and products are currently sent to disposal from our community on an annual basis at a cost of $ 38.84 per ton; and WHEREAS, on February 8, 2006, California's Universal Waste Rule (CCR, Title 22, Division 4.5, Chapter 23) became effective; and WHEREAS, the Universal Waste Rule bans landfill disposal of certain products that are deemed hazardous, including household batteries, fluorescent bulbs and tubes, thermostats and other items that contain mercury, as well as electronic devices such as video cassette recorders, microwave ovens, cellular phones, cordless phones, printers, and radios; and WHEREAS, it is anticipated that the list of Universal and other waste products determined to be hazardous and therefore banned from landfills will continue to grow as demonstrated by the ban of treated wood effective January 2007 and sharps in September 2008; and WHEREAS, state policies currently make local governments responsible for achieving waste diversion goals and enforcing product disposal bans, both of which are unfunded mandates; and WHEREAS, Universal Waste management costs are currently paid by taxpayers and rate payers in the Coachella Valley and are expected to increase substantially in the short term unless policy changes are made; and WHEREAS, local governments have no input on the design of the products, make no profit from the products, and do not have the resources to adequately address the rising volume of discarded products; and WHEREAS, costs paid by local governments to manage products are in effect subsidies to the producers of hazardous products and products designed for disposal; and 211 Resolution No. 2009- Extended Producer Responsibility Adopted: December 15, 2009 Page 2 WHEREAS, the City of La Quinta supports statewide efforts to hold producers responsible for Universal Waste products and other product waste management costs; and WHEREAS, there are significant environmental and human health impacts associated with improper management of Universal Waste products; and WHEREAS, Extended Producer Responsibility (EPR) is a policy approach in which producers assume responsibility for management of waste products and which has been shown to be effective; and WHEREAS, when producers are responsible for ensuring their products are reused or recycled responsibly, and when health and environmental costs are included in the product price, there is an incentive to design products that are more durable, easier to repair and recycle, and less toxic; and WHEREAS, EPR framework legislation establishes transparent and fair principles and procedures for applying EPR to categories of products for which improved design and management infrastructure is in the public interest; and WHEREAS, the California Product Stewardship Council (CPSC) is an organization of California local governments working to speak with one voice in promoting transparent and fair EPR systems in California; and WHEREAS, the City of La Quinta wishes to incorporate EPR policies into the agency's product procurement practices to reduce costs and protect the environment; and WHEREAS, the California Integrated Waste Management Board has adopted Strategic Directives to begin developing statewide EPR programs. NOW, THEREFORE BE IT RESOLVED that the City of La Quinta urges the California Integrated Waste Management Board to continue taking timely action to implement the Strategic Directive #5 on Producer Responsibility to manage Universal and other wastes; and BE IT FURTHER RESOLVED, that the City of La Quinta urges the California Legislature to enact framework EPR legislation that shifts Universal and other waste management costs from local government to the producers of the product, and which will give producers the incentive to redesign products to make them less toxic and easier to reuse and recycle; and 2 21c Resolution No. 2009- Extended Producer Responsibility Adopted: December 15, 2009 Page 3 BE IT FURTHER RESOLVED, that the City Manager of the City of La Quinta be authorized to send letters to the League of California Cities, the California State Association of Counties, and the California Integrated Waste Management Board, and the State legislature and to use other advocacy methods to urge support for EPR framework legislation; and BE IT FURTHER RESOLVED, that the City Manager of the City of La Quinta be authorized to sign the California Product Stewardship Council (CPSC) Pledge of Support and participate with CPSC to educate and advocate for EPR policies and programs; and BE IT FURTHER RESOLVED, that the City of La Quinta encourages all manufacturers to share in the responsibility for eliminating waste through minimizing excess packaging, designing products for durability, reusability and the ability to be recycled; using recycled materials in the manufacture of new products; and providing financial support for collection, processing, recycling, or disposal of used materials. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of , 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 . 21J 3 Resolution No. 2009- Extended Producer Responsibility Adopted: December 15, 2009 Page 4 City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 214 Attachment 1 California Product Stewardship Council PO Box 216381, Sacramento CA 95821 w .caproductstewardship.org PLEDGE OF SUPPORT The California Product Stewardship Council (CPSC) is a coalition of local government, their associations and organizations related to solid waste, recycling, resource conservation, environmental protection, water quality, and other cross -media issues (Associates). Together with non -government organizations (NGOs) individuals, and businesses (Partners) across California they form a network supporting product stewardship and extended producer responsibility (EPR). CPSC is a federally recognized 501(c)(3) non-profit public benefit California corporation that exists by means of your monetary and in -kind contributions in addition to private and public grant funding. CPSC MISSION: To shift California's product waste management system from one focused on government funded and ratepayer financed waste diversion to one that relies on producer responsibility in order to reduce public costs and drive improvements in product design that promote environmental sustainability. CPSC FUNCTIONS 1. Build relationships among local government and other stakeholders to increase capacity and knowledge in order to bring about producer financed and managed systems for life cycle and end of life management of their products. 2. Develop practical local and statewide EPR policy and educational tools such as model ordinances, legislation, newsletters, articles, policy briefings, PowerPoint presentations, etc. The undersigned supports the mission and functions of the California Product Stewardship Council and will advocate in support of product stewardship and EPR. Affiliation (check one): ❑ Associate - Local Government (City, County, Association) ❑ Partner - Individual, Business, NGO, Organization Signature Date Name (print) Title Organization/Jurisdiction (city, county, regional agency) Department/Agency Mailing Address (street address or POB, city, zip) Telephone (with area code) Email j 21,; a fM OF'CNr'v COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for the Dune Palms Road Improvements, Project Number 2009-04 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 69 STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Dune Palms Road Improvements, Project Number 2009-04. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: RDA Project Area Number 2 Low/Mod Funds $1,812,199 Total Funding Available: The following is the anticipated project budget: Administration: Design: Inspection/Testing/Survey: Construction: Professional: Contingency: Total: $1,812,199 $64,837 $129,674 $126,432 $1,296,743 $64,837 $129,676 $1,812,199 As illustrated, adequate funding is available to support staff's recommendation. 216 CHARTER CITY IMPLICATIONS: The project is 100% funded with Redevelopment Agency (RDA) project area funding. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements include the construction of a new, second northbound lane on the east side of Dune Palms Road between Westward Ho Drive and the Whitewater Channel. The proposed improvements will construct Dune Palms Road to its General Plan secondary arterial configuration and will include a new northbound travel lane, curb, gutter and a 6-foot wide, curb -adjacent sidewalk. Completion of the project will require relocating existing overhead power poles. The pole relocation will be completed by the Imperial Irrigation District (IID). On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-/2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code section 33445(a). The Dune Palms Road improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. The RFP to obtain professional engineering services to prepare the PS&E for the Dune Palms Road improvements has been prepared and is ready for distribution to qualified consultants. The RFP is provided for the City Council's consideration as Attachment 1. The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed as the estimated cost may exceed $50,000. The City Manager intends to appoint a consultant selection committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Nick Nickerson, Project Manager. If the City Council wishes to appoint a different committee, the committee would be subject to the Brown Act unless the committee consists solely of two council members. Contingent upon City Council authorization to distribute the RFP on December 15, 2009, the following is how the project is expected to proceed: ,,.. 217 Issue RFP Proposal Due Date Recommendations to City Council Project Design (8 months) FINDINGS AND ALTERNATIVES: December 15, 2009 January 26, 2010 March 2, 2010 April 2010 — November 2010 The alternatives available to the City Council include: Authorize staff to distribute a RFP to obtain professional engineering services to prepare the PS&E for the Dune Palms Road improvements, Project 2009- 04; or 2. Do not authorize staff to distribute a RFP to obtain professional engineering services to prepare the PS&E for the Dune Palms Road improvements, Project 2009-04; or 3. Provide staff with alternative direction. Respectfully submitted, 2 Jothy R. on s on, P.E. Public W s Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) 218 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES DUNE PALMS ROAD IMPROVEMENTS WESTWARD HO DRIVE TO WHITEWATER CHANNEL PROJECT NO. 2009-04 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for Project 2009-04, Dune Palms Road Improvements Westward Ho Drive to Whitewater Channel. Project Description: The purpose of the project is to prepare PS&E for improvements that will widen Dune Palms Road to its General Plan Secondary Arterial configuration. The improvements will include a new northbound travel lane, curb, gutter, a 6-foot wide, curb -adjacent sidewalk, and signing and striping. Driveways and/or access to private roadways will require modification to accommodate the widened roadway. Several units and/or on site improvements within the Dune Palms Mobile Estates mobile home park are located within the public right of way and will require relocation. Completion of the project will require relocation of the existing overhead power poles. The pole relocation will be completed by the Imperial Irrigation District (IID). The City has determined that adequate right of way exists to construct the improvements; however, some dedications will be required. Exhibit 1 shows the adjacent properties and the location of the proposed improvements. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Prepare the appropriate environmental document to comply with the requirements of the California Environmental Quality Act (CEQA); • Perform the appropriate engineering related field survey, verify/establish right-of-way, and prepare base maps. • The west half of Dune Palms Road was constructed in compliance with the City's Secondary Arterial configuration as an offsite improvement during construction of La Quinta High School. The School District was conditioned to dedicate an additional fourteen feet (14') of right of way for the improvements, but the dedication was not completed. The Consultant will prepare a plat and legal description for the Desert Sands Unified School District to dedicate the 14' of right of way to the City. "•• Z 1 • The City of La Quinta Redevelopment Agency (RDA) owns six parcels at the north end of the project. The Consultant will prepare plats and legals for these parcels dedicating the right of way necessary to accommodate the construction of the new travel lane, sidewalk, and landscape set back. • Based on verification of the right of way, the Consultant will provide the City with a survey accurate right of way map for use by the City to coordinate the relocation of encroaching units and/or improvements within Dune Palms Mobile Estates; Perform utility coordination and obtain clearances. In addition to typical utility identification, the Consultant will be required to assist the City with coordinating the relocation of the electric power poles by IID, and to provide its utility coordination documentation to the City at the conclusion of design; • Prepare project plans, specifications and engineer's estimates of probable construction costs for the proposed improvements: o Roadway improvement plans shall be prepared at 1"=40' scale. Profiles shall be at 1"=4' scale. Driveway and access improvements shall be at a scale appropriate for the required work. o Project Specifications and Bid Documents will likely include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, geotechnical report, and any specification detail sheets specific to the project. • Consultant coordination will include an appropriate number of meetings with City staff, adjacent property owners and possibly IID. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor request for clarification or information during the bid process. • Consultant will assist the City during the bid and construction phases by responding to Requests for Information (RFI) and provide clarification on its plans as necessary. Project Development Process 1 . Pre -Design Meeting The pre -design meeting is an initial meeting between the consultant and City staff to clarify project design objectives. Z 2Lo 2. Agency Approval Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should anticipate the following plan check submittals: (1) 1st Review — 35% Concept Review (topo, utilities, ROW) (2) 2nd Review - 85-90% Check Plans & Specs 13) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Staff approved PS&E will be submitted to the City Council for final approval. C. All approved plans will be provided to the City on compact disk in AutoCAD 2008 or higher format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide technical support during the bidding and award process. 4. Construction Phase The consultant will be expected to provide technical support during the construction phase. This work objective will include the review and response to Requests for Information (RFI) and/or contractor questions. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before Tuesday, January 26, 2010 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: 221 3 Bryan McKinney, P.E., Principal Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (11 A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub - consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. 4 2 E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting March 3, 2010 as the start date. The City Council meets the 1" and V Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) — submit 2 copies The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each defined task and/or sub -task. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted' within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. 5 L^J CITY OF LA QUINTA COST PROPOSAL SHEET PROFESSIONAL ENGINEERING AND DESIGN SERVICES DUNE PALMS ROAD IMPROVEMENTS WESTWARD HO DRIVE TO WHITEWATER CHANNEL PROJECT NO. 2009-04 The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for Project No. 2009-04, Dune Palms Road Improvements, Westward Ho Drive to Whitewater Channel and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub - tasks defined in our proposal. Prime Consultant Date Signed 6 224 .� Fri, o o OFT COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Authorization of Overnight Travel for One Member of the City Council to Attend the International Council of Shopping Centers Spring Conference known as RECon in Las Vegas, Nevada on May 23-25, 2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -C9--D STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for one member of the City Council to attend the International Council of Shopping Centers' Spring Conference known as RECon in Las Vegas, Nevada being held May 23 — 25, 2010. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 425 Ground Transportation $ 275 Hotel (3 nights x $200) $ 600 Meals (3 days maximum X $75) $ 225 Total $1,525 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual International Council of Shopping Centers' Spring Conference, known as RECon, provides economic development marketing, training, information sharing, and professional development opportunities. A brief description of the program is attached for the Council's review (Attachment 1). Mayor Adolph has expressed an interest in attending. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for one member of the City Council to attend the International Council of Shopping Centers' Spring Conference, known as RECon, in Las Vegas, Nevada on May 23-25, 2010; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Ut,, - & j I - Wanda Wise -Latta, Executive Assistant Approved for submission by: /.�� Thomas P. Genovese, City Manager Attachment: 1. ICSC - RECon Spring Conference 2010 Registration & Program ATTACHMENT 1 r i I r, y- LM-Glance MAY 23`„ i. -1:30 pm, al Sessions t 5:00 pm Trade Exposition 5:00 -pm all and Trade Exposition f, MAY24 -5:00pm. Trade Exposition - 4:00 pml al Session's . f, MAY 25, - 5:00 pm Trade Exposition - 4:00 pm al Sessions of Shopping Centers RECon: The World's Largest Gathering of Retail Real Estate Professionals For the past half -century, RECon has attracted a world- wide audience of retail real estate professionals annually to take part in the industry's largest convention. In a class all its own,, RECon sets the stage year after year providing the opportunity to make deals, form successful business partnerships and grow professionally. Change is on the Horizon The shopping center industry has remained a powerful force in the global economy. In 2009, it is projected that shopping center sales will exceed $2 trillion dollars. What's more,12.5 million people are employed in this industry - and that's just in the United States. Retail real estate properties are cornerstones in the communities they serve providing jobs, generating revenues and help- ing to strengthen the economy. True to form, shopping center leaders have responded to the challenge of today's economic climate by evaluating their businesses with an eye toward the future. RECon 2010: Poised for Progress reflects this forward -thinking perspective. Relevant and innovative, the convention program is designed to prepare you to meet the demands of our industry today and position yourself for progress as we enter a new and exciting era. RECon: Anchoring the Industry in a Shifting Economy Maximizing your organization's growth potential or moving forward on any career path in our industry now requires a greater degree of sophistication and a keen understand- ing of where we are, and where we are headed. Join us at RECon and find out how to position yourself for success. LEARN Educational Sessions & Training Workshops Attend RECon and gather the knowledge and resources you'll need to navigate through the economic recovery. Gain insight into compelling trends which will allow you to reformulate your business plan to ensure stability and growth. Educational sessions and workshops, led by some of the world's most renowned business leaders, will teach and inspire you to capitalize on current market conditions, gain an edge in a highly competitive environment and point your business toward the future. The program includes informative sessions on a wide range of timely topics such as: capital markets, retail trends, public/ private partnerships, world economy, optimizing co -tenancy, distressed properties and solutions, revitalizing under- performing properties, alternative uses of space, industry research, consumer trends, career development and much more! PROMOTE Promotional Opportunities RECon is the only convention in the world where tens of thousands of professionals in the retail real estate industry meet under one roof for three energizing days. The Leasing Mall, Trade Expo, Public Sector Showcase and Green Zone offer unique opportunities for professionals in every facet of the business to spotlight a project, retail concept, product or service before an international audience of decision makers. Where else can you reach out to that many prospects at once and achieve the highest return on your investment? Promote your business at RECon and retain your stake in a highly com- petitive market. NETWORK Exhibits, Workshops & Social Events Year after year, retail real estate professionals have closed deals and formed lasting business partnerships at RECon. Make and renew important business contacts at the Leasing Mall, a key exhibition featuring more than 1,000 of the world's leading developers, retailers, lenders and brokers. Mingle with public officials at the Public Sector Showcase and visit the Trade Expo and Green Zone to discover exciting new products and services. Free Online Matchmaking NetworkNow! is a new free online matchmaking tool that automatically matches and selects the best possible connec- tions for you based on the information you provide. It allows you to schedule meetings before, during and after the show, search for products and services, create a personalized, print- able show floor plan and more. TRANSITION The Reconnect Pavilion Launched at RECon 2009, the Reconnect Pavilion will once again feature a diverse blend of services and support to those considering — or in the process of — career transition. Consult with industry recruiters, job coaches and mentors, and learn about professional enrichment opportunities to hone new skills, conduct successful job searches, ease the transition into a new career or launch a business venture. I attend RECon every year and it is by far the most efficient and economical way to meet with all the key industry players and learn what projects and programs are in the pipeline in the next 12-24 months. Daniel Hurwitz LCSC Trustee President & ChiefOpernting Officer Developers Diversified Realty 230 RECon: A World of opportunity roc 6 7 n° } M y { ( p4 S iM�nHi Ge �.�, t31t irY,rw � Wda tip h" `B� Leasing Mall This extraordinary deal -making oppor- tunity features 1,000+ of the world's leading developers, retailers, brokers and financial institutions who come together once a year to meet, greet and conduct business. Encompassing over 1.5 million square feet (140,000 square meters) of exhibit space, it is estimated that over 25% of the industry's transactions occur over this three day event. Trade Exposition Discover the industry's latest and most innovative products and services at the world's largest retail real estate trade expo- sition. A one -stop shopping opportunity, the Trade Exposition features over 500 exhibit stands. Green Zone State of the art exhibit stands are on display showcasing products and services related to energy efficiency, sustainability and environmentally - friendly design. Design Trends The Design Trends Exhibit provides a visual showcase for shopping center own- ers, developers, archi- tects and designers to display their cutting edge concepts. Innovative and highly profiled designs are featured in high traffic areas throughout the convention center. Public Sector Showcase The Public Sector Showcase provides local and regional economic develop- ment agencies an opportunity to pro- mote themselves in a gallery type setting. From downtowns to market squares, learn how cities have trans- formed by creating new and exciting retail concepts. RECon is an opportunity like no other and is a must -attend event if you are trying to create any type of retail real estate development in your community. In just three days you have the ability to meet and discuss your economic development opportunities with leading shopping center developers, owners, brokers and retailers who. may not have been aware ofyour community or the quality projects being undertaken. Jane McVey Director, Economic & Community Development, City of Oceanside, CA f A tJ- i A Low -Cost Exhibiting Options New opportunities to exhibit at RECon For more information on make it possible to present your com- -exhibiting as well as pany and products and services without advertising and sponsorship, breaking the bank. contact: o Cost for exhibit space rolled back Leasing Mall: to 2009 rates. Sally Stephenson o Significant fee reductions for drayage (U.S., Europe, Asia, India) (freight handling) and electricity at Tel: +1 847 835 1617 the Las Vegas Convention Center Email: sstephenson@icsc.org have been negotiated by ICSC and Suzanne Tanguay those savings are being passed on (U.S., Canada, Caribbean, to you. Latin America, Africa, a Turnkey exhibit options have Middle East) expanded to more than 30 differ- Tel: +1 646 728 3475 ent semi -custom options, including Email: stanguay@icsc.org graphics, furniture and display fix- Public Sector Showcase tures. Take advantage of substantial & Design Trends: savings. Liz McKinney Tel: +1 646 728 3631 ' Email: Imckinney@icscorg I have been attending COn for many Trade Exposition & Green Zone: years now and it is Jill Jarmel certainly one of the Tel: + 1 310 228 8964 Email: jjarmel@icsc.org most productive Liz Schaffer networking and Tel: +1 818 728 4552 deal -making events Email:lschaffer@icsc.org in the industry. Peter Sharpe ICSC Chairman President & CEO The Cadillac Fairview Corporation Limited I Over 1,000 retail companies participated last year Here is a sampling of retailers signed on far 2010 (as of 10/5/09): 7-Elevens Inc Jack In the Box Inc. 99c Only Stores Jimmy John's Gourmet American Dairy Queen Sandwiches Ann Taylor Inc. Kohl's Department Stores,lnc. Anytime Fitness The Learning Arby's Restaurant Experience Group Little Caesars Auntie Anne's, Inc. MandeeShops — AutoZone,. Inc. Annie Sez Big Lots Marriott International Bojengles' McDonald's Restaurants,Inc. Corporation Burger King Nike, Inc. Corporation Nordstrom, Inc. Burlington Coat Panda Restaurant Factory Group Chick=fil-A;9nc, Popeyes Louisiana Chico's FAS,Inc. Kitchen Chpolte Rita's Water Ice Franchise Corporation CYS/Caremark Rite Aid Corporation Dave and :Buster's'.Inc. Safeway Del Taco (; Sally Beauty Denny's, Inc. Holdings, Inc. ! Dillards:, Inc. Save -A -Lot Food Dollar General Stores j,. Corporation Sephora USA, Inc. �. Dollar Tree Stores Simply Fashion Stores Domino's Pizza. LLC Spirit Halloween Dressbarn Inc. Superstores Duane Reads/Winick Stop & Shop �. Realty Corp. Supermarket j Dunkin Brands Inc. SuCorp. way Real Estate Family Dollar Stores Supervalu Firehouse Restaurant Target Corp. Group Focus Brands. The TJX Companies, Inc. GameStop; Inc, Toys R Us, Inc. Gap Inc. U.S. Cellular �- General iNutrition . ), Corp. Verizon Wireless Haagen-Dazs Shoppe Walgreens Co. Co., Inc:. Wal-Mart Stores ' Halloween Express Wendy s International g. k. Home Depot White Castle (.: Hudson Bay Company Management €:- Hyatt Hotels Corp. Yuml Brands In-N-Out Burgers i i,. i i r.... 232 RECon: More Convenient, More Affordable To best meet the needs of today's retail real estate profes- sional, RECon has been consolidated. These modifications reflect ICSC's goal to ensure that the convention remains economical, productive and valuable for attendees travel- ing from near and far. Streamlined, 3-Day Schedule Program scheduling has been adjusted to ensure that the amount of time devoted to networking and learning remains unchanged. Now Everything's Under One Roof All convention sessions and events — including the Leasing Mall, Trade Exposition, educational sessions and meal functions — will now be held in the Las Vegas Convention Center, making it easier to navigate and ensuring the most efficient use of your time. I Reduced Registration Fee Early Bird Registration reduced below 2009 fee. Register by December 3, 2009 and save $65 off the advance registration rate. Ifyou are in the business of retail, you must attend this event. It is the annual epicenter of the business that provides the greatest opportunity to learn and grow.' John Morrison ICSC Trustee President e9' CEO Primaris Retail REIT Enhanced Discounts for Hotel and Travel ICSC is offering several discount packages that amount to significant savings on hotel, airfare, auto rental, dining and more. Special offers include: All -Inclusive Packages from Just $788: Convenient and Affordable These packages include round-trip airfare from major cities, a three -night hotel stay at Bally's, Paris or Caesars Palace, ground transfers in Las Vegas and the RECon 2010 registration fee. Discounted Rates at Economy and Premium Hotels for Every Budget Unprecedented low rates are available at more than 47 hotels, ranging from $40 - $249/night. Rates at the Las Vegas Hilton, adjacent to the Convention Center, have been dropped to -just $165/night. Book today and enjoy discounts of up to 20%. ICSC Savings: Special Deals on Dining, Entertainment and More Now your dollars will stretch farther than ever in Las Vegas, with numerous discounts on dining, leisure activities, trans- portation and more. Book your company's events and enjoy even greater discounts! Group Hotel Bookings Offer Convenience and Additional Savings Book blocks of rooms for members of your company with just one phone call and enjoy discounted rates. For more information on these offers, visit www.icsc.org/2010SC or contact DePrez Travel Bureau at +1 888 427 2885 Ext. 412 or icsctravel@depreztravel.com. RECon Registration Information Registration Fees Early Bird $360 — REDUCED BELOW 2009 FEE (For members only before December 3, 2009) ADVANCE ON -SITE ICSC Member* $425 $ 575 (After December 3, 2009) Non -Member $850 $1,150 Spouse Program $425 $ 575 Student Member** $ 50 $ 50 *To qualify for the member rate, each registrant must be an ICSC member. A company membership does not entitle every employee of that company to register at the member rate. **Registrants must be ICSC student members to qualify for the student rate. Become a member and save on the registration fee. For more information, visit www.icsc.org or call +1 646 728 3800. Registration Fee Includes: Access to the full Convention Program includes two lunches, cocktail reception, educational sessions, admission to the Leasing Mall, Trade Exposition, Green Zone, Public Sector Showcase and Design Trends. Registration Deadlines Register and submit a photo by March 31, 2010 to receive your badge in the mail. No badges will be mailed without a photo. Registrants who pay the member rate must be a member in good standing on March 31 to retain that rate and receive a badge in the mail. All Convention and Spouse Program badges will be mailed at the end of April. December 3, 2009 Early Bird Registration reduced below 2009 fee. Members save $65 off the advance registration fee. March 31, 2010 Register and submit a photo by deadline to receive your convention badge in the mail. April 30, 2010 Deadline to pre -register before arriving in Las Vegas. Advance registrations will not be accepted after this date. May 22, 2010 Registrations will be accepted on -site in Las Vegas. How To Register There are three ways to register: Online: www.icsc.org/2010SC Fax: +1 732 694 1800 Mail: International Council of Shopping Centers P.O. Box 26958 New York, NY 10087-6958, USA Transfers/Cancellations If you are unable to attend RECon, you may transfer your registration (member to non-member transfer requires higher registration fee be paid). After badges are mailed, the original registrant's badge must be returned at time of transfer. You may cancel your registration up to March 31, 2010 and receive a refund. All cancellations will be subject to a $25 fee and must be received by ICSC in writing. No refunds will be issued after March 31. Once your registration is cancelled, remember to contact DePrez Travel to cancel your room reservations in writing or by email to icsctravel®depreztravel.com. Transportation Take advantage of the convenient shuttle bus service between all Official Convention Hotels and the Las Vegas Convention Center. A complete bus schedule will be included in the RECon kit you receive on -site. All attendees and exhibitors are required to have an ICSC-issued color photo badge for access to the convention. To submit a photo, visit www.icsc.org/photo_instr.html For complete program, registration, travel and hotel information and forms, visit wwwJcsc.org/2010SC 234 2'i� 4 4vQu&rw COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Authorization for Overnight Travel for One Member of the City Council to Attend the National League of Cities Officers and Board of Directors Planning Meeting in Washington, DC on January 7-9, 2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: C�L' STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for one member of the City Council to attend the National League of Cities Officers and Board of Directors Planning Meeting in Washington, DC being held January 7-9, 2010. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Transportation $ 450 Meals (4 days maximum X $75) $ 300 Total $ 750 Funds for this meeting are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01). CHARTER CITY IMPLICATIONS: None. 1.,. 23'1 BACKGROUND AND OVERVIEW: The National League of Cities (NLC) is governed by a Board of Directors, made up of the president, first vice president, second vice president, all past presidents still in government services, and 40 other members. Twenty members of the Board of Directors are elected each year during the Annual Business meeting to serve two-year terms. Mayor Pro Tem Henderson was elected to the Board at the NLC Annual Conference in November 2009. The NLC has scheduled a planning meeting for its Officers and Board Members for January 7-9, 2010 in Washington, DC. A major objective of this meeting will be to review and adopt the 2010 NLC priorities as well as develop and refine implementation strategies. An Orientation Session is also scheduled for new Board Members. A Preliminary Schedule of Events is attached (Attachment 1). The NLC will arrange and pay for hotel room (room and tax) and the group meals for each of the attendees at this event. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve authorization for overnight travel for one member of the City Council to attend the National League of Cities Officers and Board of Directors Planning Meeting in Washington, DC being held January 7-9, 2010; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Wanda Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager 2JU Attachment: 1 . National League of Cities Officers and Board of Directors Planning Meeting Preliminary Schedule of Events `a 23i 238 ATTACHMENT1 NLC Officers and Board of Directors Planning Meeting J.W. Marriott, 1331 Pennsylvania Avenue, N.W., Washington, DC Meeting Dates: Thursday, January 7 - Saturday, January 9, 2010 Preliminary Schedule of Events To assist you in preparing for the meeting, you will receive materials prior to the meeting. Your Board meeting materials will be delivered via Federal Express to the preferred mailing address indicated on your Board Contact Information form provided to NLC Executive Office staff Along with the Board meeting materials, you will also receive a final Schedule of Events with more specific times, meeting room locations, and evening event information. Dress is business casual for the meeting and all social events. All meetings will take place at the JW. Marriott— unless specifically noted otherwise. Spouses and/or guests are cordially invited to the group evening social events and the Saturday luncheon. ThursdaE, January 7 11:00 p.m. —1:45 p.m. OFFICERS MEETING (NLC Officers Only) 2:00 p.m. — 4:30 p.m. ORIENTATION FOR THE 2010 BOARD MEMBERS ELECTED AT NLC's SAN ANTONIO ANNUAL BUSINESS MEETING ON NOVEBER 14, 2009 [The orientation session will be held at the NLC headquarters (1301 Pennsylvania Avenue, N. W.) — located approximately one block from the J W. Marriott hotel. ] 6:30 p.m. WELCOMING RECEPTION AND DINNER at the J.W. Marriott Hotel Details to be provided with the final Schedule of Events (Continued) 239 Friday, January 8 8:30 a.m. — 9:00 a.m. GROUP BUFFET BREAKFAST 9:00 a.m. — 12:00 p.m. OFFICERS AND BOARD OF DIRECTORS PLANNING MEETING 12:15 p.m. — 1:30 p.m. LUNCH 1:30 p.m. — 4:45 p.m. OFFICERS AND BOARD OF DIRECTORS PLANNING MEETING (continued) 6:45 p.m. GROUP RECEPTION/DINNER Details to be provided with the final Schedule of Events 000 Saturday, January 9 8:30 a.m. — 9:00 a.m. GROUP BUFFET BREAKFAST 9:00 a.m. - 11:30 a.m. OFFICERS MEETING (Officers Only) 9:00 a.m. — 11:30 a.m. BOARD OF DIRECTORS PLANNING MEETING (continued) 11:30 a.m. — 12:30 p.m. OFFICERS AND BOARD -- MEETING WRAP UP 12:30 p.m. MEETING ADJOURNED 000 12:30 p.m. — 2:00 p.m. GROUP LUNCH — meeting participants and their guests 3:00 p.m. — 4:30 p.m. OPTIONAL AFTERNOON TOUR: WASHINGTON, DC Details to be provided with the final Schedule of Events (Continued) 2 240 7:00 p.m. GROUP DINNER FOR THOSE WHO ARE STAYING UNTIL SUNDAY Details to be provided with the final Schedule of Events x Welhope/ to- see�yawiwWa4h'+utaw, DC! for thelJ y p 241 c&t!t 4 4 Qum& COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Consideration of an Extension of the Memorandum of Understanding with the County of Riverside for Management of the Library and Museum RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to negotiate a five-year extension with a five-year option to the Memorandum of Understanding (MOU) with the County of Riverside for Library and Museum management. FISCAL IMPLICATIONS: None for the recommended action. Funding for the referenced services is contained within the City's annual budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In October 2004, the City Council approved an MOU with the County of Riverside (Attachment 1) to manage the La Quinta Library. The County of Riverside contracts the management of numerous libraries throughout the County with Library Systems and Services Inc. (LSSI). The current agreement is in effect through June 30, 2010 with a five-year option which may be exercised if both parties agree to exercise the option. On October 10, 2008, an interim agreement with the County of Riverside for the operation of the La Quinta Museum was initiated for a four month pilot period. On February 17, 2009, the City Council approved an MOU for the operation of the Museum effective through June 30, 2010 (Attachment 2). The current MOU provides for the County to spend on Library services within the City or transfer to the City Library fund, one hundred percent (100%) of Library revenues from City or City Redevelopment Agency sources, including redevelopment pass - through agreements, Library portion of the property tax and the Library property tax increment, and the State portion of the State funded Public Library Foundation funds. 242 The amounts remaining in the Library fund after the operation and maintenance of the Library are allowed for use of the Museum operation and maintenance pursuant to an agreement with the County. Based upon LSSI's extensive experience with Library and Museum management and the City's outstanding working relationship with the County, staff recommends that the City Council authorize the City Manager to negotiate an extension to the existing MOU with the County of Riverside to include both the Library and Museum. This contract extension, once negotiated, would be brought back for City Council consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to negotiate a five-year extension with a five-year option to the Memorandum of Understanding with the County of Riverside for Library and Museum management; or 2. Do not authorize staff to negotiate a five-year extension with a five-year option to the Memorandum of Understanding with the County of Riverside for Library and Museum management; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. October 2004 Memorandum of Understanding 2. February 17, 2009 Memorandum of Understanding 243 ATTACHMENT 1 LIBRARY MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into as of cam. f9, 2004 ("Agreement Date") by and between the City of La Quinta ("City") and the County of Riverside ("County") WHEREAS, the County has offered to enhance existing library services as an aftemative to the City exercising its right to withdraw from the County Library System; and, WHEREAS, the City and County desire to enhance the delivery of library services within the City, and have reached an agreement that they wish to set forth in writing in the form of this MOU. The City and the County therefore agree as follows: SECTION 1: TERM This MOU shall take effect on July 1, 2005 and shall remain in effect through and including June 30, 2010, with an additional five-year option which may be exercised if both parties agree to exercise the option. The City and County agree that there, is no commitment, guarantee, or requirement for either the City or the County to exercise the additional five-year option or otherwise extend this MOU. The City and the County may, at their option, exercise the additional five-year option by giving written notice to the other party no later than June 30, 2009. If both parties exercise the option to extend the term for an additional five years, then the term shall be extended for that period upon the same terms and conditions as set forth herein. The City or the County may forego exercising the option to extend this MOU but may request an extension of this MOU with modified terms. If the either the City or County does not opt to exercise the additional five-year option but desires to extend the term of this MOU on modified terms, the City and County shall negotiate in good faith to extend this MOU. Unless otherwise agreed to by the City and the County, any extension to this MOU would use the then existing service levels, building size, etc. as the floor of acceptable standards for future library service. The City fully reserves its rights to withdraw from the County Library System pursuant to existing laws and regulations, effective with the expiration of this MOU or subsequent extensions. SECTION 2: HOURSIDAYS OF OPERATION — LOCATION During the term of this MOU, the La Quinta Branch Library, located at 78-104 Calle Estado, shall be open: a minimum of six (6) days per week including 2 evenings and Sunday; and be open a minimum of 40 hours per week. Once the new library building at 78-275 Calle Tampico is complete, the La Quinta Branch Library shall move to that location. Once the move is complete and the La Quinta Branch Library is fully operational at the new location, the La Quinta Branch Library shall be open the number of hours and 244 DEC s1M 3,kS� days as designated by the City. The number of hours and days will be set by the City with review and recommendations by the County. SECTION 3: COLLECTION The County agrees to spend a minimum of $5,000 for collection materials during each year of this MOU. Once the new library is opened, the, annual expenditures for collection materials shall be increased as necessary to be consistent with other large branches, and the collection shall be increased in size and scope to make it consistent with other large branches. The City shall have the opportunity to participate in acquisition determinations and to approve the level of funding for the acquisitions. All collection materials shall be purchased specifically for the La Quinta Branch Library and housed at the La Quinta Branch Library. Collection materials purchased for the La Quinta Branch Library shall be the property of the City and be housed at the La Quinta Branch Library. Such collection materials shall not be permanently transferred or moved from the La Quinta Branch Library without the express written consent of the City. SECTION 4: LIBRARY FUNDING AND SERVICE The County will work cooperatively with City to design and develop a library service plan for the new library facility and expansion thereof. The County will work cooperatively with the City to identify funding/grant opportunities for various programs and services connected with the new library facility and expansion thereof. The County will spend on library services within the City (including lease payments for the La Quinta Branch Library facility and all other facility expenses), or transfer to the City Library fund, one hundred percent (100%) of library revenues from City or City Redevelopment Agency sources, including but not limited to revenues from, redevelopment pass -through agreements, the library portion of the property tax and the library property tax increment, and the City portion of State -funded Public Library Foundation funds. The library revenues from City or City Redevelopment Agency sources, including, but not limited to, revenues from redevelopment pass -through agreements, the library portion of the property tax and the library property tax increment, and the City portion of State -funded Public Library Foundation funds shall be referred to hereinafter as the "La Quinta Revenues". An example of the La Quinta Revenues Fiscal Year 2003-2004 is attached as Exhibit A, showing La Quinta Revenues of $1,360,525.00. The guaranteed percentage per fiscal year will be as follows: Fiscal Year 2005/2006 - 100% of La Quinta Revenues Fiscal Year 2006/2007 -100% of La Quinta Revenues Fiscal Year 2007/2008 - 100% of La Quinta Revenues Fiscal Year 2008/2009 - 100% of La Quinta Revenues 245 Fiscal Year 2009/2010 - 100% of La Quinta Revenues The County shall have an MLS Librarian serving full-time at the La Quinta Branch Library. Estimated annual expenditures by the County on library services (does not include facility lease or other facility expenses) shall total at least $220,000 at the library located at 78-104 Calle Estado, generally distributed as follows: Labor and benefits $170,000 Automation Services $ 17,000 Courier Services $ 5,000 Shared Costs $ 18,000 Administrative Costs $ 5,000 Materials $ 5,000 County will work cooperatively with the City on library expenditures for the new library at 78-275 Calle Tampico. County will continue to allocate the library expenses which are shared by all library locations in the same manner as it has during the last MOU (i.e., divided equally by the number of library locations). County has indicated a total cost for operating the new library for Fiscal Year 2004/05 of between $450,000 and $550,000 (operational costs): County and City will work together on appropriate: A) staffing levels, B) hours of operation, and C) levels of service; all commensurate with the needs of the new 10,000 square -foot library (and any expansion thereof). Final determination on A, B, and C shall be at the sole discretion of the City based upon input of the County. Once all City library expenses are paid/deducted, one hundred percent (100%) of the remaining balance of the La Quinta Revenues will be transferred to the City Library Fund. County will present revenues and expenses to the City for review prior to transferring funds to the City Library Fund. The first transfer to the City Library Fund will be made by February 15 of each fiscal year. A second transfer will be made by June 30. A final reconciliation and payment shall be completed by February 1 of the subsequent fiscal year to allow for any year-end fiscal closing procedures of the County related to the prior fiscal year. Late payments by the County will result in the City charging the County interest, at the City pooled rate during the time of delinquency, based on the amount of the payment and the number of days the payment is late. Once deposited, the funds in the City Library Fund shall be the sole property, and shall be under the exclusive control, of the City. The City shall have the right, at its sole discretion, to withdraw and use the moneys in the City Library Fund on any and all library -related expenditures including, but not limited to: (1) reimbursement for any City - paid cost and expense for the new La Quinta Branch Library, including but not limited to perimeter landscape installation, maintenance or replacement; lighting, custodial services, utilities, maintenance, replacement, and repair expenses relating to the new La Quinta Branch Library, including replacement funds; (2) artwork or other enhancement expenditure in or around the new La Quinta Branch Library; (3) repayment of all debt incurred by the City in connection with the construction of the new La Quinta Branch library; (4) a monthly land lease payment to the City as compensation 246 for the use of the land upon which the new La Quinta Branch Library will be constructed and operated in the amount of $115,000 per year, as adjusted by a CPI adjustment on each July 18t following the Agreement Date; and (5) any and all other library -related expense as deemed appropriate by the City. Within 30 days following each deposit the County makes into the City Library Fund, the City will provide the County with a report outlining the then existing balance in the City Library Fund and the expenditures made since the County's last deposit. As used herein, the term "CPI adjustment" shall mean the increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles -Riverside -Orange County average, All Items, 1982-84 = 100, published by the United States Department of Labor, Bureau of Labor Statistics (the "CPI"), by comparing (a) the CPI existing on the first day of that month that is closest to and precedes the July 1 adjustment date for which the Department of Labor has published the CPI, with (ii) the CPI existing on the first day of that same month of the previous year. No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the term of this MOU, a comparable index shall be selected by the parties. In the event that State library revenues decrease significantly, the City reserves the right to revisit and/or renegotiate this MOU upon the request of the County, at the sole discretion of the City. SECTION 6: REPORTS/MEETINGS County shall provide City staff quarterly reports appropriate for City Council review. The reports shall be comprehensive and include a status on important library matters such as MOU payment schedule, all related expenditures, collections, programs, service levels, and other library matters of interest. Quarterly reports shall be due on or about the following dates: September 15, December 15, March 15, and June 15 of each fiscal year of this MOU. In addition, the County Librarian or his/her designee shall attend quarterly meetings at a mutuaAy agreed upon time with City staff at City Hall to review submitted reports before City staff forwards such reports to City Council. SECTION 6: CITY LIBRARY COMMITTEE In order to enhance City input on library matters, the City may create a City Library Committee ("Committee"). The purpose of the Committee shall be to review library operations and make recommendations on library operations including, but not limited to, collection purchases, equipment purchases, hours of operation, and other library matters deemed appropriate for review by the Committee. The meeting locations and times shall be as set by the Committee and agreed to by all parties. The County and City will consider input from this Committee to determine appropriate levels of library service. SECTION T: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM; STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC. 24� All items purchased with La Quinta Revenues shall be the sole property of the City of La Quinta. In addition, if the City decides at a future date to withdraw from the County Library System, the City shall be granted the ownership of the then existing collection, equipment, furniture, or furnishings or for any collection materials, equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at the La Quinta Branch Library. In negotiations, City and County have agreed that in recognition of the City of La Quinta's contributions to the County Library System over the past years, City will be given full credit for the value of the library collection and equipment and will be granted ownership of the then existing collection and equipment without additional payment. a. To ensure seamless. access to the City's library collection by Riverside County Library System patrons, if the City withdraws from the County Library System at the expiration of this MOU, City will strongly consider options to link its automated collection management system with the County's either (i) by contracting with the County for operation of the City s system, or (ii) by the City paying all costs to establish a fully interactive link between the City's automated system and the County's; and b. If the City withdraws from the County Library System at the expiration of this MOU, the City would endeavor to become a member of the Inland Library System preserving their citizens' access to holdings in other public libraries in the Inland area (and vice versa). . SECTION 8: COMPLETE AGREEMENT Notwithstanding the foregoing, it is intended that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the La Quinta City Council and the County Board of Supervisors. The waiver of any breach, term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. The MOU is hereby executed and/or ratified by and between the following authorized representatives of the City and the County. ?AR OF RIVE I CITY 7Z. • ltwin DonTdolp ATTEST: Nancy Romero Clerk of the Board Approved as to Form WILLIAM C. KATZENSTEIN County Counsel By Deputy, unty Counsel RUTAN & TUCKER M. KATHERINE JENSON By M. Katfierin6 Jenson, C omey ATTEST: . AT E` .,,GREEK, ' Clerk City of Ruin'ta, "California ?4� DEC 2 112004 S. 65- EXHIBIT A Example of Funding Source and Formula City of La Quints Library Revenues Fiscal Year 2003-2004 Property Tax Estimated Tax Estimated Tax after ERAF shift to State $226,959.62 $119,487.53 Project 1 Pass through Project 2 Pass through $793,924.00 $401,696.00 Redevelopment State Public Library Foundation Funds $1.397485 per capita x Population (32,500) Total Library Revenue Formula: Revenue $119,487.00 $793,924.00 $401,696.00 $ 45,418.00 S 1.360.525.00 Total Library Revenue x 1.00% = Amount to be spent within La Quinta on City Library Services or Deposited in City Library Fund 250 ATTACHMENT 2 MEMORANDUM OF UNDERSTANDING TERMS AND CONDITIONS TO PROVIDE INTERIM MANAGEMENT OF THE LA QUINTA MUSEUM 1.0 PARTIES AND DATE This Memorandum of Understanding (the "Memorandum") is made by, between, and among the COUNTY OF RIVERSIDE ("County") and the CITY OF LA QUINTA ("City") for a period beginning this 20th day of February 2009 and terminating the 30th day of June 2010, with an additional three year option which may be exercised if both parties agree to exercise the option 2.0 PROPOSALS County acting on behalf of the Riverside County Library System, Library Systems & Services, LLC ("LSSI") proposes to provide management services of the La Quinta Museum ("Museum") for the City. 3.0 SCOPE OF WORK 3.1 Using contract staff provided by LSSI, the Riverside County Library will provide 40 hours per week of management services to the City for the purpose of operating the Museum. The Museum Manager will be an individual with expertise in the following areas: a. Local history b. Cultural programming C. Facilities management d. Personnel management e. Budgeting and purchasing f. Community Relations g. Outreach h. Customer Services 3.2 During the period of management the Museum Manager will perform the following tasks: a. Onsite management of the daily operations of the Museum 40 hours per week b. Hire and manage the Museum staff C. Direct special projects, including the installation of special exhibits d. Stewardship of the assets of the Museum and museum collections e. Represent the Museum to the public, press, local government, local history groups, and other organizations and individuals. f. Manage the work of Museum volunteers g. Publicize and promote Museum activities, programs, and exhibits. 251 Page 1 of 4 MAR a 4 ZOOS 5.16 Advise the City on matters pertaining to the operation of the Museum. Other tasks associated with the operation of the Museum as required by the City 3.3 The Museum Manager provided by,LSSI shall report to the City's Director of Community Services. The Museum Manager shall meet and coordinate with the Director of Community Services on an as needed basis. While the day-to- day operations of the Museum shall be carried out by the Museum Manager, the overall management of the Museum shall be under the direction of the Director of Community Services. 4.0 EXPENSES 4.1 The parties acknowledge and agree that monies from the City Library Fund established pursuant to the Library Memorandum of Understanding ("MOU") by and between the City and the County dated October 19, 2004 will be used for all Museum operating expenses, including the payment of the fee outlined in Section 6, below. 4.2 The Museum Manager will work with the Community Services Director to prepare an annual operating budget and maintain expenses within the budget. 4.3 Any sales from the museum store and admissions will be deposited into the City's Museum revenue accounts and will be the sole property of the City. All expenses for inventory of the store will be included within the approved operating budget. All pricing for museum store items will be approved by the Director of Community Services. 5.0 INDEMNIFICATION AND HOLD HARMLESS 5.1 Indemnification by City. City shall indemnify and hold County, LSSI, their officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorney fees, County, LSSI, their officers, agents, and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 5.2 Indemnification by County. County shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, LSSI, their officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other Page 2 of 4 .. ?5 - element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on City by the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend at its expense, including attorney fees, City, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 6.0 FEE SCHEDULE The total cost of management of the Museum will be $245,981. This amount will be billed to the City by the Riverside County Library System for the period of service under this proposal. This cost assumes all staff and expenses for the museum operation. The City will be responsible for landscape maintenance, custodial services, replacement or maintenance of lighting, utilities, and repair or replacement relating to the museum. 7.0 ADDITIONAL PROVISIONS 7.1 In all cases, the language in all parts of this Memorandum shall be construed simply, according to its fair meaning and not strictly for or against any Party, if being agreed that the Parties or their agents have all participated in the preparation of this Memorandum. 7.2 This Memorandum contains the entire agreement of the Parties and supersedes any prior oral or written statements or agreements between the Parties regarding the operation of the La Quinta Museum. 7.3 This Memorandum does not alter the terms of that, certain Library Memorandum of Understanding ("MOU") by and between the City and the County dated October 19, 2004, and the MOU remains in full force and effect. 7.4 This Memorandum does not alter the terms of that certain Replacement Cooperation Agreement ("Cooperation Agreement') between the County, the City, and the La Quinta Redevelopment Agency dated December 21, 1993, and the Cooperation Agreement remains in full force and effect. IN WITNESS WHEREOF, County and City have executed this Memorandum on the date(s) written below: CITY OF LA QUINTAA By:_L�2AOT Thomas P. Genovese City Manager Dated: 21 &04? COUNTY OF RIVERSIDE Dated: 3 -.2 L/- -(/% Page 3 of 4 253 MAR 4 2009 9,A ATTEST: APPROVED AS TO FORM By: theAJensonk City Attorney LIBRARY SYSTEMS AND SERVICES, LLC. By: /"" /.sf Mark Smith Library Administrator APPROVED AS TO FORM: PAMELA J. WALLS County Counsel By: unty Counsel G:\TRANSFER\Library\CONTRACTS\LSSI%2008-091Second Amendment La Quints Museum\County Museum Operations MOU (3) doc Page 4 of.4 25 COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Consideration of City Council Reorganization RECOMMENDATION: AGENDA CATEGORY: O� BUSINESS SESSION: dl CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select a member to serve as Mayor Pro Tempore for a term as provided by Resolution No. 2006-1 15. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The provisions of Resolution No. 2006-1 15 require the City Council to meet annually and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes. At the December 2, 2008 meeting, the City Council adopted Resolution No. 2008- 074, declaring the results of the November 4, 2008 General Municipal Election, and appointed Council Member Henderson as Mayor Pro Tempore. The selection of Mayor Pro Tempore is being presented for the City Council's consideration at this time. FINDINGS AND ALTERNATIVES: The Alternatives available to the City Council include: 1. Select a Mayor Pro Tempore to serve a term as provided by Resolution No. 2006-115; or 2. Provide staff with alternative direction. submitted, Veronica J. M,o%itecino, CIVIC City Clerk ' Approved for submission by: Thomas P. Genovese, City Manager 256 T4t!t 4 4 ag"i AGENDA CATEGORY: COUNCILIRDA MEETING DATE: December 15, 2009 13 BUSINESS SESSION: _ ITEM TITLE: Consideration of City Council Standing Committee and Other Agency Appointments CONSENT CALENDAR: PUBLIC HEARING: RECOMMENDATION: Select representatives of the City Council to serve on various committees for the year 2010. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year, the City Council selects Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. Attachment 1 is a complete list of committees and appointments made last year for the Council's consideration. FINDINGS AND ALTERNATIVES: The Alternatives available to the City Council include: 1. Select representatives of the City Council to serve on various committees for the year 2010. 257 2. Do not select representatives of the City Council to serve on various committees for the year 2010; or 3. Provide staff with alternative direction. ly submitted, Veronica ''montecino, CIVIC City CW1l4� / Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. List of Existing City Council Committee Assignments 258 ATTACHMENT 1 CITY COUNCIL COMMITTEE APPOINTMENTS CVAG COACHELLA VALLEY CONSERVATION COMMISSION: 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Member: Stanley Sniff, Council Member Alternate: Linda Evans, Council Member Meets 2nd Thursday of each month at 11:00 a.m. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE: Member: Stanley Sniff, Council Member Alternate: Linda Evans, Council Member Staff Support: Planning Director or Designee Meets 2nd Thursday of each month at 12:00 p.m. SUBCOMMITTEE - ENERGY & WATER CONSERVATION Member: Assistant City Manager -Management Services Meets 3itl Thursday of each month at 8:00 a.m. CVAG EXECUTIVE COMMITTEE: Member: Don Adolph, Mayor Alternate: Kristy Franklin, Council Member Non -Voting Member: City Manager Meets last Monday of each month at 6:00 p.m. CVAG HUMAN AND COMMUNITY RESOURCES COMMITTEE: Member: Kristy Franklin, Council Member Alternate: Linda Evans, Council Member Staff Support: Community Services Director Meet 3id Wednesday of each month at 12:00 p.m. CVAG PUBLIC SAFETY COMMITTEE: Member: Terry Henderson, Mayor Pro Tem Alternate: Linda Evans, Council Member Staff Support: Assistant City Manager -Management Services Meets 2Id Monday of each month at 10:00 a.m. 259 CVAG TRANSPORTATION COMMITTEE: Member: Terry Henderson, Mayor Pro Tern Alternate: Linda Evans, Council Member Staff Support: Public Works Director/City Engineer Meets 2n' Monday of each month at 12:00 p.m. CVAG VALLEY -WIDE HOMELESS COMMITTEE: Member: Kristy Franklin, Council Member Alternate: Linda Evans, Council Member Staff Support: Community Services Director Meets 3'tl Wednesday of each month at 10:00 a.m. ANIMAL CAMPUS COMMISSION: c/o Lynda Gregory Supervisor Wilson's Office 73-710 Fred Waring Drive, Suite 200 Palm Desert. CA 92260 Member: Kristy Franklin, Council Member Alternate: Terry Henderson, Mayor Pro Tem Staff Support: Community Safety Manager Meets every other month on the 2n' Thursday at 9:30 a.m. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE Member: Don Adolph, Mayor (Appointed 9101109) CALIFORNIA JOINT POWERS INSURANCE AUTHORITY: 8081 Moody Street La Palms, CA 90623 Member: Kristy Franklin, Council Member Alternate: Personnel/Risk Manager CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Kristy Franklin (11/17/09) Staff Support: City Manager Staff Support: Assistant City Manager -Development Services Staff Support: Economic Development Project Manager Meets every other month/Rotates after 3 consecutive meetings (last appointment 1120109) Updated: October 6, 2009 n" 260 CIVIC CENTER ART PURCHASE COMMITTEE Members: Terry Henderson, Mayor Pro Tem Kristy Franklin, Council Member Staff Support: Community Services Director Rotates Annually (last appointment 2009) COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT LQ Representative: Robert Cox Term: Two—year term, effective January 1, 2009 (appointed December 16, 2008) Staff Support: City Manager Staff Support: Assistant City Manager -Management Services Meets 2nd Tuesday of each month at 6:00 p.m. COACHELLA VALLEY MOUNTAINS CONSERVANCY (State appointment) Ex. Board Member: Kristy Franklin Alternate: Stanley Sniff, Council Member Staff Support: Planning Director Meets 2n° Monday of every other month at 3:00 p.m. COACHELLA VALLEY WATER DISTRICT JOINT WATER POLICY COMMITTEE Member: Don Adolph, Mayor Alternate: Terry Henderson, Mayor Pro Tern Staff Support: Assistant City Manager -Development Services (Appointed September 22, 2004) IMPERIAL IRRIGATION DISTRICT ENERGY CONSUMERS' ADVISORY COMMITTEE IID Energy Consumer's Advisory Committee 1651 W. Main Street El Centro, CA 92343 Member: Frank Blum, Citizen Representative Alternate: Mack Carter, Citizen Representative Elected Official: Kristy Franklin, Council Member Staff Support: Assistant City Manager -Management Services (Appointed September 16, 2008) Term: 3 years Meets 1s` Monday of each month at 6:00 p.m. at alternate llD offices in Et Centro and La Quinta. Updated: October 6, 2009 0." 261 JACQUELINE COCHRAN REGIONAL AIRPORT c/o Economic Development Agency County of Riverside 44-199 Monroe Street, Suite B Indio, CA 92201 Member: Kristy Franklin, Council Member Alternate: Terry Henderson, Mayor Pro Tem Staff Support: Planning Director Meetings vary on 3itl or 4' Wednesdays of each month at 4:00 p.m. at Thermal Airport LEAGUE OF CALIFORNIA CITIES - RIVERSIDE DIVISION Delegate: Terry Henderson, Mayor Pro Tem Alternate: Don Adolph, Mayor Staff Support: City Manager or Designee PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY Ex. Board Member: Linda Evans, Council Member Alternate: Terry Henderson, Mayor Pro Tem Staff Support: City Manager Meets 3'd Tuesday of each month at 9:00 a.m. at Palm Desert City Hall PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION LQ Rep: Nancy Doria, citizen representative (79-448 Calle Prospero) Alternate: Michael Mastrogiuseppe (78-895 via Trieste) Staff Support: Assistant City Manager -Management Services Term: Four Years (expires June 30, 2011 (appointed: 9/7/04; re -appointed: 6117108) Meets 151 and 3itl Wednesday of each month at 8:00 a.m. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Diane Gunn (citizen representative) Staff Support: Community Services Director (appointed 12116108) Meets Quarterly on 3' Thursday in January, April, July, and October ,._. 26) Updated: October 6, 2009 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Terry Henderson, Mayor Pro Tern Commission Alternate: Don Adolph, Mayor Staff Support: Public Works Director/City Engineer (Appointed: January 7, 2003) Meets 2nd Wednesday of each month at 9:00 a.m. in Riverside SUNLINE TRANSIT AGENCY 32-505 Harry Oliver Trail Thousand Palms, CA 92276 Board Member: Don Adolph, Mayor Alternate: Kristy Franklin, Council Member Staff Support: City Manager Meets 4' Wednesday of each month at 12:00 p.m. 11 263 Updated: October 6, 2009 OF Tl'� COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Consideration of an Ordinance Amending Title 8, Chapter 13, of the La Quinta Municipal Code Relating to Water Efficient Landscaping and Irrigation System Design RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Motion to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No. _, on first reading amending the La Quinta Charter and Municipal Code Title 8, Chapter 13, updating the City's Water Efficient Landscaping and Irrigation System Design Ordinance. FISCAL IMPLICATIONS None CHARTER CITY NPLICATIONS None BACKGROUND AND OVERVIEW In 2006, Assembly Bill 1881 was signed into law by Governor Schwarzenegger requiring that every city in California either adopt the State Model Water -Efficient Landscaping Ordinance or a landscaping ordinance which is at least as effective in 26r 1. conserving water as the model ordinance. All cities are required to comply with the provisions of AB 1881 no later than January 31, 2010. On January 15, 2008 the City Council most recently updated the City's Water - Efficient Landscaping Ordinance to comply with this law. The State Model Water - Efficient Landscaping Ordinance is updated from time to time, and was most recently updated on September 10, 2009. As a result of this update and the looming deadline for compliance by January 31, 2010, all valley cities and water suppliers, including the Coachella Valley Water District, have begun the process of updating their landscaping ordinances. Since June 2009, City staff has been working on a valley -wide model water efficient landscape ordinance with a Coachella Valley Association of Governments (CVAG) task -force sub -committee that included representatives of the Coachella Valley Water District (CVWD), major valley water purveyors, Riverside County, the local Building Industry Association chapter, and other valley cities. This Committee met several times from June through October 2009. All participants on the Committee agreed to either adopt an individual version of the model ordinance modified to meet their individual jurisdictional requirements, the model ordinance in its entirety, or adopt the model ordinance. This valley -wide model ordinance has since been adopted by CVWD, serving as their Water Efficient Landscaping and Irrigation Design Ordinance. PROPOSAL The majority of the proposed changes to La Quinta's Water -Efficient Landscaping Ordinance (Attachment 1) are the result of the recent update to the State Model Water -Efficient Landscaping Ordinance. As the Coachella Valley Water District has also revised its landscaping and irrigation design ordinance to comply with the State model ordinance, staff has been working with CVWD to ensure that both codes conform to each other and do not conflict. Sections proposed for amendment are either State -mandated or involve text that has been reworded or rearranged to be identical to or compatible with the Coachella Valley Water District's landscaping ordinance. In application, these sections are a negligible change from the current code provisions. Staff has also taken this opportunity to adjust and improve the existing landscaping ordinance by clarifying certain sections. State mandated text amendments include the following: A requirement that all rehabilitated landscaping projects be reviewed and approved by the City of La Quinta; 26 ri • A requirement that homeowner -provided landscaping at single-family residences with a landscaped area greater than 5,000 square feet be approved by the City of La Quinta; • A requirement that all completed landscaping projects submit a Certificate of Completion (currently optional); • A slightly improved irrigation efficiency rating of .71 (from current .75 rating); • A requirement that a soil analysis report be submitted with landscaping plans (currently optional); • References to state fire -safety provisions; • Limitations on turf placed on slopes greater than 4 to 1 (currently 3 to 11; • Requirements for use of groundcover and mulch to reduce soil moisture evaporation; • Five new definitions and four revised definitions; • Required provisions for recycled water usage; • Groundwater and non -potable water sources used for landscaping irrigation are no longer exempted from landscaping water use calculations; Revised text requiring that grading plans identify storm water management features; • Exemptions for mined -land reclamation projects, public gardens and arboretums, plant collections, designated historical sites, and ecological restoration projects; and • Provision that homeowner association guidelines may not enact conditions that have the effect of prohibiting the use of water -efficient plant species as a group. In turn, the City has taken this opportunity to improve and clarify the existing ordinance. As a result, staff is proposing the following additional adjustments: • A specific exemption for homeowner -provided and individually -maintained landscaping within private gardens, courtyards, and patio areas in multi- family projects (such as condominiums); • Rearranged text regarding irrigation system design, in order to be identical to the Coachella Valley Water District; • Minor adjustments to text identifying water calculation methods that do not change or deviate from current methodology and references to sample water calculation worksheets that are available from both the City and the Coachella Valley Water District; • Final landscaping plan submittal standards have been adjusted to match those of the Coachella Valley Water District; • A reference to the plant selection standards of the Riverside County Agricultural Commissioner; • A codified suggestion that applicants consult the State Invasive Plant Inventory prior to the selection of any plant species for landscaping. 266 These updates are intended to conform to both the CVWD landscaping ordinance revisions and the State Model Water -Efficient Landscaping Ordinance. ANALYSIS: The proposed text amendments will result in minor changes to current landscaping and irrigation design standards and will minimize conflict with the Coachella Valley Water District's concurrent ordinance. Because the City and CVWD have already implemented water efficiency standards that exceed the state's model ordinance by 30 percent, these revisions will have a negligible effect on aesthetics and overall water usage. Procedurally, the most noticeable change resulting from this revision is that all rehabilitated landscaping projects, unless specifically exempt, will now be required to be reviewed and approved by the Planning Department, rather than just those rehabilitated landscaping projects which are associated with a building permit or encroachment permit. Currently, the only time the City reviews landscaping plans is when they are brought forward with new construction approved through a Site Development Permit or Village Use Permit, or involve work to be completed within the public right-of-way. The most noticeable visual or aesthetic result of this code update will be the prohibition of turf on slopes greater than 4 to 1 . The current turf prohibition is on slopes with a grade greater than 3 to 1. Turf is sometimes used as an erosion control method on steeper slopes. In the long term, the requirement to review all rehabilitated landscaping will have a positive effect on the general aesthetic quality of the City. PUBLIC COMMENT AND AGENCY REVIEW The City's proposed landscaping ordinance amendments have been shared with other members on the valley -wide model landscaping ordinance task -force committee. The proposed amendments were also forwarded to other departments and agencies not on the committee for comment, such as the Riverside County Fire Department. At the time of this report, no comments have been received. ENVIRONMENTAL REVIEW The Planning Director has determined that the proposed ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15061, Subsection (b)(3), and Section 15307. The Ordinance will not have a negative effect on the environment in that it will result in a reduction in the City's overall water usage while allowing for the continued high quality of development in the City. PLANNING COMMISSION ACTION The Planning Commission considered this request as a business item at its meeting of November 10, 2009 (Attachment 1). Following questions of staff, the Commissioners were supportive of the proposed changes but had some concerns about wordage prohibiting irrigation water waste specifically on streets, recommending a minor rewording to avoid water waste on all hardscape. Commissioner Barrows pointed out during the hearing that CVWD was considering adopting the same general applicability standard that the City already had in place, rather than the less -stringent 2,500 square foot State Model standard staff had proposed at the Planning Commission hearing. Because CVWD has since modified their code to reflect the City's existing code and not the State Model, staff has maintained the existing general applicability standard in the Council version of this proposed amendment. The Planning Commission recommended to the City Council approval of the proposed ordinance by a 5-0 vote. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. 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 Title 8, Chapter 13, updating the City's Water Efficient Landscaping and Irrigation System Design Ordinance; or 2. Do not move to take up Ordinance No. _• 3. Provide staff with alternative direction. Respectfully4mitted, JoVson, Planning Director 26 Approved for submission by: ZA?7 �r Thomas P. Genovese, City Manager Attachment: 1. Planning Commission Minutes for November 10, 2009 ... 269 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE TITLE 8, CHAPTER 8.13, UPDATING THE CITY'S WATER EFFICIENT LANDSCAPING ORDINANCE WHEREAS, on September 28, 2006, the Governor of the State of California; Arnold Schwarzenegger, signed Assembly Bill 1881, requiring that every city in California either adopt the State Model Water -Efficient Landscape Ordinance or a landscape ordinance which is at least as effective in conserving water; and WHEREAS, the California Office of Administrative Law (OAL) approved an updated Model Water Efficient Landscape Ordinance (MWELO) on September 10, 2009; and WHEREAS, the City Council of the City of La Quinta recognizes that the conservation of available water resources is essential to the future health and welfare of the community; and WHEREAS, the City has, from time to time, made amendments to the Municipal Code to address important issues and changes in circumstances; and WHEREAS, the Planning Commission of the City of La Quinta, California, reviewed this item at their meeting held on the 10' of November, 2009, recommending approval of the proposed amendment to Title 8, Chapter 8.13, the City's Water Efficient Landscaping Ordinance; and WHEREAS, the City Council considered the evidence at their meeting held on the 15`" of December, 2009, and finds that the reduction of water use in landscaping will contribute significantly to the conservation of our water resources without impacting the quality of landscaping prevalent in the City. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 8, Chapter 8.13 of the City of La Quinta Municipal Code is amended as identified in the attached Exhibit 1. SECTION 2. ENVIRONMENTAL. The Planning Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(B)(3) and Section 15307 of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will not have a negative effect 270 Ordinance No. Title 8, Chapter 8.13 Water Efficient Landscaping Ordinance Adopted: December 15, 2009 on the environment in that it will result in a reduction in the City's overall water usage while allowing for the continued high quality of development in the City. SECTION 3. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 4. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, and welfare. SECTION 5. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 6. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 15th day of December, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California _. 2i1 Ordinance No. Title 8, Chapter 8.13 Water Efficient Landscaping Ordinance Adopted: December 15, 2009 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 27% Exhibit 1 CHAPTER 8.13 WATER EFFICIENT LANDSCAPING AND IRRIGATION SYSTEM DESIGN Sections: 8.13.010 Purpose and Intent 8.13.020 Definitions 8.13.030 Provisions for New or Rehabilitated Landscapes 8.13.040 Provisions for Existing Landscapes 8.13.050 Appeals 8.13.060 Effective Date Chapter 8.13 WATER EFFICIENT LANDSCAPING 8.13.010 Purpose and intent. A. The purpose of this chapter is to establish effective water efficient landscape requirements for newly installed and rehabilitated landscapes. it —is else the content of this ..hapte. +e implement the . nts Of the ..t..te of GRI40-FRia WateF--Gensewatisi on Landss et Statutes ef 1990 !`hapte, 11415(AQ 326). It is also the purpose of this ordinance to implement the requirements of the California Code of Regulations Title 23, Waters Division 2, Department of Water Resources Chapter 2.7, Model Efficient Landscaping Ordinance, and State of California Water Conservation in Landscaping Act. Authority Cited. Section 65593, Government Code, Reference: Sections 65591, 65593, 65596, Government Code. B. It is the intent of the city council to promote water conservation through climate appropriate plant material and efficient irrigation as well as to create a city landscape theme through enhancing and improving the physical and natural environment. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.020 Definitions. The words used in this chapter have the meanings set forth below: "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. Also known as precipitation rate (sprinklers) or emission rate (drippers/microsprayers) in gallons per hour. "Applied water" means the portion of water supplied by the irrigation system to the landscape. 273 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Automatic controller" means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Beneficial Use" means water used for landscape evapotranspiration. "Certified Landscape Irrigation Auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the United States Environmental Protection Agency WaterSense irrigation auditor certification program and Irrigation Association Certified Landscape Irrigation Auditor program. "Conversion Factor (0.62)" means a number that converts the maximum applied water allowance from acre -inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: (325,851 gallons/43,560 square feet)/12 inches = (0.62) 325,851 gallons = one acre-foot 43,560 square feet = one acre 12 inches = one foot To convert gallons per year to one hundred cubic feet per year, the common billing unit for water, divide gallons per year by seven hundred forty-eight. (748 gallons = 100 cubic feet) "Desert Landscape" means a desert landscape using native plants spaced to look like a native habitat utilizing plants native to the southwestern United States and northern Mexico or native to other desert regions of the world but adapted to the Coachella Valley. "Distribution Uniformity" is a measure of how evenly sprinklers apply water. The low -quarter measurement method (DULQ) utilized in the irrigation audit procedure is utilized for the purposes of these criteria. These criteria assume an attainable performance level of 75% DULQ for spray heads, 80% DULQ for rotor heads and 85% DULQ for recreational turf grass rotor heads. °•-2 274 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Drip Irrigation" means a method of irrigation where the water is applied slowly at the base of plants without watering the open space between plants. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation" or "usable rainfall" means the portion of total natural precipitation that is used by the plants. Precipitation is not a reliable source of water in the desert. "Electronic Controllers" are time clocks that have the capabilities of multi- programming, water budgeting and multiple start times. "Emission Uniformity" is a measure of how evenly drip and microspray emitters apply water. The low -quarter measurement method (EULQ) utilized in the landscape irrigation evaluation procedure is utilized for the purposes of these criteria. These criteria assume 90% DULQ for drippers, microsprays and pressure compensating bubblers. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "Establishment period" means the first year after installing the plant in the landscape. "Estimated annual applied water use" means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance. "Estimated annual total applied water use" (Total of all hydrozones) means the annual total amount of water estimated to be needed by all hydrozones to keep the plants and water features in the landscaped area healthy and visually pleasing. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the size and type of the water feature, the types of plants, and the efficiency of the irrigation system. The estimated annual total applied water use shall not exceed the maximum applied water allowance. 3 277) Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "ET adjustment factor" means a factor of 0.5 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.38 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.71. Therefore, the ET adjustment factor (0.5) _ (0.38/0.71). "Evapotranspiration, or ET" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). "Hardscape" means concrete or asphalt areas including streets, parking lots, sidewalks, driveways and patios and decks. "Head -to -Head Coverage" means one hundred percent sprinkler coverage of the area to be irrigated, with maximum practical uniformity. "High Flow Check Valve" means a valve located under/in a sprinkler head to stop the flow of water if the spray head is broken or missing. "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.71. Greater irrigation efficiency can be expected from well -designed and maintained systems. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. 4 270 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Landscape Architect" means a person who holds a license to practice landscape architecture as per the state of California Business and Professions Code, Section 5615. "Landscape Contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscaped area" means the entire parcel less the building footprint, driveways, non -irrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. Water features are included in the calculation of the landscaped area. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Local water purveyor" shall mean the Coachella Valley Water District (CVWD). "Main line" means the pressurized pipeline that delivers water from the water meter to the valve or outlet. "Maximum applied water allowance means for design purposes, the upper limit of annual applied water for the established landscaped area, as specified in Division 2, Title 23, California Code of Regulations, Chapter 7, Section 702. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "Mulch" means any material such as gravel, small rocks, pebbles, decorative sand, decomposed granite, bark, straw or other material left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. "Native plants" means low water using plants that are indigenous to the Coachella Valley and lower Colorado Desert region of California and Arizona. 5 277 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Operating pressure" means the manufacturer's recommended pressure at which a system of sprinklers, bubblers, drippers or microsprayers is designed to operate. "Overhead sprinkler irrigation systems" means those with high flow rates (pop - ups, impulse sprinklers, rotors, etc.). "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of very low water using plants ranges from 0.01 to 0.10, for low water using plants the range is 0.10 to 0.30, for moderate water using plants the range is 0.40 to 0.60 and for high water using plants, the range is 0.70 to 0.90. Reference: Water Use Classifications of Landscape Species III (WUCOLS III). "Pressure Compensating (PC) Bubbler" means an emission device that allows the output of water to remain constant regardless of input pressure. Typical flow rates for this type of bubbler range between 0.25 gpm to 2.0 gpm. "Pressure Compensating Screens/Devices" means small screens/devices inserted in place of standard screens/devices that are used in sprinkler heads for radius and high pressure control. "Qualified Professional" means a person who has been certified by their professional organization or a person who has demonstrated knowledge and is locally recognized as qualified among landscape architects due to longtime experience. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction which are usually based on drawings marked up in the field and other data furnished by the contractor. 6 278 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Recreational turfgrass" means turfgrass that serves as a playing surface for sports and recreational activities. Athletic fields, golf courses, parks and school playgrounds are all examples of areas hosting recreational turfgrass. "Recreational turfgrass ET adjustment factor" means a factor of 0.82 that, when applied to reference evapotranspiration, adjusts for the additional stress of high traffic on recreational turfgrass and the higher irrigation efficiencies of long range rotary sprinklers. These are the two major influences upon the amount of water that needs to be applied to a recreational landscape. A mixed cool/warm season turfgrass with a seasonal average of 0.7 is the basis of the plant factor portion of this calculation. The irrigation efficiency of long range sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET adjustment factor is 0.82 = 0.7/0.85. "Recycled water," "reclaimed water" or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of cool -season grass that is well watered. Reference evapotranspiration is used as a basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. For purposes of this chapter, the following FTe zene Fnap will be used. (See Fnap attaehed te the 0FdinanGe an-difopel an this ehapte=i most current edition of the Coachella Valley Water District's Reference Evapotranspiration Table shall be referenced. "Rehabilitated landscape" means any re -landscaping project whose choice of new plant material and/or new irrigation system components is such that the calculation of the site's estimated water use will be significantly changed. The new estimated water use calculation must not exceed the maximum applied water allowance calculated for the site using a 0.5 ET adjustment factor. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the planted area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or when water is misapplied to hardscapes. 7 279 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design "Service line" means the pressurized pipeline that delivers water from the water source to the water meter. "Smart Controller" means weather based or soil moisture based irrigation controls that monitor and use information about environmental conditions for a specific location and landscape (such as soil moisture, rain, wind, the plants' evaporation and transpiration rates and, in some cases, plant type and more) to decide for themselves when to water and when not to, providing exactly the right amount of water to maintain lush, healthy growing conditions. "Soil moisture sensing device" means a device that measures the amount of water in the soil. "Soil texture" means the classification of soil based on the percentage of sand, silt and clay in the soil. "Sprinkler head" means a device which sprays water through a nozzle. "Static water pressure" means the pipeline pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operates simultaneously. "Turf" means a surface layer of earth containing mowed grass with its roots. Perennial and annual ryegrass are cool season grasses. Hybrid and common Bermuda grass, are warm season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conservation concept statement" means a one -page checklist and a narrative summary of the project. "Water feature" means any water applied to the landscape for nonirrigation decorative purposes. Fountains, streams, ponds and lakes are considered water features. Water features use more water than efficiently irrigated turf grass and are assigned a plant factor value of 1.1 for a stationary body of water and 1.2 for a moving body of water. s 280 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design Note: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.030 Provisions for new or rehabilitated landscapes. A. Applicability. Except as provided in subsection (A)(3) of this section, this section shall apply to: a. All new construction and rehabilitated landscaping for private, public, commercial and governmental development projects that FegUi-e a peffnit; and b. AN new construction and rehabilitated Developer landscaping in single-family tracts and multi -family projects. 2. Projects subject to this section shall conform to the provisions in this section. 3. This section shall not apply to: a. Resident homeowner -provided and/or homeowner -hired landscaping at single-family Fesidences residential projects with a total project landscape area less than 5,000 square feet, b. Homeowner -provided landscaping within individually -maintained patio areas, courtyards, or private gardens at a condominium, townhome, or similar multifamily project c. Registered local, state, or federal historic sites; d. Ecological restoration projects that do not require a permanent irrigation system; e. Mined -land reclamation projects that do not require a permanent irrigation system; f. Plant collections, as part of botanical gardens and arboretums open to the public. B. Final Landscaping Plan Application Submittal Package. 9 281 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design 1 . Each Final Landscaping Plan submittal shall include the following elements: a. Water conservation concept statement; b. Calculation of the maximum applied water allowance; c. Calculation of the estimated applied water use; d. Calculation of the estimated total water use; e. Landscape design plan; f. Irrigation design plan; g. Grading design plan; and h. Soil analysis (optional); 2. Five copies of the Final Landscaping Plan submittal conforming to this chapter shall be submitted to the city. No permit shall be issued until the city and the local water purveyor reviews and approves the landscape documentation package. Prior to preparation and submission of the Final Landscaping Plan submittal, with the exception of rehabilitated or home -owner provided landscaping, the preliminary landscape design shall be approved by the planning commission. 3. A copy of the approved Final Landscaping Plan submittal shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. C. Elements of Final Landscaping Plan submittal. 1. Water Conservation Statement and Landscape Worksheet a. Water Conservation Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the water conservation statement sommlaFthe following example an example of which can be obtained from either the Planning Department or the Coachella Valley Water District. It serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. 10 282 ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design PFejeet Site: Gasp N1 PFOjBGt 11 283 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design b. Water Efficient Landscape Worksheet. Each landscape documentation package shall include a Water Efficient Landscape Worksheet, an example of which may be obtained from either the Planning Department or the Coachella Valley Water District. The Water Efficient Landscape Worksheet serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. i. The Water Efficient Landscape Worksheet shall contain a hydrozone information table and a water budget calculation for the Final Landscaping Plans. For the calculation of the Maximum Applied Water Allowance and the Estimated Total Water Use, the project applicant shall refer to the most current localized ETo value from the Coachella Valley Water District's Reference Evapotranspiration Table, a copy of which may be obtained from either the Planning Department or the Coachella Valley Water District. i/. Water budget calculations shall adhere to the following requirements: (A) The plant factor used shall be from the "Water Use Classifications of Landscape Species U/" (WUCOLS //Q, prepared by the University of California Cooperative Extension and California Department of Water Resources. The plant factors range from 0 to 0.3 for the low use plants, from 0.4 to 0.6 for the moderate use plants, from 0.7 to 1.0 for the high use plants and 1. 1 to 1.2 for water features. •12 284 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (B) All water features shall be included in the 1.1 to 1.2 hydrozone and temporary irrigated areas shall be included in the low water use hydrozone. 2. The Annual Maximum Applied Water Allowance. a. A project's annual maximum applied water allowance shall be calculated using the following formula: MAWA = (ETo) (0.5) (LA) (0.62) where: MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (i.e., seventy-five inches per year) 0.5 = ET adjustment factor LA = Landscaped area (square feet) 0.62 = Conversion factor (to gallons per square foot) b. An example calculation of the annual maximum applied water allowance is: Project site: Landscape area of fifty thousand square feet in Zone No. 3a of the Coachella Valley ETo Map. MAWA = (ETo) (0.5) (LA) (0.62) (75.0 inches) (0.5) (50,000 square feet) (0.62) Maximum applied water allowance = 1,162,500 gallons per year, 1,554 hundred -cubic -feet per year (billing units), 3.56 acre feet/acre per year or 42.7 inches of water per year. 3. Estimated Annual Applied Water Use. a. The annual estimated applied water use shall not exceed the annual maximum applied water allowance. b. A calculation of the estimated annual applied water use shall be submitted with the landscape documentation package. 13 285 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design C. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, the project applicant shall refer to the localized ETo value on the current Coachella Valley ETo Map, prepared by the Coachella Valley Water District. a. d. The estimated annual total water use for each hydrozone is calculated from the following formula: EWU (hydrozones) = (ETo) (PF) (HA) (0.62)/748 (in 100 cubic feet) (IE) EWU (hydrozone) = Estimated water use (gallons per year) ETo = Reference evapotranspiration (i.e., ETo Zone 3a = seventy-five inches per year) PF = Plant factor (see definitions) HA = Hydrozone area (square feet) (0.62) = Conversion factor (IE) = Irrigation efficiency (see definitions) 748 = Conversion to billing units (one hundred cubic feet = 748 gallons = 9 CVWD billing unit) 4. Estimated Annual Total Water Use. A calculation of the estimated annual total hydrozone water use shall be submitted with the Final Landscaping Plan submittal. The estimated annual total water use for the entire landscaped area equals the sum of the estimated annual water use (EWU) of all hydrozones in that landscaped area. 5. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the Final Landscaping Plan submittal. a. Plant Selection and Grouping. i. Any plants may be used in the landscape, providing the estimated annual applied water use recommended does not exceed the maximum annual applied water allowance and that the plants meet the specifications set forth in " , this section. 14 236 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design ii. Plants having similar water use shall be grouped together in distinct hydrozones. iii. Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged whenever it is consistent with the other provisions of this chapter. iv. A landscape design plan for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire -prone plant materials and highly flammable mulches. V. The use of invasive and/or noxious plant species is strongly discouraged. Applicants should consult the Invasive Plant Inventory prepared by the California Invasive Plant Council prior to the selection of any plant species for landscaping. vi. Applicants shall consult the most current list of prohibited and restricted plant species prepared by the Riverside County Agricultural Commissioner prior to the selection of any plant species for landscaping. Restricted plant species shall be approved or cleared by the Agricultural Commissioner and obtained from an authorized local supplier. vii. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, property owners associations, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. b. Water Features. i. Recirculating water shall be used for decorative water features. ii. Water features shall be appropriately sized and designed for functional and recreational purposes in conjunction with recreational amenities, placed at a location visible from adjacent residential or commercial uses, and serve a functional 15 287 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design purpose such as storm water retention, interactive play, irrigation storage, and/or wildlife habitat. iii. All water features shall be replenished by a non -potable water supply unless otherwise conditioned or approved by the Planning Commission. Where available, recycled water shall be used as a source for decorative water features. iv. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. c. Landscape Design Plan Specifications. The Final Landscaping Plans shall be designed in accord with the requirements of the local water purveyor. The landscape design plan shall be drawn on 36 inch -by 24-inch project base sheets at a scale that accurately and clearly identifies: i. Designation of hydrozones, including the Total Estimated Annual Applied Water Use for each major plant group hydrozone and water feature hydrozone (if water features have been approved). ii. Landscape materials, trees, shrubs, groundcover, turf and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, water use classification, container size, spacing and quantities of each group of plants indicated; iii. Property lines, tract name, tract number or parcel number, and street names; iv. Streets, driveways, walkways and other paved areas; v. Pools, ponds, water features, fences and retaining walls; vi. Existing and proposed buildings and structures including elevation, if applicable; vii. Location of all overhead and underground utilities; viii. Natural features including but not limited to rock outcroppings, existing trees and shrubs that will remain; ix. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details; 16 288 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design x. A calculation of the total landscaped area; and xi. Designation of recreational turf areas. d. Design and Placement of Turf. i. Turf shall be placed within functional and accessible recreational areas. Turf placement is discouraged at locations adjacent to perimeter streets and sidewalks and those locations having limited visibility and/or pedestrian activity. ii. All typical landscaping plans for prototypical residential units (tract homes) shall include a no -turf option. iii. Long, narrow or irregularly shaped turf areas shall not be designed because of the difficulty in irrigating uniformly without overspray onto hardscaped areas, streets, and sidewalks. Landscape areas less than 8 feet in width shall not be designed with turf. Turf will be allowed in these areas only if irrigation design reflects the use of subsurface irrigation or a surface flow/wick irrigation system. iv. Turf areas irrigated with spray/rotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto streets hardscape. An undulating landscape buffer area created by the setback shall be designed with rocks, cobble or decomposed granite and/or can be landscaped with drip irrigated shrubs/accents or covered with a suitable ground cover. v. Turf is prohibited on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). vi. Turf grass coverage shall be limited to no more than 50% (fifty percent) of any project's total landscaped area. e. Design and placement of Groundcover and Mulch. .. 17 289 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design i. The use of a soil covering mulch or a mineral groundcover of a minimum two-inch depth to reduce soil surface evaporation is required around trees, shrubs, and on non -irrigated areas. The use of boulders and creek stones shall be considered to reduce the total vegetation area. These areas have should have enough shade to avoid reflected or retained heat. ii. Stabilizing mulching products shall be used on slopes. K. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected. f. Stormwater best management practices. I The landscaping plans shall identify the location and installation details of any applicable Stormwater best management practices that encourage on -site retention and infiltration of Stormwater. Stormwater best management practices are strongly encouraged in the landscape design plan and examples include, but are not limited to: (A) Infiltration beds, swales, and basins, that allow water to collect and soak into the ground, (B) Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; (C) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff,• and (D) Any applicable rain harvesting or catchment technologies used (e.g., rain gardens, cisterns, etc.). ii. All stormwater best management practices identified on the Final Landscaping Plans shall be prepared by the landscape architect in conjunction with the Engineer of Record preparing the Water Quality Management Plan, grading plans, and other related engineering plans. 6. Irrigation Design Plan. An iRigatian design plan Fneeting the following 18 290 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design Now -0I' 1 - - - - - -- ---- - -- • a' e' eMOM- • NE 19 291 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design The 'RstallatieR Of I .d t' systems (dual diStFibution 6. +' IP`II6111.1(") of this seation. 20 2 L Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design I. I -"'._.. and size _F s _ 8te . ateF FneteFG Fe. the landseapei Statie wateF PFesSUFe at the POiRtF et'ee to the water c PIV 21 293 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design a. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufactures recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following criteria shall be submitted as part of the Final Landscaping Plan submittal. b. Separate landscape water meters shall be installed for all projects except single family homes. When irrigation water is from a well, the well shall be metered. The irrigation design plan shall be drawn on project base sheets. It should be on separate pages from, but use the same format as, the landscape design plans. The irrigation system specifications shall accurately and clearly identify the following: L Specifications for Irrigation Design. (A) Control valves, manufacturer's model number, size and location. (B) Irrigation head manufacturer's model number, radius, operating pressure, gallons per minute/gallons per hour (gpm/gph) and location. (C) Piping type, size and location. 22 294 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (D) Power supply/electrical access and location. (E) Plan scale and north arrow on all sheets. (F) Irrigation installation details and notes/specifications. (G) Graphic scaling on all irrigation design sheets. (H) The irrigation system shall be automatic, constructed to discourage vandalism, and simple to maintain. Irrigation equipment shall be screened from view when installed adjacent to pedestrian areas and public rights -of -way. (1) All equipment shall be of proven design with local service available. (J) Control valves shall be rated at 200 psi. (K) Visible sprinklers near hardscape shall be of pop up design. (L) All heads should have a minimum number of wearing pieces with an extended life cycle. (M) Sprinklers, drippers, valves, etc., must be operated within manufacturers specifications. (N) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a mainline break) or routine repair. (0) High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended. (P) The following statement I have complied with the criteria of the ordinance and have applied them accordingly for the efficient use of water in the irrigation design plan. " shall be identified on the irrigation plans and include the landscape architect's signature. ii. Specifications for Irrigation Efficiency. The minimum irrigation efficiency shall be 0.71 (71 %). Greater irrigation efficiencies are expected from well -designed and maintained systems. The following are required: 23 295 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (A) Design spray head and rotor head stations with consideration for worst wind conditions. Close spacing and low -angle nozzles are required in high and frequent wind areas (Coachella Valley Water District ETo Zone No. 5). (8) Spacing of sprinkler heads shall not exceed manufacturer's maximum recommendations for proper coverage. The plan design shall show a minimum of 0.75 (75%) distribution uniformity. (C) Only irrigation heads with matched precipitation rates shall be circuited on the same valve. (D) Valve circuiting shall be designed to be consistent with hydrozones. (E) Individual hydrozones that mix plants that are moderate and low water use may be allowed if the plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or if the plant factor of the higher water using plant is used for the calculations. (F) Individual hydrozones that mix high and low water use plants shall not be permitted. (G) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table. This table can assist with pre inspection and final inspection of the irrigation system, and programming the controller. N. Irrigation System Design (A) Point of connection or source of water and static water pressure. (B) Meter location and size (where applicable). (C) Pump station location and pumping capacity (where applicable). (D) Reduced pressure backflow prevention devices shall be installed behind meter at curb by the District. (E) Show location, station number, size and design gpm of each valve on plan. 24 296 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (F) Smart Controller details shall be specified for all projects. This includes climate based or sensor based controllers, which can automatically adjust for local weather and/or site conditions. (G) High flow check valves shall be installed in or under a// heads adjacent to street curbing, parking lots and where damage could occur to property due to flooding, unless controllers with flow sensor capabilities are specified that can automatically shut off individual control valves when excess flow is detected. (H) Pressure compensating screens/devices shall be specified on all spray heads to reduce radius as needed to prevent overthrow onto hardscape and/or to control high pressure misting. (/) All irrigation systems shall be designed to avoid runoff onto hardscape from low head drainage, overspray and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. (J) Rotor type heads shall be set back a minimum of 4 feet from hardscape. (K) The use of drip, microirrigation or pressure compensating bubblers or other systems with efficiencies of 90 percent or greater is required for all shrubs and trees. Small, narrow (less than 8 feet), irregularly shaped or sloping areas shall be irrigated with drip, microspray or PC (pressure compensating) bubbler heads. (L) Trees in turf areas shall be on a separate station to provide proper deep watering. iv. Street median irrigation system design (A) No overhead sprinkler irrigation system shall be installed in median strips or in is/ands. (B) Median is/ands or strips shall be designed with either a drip emitter to each plant or subsurface irrigation. PC bubblers are acceptable for trees only. v. Drip Irrigation Design (A) The drip system must be sized for mature -size plants. (B) The irrigation system should complete all irrigation cycles dudng�peak use in about 12 hours. Normally, each irrigation controller should not have more than four drip stations that operate simultaneously. 25 297 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (C) Field installed below ground pipe connections shall be threaded PVC or glued PVC. Surface laid hose and tubing is not allowed. Microtube distribution is not allowed unless emitter/manifold is installed in an access box. Microtubing must be buried at least 6 inches below grade and the end of microtubing must be secured by a stake. The maximum length of microtubing must be specified on the plan to be 10 feet or less. (D) Proportion gallons per day per plant according to plant size. The following sizing chart is for peak water use. The low to high end of the range is according to the relative water requirements of the plants. The low end is for desert natives and the high end is for medium water use type plants. Size of Plant Gallons Per Day Large trees (over 30-foot diameter) 58+ to 97+ Medium trees (about 18-foot diameter) 21 to 35 Small trees/large shrubs (9-foot diameter) 6 to 10 Medium shrubs (3.5-foot diameter) .8 to 1.3 Small shrubs/groundcover .5 or less (E) Plants with widely differing water requirements shall be valved separately. As an example, separate trees from small shrubs and cactus from other shrubs. Multiple emitter point sources of water for large shrubs and trees must provide continuous bands of moisture from the root ball out to the mature drip line plus 20 percent of the plant diameter. (F) Most plants require 50 percent or more of the soil volume within the drip line to be wetted by the irrigation system. vi. Recycled Water Specifications (A) When a site has recycled water available or is in an area that will have recycled water available as irrigation water, the irrigation system shall be installed using the industry standard purple colored or marked `Recycled Water Do Not Drink" on pipes, valves and sprinkler heads. (B) The backup groundwater supply (well water or domestic water) shall be metered. Backup supply water is only for emergencies when recycled water is not available. 26 298 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (C) Recycled water users must comply with all county, state and federal health regulations. Cross connection control shall require a 6-inch air gap system or a reduced pressure backflow device. All retrofitted systems shall be dye tested before being put into service. (D) Where available, recycled water shall be used as a source for decorative water features. (E) Sites using recycled water are not exempted from the Maximum Water Allowance, prescribed water audits or the provisions of these criteria. (F) A Recycled Water Checklist shall be submitted upon submittal of the first plan check of the Final Landscape Plan submittal, an example of which may be obtained from the Planning Department or Coachella Valley Water District. vd. Non -potable Irrigation Water Specifications a. When a site is using non -potable irrigation water that is not recycled water (from an on -site well, Bureau of Reclamation irrigation lines, or from canal water) all hose bibs shall be loose key type and quick coupler valves shall be of locking type with non -potable markings or signs to prevent possible accidental drinking of this water. b. Sites using non -potable irrigation water are not exempted from the Maximum Annual Applied Water Allowance, prescribed water audits or the provisions of these criteria. 7. Groundwater Water Specifications a. Sites using groundwater irrigation water from wells are not exempted from the Maximum Annual Applied Water Allowance, prescribed water audits or the provisions of these criteria. 7. Grading Design Plan. oFading GFdmnaRF;p and the fallowing eenditiens shall be sUbMitted as paFt of the 27 299 Ordinance No. EXHIBIT 1 Chapter S.13 Water Efficient Landscaping and Irrigation System Design a. For efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A landscape grading plan shall be submitted as a part of the Final Landscaping Plan submittal package. A comprehensive grading plan prepared by a civil engineer in coordination with the landscape architect satisfies this requirement. b. The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and -finish grade, and stormwater retention improvements, if applicable. C. To prevent excessive erosion and runoff, it is highly recommended that project applicants: i. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non -permeable hardscapes; ii. Avoid disruption of natural discharge drainage patterns and undisturbed soil.• and M. Avoid soil compaction in landscape areas. d. The grading design plan shall contain the following statement: '% have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading plan. " e. Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding .75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Final Landscaping Plan submittal, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff must be confirmed during an irrigation audit. f. A# grading must retain normal stormwater runoff and provide for an area of containment. All irrigation water must be retained within property lines and not allowed to flow into public streets or into the public right-of-way. Where appropriate, a simulated dry creek bed may be used to convey storm drainage into retention areas. A drywell shall be installed if the retention basin is to be used as a recreational area. 28 300 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design g. Avoid mounded or sloped planting areas that contribute to runoff onto hardscape. Sloped planting areas above a hardscape area shall be avoided unless there is a drainage swale at toe of slope to direct runoff away from hardscape. h. Median islands must be graded to prevent stormwater and excess irrigation runoff. 8. Soil Analysis. ^�Knillat f sell te3ftdre d"Gating the available wateF holding a. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or their designated agent, as follows: L Submit soil samples to a laboratory for analysis and recommendation; ii. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants, N. The sot/ analysis shall include: (A) Determination of soil texture, indicating the available water holding capacity. (B) An appropriate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate. (C) Measure of pH, total soluble salts, and percent organic matter. 29 3 01 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design iv. The soil analysis report shall be submitted to the City as part of the Final Landscaping Plan, v. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and the irrigation plans to make any adjustments to the design plans. vi. The project applicant or their designated agent shall submit documentation verifying implementation of the soil analysis report recommendations to the local agency with the Certificate of Completion prior to final inspection. 9. Certification. a. An approval stamp and/or signature block from the Coachella Valley Water District and Riverside County Agricultural Commissioner shall be identified on the Final Landscaping Plans. Approval of Final Landscaping Plans from any outside agencies, if necessary, shall be obtained by the applicant prior to final approval of the plans by the planning director. D. Public Education. 1. Publications. a. The city, county or water district will, upon request, provide information to the public regarding the design, installation, and maintenance of water efficient landscapes. b. Information about the efficient use of landscape water shall be provided to water users throughout the community. c. The landscape architect will provide a site -specific landscape irrigation package for the homeowner or irrigation system operator. The package will include a set of drawings, a recommended monthly irrigation schedule and a recommended irrigation system maintenance schedule. d. Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape irrigation package: i. An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. The irrigation schedule shall: 30 3 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design (A) Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for the station; and (B) Provide the amount of applied water (in hundred cubic feet) recommended on a monthly and annual basis. (C) Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. (D) Whenever possible, landscape irrigation shall be scheduled between ten p.m. and five a.m. to avoid irrigating during times of high wind or high temperature. e. Maintenance Schedules. A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package: i. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, cleaning and repairing equipment; resetting the automatic controller, aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. ii. Repair of irrigation equipment shall be done with the originally specified materials or their approved equivalents. 2. Information shall be provided about designing, installing, and maintaining water efficient landscapes. E. Approval of Landscaping a. Final Landscaping Plans shall be approved by the Planning Director. Median landscaping plans located within private streets and public rights -of -way shall be reviewed by the Public Works Department and approved by the Planning Director. b. Planning staff shall field inspect all completed landscaping for compliance with the approved Final Landscaping Plans and Site Development Permit. Public Works staff shall inspect all median landscaping for compliance with the approved Final Landscaping Plans. Staif may, upo,rt;ek inspeGtion of the ..empleted „31 3 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design la aaru• FeqUiFethe I..Rds a ehitee+ to • bmit a signed and stamped Final Landseaping Plans. C. Prior to inspection, the landscape architect shall provide the planning department a copy of the official Certificate of Completion. The Certificate of Completion shall include all of the following: L Project information identifying the project's location, date of installation, and contact information for all persons involved,• ii. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Final Landscaping Plans, M. Irrigation scheduling parameters used to set the controller,• iv. Landscape and irrigation maintenance schedule; v. Irrigation audit report (if applicable); vi. Soil analysis report and documentation verifying implementation of $oil report recommendations; and vii. Any additional project information required by the City or local water purveyor. d. Final Certificates of Occupancy may be authorized for issuance once the Final Landscaping Plans have been approved, a Certificate of Completion has been submitted, and the landscaping and irrigation installation has been inspected and approved by both the City and the local water purveyor. Note: Authority cited: Section 65593, 65594, Government Code. Reference: Section 65593, 65596, 64497. (Ord. 392 § 3 (Exh. A)(part), 2003: Ord. 220 § 1 (Exh. A)(part), 1993) 8 13.040 Provisions for existing landscapes. A. Water Management. All existing landscaped areas whi h e)(,,eed 1.0 =_r_ including golf courses, green belts, common areas, multifamily housing, schools, businesses, public works, parks, and cemeteries may be subject to a landscape irrigation audit at the discretion of the water purveyor if 3? 304 Ordinance No. EXHIBIT 1 Chapter 8.13 Water Efficient Landscaping and Irrigation System Design the water purveyor has determined that the annual maximum applied water allowance has been exceeded feF a Fninimumof iwe 69n6eGutive yeaFS. At a minimum, the audit shall be conducted by a certified landscape irrigation auditor and shall be in accordance with the California Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference. (See Landscape Irrigation Audit Handbook, Department of Water Resources, Water Conservation Office (June, 1990, Version 5.5).). B. Water Waste Prevention. Water waste resulting from inefficient landscape irrigation including run-off, low -head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures shall be prohibited. All broken heads and pipes must be repaired within seventy-two hours of notification. Penalties for violation of these prohibitions shall be in accord with administrative citation guidelines as outlined in Section 1.09.020. Note: Authority cited: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) 8.13.050 Appeals. Decisions made by the Planning Director or Public Works Director may be appealed by an applicant, property owner(s), or designee(s) of any applicable project to the Planning Commission and thereafter the City Council by an application in writing to the Planning Director and City Clerk of the City Council respectively within fifteen days from the date of notification of decision. (Ord. 392 § 3 (Exh. A) (part), 2003: Ord. 220 § 1 (Exh. A) (part), 1993) 8.13.060 Effective date. The ordinance codified in this chapter will become effective on . All plans approved after are subject to the provisions of this Chapter. (Ord. 392 § 3 (Exh. A) (part), 2003) 33 3ji ATTACHMENT #1 Planning Commission Minutes November 10, 2009 Page 4 B. Zoning Ordinance Amendment 2009-099; a request by the City of La Quinta for consideration of an amendment to La Quinta Municipal Code Title 8, Chapter 13, updating the City's Water -Efficient Landscaping Ordinance affecting all locations City-wide. Principal Planner Andrew Mogensen presented the staff report on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Barrows commented on her involvement with a landscape ordinance she was working on with Coachella Valley Association of Governments (CVAG) and Coachella Valley Water District (CVWD) and stated this Ordinance would be going to the CVWD for their consideration. She referenced Page 9, 8.13.030 A. 1 . which stated: '...all new construction and and private development projects greater than 2,500 square feet." rehabilitated landscapes for public with a landscape area equal or She said CVWD staff had determined they were going to remove the 2500 square foot minimum, necessitating any project that has to obtain a permit be subject to the Ordinance. That would be the recommendation they would be forwarding to their board for consideration. Commissioner Barrows further commented that the CVWD ordinance was 30% more water -conservative than the State Model and spoke well for the direction of the Coachella Valley. Commissioner Weber said it would appear the staff review time would be increased and asked what kind of impact that would have. He said La Quinta and CVWD have done a fine job in protecting resources but was concerned about unfunded mandates, the use of additional resources, and the costs involved. Staff responded that was something that still needed to be addressed as the issue of rehabilitated landscapes was a new item. There were a lot of homeowners' associations looking at reduction of interior and Planning Commission Minutes November 10, 2009 Page 5 exterior turf areas and conversion to desertscape. The City's current concern was with the perimeter of these projects because of the publicly visibility. So, that would be the initial focus though the City would also be interested in the interior conversions. Staff was already talking about this prior to the State Model Ordinance matter coming up. Currently there is a fee schedule for final landscape review and staff has talked about utilizing that as well as the fact we are currently going through a major review of the fee schedule for both the Planning and Public Works Departments fees. The City does not want to be a deterrent to rehabilitation but there is a cost associated with review of these items. It will take some time to clearly define fees and propose them to the Council. Commissioner Weber asked if the typical home in the Cove, or North La Quinta would fall under the 2500 square foot limit. Staff responded there was a provision noted on Page 9, Item 3.a. which included an exemption for landscaping of single family residential projects with a total project landscape area of less than 5,000 square feet. As an example, the typical single family home front yard conversion to a desertscape design would be exempt from review. However, all non-residential rehabilitation projects as well as larger homeowner association perimeter, and other community areas, would have to go through the review process. Commissioner Weber said he was pleased to see the definition of mulch included decomposed granite. Commissioner Weber asked for more information on the turf slope issue. Staff responded this is an issue because turf is occasionally used as stabilization to help prevent erosion. The current standard is a 3:1 slope. The State Model Water Ordinance limits it to a 4:1 slope. Commissioner Weber used the example of the slopes on the north side of Avenue 48 and said there were going to have to be some significant remediation efforts to occur to meet standards. Planning Director Johnson said certainly that example had a lot of issues with it and the rehabilitation of erosion -related matters are going to be an interest of staff as they review those plans. Planning Commission Minutes November 10, 2009 Page 6 Chairman Alderson asked if the Planning Department staff would be doing the landscape plan checks. Principal Planner Mogensen responded they currently do landscape plan checks for all new projects, but this will mean they will be doing rehabilitated projects as well. Chairman Alderson asked if the Architecture and Landscape Review Committee (ALRC) would be reviewing any of these projects. Planning Director Johnson said they would not be reviewing rehabilitated projects as that would only require administrative review. Staff also pointed out that plan check review requires CVWD review and approval. Chairman Alderson referenced the soils analysis as mentioned on Page 29, 8.C.iv. "The soil analysis report shall be submitted to the City as part of the Final Landscaping Plan." He said he looked upon this analysis as having the same importance as a soils report does to the structural aspects of the building which is submitted with the initial plans. He asked why staff would not want to see the soils analysis initially so the developer could design accordingly. He felt it was untimely to be part of the final landscape plans. Staff responded the landscape architect should be looking at that very early in the process. Staff then explained the difference between the soils report and the soil analysis and mentioned this language was taken directly from the State Model Ordinance. Staff would anticipate and expect that a landscape architect would be considering that soils report early in the process to make sure they are planting the proper plants to survive in that environment or if they need to make modifications to ensure a high succession rate that they are taking that into account. Chairman Alderson commented on the City codes coordinating with the CVWD requirements and asked if CVWD ever took into consideration any of the City's suggestions. He then gave the examples of the requirement of the option of alternative desertscape landscape plans, and the 18-inch sprinkler setback to eliminate nuisance runoff. Staff responded the first items was unique to La 3)a Planning Commission Minutes November 10, 2009 Page 7 Quinta, by requiring a desertscape option to be available with model home complexes. The second item was in the previous Ordinance that the Commission considered, and was a CVWD-initiated matter which the City followed. Principal Planner Mogensen added it was a State Model requirement which was 24-inches from the curb instead of 18. Commissioner Barrows commented on Page 17, item iv. Which stated: "Turf areas irrigated with spray/rotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto streets..." She said water that runs off onto any hardscape was a problem whether it was a street or pavement and wanted to modify this section to read "...may result in runoff of water onto a hardscape, or paved surface...." or something as appropriate. Staff responded the text shown was taken out of the State Model Water Ordinance and there is a caveat that allows a wick irrigation system closer than 24 inches to the curb. The exception is an irrigation system that is actually underneath the turf. Commissioner Barrows wanted to point out that whether the water ran off onto the street, sidewalk, or other pavement, it was still nuisance water. She did not want the qualification of "onto streets" and wanted to change it to say "any other area that may result in runoff of water onto a hardscape" or words to that effect. Planning Director Johnson said they could certainly make that recommendation to the Council if directed. Staff gave an example and noted, for clarification, that the issue is that we don't want to be creating, be it onto a street or otherwise, any runoff -related matters relevant to overspray or nuisance water creation. Commissioner Barrows said that was right and this Ordinance references runoff. Staff said there was an existing wastewater prevention clause, on Page 33 B, that was approved by Council in 2008. That clause allows Code Enforcement to enforce water waste. Commissioner Barrows said she wanted to make the change so both sections would be consistent with this provision. U9 Planning Commission Minutes November 10, 2009 Page 8 Commissioner Weber asked if it was appropriate for the Planning Commission to make the adjustment. Staff said they would be making a recommendation to Council and could include the modification. Staff would make sure it was reflected in the ordinance introduced to Council. Commissioner Weber pointed out Item e, on Page 31- Maintenance Schedules. The Item states: "A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package". He asked if staff could provide a more detail on that item. Principal Planner Mogensen said that was part of the State Model Water Ordinance. It would be part of the application items when final landscaping plans are submitted for approval and would be required to obtain a Certificate of Completion. The job card would not be signed off unless this item was submitted. Commissioner Weber asked if the applicant would have to go into detail on day-to-day maintenance. Commissioner Barrows said the applicant would have to provide the maintenance schedule, but the Ordinance doesn't describe the enforcement. Commissioner Weber was concerned about how the enforcement, of this clause, would be handled. Planning Director Johnson said they would not be going to every site asking for a maintenance schedule. However, if there were an issue with a system either in response to a complaint, or by observation of Code Enforcement personnel, the City would have the ability to correct that problem. Additionally, if there continues to be an issue, the City can require a maintenance schedule to be reviewed and considered by staff. Chairman Alderson pointed out an item on Page 17.5.d.iii, referencing "...Landscape areas less than 8 feet in width shall not be designed with turf." He applauded the fact these small, confined, narrow areas would not include turf. There being no further questions of the staff, and with the applicant being the City, Chairman Alderson asked if there was any public comment. 3�0 Planning Commission Minutes November 10, 2009 Page 9 There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Barrows complimented staff on their efforts to bring this forward after spending so much time on it. She said they did a great job and she appreciated it. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-031 recommending approval of Zoning Ordinance Amendment 2009-099 with the following amendment: "Turf areas irrigated with spray/rotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto hardscape." "As per" the provision identified in item 8.13.040 B regarding Waste Water Prevention - include recommendation to Council. Unanimously approved. 31l COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Consideration of a "Community Video Showcase Program" in Conjunction with the National League of Cities and CGI Communications RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 5 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize participation in a "Community Video Showcase Program" in conjunction with the National League of Cities and CGI Communications, Inc. FISCAL IMPLICATIONS: There is no cost to the City to participate in this program; however, there will be costs for staff time to oversee the program. Staff costs have not been determined but can be worked into the existing budget and work program. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. BACKGROUND AND OVERVIEW: The National League of Cities recently contacted the City to promote its "Community Showcase Video Program." Approximately seven years ago, the National League of Cities ("NLC") partnered with CGI Communications ("CGI") to provide streaming website videos to NLC members at no charge. The program consists of at least seven customized videos (each approximately one minute long) covering a range of topics from a welcome message, quality of life, education, real estate/relocation, to economic development, and other topics as selected by the cities. CGI provides script writing and video content consultation; City staff has final approval of scripts and video content. CGI sends a film crew to the City to obtain footage, which takes about two 31 weeks, and then provides all editing, voiceovers, and background music. City staff approves the videos before they go live on the City's website. The videos are then organized as a "Video TourBook" — the actual videos are stored on and streamed from CGI's dedicated server, and links to the videos are placed on the City's website. It should be noted that the videos will open within the City's website; when the video finishes, the visitor would still be on the City's website. The videos are designed to promote the community to a variety of interested parties, including tourists, site selectors, area residents, and potential residents. The videos can also serve as an effective tool for economic development. CGI will provide website tracking services to measure how many "hits" the Video TourBook receives, as well as where the "hits" originate. An informational brochure and list of participating cities is included as Attachment 1. The program commitment is for three years; CGI reports that the majority of participating cities choose to renew the program. In order to offer this service free to cities, CGI solicits local business sponsorships. The NLC does not subsidize CGI. The sponsorships range in cost from $895 to $5,795 (if paid in full up front). A sponsor price list is included as Attachment 2. The sponsorship includes a video, which can be produced by CGI or the sponsor, which is also stored on CGI's server. The sponsor's logo appears in a frame around the City's videos — a visitor can click on the sponsor's logo, and a separate window will open and play the sponsor's video. The sponsor can also opt to have CGI track the "hits" on its video. When the video is finished and the window is closed, the visitor remains in the City's website. Per CGI's agreement with NLC, CGI will produce the videos regardless of the number of sponsorships procured. (However, CGI did note that if the City opted to not have CGI solicit sponsorships, the City's cost for this program would be $30,000.) Given the commercial sponsorship aspect of this program, the Video TourBook would be limited to the City's "PlaylnLaQuinta.com" website. City staff reviewed Video TourBooks on numerous California websites, including the City of Napa, due to its tourism -oriented economy. City staff has discussed the program with City of Napa staff. The program went live on their website last fall, and they were very pleased with the production process and results. The City's marketing firm, Furino/Greene, also reviewed the program. They believe this is a positive addition to the City's cooperative marketing program, offering another advertising option for City businesses. By way of background, the City's current cooperative marketing program serves as a partnership between the City and La Quinta's general consumer businesses (such as retailers, restaurants, hotels, and spas). The program is designed to assist La Quinta businesses by subsidizing various advertising opportunities including print, television, radio, and online. The Video TourBook program could complement the City's cooperative marketing program by targeting the larger national retailers and service -oriented businesses (i.e., real estate, finance, banking, attorneys, etc.). 31 �S Because this is zero -cost program, the City Manager can enter into the agreement without formal City Council action. A contract will be prepared that includes the standard insurance and indemnity requirements. Staff will conduct a demonstration of the "Video TourBook" program during the Council meeting. NDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize participation in a "Community Video Showcase Program" in conjunction with the National League of Cities and CGI Communications, Inc.; or 2. Do not authorize participation in a "Community Video Showcase Program" in conjunction with the National League of Cities and CGI Communications, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. RIGns Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Informational Brochure 2. CGI Sponsor Pricing Structure 314 ATTACHMENT 1 Summary of Community Video Showcase Program CGI Communications, Inc. has entered into a partnership with the US Conference and National League of Cities to launch the technology that CGI has developed for Streaming Video applications on the internet. As a result of this partnership, the City of La Quinta has been presented with the opportunity to receive a fully produced, NO COST Community Video Showcase program to be placed on your City's website. Our Streaming Video Tour Book is an invaluable tool for the City of La Quinta to enhance its website by adding a video welcome message, and to showcase your community in a powerful, new and innovative way. We will come to your location with our film crew to videotape the necessary footage to fully produce the Welcome video PLUS 6 additional community highlight videos on topics such as relocation, business and industry, education, etc. The program will be customized to showcase the best of what La Quinta has to offer to residents, visitors, and your business community. Also with the click of a button you will be able to send your whole video interface to anyone in the world with an email address. The videos will not come in as an attachment or a download, they will automatically buffer and play for the end user. Whether it be a recruiter, site locator, future resident, or visitor you will now have a powerful and cutting edge way to answer all questions about your community! In addition the City of La Quinta will be able to track video viewership on their website though our SmartTrackT" technology. Our innovative tracking technology will show you not only which video has been viewed and when, but also what community it was viewed from, allowing the City to further tailor their website to meet the individual needs of the end user. To view an example of our Video Tour Book, please click here: http://www.cityofeasley.com/ hh�://www.evansvillegov.org/ In addition to the videos we will produce for.and about your community, we will also provide your local business community with the opportunity to utilize our technology by having their own video produced for them if they so choose thus providing them with a cutting edge way to showcase and promote themselves! It is solely CGI's responsibility to offer your local businesses an opportunity for participation. The City bears no liability whatsoever. The addition of this Video Tour Book will truly make your City's website the focal point on the internet for information about La Quinta. Whether you are actively promoting tourism, recruiting businesses for economic development, or simply looking for ways to provide the public with additional information about your community, this is a progressive opportunity to assist you with achieving your marketing objectives. With no financial investment from City funds, we've eliminated the need for lengthy budget meetings and approval processes, therefore allowing us to begin production immediately! Thank you for taking the time to review our proposed program for the City of La Quinta. We look forward to working with you! ��. 0-b- (�� Nicole Rongo Marketing Manager 800.398.3029 x 203 nicoler@cgicommunications.com 31 `, M M �uu I A Od 1� 14�� "1 You can showcase your community through FREE streaming video content A, and other digital media tools that are customized for your community. The Video TourBook is an invaluable tool for communities to enhance their websites by adding a video welcome message and to showcase their community in a powerful new and innovative way. Whether it be a recruiter, site locator, future resident, or visitor you will now have a A cutting -edge way to answer all questions about your community! The NLC Community Showcase Video Program is designed to meet these '41 promotional needs of communities large and small. Not only is online video a key part of this program but CGI Communications, NLC's program partner, also provides video tracking, video business cards, avatars or website tour guides, interactive maps, and other tools to help even the most technoloically advanced community better engage its online audience. Ed There is no cost to your city to take part in this program. J� nvilpri, National League of Cities k 310 CGI Communications has worked on similar programs with over 2,000 communities in North America and is proud to offer this special program. It is not only cost-free but provides multiple benefits to participating I communities. Just a few benefits of this program: onsite video filming scriptwriting and video content consultation video production including editing, voiceovers, and background music storage and streaming of all videos produced video tracking and other metrics 31 j: promotion of economic growth within the community elimination of the costs traditionally associated with promotional programs better communication with online visitors complements Go Green and paperless initiatives To obtain more information about this program, visit NLC's website at ' "NA, vlrrllllfxcxi-q. Cities may sign up for a demonstration of this program and how it can specifically benefit your community by filling out the attached form or submitting a request at Tll 31 i e "+i s k 7 Yi t C, e' 9 on i si�'a: v'6 �5,, h.9 �.I`k. ii"s3y'Riz,. �:a�i#€`§S° k;Ev �`3I L+� i ak,.i Ili �w2iL�Fn ,j Y,aa}`j tr a;i Cmr itl .n,,. Alabama Salinas Hinesville Kansas Saline Kinston Oklahoma Port Arthur Anniston San Leandro Norcross Derby Troy Lincolnton Lawton San Angelo Cullman Signal Hill Powder Springs Hays Ypsilanti Monroe Muskogee Terrell Florence South El Monte Rome Junction City New Bern Texas City Gadsden Stockton Waycross Kansas City Minnesota Reidsville Oregon White Settlement Helena West Covina Woodstock Merriam Albert Lea Shelby Albany Montgomery Newton Columbia Heights Wilson Dallas Utah Opelika Colorado Iowa Parsons Coon Rapids Keizer Bountiful Ozark. Brighton. Burlington Crystal North Dakota Milwaukee Clearfield Prattville Centennial Clinton Kentucky Duluth Dickinson Layton Robertsdale Commerce City Waterloo Florence Eden Prairie Fargo Pennsylvania South Ogden Scottsboro. Greeley Madisonville Hopkins Grand Forks Carlisle West Valley City Selma Windsor Idaho Maple Grove Jamestown Chambersburg Wood Cross City Sylacauga Boise Louisiana New Ulm Easton Tuscumbia Connecticut Caldwell Bogbma Northfield Nebraska Greensburg Virginia Bridgeport Moscow Crowley Robbinsdale Gering West Chester Fairfax Arkansas Meriden. Rexburg Gretna St Louis Park Grand island Wilkes Barre Hampton Fayetteville Lafayette Stillwater La Vista Wyomissing Harrisburg Springdale Delaware Illinois Morgan City Winona York Hopewell West Memphis Arizona Bullhead City Show Low Wittenberg California Apple Valley Artesia Azusa Brea Carson Claremont Galt Grass Valley Hemet La Puente Millbrae Milpitas Oakland Pinole Rancho Cordova Redondo Beach Riverside Rohnert Park Rosemead Dover Georgetown Lewes Milford Newark Seaford Florida Aventura Boynton Beach Cocoa Dunedin Hallandale Beach Key West Miami Gardens North Miami Beach Oldsmar Orlando Pembroke Pines Riviera Beach. Tallahassee Venice Wilton Manors Georgia Conyers Gainesville Bolingbrook. Bradley Chicago Ridge East Moline East St Louis Elmwood Park Matteson Moline Niles O'Fallon Rochelle Rolling Meadows Romeoville Tinley Park Vernon Hills Villa Park Indiana Evansville Fort Wayne Greenwood Griffith Hammond Jeffersonville Lebanon West Lafayette Pineville Plaquemine Shreveport Sulphur Thibodaux Massachusetts Fall River Salem Maryland Aberdeen Be] Air Cumberland Salisbury Maine Auburn Lewiston Scarborough Michigan Burton Ferndale Gross Polnte Woods Madison Heights Rochester New Hampshire Missouri Manchester South Carolina Washington Blue Springs North Charleston Everett Gladstone Newlersey Federal Way Grandview Orange South Dakota Mukilteo Joplin Plainfield Brookings Vancouver Moberly Rapid City Washougal Mississippi Columbus Greenwood Gulfport Hattiesburg Jackson Ocean Springs Pascagoula Ridgeland North Carolina Apex Asheboro Clinton Fuquay-Varina Franklin Holly Springs Kernersville Kings Mountain New Mexico Artesia Carlsbad Newyork Albany Rochester Syracuse While Plains Ohlo Gehenna Grove City Painesville Pickerington Reynoldsburg Springfield Xenia Youngstown Tennessee Athens Bartlett Clinton Farragut Martin Millington Morristown Pulaski Texas Abilene Burleson DeSoto Grand Prairie Kennedale Nacogdoches North Richland Hills Pharr Wisconsin Wausau West Virginia Beckley Parkersburg Wyoming Green River 318 ATTACHMENT CGI Sponsor Pricing Structure Bronze Package: $995 ($895 if paid in full) • Chapter Sponsorship • Full Color Logo • Link to Webpage • Profile Page Available Silver Package: $2,995 ($2,795 if paid in full) • Chapter Sponsorship -- Full Color Logo 30-second Professionally Produced PhotoVideoTM Link to Webpage 12 Months Free Video Streaming from your own website Logo Branded One -Click TM Video Player for your own website Gold Package: $5,995 ($5,795 if paid in full) Main Page Logo 12 Month Chapter Sponsorship Logo 60-second Professionally Produced Video • Link to Webpage 12 Months Free Video Streaming from your own Website - (See Example) Logo Branded One -Click TM Video Player for your website V-Cast Ability -- Unlimited Video Email 319 La� Q c 4 e(P Qu&rry AGENDA CATEGORY: c c E'k of "CNF,9 BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 15, 2009 CONSENT CALENDAR: ITEM TITLE: Discussion of Turf Reduction and STUDY SESSION: Landscape Plans for Fiscal Year 2009-2010 Green Projects PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Fiscal Year 2009-2010 Budget includes the following funding amounts: Funding for the Civic Center Campus Landscape is available in the amount of $80,000 from AB 939 funds. The cost and estimated savings for this project are: Landscape Cost $77,493 Estimated Annual Cost Savings $6,728 Funding for the Police Substation Landscape is available in the amount of $50,000 from Redevelopment Agency (RDA) Project Area No. 1. The cost and estimated savings for this project are: Landscape Cost $49,588 Estimated Annual Cost Savings $839 Funding for Fire Station #70 Landscape is available in the amount of $75,000. An appropriation from the Fire Trust Fund is needed in the amount of '$38,000. The cost and estimated savings for this project are: Landscape Cost $112,266 Estimated Annual Cost Savings $4,483 32)0 �J Funding for City Hall Landscape has not been appropriated and could be a second phase or funded with available AB939 funds. The cost and estimated savings for this project are: Landscape Cost $121,809 Estimated Annual Cost Savings $4,630 The cost savings estimates are based on the current usage and Coachella Valley Water District (CVWD) tier water rates. CHARTER CITY IMPLICATIONS: The Police Substation landscape improvements are funded through RDA Project Area No 1. Therefore, any work associated with this project will need to be at Prevailing Wage. BACKGROUND AND OVERVIEW: On December 4, 2007, the City Council approved a cooperative Landscape Water Management Program to develop a partnership with CVWD. Included in the cooperative program with CVWD is the continuation and expansion of the City/CVWD Weather Based Irrigation program and a Cooperative Landscape Water Management program which contains five main components: 1. Water management opportunities on City properties 2. Water management opportunities in single-family homes 3. Water management opportunities for homeowner association properties 4. Water management opportunities on golf courses 5. Public relations opportunities On March 4, 2008, the City Council adopted a Resolution agreeing to participate in the CVAG Energy Conservation and Resource Sustainability Program. The resolution is part of the Energy Conservation Action Plan adopted by the CVAG Executive Committee and provides an opportunity for CVAG jurisdictions to join in the regional conservation goal of reducing Valley -wide per capita energy consumption by 10 percent by the year 2012. The City is working with its conservation partners: Imperial Irrigation District, CVWD, Southern California Gas Company, and Burrtec Waste & Recycling to find ways to educate La Quinta residents and to assist them with valuable conservation programs and incentives. 31 CVWD is working with City staff to find ways that the community can become educated on efficient water use. In Fiscal Year 2008-2009, the City completed several "Green Projects" within the parks as examples of landscape projects that residents can do to improve water efficiency and provide long term cost savings. These projects included: • Removing turf (18-inches back) along the length of the west wall at Saguaro Park; • Removing grass islands between the sidewalk and street at Adams Park and replaced it with plants and decomposed granite; • Replacing turf between the City Hall south parking lot and the Civic Center Campus with plants, drip irrigation and decomposed granite; • Replacing turf between the fence and curb at both Eisenhower Park and Velasco Park with plants, drip irrigation, and decomposed granite; • Planting desert landscaping and decomposed granite in front of the La Quinta Senior Center. In addition to these examples, the RDA has undertaken several water conservation efforts. All 27 RDA Cove homes have had smart irrigation controllers installed and two Cove homes have had front yard landscape conversions completed. City staff is continuing to work with CVWD to reduce unnecessary turf areas throughout the City including the perimeter landscape of the Civic Center Campus and City Hall, the Police Sub -station, and Fire Station #70. These landscape conversion plans are being designed by Tom Doczi of TKD (Attachment 1). This firm developed the original design for the Civic Center Campus. Since the completion of the Civic Center Campus in 2002, the City has built the Library and expanded City Hall. This new perimeter landscape plan will tie the entire Campus landscape together by using lush desert plants, rocks, existing trees, and decomposed granite while retaining the usable turf area within the campus. The key components of this plan include: Civic Center Campus - Eliminating approximately 47,700 square feet of non -usable turf; - Reducing the annual usage of potable water by approximately 1,181,052 gallons; - Eliminating excess water and overspray from the streets and gutters; - Reducing areas requiring winter over -seeding; - Creating consistency throughout the landscape of the Civic Center Campus; City Hall Landscape - Eliminating approximately 52,300 square feet of non -usable turf; - Reducing the annual usage of potable water by approximately 1,294,948 gallons; Eliminating excess water and overspray from the streets and gutters; Reducing areas requiring winter over -seeding; Creating consistency throughout the landscape of the Civic Center Campus; Improving the appearance of the City Hall landscape at the south entrance and from the corner of Calle Tampico and Washington Street; Relocating existing public art at the south entry and create new spaces for public art; Police Substation Landscape - Eliminating approximately 7,500 square feet of non -usable turf; - Reducing the annual usage of potable water by approximately 203,082 gallons; - Eliminating excess water and overspray from the streets and gutters; - Reducing areas requiring winter over -seeding; - Creating a "Demonstration" landscape for residents to consider using for their homes. Fire'Station #70 Landscape - Eliminating approximately 35,000 square feet of non -usable turf; - Reducing the annual usage of potable water by approximately 1,085,356 gallons; - Eliminating excess water and overspray from the streets and gutters; - Reducing areas requiring winter over -seeding; - Creating a "rest area" for pedestrians, cyclists, and golf cart users. Respectfully submitted, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Landscape Conversion Plans U ATTACHMENT 1 3�� Q r 15 Q Z W .L vJ Z�'l � ' '_n a5,� R e� ^ z C) W W O 331 r wl r 1�1 W a L LU LU U O Z o m Z CAD > co (� Ua: Z — U. LU � O a `� LL co O rn wa W W ca i-L ci o L. ouj 0 w ~ :0 a a Z W r. 1 334 W a L LU LU U O Z o m Z CAD > co (� Ua: Z — U. LU � O a `� LL co O rn wa W W ca i-L ci o L. ouj 0 w ~ :0 a a Z W r. 1 334 t. .r o� YO� £ f h. I W Z Q s 5 #;� z t Jq x i t 1331i1S N0RCVW - ry- 3 �j` ier i Y�iii 4 :s�t6c' y`=SZo! lFitis — y m co W U 2 LU 2 Q m Z CL 2 a LL R 2 Q Q ° {{ O> 19=PAIS NOSIGVn J w F 4 s 1 a Z Ei r + 10 336 1 W z L ¢LU (Q U� 0 0 Q C� z O W v O Q U M Cn cLU z L W C) ttO w ccj Z p Z Z CD v o O W w wa ��L-u J Q rn wILUI w� z j O W m w � ct Wuj m o O w Q Q o 3 W z 337 L I cFM OF 7NE0 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 15, 2009 BUSINESS SESSION: ITEM TITLE: Discussion of Options Regarding the CONSENT CALENDAR: Widening of Fred Waring Drive, Between Adams o� Street and Port Maria Road STUDY SESSION: v;-- PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None to City. The County of Riverside proposes to construct the street and signal improvements at no cost to the City. However, since the Coachella Valley Association of Governments (CVAG) will reimburse the County for 75% of the cost of the improvements, depending on the option chosen, there may be impacts to CVAG's ability to deliver other regional projects in the future. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 18, 2008, the City Council conducted a Study Session for the purpose of reviewing the proposed Capital Improvement Plan (CIP) for Fiscal Years 2008- 2009 through 2012-2013. Following discussion, it was the consensus of the City Council that the City would take the steps necessary to widen Fred Waring Drive, between Washington Street and Jefferson Street, to accommodate six (6) lanes of travel. On April 15, 2008, the County of Riverside came before the Council to discuss interim improvements and alternatives for ultimate widening of Fred Waring Street between Adams Street and Port Maria Road. The County presented three alternatives and City staff presented possible concerns with the designs, including the following: • Safety of passing motorists as residents from Bermuda Dunes back onto Fred Waring from their driveways. • How left turns will be accommodated at Adams Street and Dune Palms Road. • Restricted turning movements at La Quinta Palms. • Indemnity from the County for allowing a non-standard roadway design. • The absence of a bike lane on the north side of Fred Waring Drive. • Noise impacts to residents on the south side of Fred Waring if centerline and the south side curb and gutter is allowed to be adjusted southward. • Who is responsible for reconstruction of improvements on the south side if an adjustment to the centerline is allowed? City Council allowed the County to proceed with the interim striping improvements with the understanding that the County would come back with more complete design options in the future. The City of La Quinta re -constructed and widened the segment of Fred Waring between Washington Street and Adams Street during the first four months of 2009. On July 21, 2009, the County came back before the City Council with three design alternatives, as part of the environmental processing for the project, and sought City Council input as to a preferred design alternative. City staff presented the alternatives with the City's concerns. The County proposed City shared funding of the improvements within the County's right-of-way and the Council directed the County to come back at a later meeting with refined alternatives and a funding plan that did not include City funding for this project. The County has now returned after conducting additional environmental studies, coordinating with CVAG on funding, and talking with affected residents on the north side of the street. The following alternatives will be presented by County staff for the City Council's consideration. Alternative No. 1: This alternative would widen and elevate the west bound lanes on the north side of Fred Waring Drive. This would require shifting the southerly curb and gutter five (5) feet to the south between Chapelton Drive and Dune Palms Road. This alternative would reduce the reconstruction of the residential driveways, but would 339 create a median with a steep cross slope (Attachment 1). It would also create possible utility impacts, reduce lane widths below the City's General Plan widths, eliminate mid -block left turns, eliminate westbound bike lanes and eliminate the sidewalk on the north side of the street. This alternative will minimize right-of-way acquisition and have the least impact to homes on the north side of the street. This alternative will also allow parking on the north side of Fred Waring and will provide a refuge lane for vehicles entering and exiting the driveways and for mail delivery vehicles. No striped bike lane would be provided; however, bicycles could use the widened shoulder on the north side of the road. Alternative No. 2: This alternative would widen the north side of Fred Waring Drive and construct the street to the City general plan cross-section (Attachment 2). This alternative would require extensive reworking of the private residential driveways, but would eliminate the need to reconstruct the south curb. It would also eliminate mid -block left turns, require up to 15 feet of right-of-way acquisition on the north side and a 20 foot sidewalk easement and would require acquisition and relocation of all homes on the north side. The remaining parcels may be unusable. A striped bike lane would be included on both sides of the street. Alternative No. 3: This alternative would widen Fred Waring Drive on the north side to match the existing road section west of Adams Street (Attachment 3). This alternative would require up to 3 feet of right-of-way acquisition on the north side and may require relocation of up to 5 homes. It would also require less extensive reworking of the existing driveways than Alternative No. 2 and would eliminate mid -block left turn movements. This alternative would also eliminate parking on the north side of the street, but will provide a refuge lane for vehicles entering and exiting the driveways and for mail delivery vehicles. No north side bike lane would be included in this option. General Plan Amendment: Based on the Riverside County Transit District report, the proposed Alternative Numbers 1 and 3 for Fred Waring Drive between Adams Street and Port Maria Road is inconsistent with the City's General Plan. This is due to Fred Waring Drive's designation as a Major Arterial and the proposed improvements being inconsistent with the General Plan cross section for a Major Arterial (Attachment 4). Specifically, the proposed improvements shrink the right-of-way to less than 120 feet, thereby eliminating bike lanes, which are not only a requirement of the Major Arterial designation but are also a requirement of the street's designation, as a Class II Bike Route. The narrower right-of-way would also decrease lane widths 14� 340 and the width of the median to less than general plan standards. Because of this, a General Plan Amendment would be required for design alternatives Nos. 1 and 3. The County respectfully requests that the City Council endorse Alternative No. 1 as the "Locally Preferred Alternative" and eliminate Alternative Nos. 2 and 3 from inclusion in the project. County staff believes pursuing Alternative No. 1 exclusively will streamline the environmental review of the project since a Negative Declaration would be required instead of an EIR. This will save 6-12 months of processing time and approximately $250,000 in cost. Alternative No. 1 also will reduce the construction cost by approximately $14 million over Alternative No. 2 since no homes would have to be acquired. Affected residences on the north side of Fred Waring objected to Alternative No. 3 via a petition submitted to the City and the County in October 2009 (Attachment No. 5). Therefore, County staff recommends this option be eliminated as well. Respectfully submitted, imothy R. ona n, P.E. Public W Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Cross Section Alternative #1 2. Cross Section Alternative #2 3. Cross Section Alternative #3 4. General Plan street cross sections 5. Fred Waring Home Owners — Email and Letter to the County 341 ATTACHMENT 4 ,A n..anf A T4ein� - (�;fi, Qtrnnf ' (Etcht l.�cs Aivi<led ntf�arj�jgg) MN Arterial - City Street 12 ' F(2ED WARtNf+ Aii�V6 _ Six Lanes divided.NY/bike lane 12' 8' 1.3' 13' 18' 13, 13, 8' 12' G Primary Arterial - B (Four Lanes divided, w/bike lane) inn. 12' 7' 12, 13 12' 1& 12' 7' 12' i € (Pour Lanes divided, w/bikc lane) Secondary Arterial I 88, 12' 1 14' - 12, I _12' 12' 14' -12' (Four Lanes undivided, no parking) Collector 9A, (Two Lanes undivided, w/bike lane) Local 101 _-1 ' ty 12' i (Two Lanes w/parking) Cul de Sac 50, 7' 18' 18' T 1 (Two Lanes. r 1 City of La Quinta Exhibit J TERRA NOVA General Plan i Planning & Rmarck Im Street Cross Sections - City Streets 34` ((e" (�QA �4 % Paae 1 of 1 AT U"Inr. Wanda Wise -Latta m A I I AUHMtN 1 0 From: RTRFPD@aol.com Sent: Sunday, November 15, 2009 6:18 PM To: MSALAMA@RCTLMA.ORG; district4@rcbos.org; Council; City Managers Office; Tim Jonasson; GJOHNSON@rctlma.org; Ed.Ng@lanengineering.com; AHUNECK@rctima.org; JPerez@rctlma.org; Tkirk@cvag.org Cc: RTRFPD@aol.com Subject: Fwd: Fred Waring Home Owners - LETTER TO THE COUNTY - SCANNED - 10-26-093IF Attachments: Letter to the County - Scanned - 10-26-09.tif To all concerned, This email as an attached letter signed by all but two of the home owners fronting on Fred Waring Drive between Dune Palms and Adams. We understand there have been a number of meetings between the City Officials, the County Officials and Mr. Kirk from CVAG to discuss the situation involving the potential to widen Fred Waring in front of our homes. We have had one home go into foreclosure, so the former owner, Lars Larson, is not available to sign the letter, and two owners had declined to sign the letter for personal reasons that I can not explain. The remaining 17 home owners have all signed the attached letter asking for you to make a permanent decision as it relates to the widening of the roadway and the impact that will have on us as home owners. We can accept any of the three options we have articulated in our letter but want your decision to be a final one without the threat of eminent domain being an issue in the future. Please do us the courtesy of making a permanent decision so we can get on with our lives and have the threats we have lived under for almost two years ended. The original letter will be mailed to Supervisor Benoit in the event original signatures are needed. Your consideration in this matter is greatly appreciated. With best regards, Ron Rowell From: Dhoper To: RTRFPD Sent: 11/13/2009 7:28:40 A.M. Pacific Standard Time Subj: LETTER TO THE COUNTY - SCANNED - 10-26-09.TIF 346 11/16/2009 CC October 25, 2009 County Board of Supervisors 4080 Lemon Street Riverside, CA 92501 Ronny T. Rowell 79320 Fred Waring Dr. Bermuda Dunes, CA 92203 760-345-9984 Mr, Don Adolf Mayor, City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Dear Supervisors, Mayor Adolf, and Director Kirk, Mr. Tom Kirk Director, CVAG 73710 Fred Waring Palm Desert, CA 92260 I am writing in behalf of the Fred Waring home owners to address our continued concern about the options being considered by the County Board of Supervisors, the City Council of La Quints and the Director of CVAG pertaining to the widening of Fred Waring between Adams and Dune Palms. At the City Council meeting, the County presented three options to consider as follows: 1. The CounWs preferred plan that raises the northern half of the roadway and moves the southern boundary five feet further south to allow for the third lane to be installed in each direction without taking any property from the home owners on the north side of the street while continuing to allow parking in front of the homes as exists today. 2. The houses would all be taken by eminent domain in order to install three lanes in each direction with a 30' landscaping area on the north side similar to what now exists on the south side of the roadway. 3. A "hybrid" option that would take from 3' to 7' of property from each of the houses, installing three lanes in each direction with landscaping and with no parking in front of any of the homes on the north side of the street. The third option was a surprise to us as we had no prior notice that option would be a consideration. The home owners have endorsed the first option and spoke about our endorsement at the Council meeting as well as in letters we have written to the "powers that be" to let you know we endorse the County's preferred plan. We DO NOT endorse the third option as it would greatly diminish our ability to utilize our homes if we had no parking in front and it would be entirely too dangerous for us to have little or no back out lane area for accessing the roadway to and from our homes. We are therefore writing to make dear that we want the third option presented at the City Council meeting taken completely off the table. Mo Solama reported to the Community Council meeting this month that the County will be recommending this option be omitted from consideration and replaced with a "new thins option" that of a "no build' which would leave the roadway as It is with two lanes in each direction or by adding a third lane going eastbound and two westbound, utilizing the available space without encroaching on the home owners or the City of La Quinta to provide additional space for a third lane westbound. That option, of course, would also be acceptable to us as home owners. We, as home owners, would and do endorse any of the following three options: 1. Build three lanes in both directions by utilizing the County's preferred plan. 2. Take our homes by eminent domain and pay us fair market value as of the time you put this threat on the table almost two years ago. ORA ec6L- 1.•• 347 Ronny T. Rowell 79320 Fred Waring Dr. Bermuda Dunes, CA 92203 760-M-9984 3. Leave the roadway in its present configuration with two lanes in each direction or with three lanes eastbound and two westbound as the new °no build" proposal. It is critically important to us that whatever decision is made, that decision be a "final" one, so we don't continue to be threatened for years down the road if the "no build" option is selected. We need to know our future is secure going forward so we can invest more into our homes without risk of further losses or sell our homes to potential buyers without this threat continuing to negatively impact our potential to sell our homes while reducing the value of our homes forever. Please help us by making a decision that makes sense for all of us and that will put an end to the state of limbo you have put us in for almost two years now. We have been very patient, non -litigious, and reasonable in working with the County and the City. It is time you made a decision that will put this matter to rest, one way or the other, for all time. We want and deserve some relief from all of this and hope you will respond with common sense and compassion in making a final decision that makes sense and that puts this nightmare behind us for good. Your consideration and quick response will be greatly appreciated. With best regards, Ron Rowell Representing the following home owners: J'{ ;1 Names Franky Contreras Brian and Kristen Westlake John and DeAnn Wolfe Nathan Bunyard Citlali Deaztlan James Lauritsen Jim Beekhuizen Tom Barber Virginia Brown Jim and Bonnie Auldridge Mamey Glace Sergio and Maria Espero Ron and Donna Rowell Alan Jeeves Daniel Witte Carol Feack Dave and Catherine Nadeau Ken Bernard Rick Majors Steve and Andrea Winke Lars Larson Address Ronny T. Rowell 79320 Fred Waring Dr. Bermuda Dunes, CA 92203 760-345-9984 Phone Number 79130 Fred Waring 408-6630 79140 Fred Waring 250-2924 79150 Fred Waring 79160 Fred Waring 79170 Fred Waring 79190 Fred Waring 79230 Fred Waring 79240 Fred Waring 79250 Fred Waring 79260 Fred Waring 79280 Fred Waring 79300 Fred Waring 79320 Fred Waring 79340Fred Waring 79360 Fred Waring 79380 Fred Waring 79400 Fred Waring 79420 Fred Waring 79440 Fred Waring 79480 Fred Waring 79550 Fred Waring 20OA141 636-363P 772-3466 578-5310 494-3081 345-4878 772-2921 345-5195 345-5238 345-9984 925-829-7579 250-8070 342-1891 834-8152 771-8512 360-7102 435-640-4438 I H aFp 6ti F•iA-K. REfv.ser� Te S G� StGN�D ��_ FA-x Kef"Sx--b '1-0 -sic, Home Foreclosed 349 FROM :Tom -Diane Barber FAX NO. '18199432321 Oct. 28 2009 05:50PM PI Franky ConNarae Brian and Kasten W5311AM John and DeAnn Wove Nathan Bunyaad Mali Deattlan James Lauritsen Jim Boekhuizen Tom Barber Virginie Brown Jim and Bonnie AuWMP Mamey Glace Sergio and Maria Espero ' Ron and Donna Rowell Alan Jaavea DBttiel Wttta CanA Fee* Dave and Catherine Nadeau Ken Bernard Rick M*M Steve and Andrea Winke Lars Larson Ronny T. Rowell 79320, Fred Waring Dr. Bermuda Dunes, CA 92203 79130 Fred Waring 408-WW 79140 Fred Waring, 250-2924 79160 Fred Waring 791W Fred Waring 7917D Fred Waring 79190 Fred Waring 79230 Fred Waring 79240 Fred Waring 79260 Fred Waring 70M Fred Waring 79280 Fred Waring 79300 Fred Waring 7=0 Fred Waring 79W Fred Waring 79300 Fred Waring 70380 Fred Waft MM Fred Waring 79M Fred Waring 79440 Fred Waft 794W Fred Waring 79550 Frad Waring 200.4141 M-3468 57"310 494-3061 346467E 772 2921 345-5195 345.5238 345-9984 925-829-7879 2SM70 342-16" 83"152 771-012 350.71M 4364MO.4438 350 To: Donne & Ronny Rowell Pepe 2 of 2 2009-10-28 23:09:14 (GMT) 1-7M282-3099 From: vamenne wnn Ronny T. RoweN 79M Fled War61g Dr. Bermuda Dunes, CA 9=3 760-345.OW Fra" Col vein 791.W FredVltaling 40843 M Brian and Kristen Westlake John and DeAnn Wolfe Nathan Bunyard Cttlaii Oemdan James Launtsen An Beekhrdzen Tom 88AW Ylrgirda Brown Jim and Bonnie Auldddge iWamey mce Sergio and remfa Ewew Ron and Donna Rowlyd Alan joeves DanidMe Gera► Fee* Dave and Catherine Nadeau Ken Bematd Mck rdMara Slave and Andrea Welke rare Larson 79f40 Fred Wstfng 250.2824 79150 Fred Wi311rtg 791W Fred Waling 78170 Fred vamp MW Fred Wafhlg 7SM Fred Waling 7em Fred viwuv 79M Ffed Wtaklg 7928g Fred Waltrip T9280 Fred Waring 794t3f1 Frog Walietg 7942D freo Waring 79440 Fr1rd VftdW 79M Fred Yhrft TOW Fled VAAV 772.34M 578-5310 494.3081 34R-4878 772.2921 345-5195 345-SM 345404 W54L79-7879 2504WM 242-IM 838-8152 771-M2 WO-7t02 43i640.4438 Horn; J=oleliosed �57 Now M Oa 1024a Ron Rowel Ronny T. ROM 79M F1rdVMmft Dr. 11e1MM& oufta.. 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Bermuda Du►a CA 92293 IW34S9994 Names Address Phone Number Fta�iq� i.astlaeraR 6nan af,4 Knstart 'ficSrit3ke .kaft and MAIM Thtrrams mar€i .FRS LaetfMY58n - Twn f alber 3�.3rrat8otocuc�- �fCUlleigE ' tufdnro-y iad3Ce �5Ff1 Ron am DOrf M Rcv--O Dania Wwo °4.arfi 3'e2 ^t Dave -and Oath erne_ Nxi w Kan &4 nam Rk,v.'wk" kur9 µ%Lw X61.'/ IffeB3 79LW Fired Y9 rog 4MM34 -'�v W Rea ti^taring 260-2SZ4 7.915OFriaWaAM9 < -aisa 7.EsA�if�Fee^,ttNJ'sais� &36-3r'.i39. 7-190 Fred wmnq 578-5310 y.3 F�=.cr 5n5�3'riSA" 4S4-BNI;. 7S240 Fred W.Iw wo .. 345,487Y 7. C5itFi,—ad VW?m 79260 Fred wing i F2.2rJ T 7W84I-Er&OW ring, 345-51CA 79360 IFmd V4Mwong 2'50,W, 01 79400 Fred PEr Mirrg . d34.8t5.2 '��F,J Ffc'.Ct lLlf3fi[i� 3✓j:Xt �-w"e.Q aVurftF-r'rt:IG REPORTS/INFORMATIONAL ITEM:_ MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 10, 2009 CALL TO ORDER 7:02 P.M. A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Ed Alderson who asked Commissioner Wilkinson to lead the flag salute. B. Present: Commissioners Katie Barrows, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Commissioner Quill joined the meeting at 7:19 p.m. Staff present: Planning Director Les Johnson, City Attorney Kathy Jenson, Planning Manager David Sawyer, Principal Planner Andrew Mogensen, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: Planning Director Johnson requested Item B be presented first, as the applicant was present. IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the minutes of October 27, 2009. There being no comments or corrections it was moved and seconded by Commissioners Barrows/Weber to approve the minutes as corrected. AYES: Commissioners Barrows, Weber, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None. V. PUBLIC HEARINGS: A. Sign Program 1997-383, Amendment No. 1; a request by Kerr Project Services, Inc. for consideration of a proposed Sign Program Amendment to increase the permissible sign area for Smart & Final, located in the Jefferson Plaza at the northwest corner of Jefferson Street and Highway 111 . 35 Planning Commission Minutes November 10, 2009 Planning Manager David Sawyer presented the staff report on file in the Planning Department, Chairman Alderson asked if there were any questions of staff. Commissioner Weber asked if the grand re -opening banner and temporary signs were handled through the proper channels. Staff said they were; showed what was currently on the building and explained what procedures were followed. Commissioner Weber asked if the temporary "extra" was to scale. Staff said the applicant was present and would provide more detail. Commissioner Weber referenced Attachment No. 1 showing the sign monument panel and asked if that panel will remain the same as the existing standards. Staff said yes. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. George Adams, 16267 Crescent Moon Court, Riverside — introduced himself and stated he was not with Kerr Project Services who had been relieved of their responsibilities on this project. He stated he was Smart & Final's Account Manager and representative. He then responded to the question regarding scale and said the current "extra" banner was not the same scale as the planned permanent sign. This banner had been borrowed from another store just for the grand re -opening. The permanent sign would be the same as the one proposed and the temporary banner would be removed after the 30- day permit period. The monument sign would also be the same size as before. Mr. Adams then explained how the company was changing, the need for updating signs, and the choice of this variation of the word "extra". Chairman Alderson re -confirmed that the company was changing their product line and needed the word "extra" in their signage. Mr. Adams said yes. 351 2 Planning Commission Minutes November 10, 2009 Commissioner Wilkinson asked Mr. Adams if he had heard him say the letters were smaller than those on the existing sign, when referring to the examples. Mr. Adams replied the letters on the building would be a little larger. He referred to the letters on the monument panel as being smaller to accommodate the word "extra." He added the building letter style had also been changed and went over some of the changes. Commissioner Wilkinson commented it not only looked better but was more proportionate than the current sign. Chairman Alderson asked if the word "extra" was going to be illuminated. Mr. Adams said it would be illuminated with white light- emmiting diodes (leds). Commissioner Weber asked about the illumination of the current sign and the specifications on the leds for the proposed sign. Mr. Adams said they were proposed to be low voltage leds and added the old sign had probably been illuminated by neon. He did not have the specifications on the leds, but he could get them. Chairman Alderson asked if there was any public comment. There being no public comment, he closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioners Barrows and Weber's commented this sign was an improvement on the current signs and more to scale. Chairman Alderson said there were two arguments on behalf of approval of this sign. The first was doubling the size of the sign for a building, which was 400 feet from Highway 111. The second was the encumbrance of a future building to be placed in front of this site. He said making the sign larger would help the visibility of the building, as well as the inclusion of the word "extra" fit better in scale and scope. He stated this was a good idea and he supported it. There was no further discussion and it was moved and seconded by Commissioners Weber/Barrows to approve Minute Motion 2009-008 approving Sign Program 1997-383, Amendment No. 1 as submitted. AYES: Commissioners Barrows, Weber, Wilkinson and Chairman Alderson. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: 356 3 Planning Commission Minutes November 10, 2009 None. B. Zoning Ordinance Amendment 2009-099; a request by the City of La Quinta for consideration of an amendment to La Quinta Municipal Code Title 8, Chapter 13, updating the City's Water -Efficient Landscaping Ordinance affecting all locations City-wide. Principal Planner Andrew Mogensen presented the staff report on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Barrows commented on her involvement with a landscape ordinance she was working on with Coachella Valley Association of Governments (CVAG) and Coachella Valley Water District (CVWD) and stated this Ordinance would be going to the CVWD for their consideration. She referenced Page 9, 8.13.030 A. 1., which stated: "...all new construction and and private development projects greater than 2,500 square feet." rehabilitated landscapes for public with a landscape area equal or She said CVWD staff had determined they were going to remove the 2500 square foot minimum, necessitating any project that has to obtain a permit be subject to the Ordinance. That would be the recommendation they would be forwarding to their board for consideration. Commissioner Barrows further commented that the CVWD ordinance was 30% more water -conservative than the State Model and spoke well for the direction of the Coachella Valley. Commissioner Weber said it would appear the staff review time would be increased and asked what kind of impact that would have. He said La Quinta and CVWD have done a fine job in protecting resources but was concerned about unfunded mandates, the use of additional resources, and the costs involved. Staff responded that was something that still needed to be addressed as the issue of rehabilitated landscapes was a new item. There were 357 U Planning Commission Minutes November 10, 2009 a lot of homeowners' associations looking at reduction of interior and exterior turf areas and conversion to desertscape. The City's current concern was with the perimeter of these projects because of the publicly visibility. So, that would be the initial focus though the City would also be interested in the interior conversions. Staff was already talking about this prior to the State Model Ordinance matter coming up. Currently there is a fee schedule for final landscape review and staff has talked about utilizing that as well as the fact we are currently going through a major review of the fee schedule for both the Planning and Public Works Departments fees. The City does not want to be a deterrent to rehabilitation but there is a cost associated with review of these items. It will take some time to clearly define fees and propose them to the Council. Commissioner Weber asked if the typical home in the Cove, or North La Quinta would fall under the 2,500 square foot limit. Staff responded there was a provision noted on Page 9, Item 3.a. which included an exemption for landscaping of single-family residential projects with a total project landscape area of less than 5,000 square feet. As an example, the typical single-family home front yard conversion to a desertscape design would be exempt from review. However, all non-residential rehabilitation projects as well as larger homeowner association perimeter, and other community areas, would have to go through the review process. Commissioner Weber said he was pleased to see the definition of mulch included decomposed granite. Commissioner Weber asked for more information on the turf slope issue. Staff responded this is an issue because turf is occasionally used as stabilization to help prevent erosion. The current standard is a 3:1 slope. The State Model Water Ordinance limits it to a 4:1 slope. Commissioner Weber used the example of the slopes on the north side of Avenue 48 and said there were going to have to be some significant remediation efforts to occur to meet standards. Planning Director Johnson said certainly that example had a lot of issues with it and the rehabilitation of erosion -related matters are going to be an interest of staff as they review those plans. •1 353 C Planning Commission Minutes November 10, 2009 Chairman Alderson asked if the Planning Department staff would be doing the landscape plan checks. Principal Planner Mogensen responded they currently do landscape plan checks for all new projects, but this will mean they will be doing rehabilitated projects as well. Chairman Alderson asked if the Architecture and Landscape Review Committee (ALRC) would be reviewing any of these projects. Planning Director Johnson said they would not be reviewing rehabilitated projects as that would only require administrative review. Staff also pointed out that plan check review requires CVWD review and approval. Chairman Alderson referenced the soils analysis as mentioned on Page 29, 8.C.iv. "The soil analysis report shall be submitted to the City as part of the Final Landscaping Plan." He said he looked upon this analysis as having the same importance as a soils report does to the structural aspects of the building which is submitted with the initial plans. He asked why staff would not want to see the soils analysis initially so the developer could design accordingly. He felt it was untimely to be part of the final landscape plans. Staff responded the landscape architect should be looking at that very early in the process. Staff then explained the difference between the soils report and the soil analysis and mentioned this language was taken directly from the State Model Ordinance. Staff would anticipate and expect that a landscape architect would be considering that soils report early in the process to make sure they are planting the proper plants to survive in that environment or if they need to make modifications to ensure a high succession rate that they are taking that into account. Chairman Alderson commented on the City codes coordinating with the CVWD requirements and asked if CVWD ever took into consideration any of the City's suggestions. He then gave the examples of the requirement of the option of alternative desertscape landscape plans, and the 18-inch sprinkler 'setback to eliminate nuisance runoff. Staff responded the first item was unique to La Quinta, by requiring a desertscape option to be available with model 351 2 Planning Commission Minutes November 10, 2009 home complexes. The second item was in the previous Ordinance that the Commission considered, and was a CVWD-initiated matter which the City followed. Principal Planner Mogensen added it was a State Model requirement which was 24 inches from the curb instead of 18 inches. Commissioner Barrows commented on Page 17, item iv, which stated: "Turf areas irrigated with spray/rotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto streets..." She said water that runs off onto any hardscape was a problem whether it was a street or pavement and wanted to modify this section to read "...may result in runoff of water onto a hardscape, or paved surface...." or something as appropriate. Staff responded the text shown was taken out of the State Model Water Ordinance and there is a caveat that allows a wick irrigation system closer than 24 inches to the curb. The exception is an irrigation system that is actually underneath the turf. Commissioner Barrows wanted to point out that whether the water ran off onto the street, sidewalk, or other pavement, it was still nuisance water. She did not want the qualification of "onto streets" and wanted to change it to say "any other area that may result in runoff of water onto a hardscape" or words to that effect. Planning Director Johnson said they could certainly make that recommendation to the Council if directed. Staff gave an example and noted, for clarification, that the issue is that we don't want to be creating, be it onto a street or otherwise, any runoff -related matters relevant to overspray or nuisance water creation. Commissioner Barrows said that was right and this Ordinance references runoff. Staff said there was an existing wastewater prevention clause, on Page 33 B, which was approved by Council in 2008. That clause allows Code Enforcement to enforce water waste. Commissioner Barrows said she wanted to make the change so both sections would be consistent with this provision. 360 VA Planning Commission Minutes November 10, 2009 Commissioner Weber asked if it was appropriate for the Planning Commission to make the adjustment. Staff said they would be making a recommendation to Council and could include the modification. Staff would make sure it was reflected in the ordinance introduced to Council. Commissioner Weber pointed out Item e, on Page 31- Maintenance Schedules. The Item states: "A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package". He asked if staff could provide a more detail on that item. Principal Planner Mogensen said that was part of the State Model Water Ordinance. It would be part of the application items when final landscaping plans are submitted for approval and would be required to obtain a Certificate of Completion. The job card would not be signed off unless this item was submitted. Commissioner Weber asked if the applicant would have to go into detail on day-to-day maintenance. Commissioner Barrows said the applicant would have to provide the maintenance schedule, but the Ordinance doesn't describe the enforcement. Commissioner Weber was concerned about how the enforcement, of this clause, would be handled. Planning Director Johnson said they would not be going to every site asking for a maintenance schedule. However, if there were an issue with a system either in response to a complaint, or by observation of Code Enforcement personnel, the City would have the ability to correct that problem. Additionally, if there continues to be an issue, the City can require a maintenance schedule to be reviewed and considered by staff. Chairman Alderson pointed out an item on Page 17.5.d.iii, referencing "...Landscape areas less than 8 feet in width shall not be designed with turf." He applauded the fact these small, confined, narrow areas would not include turf. There being no further questions of the staff, and with the applicant being the City, Chairman Alderson asked if there was any public comment. 361 Planning Commission Minutes November 10, 2009 There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Barrows complimented staff on their efforts to bring this forward after spending so much time on it. She said they did a great job and she appreciated it. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to approve Resolution 2009-031 recommending approval of Zoning Ordinance Amendment 2009-099 with the following amendment: "Turf areas irrigated with spray/rotor systems must be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of water onto haidscape." "As per" the provision identified in item 8.13.040 B regarding Waste Water Prevention - include recommendation to Council. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Letter from William L. Puget and response from Ralph Wick (Managing Director of the La Quinta Resort & Club and PGA West). Staff said that was provided as requested it be forwarded to you and no action was required. VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of November 3, 2009, from Chairman Alderson, with comments on the following items: • Placement of the Wayfinding signs and a letter of concern from Las Casuelas restaurant. • Comments on the Consent Calendar • Review of Second Quarter Service Grants •• 36�' e9 Planning Commission Minutes November 10, 2009 • Introduction of an ordinance for allowance of golf carts and discussion of the rules. • Discussion of Councilwoman Henderson's term on the Santa Rosa/San Jacinto National Monument Advisory Committee and suggested that she not realign herself and question of future participation. • Discussion of Highway 111 and Washington artwork renovation and removal. • Time Extension request for consideration regarding the La Solana Boutique Hotel at SilverRock Resort. B. Commissioner Barrows reminded everyone of the La Quinta Trails Day on Saturday, November 21, 2009. C. Commissioner Weber commented on the former Dodge, now Hyundai, dealership, the Commission's part in helping this move forward, and his hope for the dealership's success. Staff commented on a recent visit, the number of people at the dealership and the owner's optimism about the future. D. Commissioner Weber stated he wanted to say thanks to staff for the clarification on the housing element item relating to guest houses, second units, and casitas. E. Commissioner Weber commented that he may possibly submit an application for position on the Santa Rosa/San Jacinto National Monument Advisory Committee that Mayor Pro Tem Henderson may be vacating. He would not be an official La Quinta representative but the City would have representation. F. Commissioner Weber commented on the Art in Public Places program covering the painting of the utility boxes. He wanted to point out those were only the City utility boxes and not those owned by the various utilities. Those utility boxes are the property of the utility companies are not to be painted or defaced in any way. This may change in the future, but there are no changes to that right now. 3'UU 10 Planning Commission Minutes November 10, 2009 IX: DIRECTOR ITEMS: A. Discussion of upcoming Holidays and their proximity to the Thanksgiving and Christmas meetings. Meeting dates of November 24 and December 22, 2009, were identified. Staff commented they did not currently have any agenda items for the November 241" meeting, but were working on a possible Business Item, with a bit of urgency. If that were to occur, staff would advise the Planning Commission as early as possible. Staff's concern was in finding out if there were any potential conflicts with Commission members' holiday schedules. After discussion, it was decided to leave both meetings on calendar. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on December 8, 2009. This regular meeting was adjourned at 7:59 p.m. on November 10, 2009. Respectfully submitted, C "" LC Carolyn alker, Executive Secretary City of La Quinta, California 364 11 REPORTSANFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 27, 2009 CALL TO ORDER 7:02 P.M. A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Ed Alderson who stated the flag salute was done earlier at the Joint Council Meeting. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, City Attorney Kathy Jenson, Planning Manager David Sawyer, Principal Planner Wallace Nesbit, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: CONFIRMED IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the minutes of October 13, 2009. The Commissioners had no changes but Chairman Alderson made the following correction: Page 12, Commissioners Items, A, bullet point 5 should read: Council Member Franklin's concerns on SilverRock. There being no further comments or corrections it was moved and seconded by Commissioner Barrows/Wilkinson to approve the minutes as corrected. Unanimously approved. 365 Planning Commission Minutes October 27, 2009 V. PUBLIC HEARINGS: A. Continued — 2008 La Quinta Housing Element; a request by the City of La Quinta for consideration of a recommendation for adoption of the proposed draft of the 2008 La Quinta Housing Element affecting all locations City-wide. Chairman Alderson commented that the public hearing had been left open from the meeting of October 13, 2009. He then asked for the staff report. Principal Planner Wally Nesbit presented the staff report which included a request to continue this item to the Planning Commission meeting of December 8, 2009. The staff and consultant are preparing responses to the comments made by the State in a phone conversation on October 21; 2009. The December 8, 2009, meeting date should allow time for review of the State's recommendations and for preparation of revisions and re - submittal to the State for either verbal or written certification. (A copy of the staff report is on file in the Planning Department.) Chairman Alderson asked if there were any questions of staff. Commissioner Weber referenced his comments in the last meeting and asked for definitions of a second unit, casita, and guest house. Staff responded that casita is an informal term used for a guest house. A guest house is a bedroom and bathroom, with no kitchen facilities. A plumbed kitchen is not allowed in a guest house and this would typically be referred to as a casita. A second unit is basically the same thing, but with a plumbed kitchen. It can actually be lived in independently of the primary unit and generally requires that parking be provided, as it is considered a separate unit. Commissioner Quill asked about allowable square footage. Staff said both the guest house and second unit have a percentage and a 363 2 Planning Commission Minutes October 27, 2009 threshold. The percentage is based on the area of the primary unit and the threshold is 1,200 square feet maximum. Commissioner Quill asked if that was for both. Staff responded they believed it was for both. Chairman Alderson asked if the Commissioners would be able to go over this, in more detail, on December 8, 2009. Staff said yes and added they hoped to have a State certification letter by that meeting. Staff also said the consultant would be at that meeting to answer any questions. There being no further questions of the staff, and with the applicant being the City, Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson left the public participation portion of the meeting open. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to continue the 2008 La Quinta Housing Element Update to the Planning Commission meeting of December 8, 2009. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of October 20, 2009, from Chairman Alderson, with comments on the following items: • Discussion of the pros/cons of leasing or buying needed golf course maintenance equipment at SilverRock. • Consideration of capital contributions to Coachella Valley Rescue Mission. • Consideration of a request from Martha's Kitchen. • Consideration of a request for the Concours d'Elegance car show. 367 3 Planning Commission Minutes October 27, 2009 B. Chairman Alderson noted Commissioner Quill was scheduled to attend the November 3, 2009, City Council meeting. IX: DIRECTOR ITEMS: A. Planning Director Johnson commented on meetings prior to the upcoming holidays. After a brief discussion it was concluded this item would be included on the next agenda for more discussion; as well as to allow staff time to check possible upcoming items. Planning Director Johnson also noted that staff will follow-up on Commissioner Weber's question of a casita versus a second unit prior to that meeting. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Barrows to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on November 10, 2009. This regular meeting was adjourned at 7:16 p.m. on October 27, 2009. Respectfully submitted, CarolyrY Walker, Executive Secretary City of La Quinta, California 36 19 REPORTS/INFORMATIONAL ITEM: /9 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 7, 2009 10:04 a.m. CALL TO ORDER A. This regular meeting of the Architecture and Landscaping Review Committee was called to order at 10:04 a.m. by Planning Manager David Sawyer who led the Committee in the flag salute. B. Committee Members Present David Thorns. Committee Member Absent: Jason Arnold, Ray Rooker and None. C. Staff present: Planning Manager David Sawyer, Associate Planner Jay Wuu, and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Staff asked if there were any changes to the Minutes of August 5, 2009. There being no comments or corrections it was moved and seconded by Committee Members Rooker/Thoms to approve the minutes as submitted. Unanimously approved. Committee Member David Thorns said the minutes were very well done and very complete. Committee Member Rooker said the minutes were very accurate; however, due to the difference in opinions between the Committee Members, they were a bit confusing. He suggested the use of a different format such as outlining each Committee Member's points instead to make for easier reading for the Planning Commission. 3 6 ) Architecture and Landscaping Review Committee Minutes October 7, 2009 V. BUSINESS ITEMS: A. Final Landscaping Plans 2009-049 a request submitted by East of Madison, LLC. for consideration of Final Landscaping Plans for the Madison Club Clubhouse located within the Madison Club; south of Avenue 52, east of Madison Street, west of Monroe Street. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Jeffrey Prevost, Vice President for Discovery Land Company, 80955 Avenue 52, La Quinta, CA, introduced himself and thanked the Committee for their time. Committee Member Rooker said, in general, he found the plans to be very well done, even a bit excessive on the maturity and amount of plants proposed; but he relied on the landscape architect's expertise to determine the correct amount of landscaping for the project. He said he was intrigued by the choice of Pinus Pinea pine trees selected for the parking lot as they were sap droppers and released a messy yellow powder during certain times of the year. This could be a possible nuisance for the members' cars. He questioned the choice of the Pinus Halapensis. He stated he found it an interesting dichotomy to have such a pristine Spanish - Mediterranean building, as the Clubhouse, and such low trees at the main entrance. He suggested the use of bolder landscaping to emphasize the entrance. Mr. Prevost explained the proposed landscaping was a continuation of the already existing landscaping theme and palette of the Madison Club. He said if you were to drive down Madison Street, there were pine trees everywhere, thus were continued into the Clubhouse as well. Mr. Prevost addressed Committee Member Rooker's concerns regarding the proposed pine trees in the parking lot and explained that every member was entitled to a free weekly car wash. He noted this free service did not eliminate the problem of potential sapping, but it was a way of taking care of the members if their cars were subject to it. He said the falling of pine needles was regularly addressed by the club's expert maintenance staff. Mr. Prevost said the Pinus Halapensis was selected because it was currently the predominant pine tree in the Madison Club, and the applicant's intent was to carry out the same theme. '.2 370 7p Architecture and Landscaping Review Committee Minutes October 7, 2009 Committee Member Rooker asked if there was any remedy to the sap issue. Mr. Prevost replied he was not aware of any. He explained that the sapping was usually caused because a branch had been cut off due to maintenance trimming, otherwise, no sapping would occur. Committee Member Rooker questioned the selection of the two small oleander trees identified on the plans for the entrance of the courtyard instead of something a bit larger and fancier to emphasize the entrance. Mr. Prevost explained the courtyard was designed on the basis of the European modern architectural style and the idea was to have no trees planted in the center or around the courtyard. Committee Member Rooker pointed out that the area around the courtyard was very nicely landscaped and it didn't make sense to have two simple yellow oleanders at such a major entryway. He said the oleander was known as a freeway plant and he did not find it to be the appropriate tree type to use for the courtyard entrance. He recommended the applicant bring this to the landscape architect's attention for reconsideration. Committee Member Thorns said he was not a member of the Architecture and Landscaping Review Committee when the preliminary landscaping plans were originally submitted. He said he found the proposed landscaping plans to be overplanted and to have too much variety. Committee Member Thorns suggested the applicant reconsider the proposed "planting strip" in the parking lot due to the high maintenance it required. He was concerned that cars would park too close to the curb, drive over the plants, and people would walk through them. He said his experience was that in a couple of years most people get tired of the plants' high maintenance in such high - traffic areas and replace them with decomposed granite. He encouraged the applicant to recognize this could become an issue in the future and to address it at this stage instead. Mr. Prevost replied the club offered valet parking for all members, thus members would not be accessing the parking lot. He explained the applicant would like the clubhouse to be fully 371 7 Architecture and Landscaping Review Committee Minutes October 7, 2009 landscaped with mature plants and trees giving the impression that it had been there for fifty years. In order to achieve that effect, the proposed landscaping was necessary; even if some of it might have to be trimmed or removed at a later time. Committee Member Thorns pointed out that the landscape architect's stamp on the submitted landscape plans did not contain the license's expiration date. Committee Member Arnold said he thought the project was very well done. He stated he had only one comment regarding future maintenance issues with the Bowsmith multi -outlet emitter irrigation system. He suggested the use of a newer irrigation alternative called Netafin dripper line which was supposed to perform much better. He explained the operational differences between the two systems. General discussion followed regarding different irrigation techniques and more efficient alternatives. There being no further questions, it was moved and seconded by Committee Members Rooker/Arnold to adopt Minute Motion 2009- 007, recommending approval of Final Landscaping Plan 2009-049 , with the recommendation that the number of proposed plants and trees be reconsidered and the landscape architect's license expiration date be verified. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: Committee Member Rooker asked staff for an update on the landscaping for Fresh & Easy located in Jefferson Square on the southeast corner of Fred Waring Drive and Jefferson Street. VIII. PLANNING STAFF ITEMS: A. Planning Commission Update Planning Manager Sawyer said the Planning Commission recommended approval to the City Council for the Clubhouse and the Golf Villas at PGA West. He briefly discussed the residential feedback received during the meeting, as well as comments regarding the architectural style and color 4 Architecture and Landscaping Review Committee Minutes October 7, 2009 palette. He said the project was scheduled to be presented to the City Council on Tuesday, October 6, 2009, but due to a request to allow more time for public comments and attendance. With the applicant's permission the item was continued October 20, 2009. B. Discussion of Joint Council meeting topics Planning Manager Sawyer explained that every year the City Council took time to meet with the City's Commissions and Committees. As the ALRC is a supporting Committee to the Planning Commission, the time would be shared between the Commission and the Committee. He noted the meeting would last 30 minutes and it has been scheduled for October 27, 2009, at 5:00 p.m. Discussion followed regarding what topics of discussion should be selected for the joint meeting. Committee Member Thoms commented on the nice median landsaping design on Fred Waring Drive, done by the City of Indio, to identify its City limits. General discussion followed regarding the trees selection and their maintenance. Staff said the City of La Quinta was in the process of putting together median landscaping plans for Highway 111 that would make a similar statement and identify La Quinta City limits. Discussion followed regarding possible overwatering solutions to avoid wasting money to make projects look nice. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Rooker/Thoms to adjourn this meeting of the Architecture and Landscaping Review Committee to a Regular Meeting to be held on November 5, 2009. This meeting was adjourned at 10:54 a.m. on October 7, 2009. Respectfully su mitted, MONIKA RA EVA Secretary l., 5 Department Report: 1 a, 1, Z SOFT TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: December 15, 2009 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the December 15, 2009 City Council meeting: 1. Karen Lundie, 53-485 Avenida Juarez, thanked Council Members Sniff and Henderson for considering discussion on the noise ordinance. Ms. Lundie provided the City Clerk with a video tape of noise nuisance from a neighbor. She stated the requirement for completing a petition regarding barking dogs is not included in the Municipal Code and requested staff to enforce the Municipal Code with regard to barking dog noise nuisance. Department Report: `--,b U ��T y Of T4� TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager — Management Services DATE: December 15, 2009 RE: Department Report — Grant Update The following is an update of various grants for which City staff has received funding, as well as updates on existing grants. During this calendar year, the City was awarded $1,423,491 in grant funds. Grants Applied for and/or Awarded in 2009 Indian Gaming Special Distribution Fund (SB 621) Pursuant to California 2003 Senate Bill 621, appropriations from the Indian Gaming Special Distribution Fund were made to certain local government agencies impacted by tribal gaming. The Augustine Band of Cahuilla Indians submitted a letter of sponsorship in support of the City's application, which included a recommendation to fund the City's request for $886,250, over a five-year period, to be applied toward salary and benefits for an additional motor officer to assist with traffic enforcement. The City had received funds for the four previous years, however the fifth and final year of the grant is contingent upon availability of State funding. An application was submitted in early December 2008 for $177,250. In mid -February 2009, the Riverside County, Indian Gaming Local Benefit Committee awarded the City $169,537. State of California Proposition 1 B — Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Account Funds 375 Local street and road funds were approved by Governor Schwarzenegger in 2007 to allocate $950 million for cities and counties. The City of La Quinta had been allocated $1,271,825, by formula, for use on its local transportation infrastructure. An allocation in the amount of $610,888 was received in May 2009. Staff recommended the allocation be used on Washington Street from Avenue 50 to approximately 600 linear feet north. American Recovery and Reinvestment Act of 2009 Edward Byrne Memorial Justice Assistance Grant The City was eligible to receive of an allocation based upon demographics of $69,416 from the U.S. Department of Justice under the American Recovery and Reinvestment act of 2009. Council approved submission of an application for a Latch -Key After -School Patrol Program as well as for Special Enforcement Equipment purchases. Grant award notification was received in June 2009. Energy Efficiency & Conservation Block Grant Program On August 28, 2009, the City was awarded $180,700 in Energy Efficiency and Conservation Block (EECBG) Formula Grant funding through the American Reinvestment and Recovery Act of 2009. The EECBG funding is formula based on population and energy usage. EECBG funding will fund two project activities: 1) Energy Efficiency Retrofit Measures for municipal buildings and 2) Solar Photovoltaic System Study to describe possible energy savings and financial analysis of solar panel installation over the carport roofs of the Civic Center/City Hall, Library and Senior Center. The two EECBG project activities will support the City's existing Green and Sustainable La Quinta Program intended to reduce energy consumption and green house gas emissions and comply with future legislative mandates in GHG emission reduction levels. Edward Byrne Memorial Justice Assistance Grant (JAG) The City was also eligible to receive JAG grant funds in the amount of $16,887 for Fiscal Year 2009-2010. Council approved submission of grant application to request funding for the purchase of portable breath testers, emergency incident lighting equipment, traffic safety cones and a portable audio/visual recording devise. Grant award notification was received in August 2009. 3 16 State of California Office of Traffic Safety (OTS) Staff applied for a Sobriety Checkpoint program to fund two sobriety checkpoints for the periods of December 12, 2008 to January 3, 2009, and August 21, to September 7, 2009. The City has received $19,241 for the hours expended during the December 2008 and September 2009 checkpoints. Staff also applied for a second Sobriety Checkpoint program to fund two sobriety checkpoints for the periods of December 16, 2009 to January 3, 2010 and August 20 to September 6, 2010, and the City was awarded $10,215. National Highway Traffic Safety Administration (NHTSA) The University of California Berkley Traffic Safety Center also serves as grant administrator for The California Office of Traffic Safety (OTS), for Click It or Ticket mobilization throughout California. In July 2009, staff applied for the Fiscal Year 2009 Next Generation Click it or Ticket, which had as its goal to increase seat belt use statewide, and the City was awarded $16,913. Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) In May of 2007 the City applied for $25,000 towards the purchase of a Tymco CNG Street Sweeper. The City received notification of the award in September 2007, and the funds were received in March 2009. In May of 2007 the City also applied for $100,000 to be used for street sweeping operations. The City received notification of the award in September 2007; payments received were $23,202 in March 2009 and $16,641 in August 2009. Coachella Valley Association of Governments (CVAG) In July 2007, a grant program was announced through the CMAQ Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The City applied for $177,060 for the purchase of 13 ASC3 traffic signal controllers at intersections along Highway 111 corridor. The City received notification the project was recommended for funding and went before CVAG's executive committee for action in October 2007. Council approved appropriation of the funds at the August 4, 2009 City Council meeting and approved the Program Supplemental Agreement at the November 3, 2009 meeting. 377 In March 2009, a new call for projects was announced for $2.18 million form CMAQ SAFETEA-LU funds. The City presented applications for five projects: 1) Eisenhower Synchronization ($362,973); 2) Adams/Dune Palms Synchronization ($354,120); 3) SilverRock PM-10 Stabilization ($449,050); 4) Dune Palms/Retail Center Drive Traffic Signal ($190,424); and 5) Madison/Avenue 54 Traffic Signal ($380,850). A determination has not yet been made by CMAQ for the awarding of funds. Riverside County Transportation Commission (RCTC) In April 2009, the Riverside County Transportation Commission announced Fiscal Year 2009-2010 SB821 Bicycle and Pedestrian Facilities Program. Staff applied for a grant of $174,600 for funding of design improvements for a Village Sidewalk Infill project which would connect sidewalk segments for students using the roadway segments to walk to two local schools. Staff received notification from RCTC in July 2009 the City of La Quinta was awarded $87,300 for the project. County of Riverside - Coachella Valley Air Quality Enhancement The Colmac Air Quality Enhancement Fund was established through conditions of a settlement agreement resolving litigation between Colmac Energy, Inc. and Riverside County over construction of a biomass energy plant near the unincorporated community of Mecca. $275,000 was available for allocation to projects. In October 2008, staff applied for a $50,000 grant to help enhance air quality by replacing turf lawns with desert landscaping thus eliminating seeding which is a major contributor to Particulate Matter (PM10). On October 8, 2009, City staff received the fully executed copy of the COLMAC grant award for Fiscal Year 2008-2009. It is City staff's intent to use this grant money for the landscape conversion program. Staff will also be working with Coachella Valley Water District to increase the incentives to encourage more participation. In September 2009, City staff applied for a $50,000 grant to help enhance air quality by replacing turf lawns with desert landscaping thus eliminating seeding which is a major contributor to PM10. This grant funding will expand the landscape conversion program. Grants Applied.for in 2009 but not funded: Department of Conservation The California Department of Conservation provided $10.5 million in funding through their City/County Payment Program beverage container recycling and litter cleanup projects for 2009-20010. Although the City was notified in May 2009 that it was awarded $1 1,154, the State sent notification that because of budget difficulties facing the state this year, all grant programs were on -old until further notice. State of California Office of Traffic Safety (OTS) Another grant administered by the OTS is Selective Traffic Enforcement Program (STEP) which provides a DUI Enforcement and Awareness Program. The City applied for a $192,448 grant in February 2009 for the La Quinta Police Department, and staff received notification in May that the proposal was not selected for funding for that cycle. This listing does not include subvention funds and other funds that the City automatically receives from the Federal, State, County governments and periodic grants the Police Department applies for and administers on behalf of the City. Examples of this type of revenue include California Traffic Congestion Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, COPS funds, and various transportation -related funds. 37D DECEMBER 15 17 JANUARY 5 JANUARY 15 JANUARY 18-24 JANUARY 19 FEBRUARY 2 FEBRUARY 16 FEBRUARY 20 DEPARTMENT REPORT CITY COUNCILS UPCOMING EVENTS CITY COUNCIL MEETING HOLIDAY LUNCHEON AT SENIOR CENTER CITY COUNCIL MEETING PILLARS OF THE COMMUNITY AT CIVIC CENTER CAMPUS BOB HOPE CLASSIC CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING DISTINGUISHED ARTISTS AT CIVIC CENTER CAMPUS a ,3 -fA 3dJ LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2009 —,Sunday �L:Monday` Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 November 09 3:00 PM City Council 10:00 AM ALRC 12:00 PM Mayor's Lunch 6:30 PM Employee S M T W T IF Meeting Recognition Dinner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTG 11:30 AM Holiday Open Comrssion Henderson House 4:00 PM Investment Advisory Board 13 14 15 16 17 18 19 5:30 PM Community 3:00 PM City Council 3:00 PM Historic Preser. 9:00 AM CVA Evans Services Commission Meeting vation Commission 6:00 PM League Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline Adolph Convrission Christmas Eve (CITY Christmas Day - CITY HALL CLOSED) HALL CLOSED 27 28 29 30 31 10:30 AM RCTC Budget Henderson !rs January 10 S M T W T F S 1 2 NewYEve (CITY 3 4 5 6 7 8 9 10 11 12 13 14 15 16 HALL CLOSE0) 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 361 Printed by Calendar Creator Plus on 12/7/2009 ��'Sunday Monday Tuesday Wednesday �Thursday i:�"—Friday Saturday 1 j New Years Day CITY HALL CLOSED 3 4 5 6 7 8 9 3:00 PM City Council 10:00 AM ALRC Meeting 10 11 12 13 14 15 16 10:00 AM Pub. Sfty 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus 9:00 AM CVA Evans Henderson Commission Henderson Franklin 12:00 PM Transp 4:00 PM Investment 11:00 AM CVCC Sniff Henderson, Advisory Board 12:00 PM Energyl 5:30 PM Community Services Commission Environs Sniff 6:00 PM League. Henderson 17 18 1 19 20 21 22 23 �,j\ 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser Lpm��+i_'7� Meeting Cmle: Franklin vation Commission 12:00 PM HCRGFranklin Martin Luther King's Birthday (CITY HALL CLOSED) 24 25 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO Henderson Comnission 4:00 PM J.Cochran Reg. Henderson 6:00 PM Exec Cmte: Airp Franklin Adolph 31 December 09 February 10 ` S M � IN T F S S M T IN T F S _6 . .......... 1 2 3_. 4 _5 1 2 3 4._.5 6 7 8 9 10 11 12 7 8 9 10 11 12 13 13 14 15 16 17 18 19 14 15 16 17 18 19 20 20 21 22 23 24 25 26 21 22 23 24 25 26 27 27 28 29 30 31 28 Printed by Calendar Creator Plus on 12/7/2009 3 3 � • I ,�, (:i i 1" (:(�)l6-.:(;I� f.;i�)�J i ail l" �;/�l E:N[�1�1F"i Sunday �.'Wlbnday Tuesdayl� Wednesday j�; Thursday Friday Saturday 1 2 3 4 5 6 3:00 PM City Council 10:00 AM ALRC 12:00 PM Mayor's Lunch Meeting 7 8 9 10 11 12 13 10:00 AM Pub. Sfty, 7:00 PM Planning 9:00 AM RCTC 11:00 AM CVCC-Sniff Henderson Commission Henderson 12:00 PM Energyl 12:00 PM Tramp 4:00 PM Investment Environs Sniff Henderson Advisory Board 5:30 PM Community Services Commission 6:00 PM League. Henderson 14 15 16 17 18 19 20 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preset 9:00 AM CVA Evans Meeting Cmte: Franklin vation Comoussion 12:00 PM HCRC-Franklin President's Day (CITY HALL CLOSED) 21 22 23 24 25 26 27 10:30 AM RCTC Budget 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO- Henderson Commission Henderson 6:00 PM Exec Code. Adolph i 28 January March S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 ,. 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 31 28 29 30 31 Printed by Calendar Creator Plus on 12/7/2009 n DEPARTMENT REPORT: PI T4tf 4 4 a" TO: - The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety 4' DATE: December 15, 2009 RE: Department Report — November, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of November. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $42,496,667 which represents an issuance of 73 building permits in November; • Animal Control handled 374 cases in November; • Code Compliance initiated 184 cases in November; • Garage sale permits generated $1600 revenue in November. 38, i O NN OO N mmmONO �O BOO m II1 N N O O N r N r N m N O m O r r O �D W � �o �ory o p m p p rv.-�.immo np ono m W � op op .�rv�oNwmom.i pp.1 i w i H N r1 m fl r N b a Paz >. 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M I I E : 00 01 � N I_ M( O p t0 tp O a; OJ Mi 1 M N N E n rn( 31 C � m .... otrn a N w M 'T 0 o N �i00.,E-� k6 Lr iof : za g 3 O= N{ p Of (a0i N 'i .y N LL uj da W L........... _ . .-.._ u�mi t ti i p N M N N i W� OJ N i 0] M n O t0 ( tD M ip I y OJ 9 E O, OM M 1p O M M j O C E t i L L L v��lim I t. 386 Plo 0 m c,) co 75 L O V m E ._ Q rn 0 CD a) M CO I N M O N N O M V O N N, M d' W 1 N M @ co co N N (O N c0 N co 'IT IT It to N O V' r CO yT p1 CO Q N N (D r OD In In It CO r N M 0 H (0 N } U a) 0 O NON N O O M N O N co O V O O O aJ O -It I'd (O N r 0 m M r Z M O M N N m O I� O N N m M V 0 0 0 0 0 a O M M O n N m M N M a) MN N Nrr 0mO EOM tO W OOOOON r r OI�N ado CIO IN EOM V N mO �M O 7MN OOr ON a N r rMNN m Q (Oj CO N N M N )0 7 N N O W O O n r 7 r M O N 0 0 0 m O N N N M ONOENO 7O)O (O (OO OOOON w N N I�MNN In lml N NMr N0O 01 0 0M aNr0000In v MN f`•)M N O M 0 NNO ��.- N U(OO N OOr� N LO 07N OOi Q CO')a'0 NNr , M M OO 0O CID (OO � O r �.-0000� to ` co (O M N N M m M )O co co O )O M O N m m (O M N O O O O M d' N O N M N a0 M M a) U- m N a3 � N m m O O 0 7 O c W N c y fn c c c c d 0 y m 2 c0i a j E E y E a E� Z 0 E� c c a oQ wO aJQ > > >cQ> cQ(D~ o' Q) c O _ j C 0 0OiL mco 00 <00 E4)�a) �m`m wOEm O 0 O= s. p Q O O 2 O U O H h mQU>N300 f- O 0zQ�O� .U_.. ZO V O Q Z > F 36 It 0 CL N� V m 4.1 0) v r_ 25 .Q E /0 V d 0 V 0 N a� �m Om � mm In, IT morn m m m m @ )Om CO O M co 0) )O N w (D V m I� O V O � H (0 } U (D > O nut MO N ID OD O OD 0) vv� 00 1- N O)mm o — m m 'Itz N N N M N a0 O � ON -Mm N NLO n N m N M O N r M N m ON O O O V' (n M fO'1 O40 CD _ N m 0 N O DD N N N N N M M M O m M m N M O N O N O d' O N N N N N m f`M+1 (0 m O N O m m r r W b /0 N N N N m N N M M N m M I N � O M N O O N m mmm O m O N Q N N Mom] M M cn f0 M N m 0 O O LO 1� 00 0 O d' N m m O r m I� m w )OM mCN 77 00 MIS CD co MmlO O I� m O — M V' M M O �- O N N N U- N O N m O m I� M O) M UT O C m 0 @ N N N N 00 z U W IL u o a y N �- y Z c « F ¢ z Z _ Z C O F W 0 'O N w RNzh W u! w z 2 > w� coLU Own c z a w c wJ a w a E U J ¢ > ¢ 0. U z�QQ' QmQ WYa) N 00 U LL LUJW U OGn N a m U) a w a N U) w (yapU o O0 ¢ o o¢�oJ�o ° ci o 0 o m z�o° Oo taWU WU wU)U =(nU J(U U FU) z2m), 0 w z 3¢O m m<=i a> 388 DEPARTMENT REPORT: 15 a, OF TO: Honorable Mayor and Members of the City Co nciI FROM: Edie Hylton, Community Services Director DATE: December 15, 2009 SUBJECT: Community Services Department Report for November 2009 Upcoming events of the Community Services Department for January 2010: January 4 *Morning Workout *Mat Pilates *Knitting *Hooked on Loops Jazzercise, Senior Center Tae Kwon Do, Senior Center Tai Chi Qi Gong, Fitness Center Tap & Jazz, La Quinta High School Ballet & Jazz, La Quinta High School January 5 *Beginning Tai Chi *Swing/Latin Fusion *Beginning Tap *Hawaiian Hula *Conversational Spanish *Beginning Computer Zumba, Senior Center Beginning Guitar, Senior Center Second Level Guitar, Senior Center January 6 *Tap Technique *Sketching & Drawing *Conventions in Bridge *Beginning Word Ballet & Tap, La Quinta High School Conversational Spanish, Senior Center January 7 *Quilters for Good Times (FREE Class) *Watercolor Beginning Ballet, La Quinta High School Dance, Play & Pretend, La Quinta High School Italian for Everyone, Senior Center January 8 *Karaoke (FREE Class) *Dance Workshop *Evening Dance *Beginning Bridge (Part 1) January 11 *Woodcarvers (FREE Class) *Financial Workshop (FREE Class) Beginning Computers, Senior Center Building a New Relationship with Money, Senior Center January 12 *Yoga for Health *Dog Training *Master Power Point Relaxing Movements, Library Tennis 4-7, Fritz Burns Park Tennis 8-10, Fritz Burns Park Tennis 11-13, Fritz Burns Park Adult Tennis, Fritz Burns Park Free Lecture Series, 5 Keys to Weight Loss, Museum January 13 *Mastering MS Word Teaching from a Honeybee, Museum MS Word, Senior Center January 15 Pillars of the Community Event, La Quinta Civic Center January 17 Co-ed Kickball League Begins, La Quinta Sports Complex January 20 Photoshop Pro, Senior Center January 21 *Ballroom Dance *Issues of the Day *Chili Cook -Off Luncheon January 25 Photoshop Elements, Senior Center January 27 *Culinary Showcase January 28 *Mature Driver *Senior Center class or activity 300 Community Services Department Attendance Report for the Month of November 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 2008 Leisure Classes 122 106 16 111 68 Special Events 480 535 -55 2 4 Sports/Fitness Center 902 741 161 44 40 Senior Center 1573 1315 258 125 95 Total 3,077 2,697 380 282 207 Senior Services Senior Center 305 249 56 191 16 Total 305 249 56 19 16 Sports User Groups La Quints Park Use AYSO 1500 1600 -100 16 25 C.V. Soccer Club 100 0 100 1 0 Desert Boot Camp 50 0 50 8 0 Sports Complex LQ Sports & Youth 160 120 40 22 26 PDLQ Football 220 230 -10 11 14 Col. Paige School AYSO 270 350 -80 3 4 Facility/Park Rentals Senior Center Private Part 300 600 -300 2 3 Churches-2 750 375 375 10 5 Museum Meeting Room 120 150 -30 2 2 Osher classes 480 400 80 8 8 Library Classroom 540 440 100 9 8 Civic Center Campus Private Part 200 150 50 3 1 LQAF Blues & Brews 2000 N/A 2000 1 1 Park Rentals La Quinta Park 50 0 50 1 0 Martha's Village 5k Run 14001 1000 400 1 1 Fritz Burns Park 501 60 -10 1 1 Total 8,190 5,4 75 2,715 99 99 Total Programs 11.5721 8.4211 3,151 400 322 Volunteer Hours Senior Center 1 2091 1671 42 Total Volunteer Hours 1 2091 1671 42 391 Community Services Program Report for November 2009 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Leisure Classes Tennis 41 0 4 4 0 Ballet/Jazz 4 4 0 3 4 Elements - Beg. 11 6 5 5 3 Guitar 8 16 -8 6 6 Conversational Spanish 5 0 5 4 0 Begin. Ballet 3 4 -1 31 3 Dance, Play, & Pretend 3 5 -2 31 3 English Riding Lessons 3 0 3 31 0 Tai Chi Oi Gong 81 0 8 18 0 Zumba 181 20 -2 7 11 Relaxing Movements 41 0 4 7 0 Ballet/Tap 3 0 3 4 0 Microsoft Excel 8 4 4 4 3 Inter. Computers 6 4 2 5 3 Photoshop Pro 3 0 3 4 0 Tae Kwon Do 3 5 -2 12 12 Golf Fitness 7 0 7 1 0 Bod Sculpting 8 0 8 7 0 Jazzercise 131 20 -7 11 15 Totals 1221 88 34 111 63 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Special Events Trails Day/ Stargazing 2501 275 -25 1 1 Veteran's Day Tribute Event 2301 225 5 11 1 Totals 4801 500 -20 21 2 2009 2008 2009 2008 Participants I Participants Variance Meetings Meetings Sports & Fitness Center Open Gym Basketball 149 190 -41 13 20 Open Gym Volleyball 41 0 41 3 0 Fitness Center 652 551 101 25 20 Junior Basketball Camp 35 0 35 2 0 Disc Golf Tournament 25 0 25 1 0 Totals 902 7411 1611 44 40 Community Services Totals 1,5041 1,3291 1751 157 105 39 Monthly Revenue Report for November 2009 Monthly Revenue - Facility Rentals 2009 2008 Variance Libra $ - $ 200.00 $ 200.00 Museum $ 75.00 $ 200.00 $ 125.00 Senior Center $ 4,772.50 $ 5,650.00 $ 877.50 Parks $ 600.00 $ 310.00 $ 290.00 Sports Fields $ 460.00 $ 278.00 $ 182.00 Monthly Facility Revenue $ 5,907.50 $ 6,638.00 $ (730.50 Monthly Revenue Senior Center $ 7,571.50 $ 4,711.50 $ 2,860.00 Community Services $ 2,350.00 $ 2,584.00 $ 234.00 La Quinta Resident Cards $ 5,385.00 $ 2,940.00 $ 2,445.00 Fitness Cards $ 295.00 $ 480.00 $ 185.00 Total Revenue $ 15,601.50 $ 10,715.90 $ 4,886.00 Revenue Year to Date Facility Revenue $ 21,039.00 $ 20,372.50 $ 666.50 Senior Center $ 36,432.00 $ 22,647.00 $ 13,785.00 Community Services $ 23,005.00 $ 27,837.00 $ (4,832.00 La Quinta Resident Cards $ 12,285.00 $ 7,230.00 $ 5,055.00 Fitness Cards $ 2,630.00 $ 3,115.00 $ 485.00 Total Revenue to Date $ 95,391.00 $ 81,201.50 $ 14,189.50 39 Senior Center Attendance Senior Center Program Report for November 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride 196 328 -132 3 4 Bridge, Social/Party 484 400 84 18 15 Dinner & Show 57 69 -12 1 1 Monthly Birthday Party 35 38 -3 1 1 Monthly Luncheon (Thanksgiving) 1291 121 81 1 1 Movie Time 28 43 -151 3 3 Putting Action 7 7 01 2 2 Tennis 96 64 32 8 6 Senior Activity Total 1032 1070 -38 37 33 Senior Leisure Classes Arts & Crafts (Pottery Decorating) 6 8 -2 1 1 Ballroom Dance 6 0 6 2 0 Bridge Classes 25 19 6 3 3 Computer Classes 7 10 -3 4 3 Creative Photography 15 0 15 3 0 Exercise 39 33 6 11 11 Golden Tones 57 16 41 4 2 Hooked on Loops 5 8 -3 4 3 Issues of the Day 94 22 72 3 4 Mat Pilates 43 11 32 11 8 Quilters 31 12 191 3 3 Sketch & Draw 10 10 0 2 4 Spanish 10 0 10 4 0 Swing/Latin Fusion 11 0 11 4 0 Tap Dance Beginning 16 7 9 4 3 Ukulele Beginning & Intermediate 19 0 19 7 0 Ukulele Players 96 14 82 8 6 Watercolor 20 26 -6 3 3 Woodcarvers 24 25 -11 3 3 Yoga for Health 7 14 -7 4 2 Senior Leisure Classes Total 541 235 306 88 59 TOTAL SENIOR PROGRAMS 1573 1305 266 125 92 Senior Services FIND 179 127 52 5 3 HICAP 8 5 31 2 2 Hidden Harvest 21 0 21 1 0 Legal Consultation 51 6 -1 1 1 Notary Services 1 2 -1 1 2 FREE Seminars/Presentations/Screenings (6)' 50 20 30 6 4 FREE Classes (3) "See Below 6 57 -51 3 7 Volunteers 35 31 4 n/a n/a TOTAL SENIOR SERVICES 305 248 57 19 19 SENIOR CENTER TOTAL 1878 15531 3251 1441 ill -Included: LIHEAP; HUH! Help U Hear; Spiritual Advisor; Memory Assessment; Bone Density; Estate —Holiday Wise, Artisan Studio in Old Town & Wii Bowling Tournament 39. Parks Activities Update For November 2009 The three acknowledgement art pieces (Veterans, Sports, and Artists) at the Civic Center Campus received annual paint and cleaning. The concrete bases are cleaned and repainted every year and the bronze sculptures are cleaned and treated with hot wax. The "Spirit of La Quinta" fountain in front of City Hall was also cleaned and waxed. Staff hosted a community workshop on Monday, November 16, 2009 from 5:30 p.m. to 7 p.m. to review and discuss the proposed soccer field lighting plans for the Colonel Mitchell Paige Middle School. The workshop was an open house format and took place at the Colonel Mitchell Paige Middle School. One resident from the Palm Desert community located on the west side of Washington Street attended the workshop. Her concerns were noted and will be mentioned during the Planning Commission meeting on December 8, 2009. The Fritz Burns Dog Park has been re -seeded and new sod was planted in the large dog area. The dog park was closed on November 9, 2009 and re- opened on November 30, 2009. The La Quinta Park interactive water feature is closed for the season as of December 1, 2009. The date for re -opening has not been set but will occur in the Spring when the daytime temperatures increase. Department Report: 7 lOP��`� Ur - �FM of raw TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo� DATE: December 15, 2009 SUBJECT: Department Report for the Month of November 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of November. 39U 1 H Z cw C Ir Q a w 0 (7 Z Z z a J a H O a w S Z w F m Q a w 0 (r) 0 0 N it w co 2 w O z 0 LU Z H O co IL m EE D U Un Un Un N W W Y W () E }+ 4+ ♦+ Y Y i� i� Y 4+ Y Y i- i� + i+ Y i-+ Y i� ++ 0 p E E E E E E E E E E E E E E E E E E E E w Z a a a a a a a a a a a a a a a a a a a a Z Q 0 7 7 7 7 7 7 7 7 7 7 7 7 7 J 7 J 7 7 7 7 J Cl N N fn N 0 0 M 0 0 0 0 0 w 0 0 N N N ul N"t n, N 0 0— O, 0 0 0 — O m o o O—, M o, O N o f Z Q w Z O Q U o F- W a) O (L ~ c Z c > ~ y U ) Y_ c E c a) E E a' c~) E E ti m to a) a) a0) N a to 3 CL c g m aa)) a� a N rn a) c- m m a' cm a 'a Q c CL y Q n E E .� a>i y U o c`i N Q 0 a= C +@+ U J d u) a C 0 N m Z) d C N p c 0 aci 0p Q o a) >c 0w Q p c J as c a a) •aJ '++ O 0 U a > 'O LE 0)J 'j 0 N E c a) W CO a s c C> E C ++ C_ C) a) a) C c E c c a O a) c C a) p a7 a) O) — a +� 0 0 0— O O J U 0 w I L (7 � d Ui Un Un Un Un H H I- > N N Un 397 N rn O �0 N � O U M acr w Z m O2 w N_> z O O U an (D O Z_O Z N z� J J aD LO O N Z O a U U) W p o v) a o 0 0 0 o v v v p p al w a) 0 a) 0 a) Q) 0 a) a) a) N a) a) (L) (L) (L) () a) w Y Yc Y YC Y YC Y YC Y Y Y YC Y Y Y YC Y YC Y YC Y YC Y YC Y YC Y YC Y YC Y YC LU E E E E E E E E E E E E E E E E / O a a a a a a a a a a a a a a a a O CC oC > > > > > > > > > > D > > > > > a LOO,OO d• O OO ¢ w U O H Z F O J O P: w z cc w 3 Cl)wa a }' CoO Y V Y p a a) Y a) YY W v) C E 0 N CO a) a) a) c E0 U E co J c c0 a a U- a n CM a °��' cn rn a c g = O ac) Q aci cc oVC ao NQa.aQ� v o m Q m LU � Co Co E E y c°'i O Y cci y 0 t 0 m E a ca a a) O aa) mO cco F� a) c of E FE Y E 6 a co c Q) r U Z U o CO c fU 0 0 U z>> '� U J J O J Q. p w Y. a) M a) 0) C a a c>> �_ O C 0) c aa)) O CD * a+ aci aci o o O O a U 0 Ji U- (D 2 (n (n (n U I— H 3 N N H F 0) a) c E N a+ 0 3 O = O a) m Y �: a) O U > p m E 33� co DEPARTMENT REPORT: _ 9 T:y4,fwQu!Krw MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: December 15, 2009 SUBJECT: Public Works Department Report for November 2009 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; Ti othy R. 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Mg. Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 32 99 17 5 153 1001 Pot Hole -Repair/Patching 5 0 0 0 5 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 - 0 1004 Pavement Marking/Striping 0 2 0 0 2 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 0 12 0 0 12 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 3 0 0 3 1009 Street Sign Install (New) 21 12 0 0 33 1010 Street Sign Repair/Maint 46 4 0 1 51 1011 Debris Removal 8 32 0 0 40 1012 Right of Way Maint. 0 53 46 0 99 1021 CLEAN Catch Basin Inlet/Outlet 0 4 0 0 4 1022 Rondo Channel Outlet/Vault 2 0 0 0 2 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 14 0 1 15 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 102 0 0 0 102 1026 Street Sweeping (Hand) 2 0 0 0 2 1027 Sidewalk/Bike Path Cleaning 0 0 6 0 6 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-ur 0 6 64 0 70 1041 Irrig/ Weeding, Shrubs & Tree Trimming 26 5 129 13 173 1051 Landscape/Irrigation Contract Management 0 0 28 10 38 1052 Lighting/Electrical Contract Management 0 0 20 12 32 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maim. 2 0 0 0 2 1063 Vehicle Repair Maint. 12 46 0 0 58 1081 Trash/Litter/Recycable Removal 0 3 8 0 11 1082 Vandalism Repairs 0 4 0 0 4 1083 Graffiti Removal 238 74 20 12 344 1084 Maint. Yard Building Maint. 14 25 0 9 48 1085 Seminars/Training 22 32 30 11 95 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 72 16 8 0 96 1088 Meeting 8 24 4 11 47 1089 Office (Phone, paper work, reports, Misc.) 281 26 41 35 93 SUBTOTAL 6401 4961 3841 120 1640 1091 Over Time 19 28 6 0 53 1094 Jury Duty () 0 0 0 0 0 1095 Sick Leave 32 42 8 8 90 1096 Vacation 8 0 0 8 16 1097 Holiday 120 48 72 24 264 1098 Floating Holiday 0 0 0 0 0 1099 Worker Camp/ Bereavement 01 0 16 0 16 SUBTOTAL 179 118 102 40 439 TOTAL HOURS 800 586 480 160 2026 TOTAL MILES 30981 29531 18191 104 7974 Department Report: q LA UN TA P*LICI Served by the Riverside Courty Sheriffs Deparmtem Police Department Monthly Report November 2009 Prepared for 7 :J La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 11/01 Sunday (95) 0030 hours — Motor Deputy Reynolds conducted a traffic stop at Eisenhower Drive and Calle Hidalgo. The driver, Patrick Lucas, was arrested for DUI. Deputy Heffley assisted in conducting a drug influence evaluation on Lucas at Indio station and found he was also under the influence of cannabis. Lucas was booked at Indio Jail. 0111 hours — Deputy Davis responded to the 43-100 block of Palm Royale in reference to a report of a domestic disturbance. Jose Medina and Alejandra Medina were both arrested for domestic violence. 2023 hours- Deputy Jauert responded to a domestic violence call in the 79300 block of Desert Stream. Kimberly Foulds was arrested and booked for misdemeanor domestic violence. 2220 hours- Deputy Berry conducted a traffic enforcement stop on Adams at SR 111. A passenger, Elysa Faustino Lueras, was arrested for a felony drug warrant. The driver, Ernest Brown, was arrested for two misdemeanor traffic warrants. Both were booked into the jail. 11/02 Monday (106) 0020 hours — Deputy Davis conducted a traffic enforcement stop at Hwy l l l and Jefferson. Michael Howard was arrested for driving under the influence of marijuana. Howard was also charged with possession of marijuana for transportation. 1545 hours- Deputy Pereyda responded to the Walmart shopping center regarding an intoxicated subject. Christopher Hicks was booked into jail. 1550 hours- Deputy Russell responded to Wahnart regarding a shoplifter in custody. Leone] Angel Garcia was booked for commercial burglary. The suspect possessed a small razor blade to cut open CD's and he had cut his hand with the razor. The suspect was booked into the jail after he was treated for the hand injury. 11/03 Tuesday (149) 1650 hours — La Quinta SET Deputy Burgie responded to a report of a theft at Home Depot and arrested Johnny Pantel for shoplifting. 1800 hours — Deputy Berry responded to Sagebrush X Washington and arrested Nelson Noguera for a domestic violence restraining order violation. 2030 hours — Deputy Anderson responded to a burglary call at Target. Marie Helen DeLara was arrested for commercial burglary. Derek Yescas was arrested for possession of narcotics and commercial burglary. 11/04 Wednesday (158) 0141 hours — Deputy Contreras conducted a traffic enforcement stop at Fred Waring and Jefferson. Victor Cattarinich Ponce was arrested for DUI. 4A 1658 hours — La Quinta deputies and the La Quinta SET team responded to a report of an "in progress" residential burglary in the 45000 block of Desert Sand. The victim found the -suspect in his garage and called police. Deputies set a perimeter in the area and conducted a yard -to -yard search. Deputy Lopez located the suspect on Bridget Way. James Cook was identified by the victim and booked into the Indio Jail for burglary. 1916 hours- Deputy Lopez responded to Kohl's regarding a shoplifter being detained. Arrested for commercial were a seventeen year old juvenile and Michele Maesteas. The adult was booked into the jail and the juvenile was released to her parents. 11105 Thursdav (140 1100 hours- Deputies responded to a burglary that had just occurred in the 78-900 block of Sonesta Way. The reporting party was able to provide a suspect and a vehicle description. Forensics responded to the location for evidence collection. 1430 — Dep. Moore investigated a report of a threat made against ajuvenile. The suspect, who is unknown to the victim, stated that he was going to knock on her door and he would harm her. A photo array of students was shown to the victim, but she was unable to positively identify anyone. The victim's parents were notified as was the on duty watch commander. 1521 hours — Deputy Newton responded to Kohl's in reference to theft at the location. The suspect fled the location in a vehicle which was located in Rancho Mirage. Deputy Newton responded to the location and arrested Jose Romo for burglary, and parole violation. Romo was transported and booked into the Indio Jail. 1600 hours — La Quinta SET deputies, following up on leads reference an earlier residential burglary, contacted Francisco Granados in the 73300 block of Country Club, Palm Desert. Granados was arrested for residential burglary and booked into the Indio Jail. Additional follow up and arrests are anticipated. 11/06 Friday (88) 1120 hours- Deputy Fiebig conducted a pedestrian check at Highway 111 and Simon Drive. Robert Bohm was arrested for an active misdemeanor warrant out of Nevada County, CA. Bohn was booked into the Indio Jail. 11/07 Saturday (71) 0033 hours- Deputy Davis arrested Andres Bautista for DUI following traffic stop at Washington & Hwy Ill. 1430 hours- Deputy Pittinger conducted a vehicle check and arrested Jason Callison for possession of a felonious amount of marijuana. 11/08 Sundav (84 0100 hours- Deputy Davis conducted an enforcement stop at Washington X Royal Palm. Investigation led to the arrest of Ryan Kibby for DUI -marijuana. 0218 hours- Deputies Contreras and Martinez were dispatched to the area of Avenida Navarro and Calle Sonora regarding a male in the area holding two kitchen knives. Deputies located Allen Wren hiding in bushes in the 52400 block of Avenida Navarro. Wren fled, but was apprehended as he attempted to jump a fence. The knives were located and Wren was subsequently arrested for public intoxication. 0522 hours- Deputy Contreras investigated a report of a female screaming in the area of Calle Sonora and Avenida Montezuma. Deputy Contreras located and arrested Deborah Forbes for public intoxication. 0830 hours- Deputies responded to the 58000 block of Monroe in reference to a possible burglary in progress.. When deputies arrived, they detained five subjects for illegal trespassing. Additionally, some burglary tools, methamphetamine and drug paraphernalia were located on the person's detained. All five suspects were taken into custody for various crimes. 1619 hours- Deputy Anderson conducted a vehicle stop at Eisenhower Dr. near Calle Tampico. The driver, Lorraine Urbano, was arrested for driving under the influence of an alcoholic beverage. Urbano was transported and booked into the Indio Jail. 1948 hours- Deputy Berry responded to the AM/PM mini -mart on Washington. A citizen caller had followed a suspected DUI driver into the parking lot. Units located the vehicle and the driver, Anna Jazaim Gonzalez, had two outstanding DUI warrants and was arrested for suspected DUI. Gonzalez was booked into the jail. 11/09 Monday (81) 1340 Hours — Deputy Trueblood was notified by Desert Sands Unified School District that a lengthy administrative investigation found that two employees had misused DSUSD funds. Dep. Trueblood is handling the initial report and it will be forwarded to Investigations for follow-up. 2229 hours — Deputy Jauert responded to the 52300 block of Whirlaway Trail reference a domestic disturbance. Gregory Regan was arrested for domestic battery. I1/10 Tuesday (129) 0223 hours — Deputy Davis conducted a traffic stop at Highway I I I and Costco Dr. Ruben Torres Jr. was arrested for DUI. 1330 Hours - Deputy Smith responded to a medical emergency in which an adult male was acting strangely and was nodding off. Making contact with the male, Dep. Smith saw the he seemed incoherent and began to nod off during the interview. Dep. Smith called for AMR and the male was transported to JFK Hospital. 1657 hours- Deputy Russell conducted a pedestrian check on Desert Fox at Desert Air. Leonel Garcia was found to be in possession of cocaine. He as booked for possession for sales and transportation for sales. 1747 hours — La Quinta Special Enforcement Team together with investigators from the Sheriff's Special Investigation Bureau conducted a prostitution sting in the 78300 block of Hwy 111. Undercover officers entered the business and contacted the business manager who offered sex with a female employee in exchange for money. The manager, Mei Wang, was arrested for pandering. An employee, Wai Lau, was arrested for prostitution. The business owner, Charlie Wong, was arrested for possession of methamphetamine. They were all booked into the Indio Jail. 11/11 Wednesday (84) No Significant Activity 11/12 Thursday (108) No Significant Activity 11113 Friday (111) 410 2017 hours — La Quinta SET Deputies Hughes and Burgie conducted a pedestrian check of Moises Valdez Jr.at Adams Park. Valdez became combative during the contact and was arrested for public intoxication and resisting arrest. He was booked into the Indio Jail. 11114 Saturday (75) 1634 hours- Deputy Kibbey conducted a pedestrian check at Desert Stream and Desert Eagle. He arrested Stephen Sloane for possession of marijuana less than one ounce. 2345 hours — Deputy Lon conducted a traffic stop at Avenida Martinez and Calle Durango. Arthur Rodriguez was arrested for DUI and for reckless driving. 2346 hours — Deputies responded to the 50600 block of Eisenhower in reference to a "Check the Welfare" call. Deputies contacted Marisa Lynn who showed symptoms of being under the influence of a controlled substance. Deputies also saw drug paraphernalia in plain view. In addition, living conditions in the apartment were deplorable. Lynn was arrested for child endangerment, being under the influence of a controlled substance and possession of a controlled substance. Robert Lynn arrived and was also arrested for child endangerment. 11/15 Sundav (56 No Significant Activity 11/16 Monday (112) 0800 hours- Deputies responded to the 53600 block of Eisenhower in reference numerous houses that had been vandalized. Suspects had used spray paint and markers to write on walls. Deputy Pittenger is working with Deputy Chancellor from 909 SET to resolve the problem as a suspect has been identified. 1553 hours — La Quinta SRO Hendry and La Quints SET deputies responded to a man with a gun call in the area of Mountain View Dr. and Washington St. SRO Hendry observed Robert Perez Jr. and detained Perez. Perez was found to be in possession of two loaded handguns. He was arrested for possession of concealed handguns and was booked into the Indio Jail. 1850 hours — Deputy Berry conducted a vehicle check in the79-700 block of America Ct.. Gavin Stahl was arrested for possessing a switchblade knife and a small amount of marijuana. Shane Lemke was found to be in possession of a small amount of suspected marijuana and was cited and released on scene. 2022 hours — Deputy Anderson conducted a vehicle stop on Washington St. and Highland Palms. The driver of the vehicle, Lloyd Bucey, was arrested for driving while under the influence of an alcoholic beverage. Bucey was transported to the Indio Jail where he was booked for D.U.I. 11/17 Tuesday (164) 1000 hours- Deputy Borrego was informed that a student was stealing computer equipment and selling the items on E-Bay. During the interview of the juvenile, he admitted to stealing and selling the items on the computer auction house. The stolen property was estimated at $1100. 1623 hours — Deputy Russell conducted a vehicle stop on Avenida Villa and Calle Chihuahua. The driver, Daniel Emert, was arrested for driving while under the influence of an alcoholic beverage. Emert was transported and booked into the Indio Jail for D.U.I. 1725 hours- Deputy Pereyda responded to the 52400 block of Avenida Juarez to a burglary call. It was determined that the victim's ex -boyfriend kicked open the garage door and took his TV and personal 41l belongings from the residence. Christopher Linstrom was arrested at his residence and was booked into the jail for vandalism. 1730 hours — La Quinta SET deputies and SRO Deputy Rebecca Smith contacted two juveniles at the comer of Calle Arroba and Avenida Martinez regarding vandalism in the cove area and business district over the weekend. Both juveniles were on probation and a compliance search was conducted. During the check deputies located evidence linking them to the graffiti. Their probation officer was contacted and advised they were in violation of their probation. They were both arrested and were booked into the Indio Juvenile Hall. 2204 hours — Deputy Lopez responded to Auto Center Way and Adams St. reference a possible domestic violence call. Jayro Alacon was arrested for possession of methamphetamines and an outstanding misdemeanor traffic warrant. Alacon was transported and booked into the Indio Jail. 11/18 Wednesday (160) 1332 hours- Motor Deputy Reynolds conducted a traffic enforcement stop on Jefferson Street X Ave 52. The driver, Amber L. Moreno, was arrested for two outstanding warrants. Moreno was booked at Indio Jail and the vehicle was towed. 1623 hours — Deputy Russell responded to the 51300 block of Avenida Vallejo reference a domestic violence call. Santino Ramirez was arrested for domestic violence. 1628 hours- Deputies responded to a robbery call at Henry's Market with one suspect being detained by employees. A second suspect had fled the area. After being detained, the suspect attempted to run from the store and was forced to the ground by employees. No injuries to the suspect or employees. Juvenile was released to his mother. 2046 hours - Deputy Newton responded to Kohl's regarding two subjects detained at the location for theft. Maria Manjarrez-Zamora and a female juvenile were arrested for burglary. Maria Manjarrez-Zamora was transported and booked at the Indio Jail. The female juvenile was released to her parents. 11/19 Thursday (127) 1030 hours- Deputy Burgie, La Quinta Special Enforcement Team, conducted a pedestrian check in front of the ROSS department store. Rosemary Allen was arrested for an outstanding felony warrant for narcotics violations. Allen was transported and booked into the Indio Jail. 11/20 Friday (111) 1110 Hours: Deputy Hughes responded to the 42700 block of Washington St. regarding a trespassing but the suspect, Andres Carrillo, had left the location. Dep. Hughes contacted the suspect at his residence and gave him a verbal order regarding trespassing at the location. Carrillo is subject to arrest for any further violations. 1935 hours — La Quinta SET Deputies Hughes and Vanderhoof conducted a vehicle stop at Jefferson and Ave 48. Arrested was Manuel Loera Garcia for possession of methamphetamine and committing a felony while out on bail. Garcia was booked into the Indio Jail. 2000 hours- La Quints Deputies responded to Kohl's Department Store in reference to several subjects working in concert to steal items from the store. Arrested for burglary and conspiracy were Jessica Camacho, Melanie De LaTorre, Keisha Moreno, and four juveniles. 2038 hours — La Quinta SET Deputies Glasper and Reinbolz went to an address in the 51700 block of Avenida Mendoza to follow up on a burglary case. There, deputies witnessed Harry Macon and Recquelle Smith smoking methamphetamine. A safety sweep of the residence was conducted and deputies observed a 412- significant amount of ammunition, explosives and weapons. Deputies also located a large scale methamphetamine lab. Macon and Smith were arrested for being under the influence of a stimulant drug and violation of their probation. They were both booked into the Indio jail. 2107 hours- Deputy Kibbey responded to the 77-300 block of Calle Sinaloa in reference to a robbery that occurred near the intersection of Avenida Vallejo and Calle Sinaloa. The victim was walking westbound on Calle Sinaloa when he was approached by two men who demanded his skateboard. The subjects were gone in an unknown direction and the victim stated he could not identify the suspects if he saw them again. 2306 hours — Deputy Miller responded to USA Gas reference a beer run. The witness was able to provide the license plate of the suspect vehicle. Deputy Lim located the vehicle in the 44-800 block of Maguerite Ct. Jesus Castaneda and a 17 yr old juvenile were arrested for commercial burglary. 11/21 Saturday (99) 1800 hours- Deputy Berry responded to Costco in reference to a burglary. An unknown suspect stole a surveillance system from the store. Security personnel provided a partial license plate. Deputy Berry located the vehicle in the 47-300 block of Janet Street, Indio. Due to Costco being closed when the suspect vehicle was found, photo -line-ups were to be conducted at a later date. 1820 hours — Deputy Burgie was working the Blue & Brews event at the La Quinta Civic Center when he observed a male adult stagger and fall down a grassy hill. Mark Cardinal was arrested for public intoxication. 2230 hours- Deputy Kibbey conducted at traffic stop at Miles Avenue and Jefferson Street and arrested Jose Alberto Garcia for a felony narcotic warrant. 2325 hours — Deputy Lim conducted a traffic stop at Avenue 52 and Jefferson St. Donald Northrup was arrested for DUI. 11/22 Sunday (66) 0330 hours — Deputy Contreras was dispatched to Calle Durango and Avenida Vallejo, reference an unknown trouble. Noe Martinez was arrested for public intoxication. 11/23 Mondav (129 0830 hours- SRO Moore arrested Kai Quick for possession of marijuana and probation violation. Quick was booked and given a "No Trespass" order to stay away from the high school. 1822 hours- Deputies Anderson and Pereyda responded to a past battery in the 53300 block of Calle Navarro. The victim and his friend were confronted by Jordan Saenz and two juveniles. The victim said Saenz struck him several times in the head. Deputies located Saenz and the two juveniles at the park off Avenida Colima. Saenz was booked into the jail for assault with a deadly weapon with a gang enhancement. 11/24 Tuesday (90) 1416 Hours — Deputy Trueblood responded to the 51-500 block of Ave. Vallejo regarding a drowning. A 14 month old child had fallen into the back yard swimming pool. Deputy Trueblood initiated CPR, which was continued by responding paramedics. The child was transported to JKF Hospital. 2000 hours- Deputy Lopez responded to Kohl's regarding a shoplifter in custody. Marissa Wooderd and a fifteen year old female were arrested for commercial burglary. The juvenile was released to her parents and the adult was booked into the Indio Jail. 2017 hours- Deputy Russell and Cpl. Taylor responded to a theft of services, which occurred at Chapellis, in Old Town La Quinta. The manager followed the four suspect's vehicle to the 54800 block of Avenida Diaz. Lisa Lauren Howell and Robin Levell were arrested for DUI. The restaurant declined prosecution for the theft of services. Both suspects were booked into the Indio Jail. 2254 hours — Deputy Contreras responded to the USA Gas Mart reference a suicidal subject. The subject was transported to Oasis Mental Health for evaluation. 11/25 Wednesday (112) 2028 hours- Deputy Ramos conducted a pedestrian check at La Quinta Dr. X Highway 111. Mitchell Park was found to be in possession of a meth pipe. The suspect was cited and released. 11/26 Thursdav (69 1015 hours -- Deputy Fiebig responded to an attempted residential burglary occurring in the 78600 block of Villeta Dr. A neighbor observed two juveniles exiting his neighbor's rear yard. The suspects ran to a waiting vehicle and fled the scene. The neighbor was able to retrieve a partial license plate number. Dep. McAnallen stopped the vehicle in the Kohl's parking lot and detained four male juveniles. The suspects were positively identified and were booked at the Indio Juvenile hall for attempted residential burglary. 1154 hours -- Deputy Alexander arrested David Dimmick for public intoxication in the 52900 block of Avenida Diaz. He was booked at the Indio Jail. 1622 hours- Deputies Lopez and Pereyda responded to the 53900 block of Avenida Obregon in reference to a family disturbance at the location. The reporting party said Moises Valdez Jr. was threatening to hurt himself and was causing a disturbance. When the deputies contacted Moises Jr. in his room he became uncooperative. Musics Valdez Jr. was taken to JFK for a medical clearance and then booked into the Indio Jail for felony assault on a peace officer 11/27 Friday (161) 1000 hours -- La Quinta SET Deputies Burgie and Chancellor responded to a theft in progress at Kohl's. Two female juveniles were arrested and booked into juvenile hall for commercial burglary. 1020 hours -- Dep. Klecker responded to a report of a suspicious person at Costco. Investigation revealed that Jadallah Abdelghani had previously entered the business and had stolen several items of property. Abdelgham had returned to Costco and entered the business an attempted to steal items. Employees recognized the suspect and notified the Police Department. The suspect abandoned the property inside the business and was later arrested by Dep. Klecker. 2200 hours- Deputy Kibbey conducted a traffic stop and arrested Tuyet Thi Binyon for DUI 11/28 Saturday (96) 0057- hours-- Deputy Lim responded to 50`" Ave and Park Ln. regarding a major injury traffic collision involving a vehicle that had collided with a tree. Investigation revealed a large tree planted in the center divider had fallen over blocking the entire westbound lanes. The driver sustained moderate injuries to his face and was transported to Desert Hospital. 0210 hours-- Deputy Davis conducted a traffic stop at Washington and Fred Waring Drive. Cindy Neuburger was arrested for driving under the influence of alcohol. 0830 hours-- Deputy Klecker was on patrol when he noticed an open gate to the Watermark Villas in the 79800 block of Ave 52. Checking the location, he found that eight villas had been burglarized. 414 2200 hours- Deputy Scott conducted a traffic stop at Calle Chihuahua and Avenida Rubio and arrested James Gray for driving under the influence of alcohol. 11/29 Sunday (77) 0052 hours — Deputy Davis conducted a traffic stop at Washington St and Via Sevilla. Erin Sullivan was arrested for DUI. 0349 hours — Deputy Davis conducted a traffic stop at Washington St and Channel Dr. The driver, Jessup Grant, was arrested for DUI. The passenger, Joshua Jones, was arrested for public intoxication. 1440 hours- Deputies Burgie and Fredericks responded to Wal-Mart and arrested Martika Zaragoza for shoplifting. 1615 hours- Deputy Jauert responded to a theft from a vehicle in the Home Depot parking lot. The victim entered the store and left his construction equipment unsecured in the rear of his truck. When he returned he found a hand written note on his truck describing a person taking items from his truck and loaded them in an SUV. The anonymous witnessed wrote down the suspect license plate. Sgt. Hignight asked Set Team deputies to assist and they located the suspect vehicle in a driveway in the 45800 block of Rogue River in the City of Indio. Omar Ortega was taken into custody for the grand theft and possession of stolen property The victim identified his property and the property was released to the victim. Ortega was booked into the Indio Jail. 1804 hours- Deputy Anderson responded to a hit and run accident in the 52600 block of Avenida Martinez. Christopher Goble was arrested for DUI. 11/30 Mondav (98 1500 hours - La Quinta Police Department Special Enforcement Team and investigators from Riverside County Sheriff's Department Special Investigation Bureau served a warrant at a business, located in the 40000 block of Adams St., unincorporated area of Bermuda Dunes. Officers searched the business and seized large caliber ammunition and a large caliber weapon. Craig Harris, business owner, was booked into the Indio Jail for weapons violations. Total Calls for Service: 3,207 415 CITY OF LA QUINTA Special Enforcement Team November 2009 Deputy Adonis Glasper Deputy Joshua Reinbolz Deputy Jessica Vanderhoof Deputy Claudia Rodriguez Deputy Jason Chancellor Deputy Shaun Hughes Sgt. Mark Hoyt -- Supervising Sergeant Crrmmary of Activity Type of Activi # of Incidents --- Type of Activity, # of Incidents Programs 7 Weapons RecoveredE23 Vehicle Checks/Stops 48 Arrest Warrants Served9 Pedestrian Checks 53 Search Warrants Follow-ups 27 Parole Searches Citations Issued 12 Arrests/Filin s 9 SIGNIFICANT ACTIVITY Deputies from the La Quinta SET responded to a in -progress residential burglary on Senesta Way. While SET deputies were searching the area they located the suspect who was later positively identified by the victim. The suspect was subsequently arrested for residential burglary. La Quinta SET deputies received information of a prostitution ring at a message parlor on HWY I l I. SET deputies, along with investigators from the Riverside County Special Investigations Bureau conducted a prostitution sting and arrested several subjects for prostitution and pandering. SET deputies along with La Quinta School Resource Officers responded to a man with a gun on Washington St. SET deputies located a male subject who was found to have two loaded firearms in his waistband area. It was later discovered one of the weapons was stolen from a residence in the Sun City Dell Web community. The suspect was arrested and taken to the Indio Jail. SET deputies responded to a residence on Avenida Mendoza to conduct a follow-up investigation. While deputies were attempting to contact the occupants of the house, they noticed two subjects participating in illegal narcotic activity. Upon contact with one of the occupants, several military grenades were observed on the kitchen table. A search warrant was obtained for the residence. Upon conducting the search warrant, several firearms including a Tommy gun, M-I rifle, AR-15 rifle with an attached grenade launcher, and 500 illegal tracer bullets were located. In addition, product from a large scale methamphetamine lab were located at the residence. The occupants were arrested for being under the influence of methamphetamine. Later in the week a second search warrant was obtained for the homeowner's business on Adams St., in Bermuda Dunes. The search warrant was conducted and several large caliber tracer bullets and a large caliber machine gun were located. The homeowner/suspect was arrested for weapons violations and booked into to the Indio Jail. 4.16 CITY OF LA QUINTA Traffic Services Team Report November 2009 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton C.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The downward spiral for traffic collision activity within the city of La Quinta has continued during the month of November. Overall public roadway collision activity has dropped 14.58% when compared with the same time frame in 2008. When all collision activity is counted, the residents and visitors throughout our city have enjoyed a 11.63% collision rate reduction. Due to an alarming increase in collision activity involving bicycles, accounting for 10% of all collisions within the city), Traffic Services has increased safety enforcement programs during November. As a result, the month of November exhibited a plateau in reported bicycle or pedestrian involved collisions. As expected, Traffic Services will continue to monitor this identified trend and maintain a proactive approach to safety violations that contribute to this collision type. _ La Quinta Police Officers consistently average fourteen impaired driver arrests each month. Impaired driving collisions have stabilized throughout the city and actually receded 41.03%, comparative to 2008. However, the increased social activity brought by the cooler months warrants continued educational programs and increased saturation patrols. In keeping with all developing trends, La Quinta Traffic Services constantly shifts its focus to address the leading causes of collisions within the city boundaries. City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report November 2009 Current Month New YTD Last YTD % Change Total T/C - Public Highway 13 287 336 -14.58% Fatal Collisions 0 0 3 -100.00% Number Killed 0 0 3 -100.00% Injury Collisions 2 59 77 -23.38% Number Injured 2 68 105 -35.24% Property Damage 11 228 256 -10.94% Type of Collision Hit & Run 0 50 48 4.17% Private Property 2 55 51 7.84% Bicycle Collisions 1 16 6 166.67% Number Injured - Bicycle Collisions 0 10 5 100.00% Vehicle vs. Pedestrian 0 8 2 300.00% Alcohol Involved 0 23 39 -41.03% f Reports Taken By Patrol 12 282 304 -7.24% Traffic 3 63 67 -5.97% 0 0 SRO 0 5 5 0.00% Target Team 0 4 11 -63.64% DUTY UNKNOWN 0 1 4 -75.00% Detective 0 0 1 100.00% TOTAL REPORTS 15 342 387 -11.63% Counter Reports % DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Auto R/W Violation 4 26.67% Unsafe Speed 3 20.00% Unsafe Lane Change 3 20.00% ),isafe Starting or Backing 2 13.33% other Improper Driving 2 13.33% Following Too Closely 1 6.67% 418 Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report November 2009 Summary of Activity Type of Activity Number of Incidents Reports 6 Arrests 0 Traffic Stops 0 Business Checks 2 Out of Custody Filings 3 Vehicle Checks 2 Pedestrian Checks 0 Truant 0 A vehicle in the Summit H.S. parking lot was found to have a BB gun and a baseball bat in it. The student driving the vehicle stated that he knew the items were in the vehicle. Possession of a weapon on a school campus charges were filed against the student. A resident contacted me regarding students damaging her property. The resident did not desire prosecution, so a report was prepared to document the incident. I was contacted by a Colonel Mitchell Paige school counselor regarding a mentally disturbed juvenile. After speaking with the student, it was determined that he was a danger to himself. A 72 Hour hold was placed on the juvenile and he was transported to Oasis Mental Health. I was contacted by a teacher regarding a student brandishing a weapon and committing a hate crime. The student called the teacher a derogatory racial term and grabbed a baseball bat. The student was placed under arrest and booked into Indio Juvenile Hall. Out of custody charges were filed against a student for trespassing and for being in )ossession of a butterfly knife. 419 Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report November 2009 Summary of Activity Type of Activity umber of Incidents Criminal Reports 11 Parking Citations 10 Arrests 1 Business Checks 7 Y.A.T.. Referral 5 Vehicle Checks 13 Pedestrian Checks 9 Follow -Up 8 Traffic Stops & Citations 25 DA Filings 2 Bicycle I Segway Patrol Miles 28 Truant Sweeps 1 Requested admission of a female juvenile to mental health after she stated that she wanted to die. An unauthorized male adult was on campus and was instructed to leave and not to return. When he returned, it was found that he was in possession of marijuana. He was arrested and booked into Indio jail for drug possession and violation of probation. I have been conducting traffic control every morning at Dune Palms Rd. south of Westward Ho Drive and every afternoon at Westward Ho Drive in front of L.Q.H.S. football statium. This effort is necessary to keep the flow traffic moving around the school and to ensure pedestrian safety. I am continuing bicycle and SEGWAY mobile patrol of L.Q.H.S. and the surrounding area. Mobile patrol has proven to be very effective as a law enforcement tool. Mobile patrol offers high visibility and a swift response to detect, stop and deter crime. Conducted RADAR speed enforcement on the roadways surroundng L.Q.H.S. I coordinated the law enforcement presence for the L.Q.H.S. first round CIF playoff game. 420 La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report November 2009 Deputy Rebecca Smith Summary of Activitv Type of Activity Number of Incidents Reports 6 Arrests 2 City Park Area Checks 4 Parking Citations 1 Truancy Citations 1 Vehicle Checks 4 Follow-up / Public Assist 17 Pedestrian Checks 27 Y.A.T. Referral 4 Traffic Citations / Traffic Stops 4 District Attorney Filings 0 Business Checks 1 Home Visits 5 I was called by the YMCA in reference to two male juveniles who were vandalizing the wall surrounding the trash cans. Based on the description provided, I was able to locate the two suspects inside of the Boys and Girls Club. I searched the two suspects and located the markers and paint pens used in the vandalism. Both juveniles were students at La Quinta Middle School with whom I had previously spoken with about graffiti. Both suspects were arrested and booked at the Indio Juvenile Hall for vandalism and for possession of vandalism tools. I was contacted by a teacher who was concerned for the well-being of a student teacher. I located the student teacher in the school parking lot as he attempted to enter his vehicle. He told me he was having a reaction to his prescribed medications. I had CDF respond to check on his condition. Concerned for his safety and physical health, 1 placed a hold on the subject for a mental evaluation. He was transferred to the hospital and was released a few days later. He has not returned to the school. 4?1 Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report November-- 2009 SIGNIFICANT ACTIVITY Partnered with the La Quinta Special Enforcement Team and served a narcotics and weapons related search warrant. As a result, multiple guns were recovered as well as illegal ammunition. The suspect was located at the location and arrested. I investigated a commercial burglary that occurred at a department store. Multiple suspects were arrested and interviewed. I was able to recover additional property believed to be stolen from multiple retail stores in the City of Palm Desert. CITY OF LA QUINTA Community Service Officer Report November 2009 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Summary of Activity Type of Activity Number of Incidents Bur lary Investigations 3 Grand Theft Reports 5 PettyTheft Reports 7 Vandalism/Malicious Mischief Reports 23 Traffic Collision Response 26 Vehicle Code or Parking Citations 190 Abandoned Vehicles Tagged/WarningTagged/Warning 7 Towed Vehicles 3 Lost or Found Property Reports 6 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 29 Miscellaneous Calls 105 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report November 2009 Summary of Activitv Community Policing Office Number Citizens On Patrol Number Monthly Volunteer Hours 134 Traffic Control / Collision 5 Hours Y.T.D. 1,752 Business Checks 9 Hours 4/03 to Present 17,616 Community Events 5 CPO Monthly Visits 121 Courtesy Notifications 8 CPO Y.T.D. Visits 1,158 Miscellaneous Activity 2 CPO Visits 4/03 to Present 14,695 Neighborhood Patrol 6 Vacation Checks 7 Patrol Hours 56 Y.T.D. Patrol Hours 825 Hours 7/06 to Present 4,440 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated Y.T.D. financial benefit to the La Quinta Police Department and the City of La Quinta totals: $41,850.00. Total savings since 2003: $358,189,00. COMMUNITY POLICING OFFICE VOLUNTEERS Currently, there are ten volunteers dedicated to staffing the La Quinta Community Policing Office. These volunteers perform a wide range of administrative duties such as: Data entry for all La Quinta traffic citations (over 7,000), traffic collision data through the Crossroads program as well as staff the office and assisting both citizens and deputies as needed. 4 -) t; CITY OF LA QUINTA Post 503 Explorer Report Nov-09 Corporal David Perez Post 503 Explorers and Staff at the General Patton Museum ACTIVITY Police Explorers are part of the "Learning for Life" career education program in which young men and women are given life and career direction in the following five areas of emphasis: 1. Career Opportunities -- Explorers are given the opportunity to develop potential contacts to broaden future employment options. 2. Leadership Experience -- Through "hands-on" experience, Explorers are allowed to develop leadership skills and traits as well boosting their self-confidence. 3. Character Education -- Each Explorer receives direction designed to help them make appropriate ethical choices as they fulfill their responsibility to society as a whole. 4. Citizenship -- Participants are encouraged to seek ways to help others as they learn to value and respect the basic rights of others. 5. Like Skills -- The pursuit of developing physical and mental fitness and experiencing positive social interaction. The Explorer program offers law enforcement career education for young people 14 years of age (Must have completed 8th grade.) to age 20. Explorer team members must maintain a minimum of a "C" average in their studies in order to participate in the program. For additional information, or to apply for membership, call 760-863-8990 and ask for Corporal Ruben Perez. Department Report: LA LINTA PiLICE Served by the Riverside County Sher ffs Depar sera Crime Statistics Summary October -- 2009 Prepared for 9 10 11 12 13 CITY OF LA QUINTA Crime Comparison -- October CRIME October October YTD YTD 2009 2008 2009 2008 AGGRAVATED ASSAULTS 8 10 53 49 BURGLARY 58 52 462 436 BURGLARY - VEHICLE 13 22 220 190 DOMESTIC VIOLENCE 7 22 139 143 HOMICIDE 0 0 1 1 NARCOTICS VIOLATIONS 24 26 218 189 ROBBERY 5 3 20 29 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 3 4 50 33 SEX CRIME MISDEMEANOR 1 0 21 13 SIMPLE ASSAULTS 4 11 59 87 THEFT 74 67 691 626 VEHICLE THEFT 3 10 71 105 CITY OF LA QUINTA Average Response Time October 2009 NUMBER OF TYPE OF CALL RESPONSE TIME (MINUTES) INCIDENTS EMERGENCY 4.65 2 ROUTINE 7.43 1,895 "Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. Crime Distribution Table Oct-09 % of Total Oct-08 % of Total 1 AGGRAVATED ASSAULTS 8 4.00% 10 4.41% 2 BURGLARY 58 29.00% 52 22.91% 3 BURGLARY - VEHICLE 13 6.50% 22 9.69% 4 DOMESTIC VIOLENCE 7 3.50% 22 9.69% 5 HOMICIDE 0, 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 24 12.00% 26 11,45% 7 ROBBERY 5 2.50% 3 1.32% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 3 1.50% 4 1.76% 10 SEX CRIME MISDEMEANOR 1 0.50% 0 0.00% 11 SIMPLE ASSAULTS 4 2.00% 11 4.85% 12 THEFT 74 37.00% 67 29.52% 13 VEHICLE THEFT 3 1.50% 10 4.41% Total 200 96.00% 227 95.59% CITY OF LA QUINTA October 2009 Crime Distribution a 80 60 50 — 0 30 24 20 —S ..7 -'!d 5 3. 410 3 0 �' �� v �y v,m K -C vzi� nn m Y� o � m 42)'3 Month to Month Crime Comparison October as 7 70 — 0October 2009 58 � _ 50 00ctober 2008 40 30 2r ---- 2426 20 8 10 �.. 10 10 —9-3 3-4 4— 0 0 0 0 1 0 0 a an c <c E5� as K zK K3 mF .-gym � y zn �N n >ZR Z o > A Year to Date Crime Comparison October ® YTD 0 YTD vcjv,, mC7 691 26 443687 - 2l 13943 7 4?9 Month to Month Calls for Service Comparison October 2009 3,500 ,038 3,000 2,500 2,000 �89—�-643 © Oct-09 1,500 1,34�'395 0 Oct-08 1,000 500 — 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 30,000 28,245 25,000 4,970 r,1= hat 20,000 A o YTD 2009 0 YlU 2008 15,000 15,209 11,849 { 10,000 r 5,000 0 Total Non-Crirrenal Criminal 430 04 O `y OF TK4' COUNCIL/RDA MEETING DATE: December 15, 2009 ITEM TITLE: Continued Public Hearing to Consider Adoption of Resolutions for: 1) Certification of a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program for Environmental Assessment 08-601; 2) Approval of Specific Plan 83-002 Amendment 7; 3) Approval of Tentative Tract Map 36139; and 4) Approval of Site Development Permit 08-907 in order to Subdivide the Project Site and Construct the PGA West Golf Villas; a 54-unit Residential Development Consisting of Single -Family Attached Duplex Units and Community Center for Property Located on the West Side of PGA Boulevard, between Avenue 54 and Avenue 58. Applicant: Pyramid Project Management, LLC RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: / Continue the public hearing until the regularly -scheduled City Council meeting of March 16, 2010, per the Applicant's request. FISCAL IMPLICATIONS None CHARTER CITY IMPLICATIONS None BACKGROUND AND OVERVIEW Zoning: Low -Density Residential (RL) General Plan Designation: Low -Density Residential (LDR) Surrounding Zoning and Land Uses: North: Palmer Private Clubhouse South: Residential (TR 28259-1); Golf Course East: PGA Boulevard West: Golf Course/Driving Range Property Description and History: PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, the PGA West community is almost completely developed, with the exception of a few scattered residential lots and an approximately 42-acre site near the southern terminus of PGA Boulevard, which is located immediately east of the subject property and is entitled with a 264-unit residential development (Eden Rock). The subject property is an approximately 25-acre area near the center of the community. At this time, the property is comprised of the Private Clubhouse, associated parking, nineteen tennis court facilities and a Health and Racquet Club. This proposal was scheduled to be considered at the City Council meeting of October 6, 2009. However, the item was continued to the present date in order for the applicant to meet with various PGA West Homeowner's Associations and residents to resolve a variety of project -related issues. On December 8, 2009, staff received a letter from the applicant requesting another continuance to March 16, 2010 (approximately 90 days) in order to continue meetings and discussions with the Master HOA and residents. PROPOSAL Overview The applicant is proposing to subdivide the subject property into three separate parcels (see Tentative Tract Map discussed below for further description). The PGA West Golf Villas site is approximately 15 acres in size and will consist of 54 single-family attached duplex units and a new community recreation building. The 11 43= Villas project site is located on the west side of PGA Boulevard (Attachment 2, Sheet 2). Located directly to the north of the Villas project site is the Palmer Private Clubhouse, a remodel and expansion of which is currently proposed under a separate site development permit and public hearing (SDP 09-91 1). A driving range is located to the west of the Villas project site. Existing PGA West single- family homes and golf course areas are located to the south. The primary configuration of the Villas consists of duplex units clustered around a new private street (Attachment 2, Sheet 4). Vehicle access to the Villas will be provided via a new entrance drive proposed along the eastern edge of the Palmer Private Clubhouse parking lot, which will then connect with PGA Boulevard. An emergency access will also be provided near the southeast corner of the Villas site, directly connecting with PGA Boulevard. The nineteen existing tennis courts and the Health and Racquet Club will be replaced by five new tennis courts, one of which will be a stadium court design, and a new community recreation building. Specific Plan Amendment The applicant has proposed a Specific Plan Amendment (Attachment 3). This represents the seventh proposed amendment to the original PGA West Specific Plan, and includes the re -designation of the 25-acre project area within Planning Area III from CT/RSP — Tourist Commercial/Residential Specific Plan land use to RL- (RSP) — Residential Specific Plan land use. This amendment is necessary to accommodate the proposed PGA West Golf Villas development and Private Clubhouse remodel and expansion. The amendment also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. Tentative Tract Map The applicant proposes to subdivide the approximately 25-acre project site into three numbered lots and four lettered lots (Attachment 4). Lot 1, which is approximately 9 acres, would consist of the Private Clubhouse and parking lot. Lot 2, at approximately 15 acres, would consist of the proposed 54-unit Villas community and recreation building. Lettered Lot A and Lot D are located internal to Lot 2 and provide circulation and open space areas within the proposed Villas community. Lettered Lot B and Lot C, which are approximately 0.28 acres combined, consist of open space areas along the perimeter of Lot 2. Lot 2 is the reason Tentative Tract Map 36139 is a condominium map, as the proposed 54 units are to be situated on the same lot. Lot 3, at approximately 0.5 acres, is a remainder lot that will be used for the future construction of a single-family home. This lot is not a part of the Villas community. A new private street system will be introduced to serve the Villas proposed on Lot 2. The road network will consist of a 29-foot wide private street. The proposed 43 street width will adequately serve two-way vehicle movement but will not allow on -street parking. In addition to the parking proposed for each villa unit and the community recreation building, 20 off-street parking spaces are proposed in five 4- stall clusters to be placed in various locations near villa units. Villas Site Development Permit Residential Units Included with this proposal are architectural plans of the PGA West Golf Villas residential units, which have been designed to reflect a modified Tuscan design, referred to by the project architect as a Tuscan Territorial Modernism architectural style (Attachment 5). The architectural elements of the Villas units includes use of flat concrete tile roofing, a variety of stained stucco and wood, stone accents, as well as steel and metal finishes (Attachment 2, Sheets 8 — 9). Balconies, trellises, chimney accents, and other design elements provide architectural articulation to the various building facades. Each of the typical 54 two-story units has the following characteristics (Attachment 2, Sheets 5 — 7): • 2,180 square feet • 3 bedrooms, 3.5 bathrooms 2-car garage • Covered and uncovered terraces and balconies Each duplex consists of staggered mirror images of the typical Villas unit, with identical floor plans and features, but with a slight variation in orientation. The height of the Villas units, at the highest roof ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 8 — 9). The height of the chimney architectural projection is approximately 23'-6" in height (Attachment 2, Sheets 8 — 9). Community Recreation Building Included with this proposal are plans for the development of a 3,400 square foot community recreation building, which includes management offices, game and exercise rooms, a kitchen, lounge area, and pool and spa facilities (Attachment 2, Sheet 10). Vehicular access to the community recreation building is off of the new private street within the Villas community. Pedestrian pathways are also provided throughout the community that connects the Villas units to the community recreation building (Attachment 2, Sheet 4). A total of eleven parking spaces are provided, including two ADA-accessible spaces. Although the five proposed new tennis courts will be located adjacent to the community building, they are not an 434 amenity of the Villas. They are available for use by existing Tennis Members, and may be made available for use by Villas owners, depending on management and market analysis. The community recreation building has been designed to be architecturally consistent with the Villas and reflects a modified Tuscan architectural style. The building incorporates use of the same architectural design elements, materials and colors as the Villas. The community recreation building, at the highest ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 12 — 14). Landscaping The landscape plan for the Villas identifies a plant palette consisting of low- to moderate -water use trees, shrubs, and groundcover generally consistent with what is permitted in the PGA West Specific Plan (Attachment 2, Sheet 15). Landscaping throughout the Villas community is plentiful and is designed to complement the architecture and layout of the duplexes and community building. Areas of turf have been limited to small patches around pedestrian walkways and an expansive common area in the middle of the community. Perimeter landscaping along PGA Boulevard and Double Eagle Way, including turf areas, trees/shrubs, and perimeter walls, will be constructed to match the existing conditions. The applicant proposes the use of Mediterranean Fan Palms, Palo Verdes, Chilean Mesquites, and Desert Acacias, among others (Attachment 2, Sheet 24). A variety of small and large accent shrubs, including Red Bird of Paradise, Compact Myrtles, and Agaves, are proposed in the areas surrounding the duplex units and around the community building (Attachment 2, Sheet 26 — 28). Types of groundcover used include Desert Carpet, Purple Trailing Lantanas, and Petunias. The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 30 — 34). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. The applicant also proposes a water feature with a cascading fountain located in the center of the main entrance traffic circle (Attachment 2, Sheet 18). PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. PUBLIC NOTICE The proposed project applications were advertised in The Desert Sun newspaper on September 11, 2009 for the September 22, 2009 Planning Commission hearing .. 435 and on September 25, 2009 for the October 6, 2009 City Council hearing. Two written comments were received prior to the Planning Commission hearing (Attachment 6), and to date, multiple letters have been received for the City Council hearing (Attachment 7). Additionally, staff has received the aforementioned letter of request for continuance of the proposal from the applicant (Attachment 8). ENVIRONMENTAL REVIEW The La Quinta Planning Department has prepared Environmental Assessment 08- 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact be certified. PLANNING COMMISSION ACTION The Planning Commission considered this request at its meeting of September 22, 2009 (Attachment 9). The discussion points primarily focused on the architecture of the Villas and community building, as well as the phasing of construction (Attachment 10). With regards to the architecture, the Planning Commission found that the layout and design of the proposed Villas to be acceptable. Although some initial concerns were expressed, after a presentation from the project architect and discussion focusing on architectural influences within this project and within PGA West, the Planning Commission accepted the proposed architecture. Furthermore, the Planning Commission did concur with concern expressed in the staff report that the proposed building color palettes were too dark and subsequently resulted in the proposal being incompatible with the existing PGA West neighborhoods. Staff had recommended a condition of approval directing the color palette and roofing materials for both the Villas and community building be amended to represent the lighter colors typically found in PGA West. In response, the applicant proposed to the Commission during the hearing an amended lighter color palette and an amended roofing material that was ultimately accepted by the Commission (Attachment 11). With regards to the timing and phasing of construction, the Planning Commission was concerned about the availability of existing amenities during construction of the Villas and the adjacent Private Clubhouse. Specifically, the Commission did not want any of the existing amenities (Health & Racquet Club, tennis courts, etc.) to be unavailable for member use prior to the construction and operation of the new facilities. A condition of approval was added by the Commission that prohibited the issuance of a demolition permit by the City for either the Health & Racquet Club or existing tennis courts prior to the issuance of building permits for construction of new facilities. After the Planning Commission meeting, the applicant submitted a letter to the Planning Department requesting to add the following text to Tentative Tract Map condition of approval #84 (Attachment 12): "To the extent temporary health club facilities are established during construction, this condition shall be satisfied if such temporary facilities are located within the core of PGA West, not to exceed 2,500 feet from the PGA West Private Clubhouse." If the Council determines after the public hearing that the proposed language change for condition of approval #84 is acceptable, the condition of approval will then need to be amended to reflect the change. The Commission also added a condition of approval that requires the completion of the new Villas community recreation building by the time the 301" building permit is issued for the Villas units. Staff had recommended that the Planning Commission discuss the use and viability of a proposed water feature located in the center of the main entrance traffic circle. As part of the applicant's presentation, they indicated that the water feature had been omitted from the proposal and replaced with additional landscaping. With regards to public responses to the proposed Villas project at the hearing two PGA West residents spoke. The first expressed concern regarding the relationship of the proposed project and the local housing market. The second raised concerns regarding the timing of entitlement processing and requested that the project be considered for public hearing during the winter season when the majority of PGA West residents could be present. His additional concerns were with the "architectural vibrancy" of the Villas and the lack of architectural compatibility with the existing residences and mountain views as well as the continuing availability of amenities such as the tennis courts and fitness facilities during the project's various phases of construction. The Commission's added condition of approval regarding construction phasing and amenity requirements alleviated this issue. The Planning Commission recommended to the City Council approval of all applications on 5-0 votes for the Environmental Assessment, Specific Plan Amendment, Tentative Tract map, and Site Development Permit. FINDINGS AND ALTERNATIVES The Findings, as noted in the attached Resolutions, required by the Zoning Ordinance, Subdivision Ordinance, and CEQA, can be made, subject to the recommended Conditions of Approval. 43( The alternatives available to the City Council include: 1. Continue the public hearing until the regularly -scheduled City Council meeting of March 16, 2010, per the Applicant's request; or, 2. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program for Environmental Assessment 08-601, subject to the attached Findings; and, Adopt a Resolution of the City Council approving Specific Plan 83-002 Amendment 7, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Tentative Tract Map 36139, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 08-907, subject to the attached Findings and Conditions of Approval; or, 3. Do not adopt the Resolutions approving the Project; or, 4. Provide staff with alternative direction. Respectfully R.7i Attachments: mitted, Planning Director Approved for submission by: � � , I ) 114 � Z" e � Thomas P. Genovese, City Manager 1. PGA West Vicinity Map 2. PGA West Golf Villas Submittal Packet 3. PGA West Specific Plan 83-002 •Amendment 7 4. Tentative Tract Map 36139 5. PGA West Golf Villas Architectural Design Narrative 6. Written Correspondence (prior to Planning Commission — for Council only) 7. Written Correspondence (prior to City Council — for Council only) S. Letter of Request for Continuance (from Applicant) 9. Planning Commission Staff Report 10. Minutes of September 22, 2009 Planning Commission Meeting 11. Revised Building Color Palette 12. Letter of Request to Amend TTM Condition of Approval #84 43�)) CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR SPECIFIC PLAN 83-002 AMENDMENT 7, TENTATIVE TRACT MAP 36139, AND SITE DEVELOPMENT PERMITS 08-907 AND 09-911 CASE: ENVIRONMENTAL ASSESSMENT 08-601 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 151h day of December, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009, to consider a request by Pyramid Project Management, LLC to adopt Environmental Assessment 08-601, prepared for Specific Plan 83-002 Amendment 7, Tentative Tract Map 36139, and Site Development Permits 08-907 and 09-911, for the PGA West Golf Villas and Private Clubhouse located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly noticed Public Hearing and recommended certification of a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program, known as the PGA West Golf Villas and Private Clubhouse; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 08-601) and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact and a Mitigation Monitoring and Reporting Program should be adopted; and, WHEREAS, at upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council 446 City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 2 did find the following facts, findings, and reasons to justify adoption of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 08-601. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Although development of the site has the potential to impact cultural and paleontological resources, the mitigation measures included in the project approval will reduce these potential impacts to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long , term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The project is consistent with the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. As the Coachella Valley is in a non- 44i City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 3 attainment area for PM10, and the development of the site will generate PM10 and this have the potential to adversely affect human beings due to air quality as well as noise impacts, several mitigation measures have been included as part of the project approval in order to reduce the impacts to a level of non -significance. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 08-601 and said assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Planning Department located at 78-495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1 . That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby certify Environmental Assessment 08- 601 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Planning Department. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 151" day of December, 2009 by the following vote, to wit: AYES: NOES: .... 442 City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 4 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California . 44•�; CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 83-002 AMENDMENT 7, BRINGING LAND USE DESIGNATIONS WITHIN THE PGA WEST SPECIFIC PLAN INTO CONSISTENCY WITH THE CITY OF LA QUINTA'S GENERAL PLAN AND ZONING MAPS, AND ALSO TO FACILITATE DEVELOPMENT OF THE PGA WEST GOLF VILLAS CASE: SPECIFIC PLAN 83-002 AMENDMENT 7 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 15" day of December, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009, to consider a request by Pyramid Project Management, LLC for approval an amendment to the existing PGA West Specific Plan in order to accommodate plans for a 54-unit residential development consisting of single-family attached duplex units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Specific Plan Amendment and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-027, recommending to the City Council approval of Specific Plan 83-002 Amendment 7; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, W. 44 City Council Resolution 2009- Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 2 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan: 1. Consistency with the General Plan The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the design, height, scale and mass of the residential units and community facilities permitted in the specific plan are compatible with the goals and policies of the General Plan Low Density Residential (LDR) Land Use designation. The amendment also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. 2. Public Welfare Approval of the proposed specific plan amendment will not create conditions materially detrimental to public health, safety and general welfare as Environmental Assessment 08-601 was prepared, and certification of the Environmental Assessment is in compliance with CEQA requirements. 3. Land Use Compatibility The proposed Specific Plan Amendment incorporates land uses that are compatible with zoning on adjacent properties. The design and density regulations specified in the specific plan amendment for residential and related recreational facilities, including attached single-family duplex resort residences and community recreation buildings, are compatible with the existing single-family resort homes and recreation amenities located within the specific plan area and on surrounding properties. ,. 44 City Council Resolution 2009- Speciflc Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 3 4. Property Suitability The uses permitted in the specific plan amendment, including attached single-family duplex resort residences and community recreation buildings, are suitable and appropriate for the subject property in that the land is relatively flat and surrounded by similar existing uses such as single-family homes. The current specific plan area is served without adverse impact by all necessary public services and utilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1 . That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby approve Specific Plan 83-002 Amendment 7 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 151n day of December, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California City Council Resolution 2009- Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 4 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 441 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002 AMENDMENT 7 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan 83-002 Amendment 7 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 83-002 Amendment 7, these conditions shall take precedence. 3. Specific Plan 83-002 Amendment 7 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Planning Department. The Final Specific Plan shall include all original Specific Plan 83-002 Amendment 4 text and graphics except as amended by this action, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Director. 448 CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 36139, SUBDIVIDING ± 25 ACRES INTO THREE PARCELS FOR THE PGA WEST GOLF VILLAS AND PRIVATE CLUBHOUSE CASE: TENTATIVE TRACT MAP 36139 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 15" day of December, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009, to consider a request by Pyramid Project Management, LLC to subdivide ±25 acres into three parcels accommodating an existing golf course clubhouse, creating a single-family residential lot and a lot for the future development of 54-unit residential project consisting of single-family attached duplex condominium units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Tentative Tract Map and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-028, recommending to the City Council approval of Tentative Tract Map 36139; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the proposed Tentative Tract Map 36139 is for condominium purposes in order for Lot 2 to accommodate the future development of a 54-unit residential project know as the PGA West Golf Villas; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 44.. City Council Resolution 2009- Tentative Tract Map 36139 Pyramid Project Management, LLC Page 2 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following findings to justify approval of Tentative Tract Map 36139: 1. The design of proposed Tentative Tract Map is consistent with the City's General Plan in that its street design and parcels are in conformance with applicable goals, policies, and development standards, and will provide adequate infrastructure and public utilities. Additionally, the 54-unit Golf Villas do not exceed the maximum density allowed (60 units at 4 units/acre) per the General Plan as well as the PGA West Specific Plan. 2. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat because mitigation measures and conditions of approval have been incorporated into the project approval to mitigate impacts where needed. 3. The design of the subdivision or type of improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed, based on applicable local, State, and Federal requirements. 4. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: That the above recitations are true and correct and constitute the findings of said City Council in this case; and 43Cj City Council Resolution 2009- Tentative Tract Map 36139 Pyramid Project Management, LLC Page 3 2. That the City Council does hereby approve Tentative Tract Map 36139 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 15`h day of December, 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 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 . PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 1 GFNFRAI 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Tract Map shall expire on December 15, 2011, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of Time for Tentative Maps). 4. Tentative Tract Map 36139 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 Specific Plan 83-002 Amendment 7 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 2 Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department Riverside Co. Environmental Health Department • Coachella Valley Unified School District Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (11 acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). .. 4 5 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 3 The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 4 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 1 1 . Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 12. The applicant shall retain for private use on the Final Map all private street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 11 PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 2) Double Eagle Way — No additional off -site street dedication is required except for the construction of the proposed cul-de-sac at the westerly end. 451 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 5 B. PRIVATE STREETS (ON -SITE) 1) Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width where on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. C. CUL DE SACS 11 The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN -AROUND 11 The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the as shown on the approved rough grading plan. 14. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 06 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 6 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to PGA Boulevard and Double Eagle Way from lots with frontage along PGA Boulevard and Double Eagle Way is restricted, except for those access points identified on the Site Development Permit 2008-907, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENT 20. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 21. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 22. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) 45i CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 7 A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 2) Double Eagle Way — No additional off -site street widening is required except for the construction of the cul-de-sac at the westerly end. B. ON -SITE PRIVATE STREETS 11 Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28 feet travel width where on -street parking is prohibited and adequate off-street parking for residents and visitors. The applicant will establish provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. 23. All gated entries shall be as shown on the preliminary precise grading plans prepared for SDP 08-907 and SDP 09-91 1 and Tentative Tract Map No. 36139 dated August 25, 2009 and as approved by the City Engineer. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 8 24. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 25. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 26. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 27. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive) �q59 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 9 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 30. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths where new parking lot configuration is proposed shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls where new parking lot configuration is proposed shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 46u CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 10 31. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials 32. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 34. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 35. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. 461 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 11 MPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 36. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 37. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. On -Site SDP 2009-911 Clubhouse Expansion Precise Grading Plan 1 " = 20' Horizontal G. On -Site SDP 2008-907 New Clubhouse Precise Grading 1 " = 20' Horizontal 4 6 1 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 12 The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in 463 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 13 the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 38. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 39. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 40. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 41. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 42. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). .. 464 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 14 43, Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 44. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 465 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 15 45. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 46. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRAnING 47. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 48. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 49. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, •1 466 CITY COUNCIL RESOLUTION 2009- CONDITI6NS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 16 C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 50. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 51. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 52. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 32 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 17 53. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 54. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 55. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.51 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. 56. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 57. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. 468 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 18 DRAINAGE 58. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 59. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 60. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 61. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001 . A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTII ITIFS 62. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 63. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures 4Fi CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 19 including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 64. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 65. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 66. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 67. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 68. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 69. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 4 10 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 20 70. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 71. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 72. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 73. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 74. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. 4l CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 21 FEES AND DEPOSITS 75. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 76. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 77. Tentative Tract Map 36139 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Planning Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. 78. In accordance with Chapter 3.34 of the La Quinta Municipal Code, future development permits are subject to the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee. SHERIFF'S DEPARTMENT 79. As part of the building permit review process for structures located with this map, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 80. As part of the building permit review process for structures located with this map, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 22 time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. 81. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Agua Caliente THPO. 82. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MLD to determine the final disposition of the remains. 83. The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 301h building permit within the Villas project. 84. No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139. ,. 4 7 „ CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMM TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 1 eT:019I. a\1 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Tract Map shall expire on December 15, 2011, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of Time for Tentative Maps). 4. Tentative Tract Map 36139 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 Specific Plan 83-002 Amendment 7 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 2 Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NO]"), prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 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 (11 acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). •' 471 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 3 The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 476 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 4 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 1 1 . Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 12. The applicant shall retain for private use on the Final Map all private street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 2) Double Eagle Way — No additional off -site street dedication is required except for the construction of the proposed cul-de-sac at the westerly end. 47 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 5 B. PRIVATE STREETS (ON -SITE) 1) Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width where on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. C. CUL DE SACS 11 The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN -AROUND 11 The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the as shown on the approved rough grading plan. 14. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 43 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 6 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to PGA Boulevard and Double Eagle Way from lots with frontage along PGA Boulevard and Double Eagle Way is restricted, except for those access points identified on the Site Development Permit 2008-907, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENT 20. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 21. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 22. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) 4 7 ) CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 7 A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 2) Double Eagle Way — No additional off -site street widening is required except for the construction of the cul-de-sac at the westerly end. B. ON -SITE PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28 feet travel width where on -street parking is prohibited and adequate off-street parking for residents and visitors. The applicant will establish provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN AROUND 11 The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. 23. All gated entries shall be as shown on the preliminary precise grading plans prepared for SDP 08-907 and SDP 09-911 and Tentative Tract Map No. 36139 dated August 25, 2009 and as approved by the City Engineer. •q 3 0 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 8 24. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 25. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 26. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction), aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 27. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive) 4 �.1 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMM TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 9 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 30. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths where new parking lot configuration is proposed shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls where new parking lot configuration is proposed shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. o -� CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 10 31. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 32. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 34. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 35. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 11 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 36. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 37. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. On -Site SDP 2009-91 1 Clubhouse Expansion Precise Grading Plan 1 " = 20' Horizontal G. On -Site SDP 2008-907 New Clubhouse Precise Grading 1 " = 20' Horizontal CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 12 The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in 48;; CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 13 the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 38. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 39. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 40. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 41. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 42. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). " 4UC CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 14 43. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 44. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. .. 4 8 7 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 15 45. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 46. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. ra1:7eIM1i01re 47. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 48. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 49. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified enginee ,,� CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 16 C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with.its application for a grading permit. 50. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 51. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 52. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 489 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 17 53. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 54. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 55. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 56. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 57. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. .. 400 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 18 DRAINAGE 58. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 59. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 60. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 61. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001 . A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001 . B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. 137-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTILITIES 62. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 63. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures 49� CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 19 including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 64. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 65. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 66. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 67. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans)• 68. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 69. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 20 70. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 71. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 72. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 73. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 74. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 21 FEES AND DEPOSITS 75. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 76. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 77. Tentative Tract Map 36139 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Planning Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. 78. In accordance with Chapter 3.34 of the La Quinta Municipal Code, future development permits are subject to the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee. SHERIFF'S DEPARTMENT 79. As part of the building permit review process for structures located with this map, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 80. As part of the building permit review process for structures located with this map, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 22 time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 81. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Agua Caliente THPO. 82.. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MLD to determine the final disposition of the remains. 83. The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 30`h building permit within the Villas project. 84. No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139. 49 CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 08-907, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE PGA WEST GOLF VILLAS AND COMMUNITY RECREATION BUILDING CASE: SITE DEVELOPMENT PERMIT 08-907 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 15t' day of December, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009, to consider a request by Pyramid Project Management, LLC for approval of architectural and landscaping plans for a 54-unit residential development consisting of single-family attached duplex units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Site Development Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-029, recommending to the City Council approval of Site Development Permit 08-907; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, 490 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 2 WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 5`h day of August, 2009, hold a public meeting to review and discuss architecture and landscape plans and although no consensus was reached, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: Consistency with the General Plan The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes an attached single-family duplex resort community as part of a previously -approved residential development which is General Plan -designated for LDR (Low Density Residential) development. 2. Consistency with the Zoning Code and PGA West Specific Plan The proposed structures, as conditioned, are consistent with the development standards of the City's Zoning Code and the PGA West Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The community is consistent with the La Quinta Zoning Map, as it proposes an attached single-family duplex resort community as part of a previously -approved residential development which is General Plan -designated for RL (Low Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC and the PGA West Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83- 002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and 11 4Ji City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 3 therefore recommends a Mitigated Negative Declaration of environmental impact and Mitigation Monitoring and Reporting Program be certified. 4. Architectural Design The architectural design aspects of the proposed Villas and Community Recreation Building provide interest through use of varied roof elements and colored roof tiles, enhanced building and facade treatments, and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. Although the modified Tuscan architecture and layout is relatively dissimilar to the existing surrounding PGA West residences, the style, as conditioned, is compatible with the existing community conditions in that the intensity of colors has been lightened and roofing material has changed from that originally proposed and they are all styles permitted in the PGA West Specific Plan. The articulated massing reflects village -like clustered style architecture, and the floor plan embraces and enhances the seasonal indoor -outdoor lifestyle, incorporating courtyards, balconies, and terraces. 5. Site Design The site design aspects of the proposed Villas community, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The Villas and Community Recreation Building are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the' proposed Villas community. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. The project landscaping for the proposed Villas, as conditioned, will unify and enhance visual continuity of the proposed 498 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 4 community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to blend with the building architecture and existing site landscaping conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1 . That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby approve Site Development Permit 08- 907 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 15t" day of December, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 5 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 500 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 1 AFNFRAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit 2008-907. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit 2008-907 shall comply with the requirements and standards of Chapter 9 of the La Quinta Municipal Code ("LQMC"), Chapter 13 of the LQMC, and conditions of approval for Tentative Tract Map No. 36139, as applicable. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Site Development Permit shall expire on December 15, 2011, two years from the date of City Council approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Site Development Permit 08-907 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 Specific Plan 83-002 Amendment 7 Tentative Tract Map 36139 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 2 Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 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 5�= CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT. 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 3 more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 11 Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. 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). 56' CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 4 8. Approval of this Site Development Permit 2008-907 shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing on -site private streets that access off -site private streets and open space/drainage facilities of the master development. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 2) Double Eagle Way — No additional off -site street dedication is required except for the construction of the proposed cul-de-sac at the westerly end. a CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 5 B. PRIVATE STREETS (ON -SITE) 1) Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width where on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. C. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map and as approved by the City Engineer. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the Site Development Permit 2008-807 site plan and as approved by the City Engineer. E. EMERGENCY TURN -AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the as shown on the approved rough grading plan. 13. Direct vehicular access to PGA Boulevard and Double Eagle Way from lots with frontage along PGA Boulevard and Double Eagle Way is restricted, except for those access points identified on the Site Development Permit 2008-907, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 5:' CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 6 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENT 15. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 16. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flow line shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 17. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 2) Double Eagle Way — No additional off -site street widening is required except for the construction of the proposed cul-de-sac at the westerly end. B. ON -SITE PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28 feet travel width where on -street parking is prohibited and adequate off-street parking for residents and visitors. The applicant will establish provisions for ongoing enforcement of the 5 u CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 7 parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. 18. All gated entries shall as shown on the preliminary precise grading plans prepared for SDP 08-907 and SDP 09-911 and Tentative Tract Map No. 36139 dated August 2009 and as approved by the City Engineer. 19. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. 1. 5 7 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 8 Entry drives, main interior circulation routes, corner cutbacks, and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 20. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b.. or the approved equivalents of alternate materials. 21. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 22. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive to Clubhouse) 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 25. The design of parking bays along Street A (Lot A of Lot 2) shall conform to LQMC Chapter 9.150 and in particular the following: 5 3 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 9 A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to adjacent development and within the development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls where new parking lot configuration is proposed shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Bays (Low Traffic) 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 10 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 30. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 31. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site SDP 2008-907 New Community Building Precise Grading 1 " = 20' Horizontal 5116- CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 11 F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. 511 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 12 "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 32. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 33. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 34. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 13 landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 36. Depending on the timing of the development of Tentative Tract Map No. 36139, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 5th Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map for Tentative Tract Map 36139 or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 5; .i CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 14 37. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 40. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 41. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall 51; CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 15 either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 43. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 44. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 45. The. applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 46. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 515 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 16 47. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 48. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. nRAINAGF 49. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 51. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief, route. 52. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 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. 11 516 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 17 A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTILITIES 53. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 54. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 55. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 56. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. 517 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 18 CONSTRUCTION 57. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 58. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 59. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 60. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 61. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project, in particular, perimeter turf, tree/shrub, and wall plans along PGA Boulevard and Double Eagle Way. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 19 NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 62. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 63. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 64. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 65. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 66. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 67. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 68. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. SHERIFF'S DEPARTMENT 69. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and It 5 9 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 20 public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. 9f0:117W."T ldil:ryl 70. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 71. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Ague Caliente THPO. 72. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MLD to determine the final disposition of the remains. 73. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. In the community building area, all freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. •• 5 Zu CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 PAGE 21 74. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground -mounted mechanical equipment. 75. All signs shall be approved under a separate sign permit/program application. 76. The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site. 77. In order to accommodate tennis club members who are not Villas residents, the applicant shall install a pedestrian pathway leading from the Private Clubhouse parking lot directly to the tennis courts. The design and location of said pathway shall be shown on the Final Landscaping Plans and approved by the Planning Director. 78. The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 301h building permit within the Villas project. 79. No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139. .. 5�.1 ATTACHMENT #3 ENDMENT VII LLAS ,LC e 3100 California ASLA Print Me: September 16, 2009 COPY NUMBER: 5'J TECHNICAL TEAM LLC Square suite 3100 109 DEPARTMENT ARCHITECTURE & MASTER PLANNING ASLA, Inc. Hwy CA 92651 Avenue, Suite 350 514 ARCHITECTS 5r'�t SP 83-002 Amendment #7 Page 2 of 17 PGA West Specific Plan October 2009 Specific Plan 83 — 002 Amendment VII: PGA West Specific Plan Purpose and Intent PGA West Specific Plan 83-002 was approved by the City Council on May 15, 1984. This Specific Plan is the seventh amendment, and includes the re -designation of a 25-acre project area within Planning Area III from CT/RSP — Tourist Commercial/Residential Specific Plan land use to RL-(RSP) — Residential Specific Plan land use in order to accommodate the proposed PGA West Golf Villas development and Private Clubhouse expansion. The re -designation also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. Planning Area III consists of approximately 42 acres of developable land located on both sides of PGA Boulevard centrally located within PGA West. With Specific Plan 83-002 Amendment IV, all of Planning Area III was designated as TC — Tourist Commercial. Amendment VI, the Eden Rock development, re -designated all of Planning Area III as Resort Mixed Use (RMU) with Tourist Commercial/Residential Specific Plan overlay (CT/RSP). Amendment VI and Amendment IV remain unchanged and applicable to Planning Area III except as noted in this amendment. Amendment V was denied by the City Council, and is therefore not applicable. Amendments This amendment consists of seven (7) areas of change within the existing PGA West Specific Plan. Each proposed change is identified separately in the following pages. For each area of change, the page and location of the existing effected text or graphic is identified and then followed by the proposed change which is either explained in a general description or illustrated by striking through the text to be deleted and highlighting with italics the text to be added. After approval by City Council, the approved changes will be incorporated into the entire PGA West Specific Plan document thus creating a comprehensive up to date plan for future reference. SP 83-002 Amendment #7 Page 3 of 17 PGA West Snanifin Plan October 2009 Areas of Change A and B Areas of Change A and B are located on page 2.14 of Specific Plan 83-002 Amendment IV as identified in the following Figure 1. Figure 1- Areas of Change A and B (Existing Specific Plan Page 2.16) A I M The Resort Core is f hub of the PGA WESTomnmwity and is planned to contain a map of visitor and tourist-srn'm6 uses. and includes a mslt®1m of 1,000 units #a a 65 & meltimum beigbt so a oombinatiou of resort mute and/or csadmnmimns. resort lase or r=W wits, cwdo-0otel am, and/or apatmxnNcondammumn cottage units• Although the TIC zee does not normally limit numberof units, Plmomg Area M is limited to 1000 units. Typical Taoist Commercial land uses in the Rant Core may uwh de talon hotel use, resort serving resmtamts, clubs. and support bodities. am saving men a and ladies' apparel resort saving beauty sdonAmW as yell as professional office uses and other ancillary .I' 1 I II IEEiHA W - URB USEdfie Plan Amendment IV Core Areast Commercial TC 65 1000 —as 1000ce does ootowoWylimaom�amofooas, lgammE AmM Mir a 1t10amaa. FGA W63r-Ammdm'sa r� 114 5�0 SP 83-002 Amendment #7 Page 4 of 17 PrA West Snecific Plan October 2009 Area of Change A consists of the deletion of the existing text to be replaced the primary uses permitted in new residential land use designations within change is illustrated in the following Figure 2. Figure 2 - Area of Change A (Proposed Changes) with new text reflecting Planning Area III. This All text in the area of change is to be deleted and replaced with the following: Planning Area III provides for a range of residential housing types consistent with the Residential Specific Plan designation established. Typical land uses may include the following in addition to other housing types: • Single family detached units • Single family attached units • Condominiums Area of Change B consists of Table 3 "Planning Area III - Land Use", which shows the number of acres and maximum number of residential units of each land use designation within Planning Area III. The proposed change updates these numbers in accordance with the proposed land use designations that are a part of this amendment. This change is illustrated in the following Figure 3. Figure 3 - Area of Change B (Proposed Changes) TABLE3 PLANNING AREA III - LAND USE PGA WEST Specific Plan Amendment 1� -to"- — TOTALS br 67 i6B� Per Speck Plan O:W Amendment VI RL-(RSP) - Residential Specira Plan RL-IRSP) 25 4 DU/AC RMU - Resort Mixed Use ' RMU 42 16 DU/AC Page 5 of 17 SP 83-002 Amendment #7 October 2009 Area of Chant=e C Area of Change C is located on page 2.16 of the Specific Plan 83-002 Amendment IV as identified in the following Figure 4. Figure 4 - Area of Change C (Existing Specific Plan Page 2.16) Planning AMR V Planning Area V addresses lend use for the Hillside Comervetion area. I II III TABLES PLANNING AREA V - LAND USE PGA WEST Specific Plan Amendment IV Hillside Conservation Ares OS(HC)- open Spece OS 12 — — TOTAL 12 C TABLES LAND USE SUMMARY TOTALS Low Density Residential RL 940 3760 — 4 DU/AC Medium Density Residential RM 22 176 — 8 DU/AC Golf CoursdOPenSpsce GC 648 — — — Toudst Commercial TC 65 — 1000 — Hillside Conservation OS(HC) 12 — — — TOTALS 1607 3930 1000 216 POA WEST-A=WdMW IV SP 83-002 Amendment #7 Page 6 of 17 PGA West Specific Plan October 2009 Area of Change C consists of Table 6 "Land Use Summary Totals", which shows the number of acres and maximum number of residential units of each land use designation within the overall specific plan area. The proposed change updates these numbers in accordance with the proposed land use designations that are a part of this amendment. This change is illustrated in the following Figure 5. Figure 5 - Area of Change C (Proposed Changes) TABLES LAND USE SUMMARY TOTALS MAXIMUM Low Density Residential RL •948-,965 Medium Density Residential RM 22 Golf Course/Open Space GC 648 Hillside Conservation T$- -66. OS(HQ 12 TOTALS \ Resort Mixed Use RMU �q[g-3860 V10 4 DU/AC 176 8 DU/AC — wNWp61689 -Me 4708 42 672 16 DU/AC 529 17 SP 83-002 Amendment #7 Page 7 of October 2009 Areas of Chance D and E Areas of Change D and E are located on page 3.2 of Specific Plan 83-002 Amendment IV as identified in the following Figure 6. Figure 6 - Areas of Change D and E (Existing Specific Plan Page 3.2) Zoning and Development Regulation and Standards by Planning Area Zoning and, Development Regulation and Staodmds are protected for Planning Area I dno* planning Area V as delineamd in ritePlanning Area Exhibit and are presented in the following order. Planning Area 1 RESIDENTIAL SPECIFIC PLAN RL{RSP) USES AND STANDARDS Description of Uses in Planning Ara I Zoning and DvwAoputtnt Regulation and Standards in Planning Ara I Planning Ana II GOLF COURSE/oPEN SPACE I (GC) PASSIVE AND ACTIVE RECREATION AREA Dese iptiw of Uses in Planning Area I Zoning and DevdoM=t Regulation and Standards in Planning Ara 11 Plannf Area gl D CIAL ) US Deso iption of Uses io Planning Area M Zoning and Developrnnrn Regulation and Standards in Planning Area III Planning Area IV Ir0 lUm DENSITY RESIDENTIAL RM USES AND STANDARDS Deswiptiw of Uses in Planning Ara IV Zoning and Development Regulation and Standards in Planning Area IV Planning Area V HILLSIDE CONSERVATION HC (RC) AREA Descripliolt of Use in Planning Area V Zoning and Dcvelopmeat Regulation and Stsadands in Planning Ara V l�..�.. 3.2 IOA WWT • Aw=dmcH IV 530 SP 83-002 Amendment #7 Page is of I r October 2009 The proposed change for Area of Change D consists of the replacement of the title reference to the Tourist Commercial land use designation with the updated Resort Mixed Use and proposed Residential Specific Plan RL designations. This change is illustrated in the following Figure 7. Figure 7 - Area of Change D (Proposed Changes) RESORT MIXED USE (RMU) AND RESIDENTIAL SPECIFIC PLAN RL-(RSP) USES AND STANDARDS Description of Uses in Planning Area III Zoning and Development Regulations and Standards in Planning Area III The proposed change for Area of Change E is the removal of the existing map which will not be replaced. 531 SP 83-002 Amendment #7 Page 9 of 17 October 2009 Area of Chance F Area of Change F is located on page 3.5 of Specific Plan 83-002 Amendment IV as identified in the following Figure 8. Figure 8 -Area of Change F (Existing Specific Plan Page 3.5) ITFI.! GUt.I1TI7 r. Minimum Lot Size Maximum Structure Height Maximum No. of Stories Miuimum From Yard SedA& Minimum Gmaga Setback Minimum IntenodU t nor Side Yard Setbacla Minimum Rear Yard Setback Minimum Livable FloorArea Excluding Garage p of with asamaedwq�mn mar : otcatPatae am zdb vdd a m00000ny, whwe8m3k. 6500 sq/ft 281 1' l5 V 15ft° 5110 ft. 151Lt'" 1400 sq/ft bawan 15 fi. amd 25 a mada to Uorowah rick any SuMn man haw a mia®txo a dWk of 15 mrb wbe aayad toe than dw Iram Maximum Structure Height 28 ft. Maximum Number of Stories I Minimum Perimeter Building Setbachs from: Penmeer Residentially Zoned Property 2011.1 Abutting Conm acial/OUtar Non -residentially Zoced Property 1011' Minimum Setback from Interior Property Lines within Same Project 0 mftrwatywith W—alofCmtmmityDnelora , Description of Goff / Open Space Use In Planning Area I Within the overall plan boundary. Planning Area I development includes uses and standards for Private and Public Golf and County Club facilities as well as ancillary PGA West supporting recreational uses. Atypical example of this secondary allowable golf use would be the 19th bole of the Tom Weiskopf Course. Goff Course/Open Space (GC) Uses and Standards A. Pkgoose and intent. To provide for golf course open space areas within the PGA West community. B. PersiI Uses The following uses shall be permitted in the areas designated as Golf Course Open Space on the Land Use Plan. mA War - AtnmCmwl W 53 53= SP 63-002 Amendment #7 Page 10 of 17 or_A tat..... c--- :I:- M1__ October 2009 The proposed change to Area of Change F consists of the existing Golf Course/Ancillary Building Development Standards table and consist of adding two (2) footnotes. The purpose for the new footnotes is to correct an inconsistency between the previous text and the existing built environment by recognizing the existing 45 foot high two story clubhouse facility currently constructed in Planning Area II1. This change is illustrated in the following Figure 9. Figure 9 - Area of Change F (Proposed Changes) GOLF COURSE/OPEN SPACE ANCILLARY BUILDING DEVELOPMENT STANDARDS Maximum Structum-Height 28 ft.' Maximum Number of Stories I Minimum Perimeter Building Setbacks from: Perimeter Residentially Zoned Property 20 ft.r Abutting Commercial/Other Non -residentially Zoned Property 10 f3.r Minimum Setback from Interior Property Lines within Same Project 0 4dtoilhM perimeter building tttbeck shad be S rt. from abutting properly with approval of Commumdy usvetopmom. Director given adequme bait and sareeoipg. ' Maximum structure height for Golf Course/Open Space Ancillary buildings within Planning Area III is 45 4. "Maximum numberof stories for Golf Course/Open Space Ancillary buildings within Planning Area III is 2 533 SP 83-002 Amendment #7 Page 11 of 17 October 2009 Area of Change G Area of Change G is located on pages 3.9 to 3.13 of Specific Plan 83-002 Amendment IV as identified in the following Figures 10 to 14 Figure 10 - Area of Change G (Existing Specific Plan Page 3.9) 3.1.3 Plannln. Area III TOURISTCOMN1FMAL SP)USES I G U Description of Uses In Planning Area III Within the overall plan boundary, Planning Area III encompasses development uses and standards for the PGA WEST Resort Core and Private and Public Golf and County Club facilities as well as ancillary PGA WEST supporting recreational uses. Planning Area III of the Lend Use Plan presently has, within its boundaries, one underlying zone- Tourist Commercial TC - (RSP). L Co mm ercial SpactOe Plan TC{nSP) Unoo and Stand rtlallowing sections establish the permitted land uses and development standards for ty designated as TC-(RSP) within Planning Area III as depicted on the Land Use Plan.urist Commercial Specific Plan TC.(RSP) overlay addresses all land within the PGA Resort Core.rpow and Intent. To provide fur the development and regulation of a range of cialized commercial and tourist serving residential uses within the PGA WEST Resortre oriented m tourist and rrson activity. Representativelandusesincludedestinationon holds, conference oriented hotels atd motels, eating and drinking establishments, ssory retail and personal service shops, and supporting recreational uses. rrl�Yled Uses Permitted uses for land designated Tourist Commercial Specific Plan -(RSP) on the Land Use Plan and/or Proposed Zoning exhibits as either TC or {RSP) includes all currently existing resort saving uses and all allowable uses lineated in the La Quints Zoning Ordinance Tourist Commercial District. rwornnry A lntntm Uses Temporary events that accommodate 500 to 2,500 peoplell Intl be subject to a TUP appliamon, provided the event otgamaYr obtains Writtenproval from the following agencies or departments a minimum of 14 days prior to the PGA WEST • Ammiea IV 3.9 5') & SP 83-002 Amendment #7 Page 12 of 17 ocA IAI--. Creme:.. of-., October 2009 Figure 11 - Area of Change G continued (Existing Specific Plan Page 3.10) G - oortiri approval tmm the following agencies or dep rtmeats a minimum of 14 days prior to the event occurring (i.e., Riverside County Fire Department, Riverside Canty Shall B 1)eperurher. Bildaig and Safety Depar La Quints lment. La Quanta Cade Compliance Deprunent, La Quint& Public Works Department). Temporary events that have 2 j01 to 10,000 people in atcndance shell require a TUP application to be prooessed and approved by the City's Community Development Departmat, subject to the requbuncM of Section 9.100.140 of the Zoning Ordinance. Applications for Inge tempomy events shall be submitted to the City of La Quints a minimum of 30 days prior to the cvent taking Place. Temporary offiahNail buildings, other than tempors" construction uffioev, &hall require a Site Development Permit application, subject to the mquix mcM of Section 9.210.010 of the City Zoning ordirmocc Approval of the temporary buildings by the Planning Commission is required. Temporary construction offices and their related facilities shell be subject to TUP application a9 required by Section 9. too.140 of the City's Zoning . Approval of the temporary use by the Continual Development Deparmteat is reghm D. Accessory Uses. Resort gold hold, and residential maintenance facilities and sitos. Signs, fences and wails, subject to the design criteria set forth in this Speeifre Plan document. Satellite dish and other antenrus, subject to this Specific Phi. E OrherAllowoble Uaes. CcmmumcBmOn rovmn &nd equipment, subject to this Specific Plan. Water. wt:ns and pumping stations, water tamla and reservoirs, public Hoed control facilities and devices. All recreational uses and functions commonly assocuicl with golf and golf evens. F. pevelopmeal Syondarda The following development standards apply to property proposed for development desigoeted on the Lund Use Plan "Or Proposed Zoning edubia es either TC or TC{RSP) ald as described within the text of this Specific Plan. Standards are established for both Resort Residential and Contractual building and uses within Planning Area n1. xiG. Allowable FAR The rnamum FAR allowance in areas designated TC41W) is determined by the City's General Plan Land Use Element planning criteria such as mandatory panloog, building setbacks, and other sneIa cific design criteria which am governed by development standards delineated herein. Tourist Co mnrdd Realdemlal BuOdstp standards—TC{NS% The Total Commereiel Residential Specific Plan (TC-RSP) anot ards apply to all land within Planning Are& In as described within the text of this Specific Plan. A total of 1,000 (TC Residential) snits are allowed witlhm Planning Area Ill. roe WEST.emm&MW ry 310 535) SP 83-002 Amendment #7 Page 13 of 17 October 2009 Figure 12 - Area of Change G continued (Existing Specific Plan Page 3.11) MOTEL RZSM nm DEVELOPMENT STANDARDS Mroimml Land Area pa Unit for Maldftzm7y 1Tvedin8a ISoo aq/ft Mini ourn Project Size for Multifamily Projects 10,000 sq/ft Minimum Frontage for Multifamily Projects 100 f Maximum Structure Height 0 Maximum Number of Stories 3 Minimum From Yatd Setback I5 R Minimum Garage Setback for Single Family Attached 25 W Minimum Intarim/Extesior Side Yard Setbacb 10115 ft. Minimum Rear Yard Setback 201 Maximum Lot Coverage Minimum Livable Floor Area Excluding Garage 80% 750 sglft •Ihojme wnaa:naaaad�eltioamJu dun maapaao 8aot n:l6adr•ying betwteo IS wE u [eetmmme minder m arat4 meeVAPn �rllhrveam®m®wf6rt ar 130. 'b10. a'tinaa" bPe � dwr a nod. llnitrwitr ride emy t�ata Toww Caranxdat SuOdtng Standards —TC Development Standards for all other buildings oil= than residential str ww= within Panning Area III shall conform to the following standards. These standards apply to all land within Planning Area III designated TC-(RSP) as described within the text of this Specific Plan. HOTEL DEVELOPMENT STANDARDS Maximum Building Height 65 fL Maximum Number of Stories 6 Minimum Buiidmg/Landeuape Setback from: Parimem Street Rights -of Way 20115 A. Abutting Residential. OS, and GC districts 10/0 R Getnga(yryon Setback- from sow curb 5 R Mimmtw Budding Setbada from Interior Property 0 R' Lines Within Same Property 3.11 FOAwESr-Ameoband IV 536 SP 83-002 Amendment #7 Page 14 of 17 October 2009 Figure 13 - Area of Change G continued (Existing Specific Plan Page 3.12) NOTEL OOMMERCML DEVELOPMENT STANDARDS Maximum Building Height Number of Stories in an A14Commerafaf Use Building 40 R 3' Maxanom Minimum Building Setbedx from: 15 fr. PGA Boulevard Rightsof•Way 10 R. commercial Saving Street Rights -of -Way ISft Abutting Residential, oS, and GC districts Minimum Exterior Side Yard Setbacks Between Buildings 10 Lines Widtin Same Property Caonaadd aa:+ae dbaMWorymoxolee Resat hoed AKK - L AMU Uses All ailowable commercial uses described in the La Quinta Zoning ordinmco in addition to those described herein. 2 General coarmadal Urav Barba shops, beauty, nail and teaming saltms and similar uses Resort serving uses such as travel services, photo developing, videotape musts, able repair, epplimce repair, and similar uses typically ancillary to resort hotel uses Resort camel claming facilities Resort reaintamwe Pis n t and faalities" Printing, blueprinLng, copy services and mobile office uses Pet supplies and services 3. offlar War and Health SeMan Resort rclettd general offices saving the ongoing functions of the Resort Goats serving medical clinics Health Wm and clinics DWmg, DdWxg, and Entertaboneru Uses Restumamb, other Hen drive-thm Rptawmts, www takeout with ancillary seating, such as yogurt, ice seam, palmy shops, and similar Bars, taverns, and cocktail lounges Live entaammem as an accessory an to a Resort event. Theaterm live or motion picume -odour or outdoor* S. Rernaalon Uses ll be andPool or billiard tables as accessory use (A CUP application shae po approved for pool halls and game arcades exceeding 3 tables.) Game machines, as allowed by local and a= statute Golf courses and coumry clubs Tennis clubs or complexes 531 SP 83-002 Amendment #7 Page 15 of 17 October 2009 Figure 14 - Area of Change G continued (Existing Specific Plan Page 3.13) Health and Unocal clubs am spas Poollspa and Water Park ales' 6. Pabfic and SOW4 Wic Um library and museum uses Parks. Play fields, and open space Bicycle, equestrian and htl®g traits Swimming pools 7, ResidamM and Lodghw Usm lbwnhuuM Timeshare, Single.family, and Multi -family residential uses in accordance with the Residential Specific Plan Overlay, within this document Hotel uses in accordance in accordance with the Residential Specific Plan Overlay will this document Accessory Uses Private parking lots Packing garages as an accessory use to residwtial and lodging uses* Signs in accordance with this Specific Plan Amenrms and satellite dishes Potable outdoor vending uses (such as flower stands) [ocidemal products or services for employees or businesses, such as child day cane, cafeterias and business support uses 7tmporary h (maim Uses Im enon event parking lots for events anticipated to amend over three or more days of fie• Temporary outdoor event staging facilities Temporary, outdoor event staging facilities anticipated to extend over flux or more days of use* Onsite Construction and site guard offices Relocatable buildings*** • Adogle asteriski"cans an allowable use requiring appwW of a Conditional Use Permit rmm the La Qdma Plaoniogcmtmimon. •• Adouble astnisk indicates an allowable use em a tempo vy bads requiring appmvd of a 7lmrpmvy Use Permit than the la Qdom community Development Dltecmr. ,•• A triple asterisk indicates an allowable use mgdting eppro d of ■ Site Dwelopment Permit Dom the La Qrd,u Fbmaingcommission. PUAWEST-AmroEmeLL Iv 3.13 533 Page SP 83-002 Amendment #7 Pa 9 October 2009 The proposed change for Area of Change G is the deletion of the existing text, which established the permitted uses and development standards for the deleted Tourist Commercial land use designation and its replacement with new text referencing Section 3.1.1 Planning Area I of this document for the permitted uses and development standards applicable for the Residential Specific Plan RL land use designation and SP 83-002 Amendment VI (Eden Roe) for the list of permitted uses and development standards applicable for the Residential Mixed Use land use designation. Figure 15 - Area of Change G (Proposed Changes) :rntro1eTCOr4 rcnnrnr Try iSP)USES RESIDENTIAL MIXED USE (RMU) USES RESIDENTIAL SPECIFIC PLAN RL-(RSP) USES Description of Uses in Planning Area III Planning Area III of the Land Use Plan has, within its boundaries, two underlying zones — Resort Mixed Use (RMU) and Residential Specific Plan RL-(RSP). Residential Mixed Use (RMU) Uses and Standards Reference SP 83-002 Amendment VI (Eden Roc) for permitted uses and development standards. Residential Specific Plan RL-(RSP) Uses and Standards Reference Section 3.1.1 Planning Area 1 Residential Specific Plan RL-(RSP) Uses and Standards for permitted uses and development standards. 539 SP 83-002 Amendment #7 Page 17 of 17 Dr_A Wuet Cnanifir. Plan October 2009 ATTACHMENT # 5 ZDESIGN GROUP" PGA WEST RESIDENTIAL VILLAS ARCHITECTURAL CONCEPT The Club at PGA WEST 'The Western Home of Golf in America"% The Villas are located in a spectacular setting among citrus groves and towering palms at the base of the Santa Rosa Mountains in the Coachella Valley, home to the lack Nicklaus private golf course. The resort is home to prestigious golf tournaments, famous shots in golf history by celebrity sports figures and celebrities. DESIGN CONCEPT Style: Tuscan Territorial Modernism Develop a stronger relationship and expression between architecture and nature. Natural materials like stone, copper, heavy timber and natural organic materials will create textural and contrasting dynamic elements and reflect the indigenous context of the shell -laden, ancient ocean desert location. Articulated massing reflects a village -like clustered style architecture clad in natural stone and two colors of stucco to blend into the spectacular setting. The floor plan embraces and enhances the seasonal indoor— outdoor lifestyle incorporating courtyards with water features. Deep set windows provide shelter from the sun and allow filtered light to infuse the interiors or frame views to nature. COMMUNITY CENTER Style: Desert Territorial Modernism (Re: Clubhouse) 540 rL:k:3 I11Fy::N ATTACHMENT 8 December 8, 2009 Ms. Terry Henderson Mayor Pro-Tem City of La Quinta P.O. Box 1504 La Quinta, CA 92247 PYRAMID H O T E L G R O U P -��(G� UI DEC' 8 2009�� l` i cGi aF ia;,uuur, Ih' MANACER S DUO Re: Environment Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907 Site Development Permit 2009-911 Dear Ms. Henderson, Pyramid Hotel Group has met several times with representatives of PGA West Master Association, neighbors and Club Membership, to discuss the issues outlined in the correspondence to the La Quinta City Council dated October 1, 2009 from the Master Association, and November 4, 2009 from Peters & Freedman, LLC, as well as numerous e-mails from Interested persons. The meetings continue to be non -contentious and there is productive discussion and progress made in resolving the issues. We believe these concerns and issues can be resolved in a timely manner between Pyramid and the various groups. We respectfully request that our application be continued 90 days to the March 16, 2010, La Quinta City Council meeting, for your consideration In this matter. Senior Vice President Pyramid Hotel Group Cc: Jim Murphy — iimogaw cDaol.com Jim Cox - kimiames.coxCa)verizon.net Steve Weiss - sweiss(@vbbn.com Rob Bemheimer David Paters, Esq, Peters & Freedman, LLP ATTACHMENT #9 PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 22, 2009 CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 08-601 SPECIFIC PLAN 83-002 AMENDMENT 7 TENTATIVE TRACT MAP 36139 SITE DEVELOPMENT PERMIT 08-907 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC REQUEST: CONSIDERATION OF PLANS TO SUBDIVIDE THE PROJECT SITE AND CONSTRUCT THE PGA WEST GOLF VILLAS; A 54-UNIT RESIDENTIAL DEVELOPMENT CONSISTING OF SINGLE-FAMILY ATTACHED DUPLEX UNITS AND COMMUNITY CENTER LOCATION: PGA WEST; WEST SIDE OF PGA BOULEVARD, SOUTH OF AVENUE 54 ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS PREPARED ENVIRONMENTAL ASSESSMENT 08-601 FOR TENTATIVE TRACT MAP 36139, SPECIFIC PLAN 83-002 AMENDMENT 7, AND SITE DEVELOPMENT PERMIT 08-907 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE PLANNING DIRECTOR HAS DETERMINED THAT THE PROJECT AS MITIGATED WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND THEREFORE RECOMMENDS A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED. GENERAL PLAN: LDR (LOW DENSITY RESIDENTIAL) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING LAND USES: NORTH: PALMER PRIVATE CLUBHOUSE SOUTH: RESIDENTIAL (TR 28259-1); GOLF COURSE EAST: PGA BOULEVARD WEST: GOLF COURSE/DRIVING RANGE BACKGROUND PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1)• A Specific Plan. for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, the PGA West community is almost completely developed, with the exception of a few scattered residential lots and an approximately 42-acre site near the southern terminus of PGA Boulevard, which is located immediately east of the subject property. The subject property is an approximately 25-acre area near the center of the community. At this time, the property is comprised of the Private Clubhouse, associated parking, nineteen tennis court facilities and a Health and Racquet Club. PROJECT REQUEST Overview The applicant is proposing to subdivide the subject property into three separate parcels (see Tentative Tract Map listed below for further description). The PGA West Golf Villas site is approximately 15 acres in size and will consists of 54 single-family attached duplex units and a new community recreation building. The Villas site is located on the west side of PGA Boulevard (Attachment 2, Sheet 2). Located directly to the north of the project site is the Palmer Private Clubhouse, a remodel and expansion of which is currently proposed under a separate site development permit (SDP 09-91 1). A driving range is located to the west of the project site, Existing PGA West single-family homes and golf course areas are located to the south. The primary configuration of the Villas consists of duplex units clustered around a new private street (Attachment 2, Sheet 4). Vehicle access to the Villas will be provided via a new entrance drive proposed along the eastern edge of the Palmer Private Clubhouse parking lot, which will then connect with PGA Boulevard. An emergency access will also be provided near the southeast corner of the Villas site, directly connecting with PGA Boulevard. The nineteen existing tennis courts and the Health and Racquet Club will be replaced by five new tennis courts, one of which will be a stadium court design, and a new community recreation building. Specific Plan Amendment The applicant has proposed a Specific Plan Amendment (Attachment 3). This 54� represents the seventh amendment to the original PGA West Specific Plan, and includes the re -designation of the 25-acre project area within Planning Area III from CT/RSP - Tourist Commercial/Residential Specific Plan land use to AL-(RSP) - Residential Specific Plan land use in order to accommodate the proposed PGA West Golf Villas development and Private Clubhouse remodel and expansion. The re - designation also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. Tentative Tract Map The applicant proposes to subdivide the approximately 25-acre project site into three numbered lots and four lettered lots (Attachment 4). Lot 1, which is approximately 9 acres, would consist of the Private Clubhouse and parking lot. Lot 2, at approximately 15 acres, would consist of the proposed 54-unit Villas community and recreation building. Lot 2 would also include lettered Lot A and Lot D, which comprise of circulation and open space areas within the proposed Villas community. Lot 2 is the reason Tentative Tract Map 36139 is a condominium map, as the proposed 54 units are to be situated on the same lot. Lot 3, at approximately 0.5 acres, is a remainder lot that will be used for the future construction of a single-family home. This lot is not a part of the Villas community. Lettered Lot B and Lot C, which are approximately 0.28 acres combined, consist of open space areas along the perimeter of the project site. A new private street system will be introduced to serve the Villas proposed on Lot 2. The road network will consist of a 29-foot wide private street. The proposed street width will adequately serve two way vehicle movement but will not allow on -street parking. In addition to the parking proposed for each villa unit and the community recreation building, 20 off-street parking spaces are proposed in five 4- stall clusters to be placed in various locations near villa units. Site Development Permit Residential Units Included with this proposal are architectural plans of the PGA West Golf Villas residential units, which have been designed to reflect a modified Tuscan design, referred to by the project architect as a Tuscan Territorial Modernism architectural style (Attachment 5). The architectural elements of the Villas units includes use of flat concrete tile roofing, a variety of stained stucco and wood, stone accents, as well as steel and metal finishes (Attachment 2, Sheets 8 - 9). Balconies, trellises, chimney accents, and other design elements provide architectural articulation to the various building facades. Each of the typical 54 two-story units has the following characteristics (Attachment 2, Sheets 5 - 7): 54ii • 2,180 square feet • 3 bedrooms, 3.5 bathrooms • 2-car garage • Covered and uncovered terraces and balconies Each duplex consists of staggered mirror images of the typical Villas unit, with identical floor plans and features, but with a slight variation in orientation. The height of the Villas units, at the highest roof ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 8 - 9). The height of the chimney architectural projection is approximately 23'-6" in height (Attachment 2, Sheets 6 - 9). Community Recreation Building Included with this proposal are plans of the approximately 3,400 square foot community recreation building, which includes leasing and management offices, game and exercise rooms, a kitchen, lounge area, and pool and spa facilities (Attachment 2, Sheet 10). The community recreation building area also includes five lit tennis courts, with one of the courts designated as a stadium court with tiered stadium spectator sitting. Vehicular access to the community recreation building is off of the new private street within the Villas community. Pedestrian pathways are also provided throughout the community that connects the Villas units to the community recreation building (Attachment 2, Sheet 4). A total of eleven parking spaces are provided, including two ADA-accessible spaces. The community recreation building has been designed to be architecturally consistent with the Villas and reflects a modified Tuscan architectural style. The building incorporates use of the same architectural design elements, materials and colors as the Villas. The community recreation building, at the highest ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 12 - 14). Landscaping The landscape plan for the Villas identifies a plant palette consisting of low- to moderate -water use trees, shrubs, and groundcover generally consistent with what is permitted in the PGA West Specific Plan (Attachment 2, Sheet 15). Landscaping throughout the Villas community is plentiful and is designed to complement the architecture and layout of the duplexes and community building. Areas of turf have been limited to small patches around pedestrian walkways and an expansive common area in the middle of the community. Perimeter landscaping along PGA Boulevard and Double Eagle Way, including turf areas, trees/shrubs, and perimeter walls, will be constructed to match the existing conditions. The applicant proposes the use of Mediterranean Fan Palms, Palo Verdes, Chilean Mesquites, and Desert Acacias, among others (Attachment 2, Sheet 24). A variety 5 4 ` of small and large accent shrubs, including Red Bird of Paradise, Compact Myrtles, and Agaves, are proposed in the areas surrounding the duplex units and around the community building (Attachment 2, Sheet 26 - 28). Types of groundcover used include Desert Carpet, Purple Trailing Lantanas, and Petunias. The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 30 - 34). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. The applicant also proposes a water feature placed within the planter located in the center of the main entrance traffic circle (Attachment 2, Sheet 18). The feature incorporates a cascading veneered fountain and a large fountain bowl (Attachment 2, Sheet 23). ANALYSIS Specific Plan Amendment PGA West Specific Plan Amendment 6 represents the last amendment, which consisted primarily of the Eden Rock project site. Though Eden Rock is located within Planning Area III, Amendment 6 did not change the land use designations or development standards for the subject property. Amendment 7 has been prepared to specifically address only the land use designations and development standards of the subject property, and references Amendment 4 as applicable to the remaining Specific Plan area. Amendment 7 specifically addresses the following: • Amends the land use designations from from CT/RSP - Tourist Commercial/Residential Specific Plan land use to RL-(RSP) - Residential Specific Plan • Updates the typical land uses allowed within Planning Area III • Revises graphic references and exhibits related to Planning Area III • Associates development standards for the Villas, which are located within Planning Area III, to existing development standards for single-family attached homes found in Planning Area I The amended specific plan brings the land uses within the proposed project area into consistency with the City of La Quints General Plan and Zoning maps, and also establishes internal consistency between the Villas and the PGA West Specific Plan. Staff finds that the proposed amendment is necessary regardless of the proposed development activities since it results in a land use designation consistent with the La Quinta General Plan and Zoning Maps. The amendment also ensures that the development standards remain consistent with other areas in PGA West that share 54U S the same land use designation. Tentative Tract Map The design of proposed Tentative Tract Map 36139, as conditioned, generally conforms to the design guidelines and standards of the City of La Quinta General Plan for Low Density Residential (LDR) designated properties, as set forth in the Land Use Element, as well as the PGA West Specific Plan. The proposed site design incorporates street and parcel designs that are in conformance with applicable General Plan goals, policies, and development standards, and will provide adequate circulation, infrastructure, and utilities. The lots created as part of the tract map are necessary for the development activities proposed within the subject property, Lot 1 modifies existing property lines and creates the proper setbacks necessary to accommodate the proposed Private Clubhouse expansion and remodel. Lot 2, as the condominium portion of the proposed map, will be able to accommodate the development of 54 single- family dwelling units. And Lot 3, the future site of a single family residence, will have direct access via Double Eagle Way, and will be incorporated into the existing PGA West residential community. Site Development Permit Staff finds that the overall architectural style and design of the proposed PGA West Golf Villas to be acceptable. Staff has not found any significant issues with the proposed layout and design of the duplex units, community building, common areas, and landscape palette. The articulated massing on the buildings reflects village -like clustered style architecture, and the floor plan embraces and enhances the seasonal indoor -outdoor lifestyle with the incorporation of courtyards, balconies, and terraces. The variation in front and side building setbacks provide visual breaks from the pedestrian/vehicular perspective. However, staff believes certain architectural elements should be improved upon prior to final approval. Although the modified Tuscan architecture and layout appear to be generally compatible with the styles permitted in the PGA West Specific Plan, materials and colors proposed for the Villas units create an aesthetic dissimilar to the existing surrounding residences. Staff believes that the proposed dark color palette is contrasting when compared to the lighter building colors typically found in existing PGA West neighborhoods. Staff has recommended a condition of approval directing the color palette for both the Villas and community building to be amended to represent the lighter colors typically found in PGA West. Furthermore, staff believes that the internal architectural compatibility between the Villas and the community building is too dissimilar. The design elements that characterize each building are inconsistent; in particular, roof pitch and the divergent emphases of horizontal versus vertical roof design. Staff recommends that the Planning Commission discuss this incompatibility and provide direction, if necessary, regarding internal architectural consistency., Staff has no significant issues with the proposed uses within the community building as well as the adjacent tennis court and pool areas as they are appropriate and well -designed. The pool and tennis court areas are properly screened and are easily accessible from both the Villas and community recreation building. The eleven parking spaces provided do not meet the requirements stated in LQMC Section 9.150.060 Spaces Required by Use, which would require a minimum of fifteen spaces for "commercial" tennis courts (three parking spaces per court). However, as these courts are for tennis member -use only, with some users arriving to the site by golf cart or walking, staff believes that the eleven proposed spaces will be sufficient. The five new lit courts are acceptable as staff has reviewed a lighting photometric plan for site suitability, and five of the 19 tennis courts are currently lit courts. Additionally, although a pedestrian access is provided from the Private Clubhouse parking lot for tennis members who are not Villas owners using the tennis courts, access to the courts requires utilizing a pedestrian path that travels inconveniently around the community building. Staff recommends that a pedestrian path be installed from the gate that leads directly to the tennis courts. Furthermore, tennis court usage and membership details have not been resolved yet, as the applicant has stated that residents of the Villas communities may not necessarily have direct access to the tennis courts. Market analysis and user demand will eventually dictate usage characteristics. In general, the proposed landscape palette presented is acceptable. The assorted species of plants, most of. which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed Villas community. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. Thorough use of shrubs and groundcover effectively screen the clubhouse service areas, parking areas, and other project aspects. Per PGA West HOA requirements, perimeter landscaping will be constructed to match the existing landscaping conditions along PGA Boulevard and Double Eagle Way. Staff does recommend that turf areas not be installed adjacent to paved pedestrian walkways due to possible water waste and has proposed a condition of approval accordingly. The turf in the center of the community is acceptable as it may be utilized as an active -use area. The proposed water feature, which is primary to the design of the community entrance, can be permitted if they meet the City's water efficiency requirements and are approved as part of the project by the Planning Commission. Staff has proposed a condition of approval pertaining to this feature, requiring energy efficient pumps and staff review to ensure that there will be minimal water loss due to splashing, evaporation, etc. However, the Architecture and Landscape Review Committee expressed concerns over the location, size, and necessity of this water 548 feature, as it does not promote pedestrian interactivity. Therefore, staff recommends the Planning Commission discuss the use and viability of the water feature as part of the Villas proposal. ALRC Review The Architecture and Landscape Review Committee, at its meeting of August 5, 2009, discussed Site Development Permit 2008-907 (Attachment 6). No recommendation was made to the Planning Commission as only two Committee members were present and consensus could not be reached on a variety of project items. With regards to the proposed architectural style and project compatibility, Committee Member Thorns stated that he found the existing architectural styles at PGA West to be too similar. He commented that the introduction of a different architectural style in the community would offer a welcome variety, especially considering that the proposed project was not very big. Also, Committee Member Thorns stated that he thought the darker color palette might be too dark and heavy in comparison to the rest of the PGA West project. Committee Member Thorns also encouraged the applicant to provide greater deviation in the setbacks of the homes in order to get away from having all of the homes in a row. On the whole, Committee Member Thorns found the overall site plan to be very well -designed. Committee Member Rooker said he agreed with Committee Member Thorns' comments regarding the property setbacks, but disagreed with his architectural findings. Committee Member Rooker noted that the proposed architectural design was very sophisticated, but he questioned its use in the desert area and particularly at PGA West. He explained that the present architectural styles in the PGA West Community consist of Traditional Mediterranean with stucco build -outs, trims and wood, or a sophisticated horizontal contemporary style. He expressed his concern about introducing the proposed architectural style with the flat -top roofs which are normally associated with economical construction and building, as well as the material palette, as he found them to be inappropriate for PGA West. He outlined a few of the major differences between the existing and the proposed styles in color and architecture. The Committee could not come to a consensus regarding the proposed architecture and project compatibility. With regards to the proposed water feature, Committee Member Thorns felt that it was inappropriate to introduce such a magnificent water feature at a time that called for conservation. He suggested that the applicant use a different type of architectural focal feature. Committee Member Rooker said he was supportive of the proposed entrance fountain and did not find it to be out of scale in relation to the rest of the project. The Committee could not come to a consensus regarding the proposed water feature. 549 Staff recommended six Conditions of Approval for the ALRC to consider at the August 5 meeting. Since a recommendation was not brought forth by the ALRC, staff is recommending the same Conditions to Planning Commission, which are as follows: 1. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 2. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 3. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. 4. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with these units. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 5. All signs shall be approved under a separate sign permit/program application. 6. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included on the final landscaping plans and in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. Environmental Review The La Quinta Planning Department has prepared Environmental Assessment 2008- 5rJ0 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permit 2008-907 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project as mitigated will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact and a Mitigation Monitoring and Reporting Program be certified. PGA West Resident Review On February 23, 2009 and March 23, 2009, the applicant and the development team for the Villas presented their proposal to PGA West homeowners and Association/Club members. According to the applicant, the meetings were well - attended and response to the proposal was generally positive. The Planning Department has not received any written or verbal comments regarding the proposed project as a result of these presentations. Public Notice This project was advertised in The Desert Sun newspaper on September 11, 2008, and mailed to all property owners within 500 feet of the site. To date, staff has received two written comments regarding the proposed residential development (Attachment 7). Any other written comments received will be handed out at the Planning Commission hearing. 18 Native American Tribal Consultation As per SB-18 (2004) consultation requirements, information regarding the proposed Specific Plan was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. Staff has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval. FINDINGS Findings to recommend approval of this request can be made and are contained in the attached Resolutions. RECOMMENDATION 1. Adopt Planning Commission Resolution 2009- recommending to City Council adoption of a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program for Environmental Assessment 2008-601, subject to the attached Findings and Conditions of Approval; and, •1 551 2. Adopt Planning Commission Resolution 2009- _, recommending to the City Council approval of Specific Plan 83-002 Amendment 7, subject to the attached Findings and Conditions of Approval; and, 3. Adopt Planning Commission Resolution 2009- --- , recommending to the City Council approval of Tentative Tract Map 36139, subject to the attached Findings and Conditions of Approval; and, 4. Adopt Planning Commission Resolution 2009 __ , recommending to the City Council approval of Site Development Permit 2008-907, subject to the attached Findings and Conditions of Approval. Planner Attachments: 1. PGA West Vicinity Map 2. PGA West Golf Villas Submittal Packet 3. PGA West Specific Plan 83-002 Amendment 7 4. Tentative Tract Map 36139 5. PGA West Golf Villas Architectural Design Narrative 6. Minutes of August 5, 2009 ALRC meeting 7. Written Correspondence .. 5 5 ` ATTACHMENT 10 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 22, 2009 7:05 P.M. V. PUBLIC HEARINGS: A. Environmental Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907; a request by Pyramid Project Management, LLC for consideration of plans to subdivide the project site and construct the PGA West Golf Villas; a 54-unit residential development consisting of single-family attached duplex units and community center, located in PGA West; on the west side of PGA Boulevard, south of Avenue 54. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Associate Planner Wuu also referred to a memorandum from Timothy Jonasson-Public Works Director, given to the Commissioners prior to the meeting which stated: Re: Requested Changes to the Recommended Conditions of Approval for Tentative Tract Map 36139 and Site Development Permit (SDPs) 2008-907 and 2009-911, Pyramid Project Management, LLC. Staff spoke with a representative of the developer team for the above mentioned project and recommends the following change to the Recommended Conditions of Approval for the above mentioned Tract Map and SDPs after publication of the Planning Commission Agenda report. The Public Works Department recommends the following changes: 1. Delete the following paragraph from Condition 44 of Tract Map 36139, Condition 33 of SDP 09-911 and Condition 36 of SDP 08-907: Planning Commission Minutes September 22, 2009 "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta.' After the staff presentation and memorandum reference, Chairman Alderson asked if there were any questions of staff. Commissioner Barrows -asked if the color palette was provided for in the current specific plan for PGA West. Staff said no; they allowed for architectural styles but did not provide an actual color scheme. Commissioner Wilkinson asked about Eden Rock's color palette and how it matched up with this project. Planning Director Johnson replied it was probably more of a medium- to light -brown variation. There were no colors as dark as what was originally proposed by this applicant. Commissioner Wilkinson said he thought they were a little darker than what was typically out there. Staff responded they were. Chairman Alderson said there was a leasing office noted on the plans and asked if that was an error. Associate Planner Wuu said they were single-family homes for sale and not for lease and confirmed the leasing office designation was incorrect. Chairman Alderson asked the staff if the recommendation about the roof the type and toning down of the color palette had been presented to the applicant. Staff said it had been discussed with the applicant. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Davis Sezna, 81-240 Golf View Drive, La Quinta, CA, President of La Quinta Resort and PGA West, introduced himself and gave some background on himself and his company. He then went on to give the history of the purchase of the La Quinta Resort and PGA West. He conveyed his impressions of the area and described what they wished to do but, with the economy, they were taking their time. He said SJ+ Planning Commission Minutes September 22, 2009 they were very excited development. He then Project Management, Mr. about the Resort Master Plan and this introduced the Vice President of Pyramid Hoeppner. Mr. Ken Hoeppner, Pyramid Project Management, One Post Office Square, Boston, MA 02109, introduced their design team: Michael Olson (Z Design Group, Denver CO), Chris Bergh (MDS Consulting, La Quinta CA), Forrest Haag (Forrest Haag Landscape Architects, Laguna Beach CA), Rob Bernheimer, (CV Strategies, Special Entitlement Assistant to Pyramid, Indian Wells CA). Mr. Hoeppner then gave a power point presentation giving some detail of the renovations they have made to the resort and PGA West. He went on to discuss the benefits of their renovations; including water sensitivity. He re -stated the items presented in the staff report and showed site plans and color palettes. Mr. Hoeppner commented on the review comments by staff beginning with stepbacks of the buildings. He said they went back to the design team and the new plans showed significant stepbacks in the buildings to give more depth to the building character. Chairman Alderson asked Mr. Hoeppner to explain the stepbacks. Mr. Hoeppner said instead of having all the duplexes being flush across they have stepped them back approximately five feet, as well as staggering the buildings up-and-down the road so they were not as lineal. Mr. Hoeppner addressed the building colors on a power point slide. He used an analogy, relating to the colors and what they were trying to do. Mr. Hoeppner said it was their intent to create some vibrancy, architecturally, within the community and they have achieved that with the Stadium Clubhouse, as well as the private clubhouse. All of their nine golf courses are all unique and different as are the three restaurants within the spirit of the region and the community. Mr. Hoeppner commented on one of the items discussed, regarding more landscape buffer between the driveways and its relationship to Planning Commission Minutes September 22, 2009 water consumption. He said they have decided that the entry water feature, to the villas, would be deleted and they would do a landscape component instead. He then introduced Michael Olson, Principal with Z Design Group, 1877 Broadway, Boulder CO to talk about the architecture and how it related to the villas; as well as the color palette. Mr. Olson then showed a slide with regional style, architectural materials, and palettes that exist as the Coachella Valley home style. The projects ranged from Palm Springs through Indian Wells through La Quinta and showed the spirit of the style and color palette they wanted to use. He then pointed out the various types of materials and said sometimes, in the initial presentations, the colors show up a little darker. He commented on the color revisions made, after the ALRC meeting, and then showed slides with the new color palettes for the condominiums. He commented on the color identity used to create variety, interest and articulation on the various models. Mr. Hoeppner said one of the key parts to this design was there needed to be continuity between the clubhouse design, the community building and the villas. Z Design is the architect for all of those and that is critical because they understand the transgression of the design. Mr. Olson continued with his power point presentation and discussed the fitness wing that was in addition to the PGA West Private Clubhouse. He explained the features of the two buildings; including such items as the concept of shading, and setback, for sun control and energy conservation and the components which currently exist in the Clubhouse. The intent was to play off those characteristics that work well in the existing building. He pointed out the features of the remodel versus the previous Clubhouse. Commissioner Wilkinson asked if any of the darker colors had been deleted. Mr. Olson put up the appropriate exhibit and commented on the stone being common in all the elevations and said the darker colors had been deleted. Chairman Alderson asked if the exhibit showed the revised version, after ALRC looked at it. Planning Director Johnson said this was a 55o Planning Commission Minutes September 22, 2009 new exhibit that was being presented. The applicant had taken the information, from the ALRC, and staff was also seeing it for the first time. Commissioner Wilkinson asked Mr. Olson to put up the exhibit showing the Clubhouse and the design of the villas. He commented that one design was more contemporary than .the other and asked if that was intentional to blend in with what was existing out there and asked how they arrived at this combination, in terms of compatibility. Mr. Olson said they would term the existing clubhouse as being more contemporary because of the nature of the glazing and the simplicity of the detailing. He then explained some of the architectural details and how the design was determined. Mr. Hoeppner added there were two applications, and part of the clubhouse was a transition from the existing architecture, which was quite bland, to what they were proposing. They wanted to introduce more colors and some vibrancy and have a bridge between the two. He said the Commission would see, (in the second application) how they took the original architecture and transformed it into something more unique and up-to-date. He added it's a fine line to try to bridge the gap between existing architecture and the community building and the residential units. Commissioner Wilkinson asked staff if one of the colors shown on the ABC color exhibit tended to be more like the Eden Rock colors. He was concerned about compatibility between the two projects. Staff responded it appeared to be close, but possibly a little darker. It was definitely a softer color than what was originally proposed, but it was probably somewhere between the colors shown on Color Schemes A and C. Commissioner Wilkinson asked if the Eden Rock color was more like the first floor of A versus what was shown on Color Scheme C. Staff said it was. Commissioner Quill commented the architecture was nice. He said the existing clubhouse was very dated and did need refreshing. It was definitely time to do it. He wanted to know what the plan was and 55 7 Planning Commission Minutes September 22, 2009 how it was going to work; once the project was approved, and when would they be starting. Mr. Hoeppner said they wanted to do it this year, but things have been pulled back. Their company wanted to be ahead of the curve so that when things do come around they would have these projects ready to go and not miss an opportunity. He said possibly next year, depending upon the economy and market demand. Commissioner Quill asked what assurance they could provide that, if they demolished the existing facilities, they would go on and rebuild to avoid another blighted area like Eden Rock. Mr. Hoeppner commented on the economic climate, but said they owe it to their members to make sure facilities were maintained. There would be some logistical issues in terms of the construction of both of them, but they were compelled to meet those obligations. Commissioner Quill asked if he was referring to the clubhouse remodel and then the new development model. His previous comment was if the tennis clubhouse facilities and the tennis facilities are demolished, what assurances did they provide that they were going to construct the new community center and tennis courts and in what phases. Mr. Sezna responded the whole picture was very important to the Company. They would never create a construction site in the middle of their investment until, they were ready to develop. He commented on the grass lot tennis courts and the workout facility and said the tennis clubhouse would remain until they were ready to do the master plan of the private clubhouse. He then commented on the timing of the project coinciding with the end of one Bob Hope Classic and the start of another. He commented on the statement they want to make and the lifestyle they want to convey. He said it was important not to have a scar in the middle of their investment. Commissioner Quill said they would discuss the clubhouse in the next hearing item, so they were not referring to it now, but to this development. He then asked if they intended to do the clubhouse remodel before this development. Planning Commission Minutes September 22, 2009 Mr. Sezna said he would let Mr. Hoeppner answer that question as his whole point was they have a much bigger master plan and they are interrelated. Mr. Hoeppner said the projects were not necessarily tied together and they did not have to be. He said with a phased construction, they could build phases of the residential units without any impacts to the clubhouse. Commissioner Quill asked which phase of the residential they would start with. Mr. Hoeppner said he could not answer that question because it was too early in the project. He went on to explain how the decision of phasing would be made and he gave examples of how the decision would be made. Commissioner Quill asked about civil improvements; such as access. He then asked what they would be doing to keep it aesthetically proper and dust -free for the neighborhood while they were moving from phase to phase during the construction process. Mr. Hoeppner said, pending approval, they would like to proceed immediately with the construction documents and the permanent application part for the infrastructure. He said the building permit applications would probably include construction phasing and temporary restoration as well as addressing dust control issues. Commissioner Quill asked if he would be amenable to planting the improved lots with some vegetative cover; such as Gazania. Mr. Hoeppner said they could certainly entertain that and reiterated Mr. Sezna's comments about this being very special and an important asset. The last thing they want to do is impact how that looks during the Bob Hope Classic and while their Clubhouse guests are there, so they were going to be really very sensitive to that. Commissioner Quill said he was more worried about the neighbors since they are the ones that are there all the time. He then asked about the phasing and staging and if they would assure that the community center, the four new tennis courts, and the new building would be built prior to, or with, the very first duplex units. He said he wanted to know, straight out, if they had any intention of doing that Planning Commission Minutes September 22, 2009 or would they be open to a condition of approval that said, prior to the Certificate of Occupancy of the first duplex, those facilities would be complete and available to the owners. Mr. Hoeppner responded the tennis courts would need to be completed because they are a critical part of their business and an amenity for the clubhouse members. As far as the community building was concerned they would certainly entertain a discussion or a commitment to build it by a certain point. He then gave examples of the performance of a project and staging and said they would be open to discussing a certain number at a certain stage. Mr. Hoeppner continued saying, as an example, many times with condominium projects, lots of times the homeowners' association is turned over to the owners when it reaches 50% sold. He said that might be a good trigger for the homeowners as well because then their amenities are in place at the same time. Commissioner Quill then asked if this was intended or being designed to be a condo -hotel type of venture. Mr. Hoeppner replied just condominiums, no hotel. Commissioner Quill asked if there was any assurance that the community center would be built with the first phase of development. Mr. Hoeppner explained the phasing again. Commissioner Quill asked if they had met with the neighbors in the cul-de-sac. Mr. Hoeppner said yes. Commissioner Quill said at one time this was the premier tennis facility in the Valley. He asked about the state of tennis users that live at PGA West. Mr. Hoeppner said the PGA West tennis usage had dropped significantly over the years. He said they had great facilities at the Resort and around the community. He said their future focus was that tennis would be a micro business used to sell the Resort, and not a major business entity like golf. That's why they were building smaller, higher quality tennis facilities. 56i� Planning Commission Minutes September 22, 2009 Commissioner Quill asked if the tennis facilities were open to the general ownership and membership of the club. Mr. Hoeppner said it was primarily for the private and tennis club members. Commissioner Quill said the new tennis courts would be for the private club members, not just for the 56 units. Mr. Hoeppner said that was correct. The Villa owners, themselves, might also have tennis memberships. Commissioner Quill said the tennis facility was part of the membership of the private club and not necessarily tied to those condominium - duplex units. Mr. Hoeppner said that's correct. Commissioner Quill asked if the concrete wood piece that was on the board (#8) was the fascia on top of the community center. Chairman Alderson asked if that was the metal siding he was referring to. Commissioner Quill said the concrete wood piece (#8) was faux wood. Mr. Olson said it was actually a concrete wood siding product and was going to be used as a wood accent on the elevation. Mr. Olson pointed out on the slide where it was located. Mr. Hoeppner said it was in lieu of wood products as it provided better durability in this area; especially in the summer climate. Commissioner Quill asked if they would be maintaining and operating the tennis facility until they are permitted for demolition and construction of the new subdivision. Mr. Hoeppner said that was correct. Commissioner Wilkinson asked if he knew how many tennis memberships they currently had. Mr. Sezna said about 350. Commissioner Wilkinson then asked how many were active. Mr. Sezna said he knew they were underutilized. Commissioner Weber said he was still confused on staging and asked about the significance of the sequence numbering shown on the plans. 561 Planning Commission Minutes September 22, 2009 Forrest Haag, Forrest Haag Architects, 1254 N. Coast Highway, Laguna Beach CA responded there was no significance in the numbering other than as plan reference numbers. Commissioner Weber asked if the plan numbers had any significance on which units would be built first. Mr. Hoeppner said there hasn't been any discussion on that. He said, for discussion sake, it would be better to start from the west and work out rather than from the front door. He added, looking at the infrastructure, water and sewer installations, and elevations, that would play a lot into where they started. Commissioner Weber said what he was concerned about was what was going to happen after the project was approved and grading started. He was concerned that the project would sit with a green fence around it, and the City Council would get complaints about it being up there too long. He understood they had certain standards to maintain but, early on in the process, there should be some kind of assurance whether conditions or not have to be made in regards to staging to, make sure that there was some kind of commitment. He was most concerned about the tennis side of things and what was going to happen. He said he understood that they were underutilized, but didn't think the statistics on the underutilization of the tennis courts had really been shared. He wanted to hear about the process they used to determine that tennis was going to be more of a micro business, in the future compared to golf, and did they factor in the aging of the PGA West population as having a significant impact to the percentage of folks looking at tennis. Mr. Hoeppner said certainly golf was their core business. They have nine courses, and they are very expensive assets. Over time things evolved, including the dwindling requirement for tennis from guests and groups. They have heard from their tennis membership and potential businesses that they would like to see the quality of the facilities improve. They have had internal discussions ongoing with the Resort on how to create better amenities, by having the optimum number of courts. There is currently very little play on the tennis courts at the Resort and PGA West. Commissioner Weber asked if that substantially differed in ten years, or so, what would be the plan of attack. 1. 56,; Planning Commission Minutes September 22, 2009 Mr. Hoeppner responded they have other areas where they could build tennis courts, if needed. They could also do paddle ball or racquetball or whatever came about. He compared these amenities with the current need for spas. They are currently very cachet. Everyone has to have one, not as an amenity to guests, but to attract groups and also for local residents. It's an ever -evolving business. Commissioner Weber said they addressed a lot of the ALRC comments, and that was really good because there could have been some issues of concern. And they were working with staff and the consultants and made the right move on that. He asked that they clarify if the darker color was still a part of the options they wanted to have. Mr. H'oeppner said what they presented was just options for discussion and they were perfectly happy with what they heard from the ALRC; in that they wanted to see some variety instead of everything being one color. They had no problem with that. He commented they had offered several different shades for discussion. He said they just wanted to be sensitive that there would be a little bit of variation. Chairman Alderson said that point was made early on. The ALRC and staff recommendations to tone down the colors have been done so that point has been made. Commissioner Weber said he was trying to make sure he understood that this was an option. Commissioner Weber asked if they could talk a little about the process for outreach or notification of the membership. Mr. Hoeppner explained they had previously held an open house at the PGA Stadium clubhouse. It was attended by about 40 or 50 people; all homeowners' association members or residents. They had a presentation with himself, Forrest Haag, and Davis Sezna. It was very well received and they took comments/feedback from that meeting and incorporated it into the plans. There were issues such as the entry drive, the maintenance access drive, and landscape buffers. They were very favorably received and they documented to staff what 56 Planning Commission Minutes September 22, 2009 those comments were and how they addressed them. They also met with the homeowners' associations to request their incorporation of this project into the master homeowners' association, and that was a very successful meeting as well. Commissioner Weber asked if they felt it was pretty favorable. Mr. Hoeppner said yes. Commissioner Weber asked since you addressed the homeowners' association I assume the areas along the PGA Boulevard would be part of the master and would this then be part of its own separate homeowners' association. Mr. Hoeppner said it would be incorporated into the Residential 2 Homeowners' Association. Commissioner Weber asked if those conversations had occurred with the Residential 1 and Residential 2 homeowners' associations. Mr. Hoeppner said he had a letter of acceptance and agreement. Commissioner Barrows said she just wanted to follow up on a question on the tennis issue. Was there any specific feedback, in the sessions held with homeowners and others, about the tennis issue and the reduction in the amount of tennis courts. Mr. Hoeppner said not in this project. Commissioner Barrows said, so that has not been a concern from that community. Mr. Hoeppner said no. Commissioner Barrows asked for an explanation of the designation Tuscan Territorial Modernism. Mr. Olson responded it is a style of architecture that has a heritage of desert contemporary that has existed in the Valley for years. Modified Tuscan and his interjection of the term "territorial is a similar term his firm has used in Arizona and Nevada. It really is the core of using materials that are regional. You look out to the Santa Rosa mountains and it is all rock. You're sitting on a geological granite formation here, so that term of territorial means to integrate more of the regional materials that probably would have been used in the early days. Existing readily available materials like stone, like a lot of sand being used in stucco and site walls and things like that. Commissioner Barrows said they mentioned green practices and water conservation and it looked like the community center had a very nice overhang to help ameliorate the sun falling on the windows, but she Planning Commission Minutes September 22, 2009 didn't see that in the villa units. The front elevations are going to be facing different directions in this area, the south and west exposure in particular, are pretty severe and it was not clear how there was going to be any shading or any type of protection, for the windows. Mr. Olson responded there would be a variety of technology to help temper those conditions; such as low-E glass. They have deeper set windows, the use of shade and shadow, and they've tried to incorporate some shade devices like trellises, but not to the extent of large structured horizontal shade structures, like the community center. Commissioner Barrows asked if those windows would be deeper set. Mr. Olson explained they were and pointed out several windows and their setbacks. He explained the setback differences between these and traditional windows. Commissioner Barrows said it was a question she was interested in because she was concerned about the potential homeowners, and said you can ameliorate that with low E and with triple -glazed windows. In terms of the colors, she just wanted to clarify this because it sounded like the suggestion was this was a proposal and the Commissioners could provide some feedback and some discussion on that. So the color palette that was shown was for three different colors; 5, 6, and 7. She asked if all of those colors now were no longer part of that presentation or were they talking about the lightest color. Mr. Olson said just the darker colors, like 6 and 7; they would probably still use 5. Commissioner Barrows asked if 6 would be an accent color. Mr. Olson said it was a little hard to see, but 6 would be the darkest for an accent, but they would definitely drop 7. Commissioner Barrows asked if the colors in the new presentation are all different or was 5 in there since it was hard to tell. Mr. Hoeppner said when they went through the building permit process, they would submit a new color palette that was consistent with the design instead of trying to come up with a board tonight. They wanted to get a flavor for the Commission's direction and then incorporate that direction in the final building permit design. „ 56� Planning Commission Minutes September 22, 2009 Commissioner Barrows said she appreciated that, but she was trying to get a sense of it. She said some of the A, B, C presentations, lost a little bit in taking out some. of the deeper colors. She said they added a richness, and she wanted to make sure she knew which colors they were talking about. Mr. Hoeppner asked if it would help if they said they would offer colors A and C for approval, as a solution, versus saying "pick one". Commissioner Barrows, said maybe, as she was possibly more tolerant of the darker colors than others, it looked to her like it was a whole different set of colors. Mr. Hoeppner said yes. Commissioner Barrows said you mentioned the water feature and it changed with this presentation. Mr. Hoeppner said they spoke with staff and understood the water concerns in terms of excess water use and water conservation. Water features are everywhere at entrances to residential developments so they automatically did that. They are going to replace the water feature with a landscape or sculpture -type monument entrance instead of a water feature. Commissioner Barrows asked if there was turf proposed along the walkways for the residential area, or some smaller areas of turf. She said there was a condition that limited the extent to which that turf can occur up against the sidewalk. Mr. Haag said they are controlled by what CVWD allowed them to irrigate and obviously the plant palette was very much desert species, with drought -tolerant plants. Some areas of concentrated turf blended more closely with the look of the Palmer Course, etc., and some of the other common areas to the residential areas that exist. There is a new ethic so there is going to be a lot more desertscape. Chairman Alderson said you have an elevation that has been modified to fit the requests of staff and the ALRC, now you have to provide'a color palette that matches that. Is that what we are talking about. Mr. Hoeppner said yes. Chairman Alderson said the ALRC didn't come up with a firm recommendation, but we have a lot of good comments from them, Planning Commission Minutes September 22, 2009 both pro and con on this project and asked staff to let them know that the Commission had taken them into consideration. Chairman Alderson said marketing will dictate your phasing, is that in effect what you told Commissioner Quill. Mr. Hoeppner said yes. Chairman Alderson said when you get out into the parking lot I don't see a lot of infrastructure. Change is required when you're talking about feeding the main clubhouse and also the subordinate piping coming off underground wet -and -dry utilities to this clubhouse. So the work that I see in the parking lot is primarily restructuring of hardscape paving and paving striping; not a lot of underground work. Mr. Hoeppner replied there was not in the main entrance to the clubhouse. Chairman Alderson commented it was not going to be torn up too badly other than to re -stripe and re -configure the site concrete. Chairman Alderson said there were eight units which were adjacent to the street behind. He commented on the one-story versus two-story homes and the Commission's sensitivity to sight pollution. He also mentioned some very large shrubbery -laden fencing along the entire south of the entire project and asked if they were going to be able to salvage that in construction so the screening could mature and remain. Mr. Hoeppner said they identified that as being important to maintain. They have designed/made provisions within their plan to keep those plantings. Chairman Alderson asked if that was a yes. Mr. Hoeppner said yes.. Chairman Alderson said Commissioner Quill was talking about conditioning the project with reference to the phasing. He didn't get a solid answer as to whether or not the applicant would commit to phasing, to holding up occupancy of the first unit unless they had the clubhouse and the tennis courts. Commissioner Quill said, just for clarification, he was talking about this community center, not the clubhouse. He wasn't referring to the clubhouse remodel, and when he referred to infrastructure he wasn't referring to the parking lot of the clubhouse, but to the street; internal improvements within this project. 567 Planning Commission Minutes September 22, 2009 Chairman Alderson said, but the infrastructure he referred to would affect both of them and asked if the applicant could say yes or no to that. Mr. Hoeppner said if it was based on the first unit to be occupied, or certificate of occupancy (based on a duplex of two or four), they would probably not be able to do that economically. However, if there is a mechanism to trigger the construction or completion of the option as he mentioned earlier as being when 50% of the project was sold, or occupied, then the development would be turned over to the owners, that would be a good milestone to have the clubhouse up and running. He said it was their intention to have it built sooner, rather than later, because otherwise they would have a lot of unhappy purchasers. He said, in fairness to the business and the economy, they would like to have that come at a more economical time to the process versus laboring the project early on with that cost. Chairman Alderson said he didn't have concerns about the financial viability of this project because of Pyramid's reputation. He asked if they would be using local builders and general contractors. Mr. Hoeppner said it was their company's policy to work with local contractors and consultants. It is a benefit to the community to keep the local people employed; whether it's local craftsman or suppliers. Commissioner Weber had a question on exhibit C4 which showed the layout, prepared by MDS, regarding the hedge along Double Eagle Way. He said it was a very large space on the layout and was noted as being a proposed perimeter open space, he questioned whether the hedge was going to be retained when the plan showed a proposed perimeter open space. Mr. Hoeppner said it was shown as being retained in the attachment package, but not on the screen exhibit. Commissioner Weber said it was shown as open space. Did that mean it would not have structures on it; and the hedge was going to be retained. Mr. Hoeppner said yes. Chairman Alderson asked if there was any public comment. 56 Planning Commission Minutes September 22, 2009 Mr. Gary Tomak, 54-991 Tanglewood, La Quinta CA, (PGA West) introduced himself and said he has lived there for about 20 years. He said he has never been disappointed with anything that has been developed out there and nor with anything the City has approved. It has been a gorgeous place to live. He was not for or against this project, but had one concern, regarding the timing of the issue. Because of the housing downturn there's going to be more homes in foreclosure coming on the market, and he has been waiting -to see the development of the residential project which has been put on hold. He commented on nearby projects that have been put on hold and have become eyesores. He added that in PGA West there are timeshares that are sort of half -completed and residents are waiting to see a finish on that, so that the green screens will not continue on for years. He commented on the housing bubble and asked what impact the addition of 54 more units would have on the completion of the existing projects in La Quinta, and the homes that are currently on the market. Mr. Howard Culver, 55-501 Southern Hills, La Quinta CA (PGA West) introduced himself and said he wanted to address a couple of issues. The first issue had to do with architectural vibrancy and asked that the Planning Commission, and staff, temper architectural vibrancy with architectural compatibility. He commented on the mountain views from PGA West and that he didn't think the steel and metal finishes proposed were compatible with that. He said the Commission had been concerned with color and the applicant had revised the color to a more moderate tone but, as stated by a staff member, this is the first time they have seen it. They really haven't seen what it is going to look like. He thought the members at PGA West would prefer consideration of something more compatible with the general area around where this is going to be located and go to compatibility before vibrancy. Mr. Culver continued with his second issue which had to do with the presentation of timing and sequencing of the development. He said, as residents of PGA West, they had always been told that before any construction of the villas, that the tennis courts and the existing gym/ fitness facility would be done at the main clubhouse so that there would be no period of time where there would be no tennis courts or fitness facilities. The plan does call for modifications of the main 567 Planning Commission Minutes September 22, 2009 clubhouse, but it has always been presented that the fitness facility would be totally new and developed and the main clubhouse and the tennis courts built before any work was done to demolish existing facilities. If that is a change then I think everyone needs to know about it because that is not what has been presented before you. I am unclear right now as to whether there is going to be a fitness facility at the main clubhouse, up and operating in full extent before the existing one is torn down and whether the new tennis courts are going to be up and operating before the old ones are taken out. There were going to be five tennis courts, which meant they were going from nineteen to five and the five were going to be on new property. He asked if the five tennis courts currently existed. Chairman Alderson responded there were going to be five courts in a different location. Mr. Culver asked if the new courts would be built before the old courts were taken down. Chairman Alderson said that was not how he understood it. Mr. Culver reiterated would there be a period of time where there would be no tennis courts at all? Chairman Alderson said unless there were some other tennis courts. Mr. Culver responded there were no other tennis courts. Chairman Alderson said then the assumption was probably correct. Mr. Culver then suggested the Commission ask about the fitness facility because there was no other fitness facility. If the existing health and fitness club was torn down and there wasn't one built at the clubhouse, there would be no health and fitness facility for an undetermined period of time. Allof those representations had been made to all the PGA West membership that there would be no interruption in tennis facilities or the fitness center. Chairman Alderson told Mr. Culver some of his concerns would be addressed in the next presentation about the clubhouse. 57G' Planning Commission Minutes September 22, 2009 Mr. Culver said it was never clarified as to what the sequencing would be. Chairman Alderson said they would be touching on that shortly. Commissioner Quill had a question for Mr. Culver regarding his first point. He said PGA West was started in 1983, when it was constructed, some of the first duplex and triplex units were contemporary in design. Then they started going to a more Tuscan or Mediterranean, or Spanish Colonial and then there were the custom homes that were built some of which are extremely contemporary in their design in textures and use of materials and the actual clubhouse facilities which were very contemporary and didn't necessarily have a tie to the existing structures. PGA West, in and of itself, is a very eclectic architectural design community right now. He asked Mr. Culver what he wanted because there wasn't anything about the architecture at PGA West that was consistent. Mr. Culver responded there was a certain compatibility, in terms of color and general architectural style and exterior furnishings. He agreed that the existing clubhouse and health and fitness facility were not the models to go by, but in terms of the colors they are very dark colors which are totally incompatible with anything in PGA West and a lot of the desert. If the applicant is toning them down, we don't know how much they have toned them down. I appreciate their willingness to do it. My concern is that you drive around PGA West and see the colors there and have them change the colors to be more compatible with those, not something glaring and different and that would probably go with the main clubhouse. I know we're going to get to the main clubhouse later on and I will save my comments for a major objection to what they are trying to put there. He didn't have any problem with general modifications to the main clubhouse because it is dated, it is not necessarily compatible, but it is low and sort of unobtrusive. Chairman Alderson asked if he intended to speak on the other project. Mr. Culver said yes. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. 571 Planning Commission Minutes September 22, 2009 City Attorney Jenson wanted to point out that since some of the facilities that they were talking about were within the footprint of this map, they could add a condition of approval relating to there being no demolition permit on the existing tennis clubhouse or the tennis courts until the replacement facilities were up and ready. Chairman Alderson asked Counsel if she was saying they could condition the tennis facility to have to be done first so those facilities were functioning which would force that phasing on to the developer. City Attorney Jenson said yes the Commission could add a requirement that there would not be a demolition permit issued for the existing tennis clubhouse or the existing tennis courts until the new ones were in place. Commissioner Quill suggested the public hearing be re -opened to allow the applicant to respond to the some of the comments and then keep it open to allow questions. Chairman Alderson asked the applicant if it would be beneficial to him to have the public hearing re -opened, so he could respond to the comments he'd heard. Mr. Hoeppner said yes. Chairman Alderson then re -opened the Public hearing portion of the meeting. Mr. Hoeppner said, in response to the comments, their intent would be to replace the existing tennis courts prior to start of construction because the tennis courts already existed fairly close by. It would be easy to construct those tennis courts without any impact to the level of play or service to the members. There's already tennis courts there so they would just be re -surfaced and it would be worked out, in terms of logistics, of when certain courts closed and the other ones open. The tennis courts exist there already. We'd just be improving those prior to starting construction and demolition of the other ones. Commissioner Weber asked if the applicant was referring to the five new courts where there were currently some grass courts there. 57 Planning Commission Minutes September 22, 2009 Mr. Hoeppner pointed to the map and showed where those courts already existed and the extension of the green area. So those courts could be constructed prior to demolition. Chairman Alderson asked the applicant if he would have no objection to a condition in that regard. Mr. Hoeppner said that was correct. Mr. Hoeppner said the clubhouse situation, and replacement of that, would have to be staged and said it might be better addressed in the clubhouse application because this may actually end up staying there while the other one was being constructed. Commissioner Wilkinson asked if the existing exercise/workout facility, clubhouse for the tennis courts would remain until after the remodeling for the main clubhouse facility was finished and all the equipment was moved. Rob Bernheimer, 45-025 Manitou Drive, Indian Wells, CA introduced himself and asked if the Commission could hold off on the discussion of dealing with this building until we get to the application on this building. He said they could agree to the condition, regarding the construction of the tennis courts, but it would end there for this application. He added they could talk about demolition during the next agenda item. Chairman Alderson commented his comments on the tennis courts would help solve part of the problem. Mr. Bernheimer said yes. Commissioner Wilkinson said there were some sunken grass courts out there. He asked if the elevations of the courts were going to remain the same, as he didn't see a grading plan. Mr. Hoeppner said it was about the same, Commissioner Wilkinson asked if it could be cut out and other courts built. Mr. Hoeppner said right, pointed out the slope, and then gave an explanation of what was going to be done. City Attorney Jenson said, for clarification, since the existing clubhouse was within the footprint of this map, it is appropriate to add that condition to this map because otherwise you would be creating lots underneath the existing building. You could put it in the other Site Development Permit as well, but you would want to have it in this 5 7, Planning Commission Minutes September 22, 2009 geographic area because it is covering this map and if there is no intention to demolish that building in advance of doing the other then it shouldn't be a problem. She recommended that it actually be a condition on this map because this map shows homes where the existing clubhouse is. Commissioner Wilkinson asked if she was saying the condition would read that the demolition permit could not be issued until the clubhouse remodeling was finished. Chairman Alderson commented on the dovetailing of issues with the big clubhouse remodel into this project, interacting with both and really getting complicated. Planning Director Johnson said the key thing to remember is that the Commission has four actions to review. One is a map which covers all 25 acres, including the adjacent clubhouse and as long as the condition is connected to the map, and not the Site Development Permit, that would be fine. He also added he thought the issue was the need for assurance that the amenities would not be lost for an interim period. Mr. Bernheimer said he thought that was a good comment and added he didn't have any objection to saying they would have to provide for this amenity somewhere on this overall site, before that's torn down, but they didn't know what the timing would be and how it would relate to the clubhouse. So, there could be some transitional application of that and they might have to create a facility for workout while construction and demolition was going on. If the condition was worded that the amenity be provided for without disruption of the use of the amenity, rather than just saying they could not tear this down until the entire thing was complete, then that was something they could live with. Chairman Alderson asked if the work on the big clubhouse was completed, and was made functional, so that you had a workout facility, that would take care of one of the concerns. The other concern would be to have tennis facilities ongoing and if the five tennis courts were put in, without the clubhouse, you would then need them both. That would then force you to do the big clubhouse first and we have not reviewed that application yet. 57; Planning Commission Minutes September 22, 2009 Mr. Bernheimer said the conditions should be worded so that Pyramid would be required to provide a minimum of four or five tennis courts at all times, during construction and they would not have to parcel up the map. They would also have to provide similar workout facilities for the membership, in this building, without saying you can't demolish this building. He said they were fine with having the conditions applied to both maps, but not to isolate different facilities. He was concerned that, right now, it appears as though they don't need material for grading, but what would happen if when they begin work and they have to demolish a few courts, but then leave four or five courts going while doing some of that site work. He said if we just talk about amenities, instead of actual physical structures, it would provide more flexibility. City Attorney Jenson said it was perfectly fine to say the amenities could be provided with the area. Chairman Alderson said that condition could be attached to the parcel map. Mr. Bernheimer said they were fine with both of those. Mr. Culver responded by saying what they had proposed had merit. However, he cautioned the Commission to make sure the applicant would not have an opportunity to provide the tennis or fitness facilities at the La Quinta Resort, since there are tennis courts and fitness facilities on that site. The PGA West residents would then have to go to the Resort to use their facilities. Chairman Alderson asked if Mr. Culver wanted the condition to be site specific. Mr. Culver reiterated his comments about the promise of no demolition without replacement facilities and he was concerned the applicant would say the PGA West residents would have to go to the La Quinta Resort for their fitness and tennis facilities for an undetermined number of months. 57�-, Planning Commission Minutes September 22, 2009 Chairman Alderson then closed the public hearing portion .of the meeting and asked Commissioners if they had any additional comments. or questions. Commissioner Weber asked if the surfaces of the existing courts were grass, clay, or hard courts. The applicant responded there were all three types. Commissioner Weber asked if the five new tennis courts would be grass or hard courts. Mr. Hoeppner said it was yet to be determined. Commissioner Barrows asked Counsel about Commissioner Quill's previous question on Site Development Permit condition #37; which related to the improvements, building permits, and the project being partially completed. She asked if the current condition addressed that. Commissioner Barrows then read condition #37 which states: Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to haft issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. City Attorney Jenson said the Commission would have to define what they meant by a "timely manner". She referenced the discussion they had about the new community center and whether to require it before the first Certificate of Occupancy, or when they were halfway through. She then gave examples of the types of wording that could be used and said those were items that could be specified in the condition. She recommended that they not rely on condition #37 as that related to the improvement security and was not appropriate. It needed to be spelled out in a new condition. Commissioner Barrows said she was concerned about one potential condition which related to provision of the facilities on an on -going basis for the recreational facilities and asked for further clarification, from Counsel, on the provision discussed. City Attorney Jenson said the construction was in reference to the timing of the construction of the new community center. She said the Planning Commission Minutes September 22, 2009 new facility would be designed for the 54 villa units and the remodeling of the clubhouse would be discussed in the next public hearing item. Commissioner Barrows said she was concerned about what would happen after construction began and wanted to prevent being left with a graded, fenced, empty lot. That was what she wanted to address. City Attorney Jenson said the Commission could spell out those items; such as requiring the roadway improvements be installed. She suggested Principal Engineer, Ed Wimmer, would help with what is typically done for subdivision phasing. If there was something in particular the Commission wanted spelled out, it would have to be done, and could not be bonded for. If the Commission wanted the condition to read "prior to the first building permit", that would have to be spelled out. Chairman Alderson said that was the key. If site improvements get half -done, and not completed, what would be the point in holding the building permits as they would not go forward anyway, but if you had a bond on it, that would be helpful. City Attorney Jenson said there would be bonds required for all the off -sites, but some of things are not required as map conditions, such as the tennis courts and she did not thing the City would be holding bonds for those. She deferred to Principal Engineer Ed Wimmer for an explanation. Commissioner Quill commented that even if there was a bond it would take four years to get the money. It was a moot issue and not worth discussing, as a bond does not protect you. He did not think that was worth going into. Chairman Alderson said the point I made regarding the financial stability of our developer -client here, hopefully, covers that. Commissioner Quill commented on the economic atmosphere and the instability of large brand name firms. His biggest concern was that they not demolish, or close anything, until they know they are going to build the other amenities. If they're going to build models for pre - sale, they should find a location within this site before they begin 51T Planning Commission Minutes September 22, 2009 demolition. They might have to demolish some tennis courts but not the fitness center or clubhouse. He asked if they could provide assurance to the Commission that they intend to build the community center and tennis courts; and, during construction, provide some kind of replacement fitness and clubhouse facilities prior to any demolition. Chairman Alderson commented on what the Commission was discussing for this public hearing item and asked if Council would repeat her earlier remarks on the suggested condition. City Attorney Jenson said the Commission could add a condition, to the tract map, that said the existing, tennis courts, tennis clubhouse and their amenities, would not be demolished until new replacement amenities were provided within the site of this map. That did not cover the clubhouse or the community center for these 54 homes. Commissioner Quill said they could do that by building permit. City Attorney Jenson said the Commission could designate a certain numbered building permit would have to be in place prior to obtaining a Certificate of Occupancy. Chairman Alderson said he thought that covered the concerns of all they had heard. Commissioner Weber read condition 75 on page 109, which stated: All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. He asked that "and painted to match the adjacent buildings" be struck out because the transformers were utility -owned and that was not the developer's prerogative to paint them to match the adjacent buildings. He also wanted to add that the screening and landscaping be in compliance with the utility's regulations because there were issues regarding plantings around transformers and he wanted to see that included. 51 Planning Commission Minutes September 22, 2009 Commissioner Weber said he appreciated the ALRC's debate on this. There were two opposing views, and a lot of consternation, and he was glad there was an ALRC. He was still concerned as to why the phasing could not be clarified. He then commented on the applicant's responses to the setbacks, the water features, and the colors. He commented the Commission should be very strict about the amenities being in place prior to demolition. He said he still had an issue with the tennis courts being reduced from nineteen to five. He was not convinced that 20 years from now tennis would not be more than just a micro -business and saw this as moving in a direction that worries him. Chairman Alderson wanted it entered into the record that Ms. Sharon Burton, 55-099 Tanglewood, La Quinta CA, sent a letter regarding this project giving her thoughts on water preservation. He also read a letter from Mr. B. Richins, 54-299 Shoal Creek Road, La Quinta, CA, stating he opposed the project. Commissioner Quill said he'd just like to recommend that the following wording be added to Condition #75: you add "per the specifications of the appropriate utility", or words to that affect. That way it would cover IID (Imperial Irrigation District), or any other utility, from that perspective. Commissioner Weber said this is a major issue and the landscaping perimeters, around the equipment need to be maintained. Imperial Irrigation is actually going in and trying to work on this issue now. So, if this is a standard condition, it needs to be changed because the standard is no longer acceptable. Commissioner Wilkinson asked to see the ABC color palette exhibit. He said he was not opposed to the darker color, but was looking for compatibility with the surrounding architecture; in particular the adjacent project. Discussion followed regarding what was shown and what the original colors were. Commissioner Wilkinson asked if the Commission was to designate colors, was the applicant to select A, B, and C, and had the original designated color been dropped from the palette. Planning Commission Minutes September 22, 2009 Commissioner Barrows said that depended on how the motion was worded. Chairman Alderson asked if Commissioner Wilkinson wanted to condition the project to utilize colors as is dictated in the revised condition. Commissioner Wilkinson said yes. Commissioner Barrows just wanted to clarify one thing regarding Commissioner Wilkinson's question on the colors. She said there is an existing condition that references the color palette being amended to represent the lighter colors typically found in PGA West and she thought what the Commission wanted to refer to was the colors presented at the meeting. Commissioner Weber asked if the community center was the residential center. Commissioner Quill responded that the community center was the building that was intended for the 54 unit tract. Commissioner Weber added he wanted to clarify and make sure he understood there would be no demolition of the existing tennis clubhouse or a majority of the tennis courts prior to replacement facilities being in place, within the tract boundary. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-026 approving Environment Assessment 2008-601 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-027 approving Specific Plan 83-002, Amendment 7 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-028 approving Tentative Tract Map 36139 with amendments as follows: 1. Delete the following paragraph from Condition 44 which states: 5U Planning Commission Minutes September 22, 2009 "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #84 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-029 approving Site Development Permit 2008-907 with the inclusion/amendment of the following conditions: 1. Delete the following paragraph from Condition 36 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #74 to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 11 561 Planning Commission Minutes September 22, 2009 3. Change condition #76 to read: "The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site." 4. Change Condition #78 to read: "The community recreation building and associated recreation facilities (pool. area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 301" building permit within the Villas project." 5. Change condition #79 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." Unanimously approved. B. Site Development Permit 2009-911; a request by Pyramid Project Management, LLC for consideration of plans for the remodel and expansion of the PGA West private clubhouse located at 56-140 PGA Boulevard; PGA West; west of PGA Boulevard. Chairman Alderson opened the public hearing and asked for the staff report. Chairman Alderson prefaced the staff report by saying this was being presented by the same applicant and there had been a lot of discussion of some of the issues involved with this project which did .1 5 8 .. ATTACHMENT 11 .1 06, \�` � , /R.o „ a 2.# w 9bb/tR 2pj§. y \#RR ,�` IRA c � ~ � 7 ' ®Ll) $ ® ■ \| Ica �§ > - \ LU \ \ - LU\ �( .. 584 58r ATTACHMENT 12 45-025 Manitoo Drive, Suite 3 - Indian Wells, CA 92210 Phone 760.360.7666 Fax 760.776.1760 Rob@RobBemheimer.com September 29; 2009 Mr. Les Johnson Planning Director City of La Quints 78-495 Calle Tampico La Quinta, CA 92253 Re: Pyramid/PGA West Private Clubhouse & Golf Villas SDP 2009-911 & SDP 2008-907; TTM 36139 Dear Les: At the Planning Commission meeting of September 22, 2009, Pyramid agreed with a condition that was added to the entitlements reference above. The condition requires replacement tennis and Health & Racquet Club facilities located somewhere within the two tracts prior to demolition of the like facilities. Pyramid continues to agree with the intent of this condition and understands the concerns raised by the Planning Commission. However, upon reflection after the Planning Commission meeting, the Pyramid team has some safety concerns that may arise during const<uction. The extent of construction at the Clubhouse will likely cause its temporary closure. If the existing health facility is either already removed or is being removed at the same time, the construction site may be too dangerous to have that use specifically within the two tracts. Therefore, we would like the condition to be amended to add at the end of the condition: "To the extent temporary health club facilities are established during construction, this condition shall be satisfied if such temporary facilities are located within the core of PGA West, not to exceed 2,500 feet from the PGA West Private Clubhouse." We believe this follows the spirit and intent of the Planning Commission approval and ask that the conditions be modified to reflect this change. Thank you for your assistance. Cordially, Robert A..Bemheimer 5U6 p1-o 1 Good evening - My name is Dick Mills. I am a member and resident at PGA West. I reside at 81-600 Tiburon Drive, La Quinta. I have joined together with 5 other members and residents and we formed an Ad Hoc Committee for the purpose of advising the other members and residents respecting the particulars of the proposed 54 Golf Villas and the Private Clubhouse Improvements. We do not purport to represent anyone other than ourselves. We are simply a group of concerned citizens. The Ad Hoc Committee requested Pyramid to withdraw their two applications so the applicant could inform the numerous stakeholders respecting the details of their proposals. They rejected this suggestion. With that said, I am requesting the City Council to DISAPPROVE Pyramid's proposals. The basis for my request is based upon the following: 1. The only communication from Pyramid in the last 9 months was an email that simply stated that the Public Hearing was continued from November 17 to December 15. 2. Pyramid has accomplished nothing since the October hearing until now with the exception of meeting with 3 members and residents. . 3. The 3,000 plus households of PGA West have not been formally informed of the proposals details. 4. Most importantly, the applicant has no credibility. Pyramid made false and misleading representations and statements to the Planning Commission during the September 22 Public Hearing. If the Council does not disapprove the two applications and moves to continue the Public Hearing once more, then I implore the Council to impose these conditions upon the applicant: 1. Obtain a member and resident wide survey. 2. Based upon the survey form 5 or 6 twenty member focus groups and have a dialogue respecting the various points of view. 3. Subsequently hold a Town Hall meeting to present the then proposals complete with alternatives Thank you. 9anninq.Commission Minutes :eotember 22. 2009 EXCERPT RESPONSE: EXHIBIT 1 Commissioner Weber asked if they could talk a little about the process for outreach or notification of the membership. Mr. Hoeppner explained they had previously held an open house at the PGA Stadium clubhouse. It was attended by about 40 or 50 people; all homeowners" association members or residents. They had a presentation with himself, Forrest Haag, and Davis Sezna. It was very well received and they took comments/feedback from that meeting and incorporated it into the plans. There were issues such as the entry drive, the maintenance access drive, and landscape buffers. They were very favorably received and they documented to staff what those comments were and how they addressed them. They also met with the homeowners` associations to request their incorporation of this project into the master homeowners' association, and that was a very successful meeting as well. IN A TELEPHONE CONFERENCE WITH KEN HOEPPNER ON DECEMBER 1, 2009 WHEN HE RESPONDED TO MY E-MAIL OF NOVEMBER 27, 2009 HE COULD NOT SAY WHO ATTENDED, LET ALONE WHO THEY REPRESENTED OR HOW THEY WERE INVITED OR NOTIFIED OF THE MEETING. THE MEETING PURPORTLY TOOK PLACE IN FEBRUARY, 2009, FULLY SEVEN MONTHS PRIOR TO THE PLANNING COMMISSION PUBLIC HEARING ON SEPTEMBER 22, 2009. I SUSPECT THAT WHATEVER WAS PRESENTED WOULD HAVE BEEN MATERIALLY CHANGED OR MODIFIED DURING THAT SEVEN MONTH TIME FRAME. WOULD YOU NOT AGREE? 12 588 "annindCommission Minwes .-oremoer 22. 2009 EXCERPT EXHIBIT 2 Commissioner Barrows said she iust wanted to follow up on a uestion on the tennis Issue. was there an s ecfic feedback In the sessions held with homeowners and others, about the tennis issue and the reduction in the amount of tennis courts. Mr. Hoe ner said not_in. this ro-ect. Commissioner Barrows - concern from that community. Mr. Hoeppner said no. ?:lFeoorts - PC,2009110-13-091PC HIM 9-22-09 Aouro.ed.doc RESPONSE: THE FIRST MEETING WITH THE TENNIS ASSOCIATION PRESIDENT, NAMELY JUDY HIRSCH OCCURED ON NOVEMBER 10, 2009. ALMOST 3 MONTHS LATER. NO DISCUSSIONS HAVE OCCURRED WITH THE OVER 1,500 PREMIER MEMBERS, EACH OF WHOM HAS UNRESTRICTED USE OF THE TENNIS AND FITNESS CENTER. 13 5 3 9 annina Commission Minutes .scremoer 22. 2009 EXCERPT RESPONSE: EXHIBIT 3 Commissioner Weber asked if they felt it was pretty favorable. Mr. Hoeppner said yes. Commissioner Weber asked since you addressed the homeowners' association I assume the areas along the PGA Boulevard would be part of the master and would this then be part of its own separate homeowners' association. Mr. Hoeppner said it would be incorporated into the Residential 2 Homeowners' Association. Commissioner Weber asked if those conversations had occurred with the Residential 1 and Residential 2 homeowners' associations. Mr. Hoeppner said he had a letter of acceptance and agreement. REFER TO THE EXCERPT OF THE PETERS & FREEDMAN LETTER DATED NOVEMBER 9, 2009 AND SPECIFICALLY THE FIRST PARAGRAPH ON PAGE 1 AND THE FIRST PARAGRAPH ON PAGE 2, THE RES II ATTORNEY'S LETTER SPEAKS FOR ITSELF. 12 590 Z�tw.�xMARMe� - xis A hGY1i •'."'*= e w"' et.c-" v` ..y a.`vJs' .y ,� ;M1.w A'z`, i'T♦1+,'+ �k rps ,�4.. S.. 1C" SF"' ``�i" 'i�^4 ' "'l iw �F Y ( I� 4 r.F� a"" s.'^- is t• �;x�'� �Y c[ .: y�"+y��4 "r�Y*�,; "y v-5+ t♦ T Cf'tF' y Tf�?m / - !. 7. �' A f r 5 � �•'y., s i t ..� yy"{f' � � �r {3; s� —., '. � s A � ' .rsrt� .,+'Cro a$'3'� -204 r .yam ..c _ i �, �. S mac..-�- •i�++§S �, r� s-." -e.&-pM'ia:a-Jkk u.. i+$o''�- r tier=affNvE $�i�it�: ° a iowL`�. I , rn1- }e. Ab ill F�� r ♦ _ S g ° m'Q'i �X .�t-w �"ti� 'w'♦�`�S,F z ; 5'S VGl �C 7`i-a'axtie v.✓`.'. z�7r t ` �� - Yl{s• �y,J ♦S`F. t� Y F 9 I Dear City Council Members, My name is Steve Weiss and 1 am a resident of PGA West. I also serve on the Ad Hoc Committee for the projects being discussed which has been sharing information with over 2300 residents and members. We do not purport to represent anyone except ourselves. 1 have extensive management and investment experience throughout my 40+ year professional career. I would like to express my concerns about granting Pyramid a 90 day continuance for the applications at PGA West. These projects were formulated with little or no input from PGA West resident and members. Our committee has urged Pyramid to get member and resident input by conducting a survey. Then, we recommended having several focus groups on specific aspects of the projects, such as: • fitness center, • clubhouse improvements, tennis program, • financial needs to renovate the Clubhouse and • potential projects, such as Golf Villas, to generate financial resources needed for the clubhouse improvements Once there is consensus on these issues, Pyramid and our committee would have a series of Town Hall meetings with as many residents and members as possible to get their support. Our goal is that this will result in a win/win for the community and the developers. The end result of this input will allow Pyramid to develop detailed plans for these projects that might need to be reviewed again by City of La Quinta Planning Department. Only then would these projects be ready for your consideration at the City Council. I would suggest to the Council members that this process, if done carefully and thoroughly, would take considerably more than the 90 days that Pyramid is requesting. Maybe they should be asking you for a 9-12 month continuation?? My greatest concern is that a 90 day continuance will encourage Pyramid to shortcut this process. The City Council would again be pressured to approve a project that on the surface is intended to "improve" the PGA West Club, but in reality is only a financial ploy to add assets to both Pyramid's and Morgan Stanley's balance sheets. Once you grant Pyramid and Morgan Stanley entitlements for the development of the Golf Villas project, they will benefit from any future sale of these development rights or sale of the entire PGA West property. Should the City Council be enhancing the financial position of the owners of PGA West who are in eminent risk of defaulting on their current obligations?? 1'd appreciate if you can take these thoughts into your consideration for granting a 90 day continuance. Thank you, Steve Weiss 57-419 Colonial La Quinta, CA 92253 Cell (707) 246-4355 email sweiss@vbbn.com 59 PHI Gary Lesser remarks to La Quinta City Council Dec. 15, 2009 Good evening. My name is Gary Lesser. I have been a Resident and Member at PGA West for nine years. My professional background is in strategic communications. One of the things I learned — and practiced diligently -- during my 35-year career, was that if you give people the facts, if you communicate with them openly and honestly, they are much more likely to make good decisions. Therefore, when Pyramid made no effort to communicate with PGA West Members and Residents regarding its proposal for 54 golf villas at PGA West, I felt compelled to share with Members and Residents what I had learned on my own about the proposal. My fact finding was done through public documents that Pyramid had filed with the City of La Quinta, as well as the Planning Staffs recommendations, which are on the La Quinta City website. My issue tonight isn't so much with the facts of Pyramid's proposal, though I am absolutely opposed to it on many levels. My issue is why Pyramid has deliberately chosen a path of secrecy and deception — and tried to push the project through in an environment where few, if any, PGA West Members and Residents had knowledge of the proposal, or its details. In working with our ad hoc committee, I put together a letter about the proposal, and sent it via e-mail to more than 2,000 PGA West Members and Residents. The letter contained objective facts, issues and concerns, and what Members and Residents could do if they opposed the proposal. 59 1-5 The response from Members and Residents was overwhelming. As you know from the letters you've received, as of last Thursday, more than 130 Members and Residents wrote to you to voice their rather intense opposition to the project. Of these 130 letters and e-mails, only one supported the Pyramid proposal. Opponents of the golf villa proposal had many concerns and issues with the proposal itself, but one of the common threads in their letters and a -mails was that they felt blindsided by Pyramid. They were confused and angry about Pyramid's choice not to communicate with them on an issue that affects both their membership value and property value. Whether Pyramid's absence of communication to Members and Residents was a tragic oversight, or an intentional strategy, the result was still the same: ill-informed Members and Residents. Almost a month ago, Pyramid's senior executive admitted to our ad hoc committee that it dropped the ball and poorly handled communication to Members and Residents on this proposal. Since that admission, there have been many opportunities, but still zero communications from Pyramid to PGA West Members and Residents regarding the proposal. In its formal request last week to the City Council for a 90-day continuance, Pyramid said it needed the time so that it can reach out to the PGA West community and address questions about the proposed project. Given its track record of non - communication to key stakeholders in our community, I see no reason to expect Pyramid to change its attitude and approach with PGA West Members and Residents over the next 90 days. Therefore, I respectfully request the Council to deny Pyramid's request for continuance. A continuation would only mean more opportunity for Pyramid to ignore the 1,500 Members and 3,000 Residents whose membership values and property values are at risk by Pyramid's proposal. Thank you for your time. 596 o D Ey OF1� COUNCILIRDA MEETING DATE: December 15, 2009 ITEM TITLE: Continued Public Hearing to Consider Adoption of a Resolution Approving Plans for the Remodel and Expansion of the PGA West Private Clubhouse Located on the West Side of PGA Boulevard, Between Avenue 54 and Avenue 58. Applicant: Pyramid Project Management, LLC RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue the public hearing until the regularly -scheduled City Council meeting of March 16, 2010, per the Applicant's request. FISCAL IMPLICATIONS None, CHARTER CITY IMPLICATIONS None BACKGROUND AND OVERVIEW Zoning: Low -Density Residential (RL) General Plan Designation: Low -Density Residential (LDR) Surrounding Zoning and Land Uses: North: Residential JR 28259-1); Golf Course South: Proposed PGA West Golf Villas (TTM 36139) East: PGA Boulevard West: Golf Course/Driving Range Property Description and History: PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, there are three golf course clubhouses within the PGA West community. The Norman Course Clubhouse is located within the Norman Course community on the east side of Madison Street. The Stadium Clubhouse is located at the southern terminus of PGA Boulevard, which underwent an expansion in 2008. The applicant is proposing to remodel and expand the Palmer Private Clubhouse, which is located on an approximately 9-acre site on the west side of PGA Boulevard (Attachment 2)• This proposal was scheduled to be considered at the City Council meeting of October 6, 2009. However, the item was continued to the present date in order for the applicant to meet with various PGA West Homeowner's Associations and residents to resolve a variety of project -related issues. On December 8, 2009, staff received a letter from the applicant requesting another continuance to March 16, 2010 (approximately 90 days) in order to continue meetings and discussions with the Master HOA and residents. PROPOSAL Overview The PGA West Palmer Private Clubhouse is located off of, and takes access from, PGA Boulevard. A main entry drive leads from the street to the clubhouse courtyard. The proposed PGA West Golf Villas (SDP 08-907) is to be located south of the clubhouse area, with a number of tennis courts between the clubhouse and nearest residential property line. The redesigned parking lot will provide access to the clubhouse as well as to the Villas. For this application, the applicant is requesting consideration of the structure, design, and associated landscaping plans for the expansion of the Private Clubhouse. The existing two-story Private Clubhouse is approximately 62,000 square feet, and includes dining, locker room, and office facilities. The clubhouse is primarily surrounded by non-residential, recreational uses, with the closest residential property line located approximately 350 feet away from the northernmost extent of the expansion. The proposed 17,700 square foot expansion, which will be the focus of this report, includes the construction of interior spa and fitness club facilities, two new pool facilities, and exterior patio areas (Attachment 2, Sheet 4). Clubhouse Expansion Included with this proposal are plans to expand the two-story, multi -use golf course clubhouse (Attachment 2, Sheet 9). The architectural style of the clubhouse, as referred to by the applicant, is Desert Territorial Modernism, and includes use of prefinished metal, colored concrete, stained woods, and ornamental metals (Attachment 2, Sheet 9 — 13). The proposed clubhouse expansion plans maintain the main entry drive leading from PGA Boulevard to a vehicular courtyard (Attachment 2, Sheet 5). A new entrance area leads from the courtyard to the existing lobby of the clubhouse. Along the north and southern boundaries of the vehicular courtyard are new exterior loggias. North of the entrance lobby is the interior spa expansion (Attachment 2, Sheet 4)• This expanded area includes a spa reception, additional locker areas, a number of massage rooms, and a waiting/recovery area. Outside of the spa expansion area is one of the new pool areas, which include a spa pool, water feature, fire pit, and sitting areas (Attachment 2, Sheet 15). To the south of the entrance lobby is the interior fitness club expansion (Attachment 2, Sheet 15). This new area, which will replace the existing fitness center in the Health and Racquet Club, includes additional retail amenities, a fitness area, a yoga room, a child care facility, and a variety of office and storage spaces. In the area outside of the fitness center expansion is the second new pool area. Similar to the other pool expansion, this southern pool area includes a pool, spa pool, and a sizeable seating area. At the rear, or western end of the clubhouse, the expansion includes a small interior addition to the main dining area and an expansive new outdoor terrace and pavilion area (Attachment 2, Sheet 14). As the clubhouse is situated on multiple grades and incorporates varying rooflines, the height of the building, including both existing and expanded areas, but not including the uninhabitable tower feature, averages approximately 35 feet in height at its highest ridgelines, measured from the lower grade level (west elevation) (Attachment 2, Sheet 11). The uninhabitable clock tower is approximately 45 feet in height, measured from the lower grade level (west elevation), which is no more than 1-foot taller than the highest portion of the clubhouse. In general, the expanded areas are the same height as the existing clubhouse; only the clock tower and front accent wall exceed the current building heights. The new clubhouse 5 9'� expansion totals approximately 17,700 square feet, bringing the total area of the clubhouse to approximately 79,700 square feet at the end of construction. Parking Lot The existing clubhouse parking lot is being redesigned as part of the clubhouse expansion. Currently, there are approximately 397 existing parking spaces at the Private Clubhouse. A total of 257 parking spaces, including eight (8) ADA parking spaces, are provided in the new lot (Attachment 2, Sheet 6). Accessible sidewalks lead pedestrians from the parking lot to the main clubhouse entrance, two pool areas, and spa and fitness facility entrances. Although valet parking is available for special events, most patrons are expected to park their vehicle in the parking lot and walk to the clubhouse. Landscaping The landscape plan for the clubhouse identifies a plant palette consisting of low- to moderate -water use trees and shrubs generally consistent with what is permitted in the PGA West Specific Plan. Landscaping throughout the clubhouse facility is plentiful, is designed to complement the architecture and layout of the building, and also suitably integrates into the existing landscaped areas. Mostly utilized around the clubhouse site are various palm trees and shrubs, with some areas of turf, which has been limited to landscape planters near the front of the clubhouse and an existing lawn area near the rear of the clubhouse. The existing palm trees located within the parking lot planters will remain. The applicant proposes the use of existing Date Palms and both California and Mexican Fan Palms (Attachment 2, Sheet 24). New trees on the palette include Palo Verdes, Desert Willows, and Hybrid Mesquites. A variety of small and large accent shrubs, including Red Bird of Paradise, Desert Marigolds, and Trailing Lantanas, are proposed in the areas immediately surrounding the clubhouse and in the parking lot areas (Attachment 2, Sheet 32 — 38). The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 42 — 50). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. Walls, fences, and gates throughout the clubhouse site have several different design elements. Concrete masonry unit (CMU) retaining walls with stucco finishes, ranging from 4- to 14-feet in height, are prevalent throughout the clubhouse facilities. The applicant also proposes multiple water features throughout the project (Attachment 2, Sheet 5). The features range from smaller - scale features located at the main entrance to the building to larger -scale water features located at the automobile courtyard as well as at the rear of the clubhouse facilities (Attachment 3). 6 JIG 0134[O1e[C740Ewa 0 III �A Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. PUBLIC NOTICE The proposed project application was advertised in The Desert Sun newspaper on September 11, 2009 for the September 22, 2009 Planning Commission hearing and on September 25, 2009 for this City Council hearing. No written comments were received prior to the Planning Commission hearing, and to date multiple letters have been received for the City Council hearing (Attachment 4). Additionally, staff has also received the aforementioned letter of request for continuance of the proposal from the applicant (Attachment 5). ENVIRONMENTAL REVIEW The La Quinta Planning Department has prepared Environmental Assessment 08- 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommended a Mitigated Negative Declaration of environmental impact be certified. PLANNING COMMISSION ACTION The Planning Commission considered this request at its meeting of September 22, 2009 (Attachment 6). The discussion primarily focused on the architecture of the expansion areas, specifically the proposed clock tower and water features (Attachment 7). The Commission had minimal issues with regards to the architectural design of the clubhouse. The Planning Commission had no issues with the removal of the existing porte cochere or landscape design, and the proposed color palette was viewed as acceptable for use on the clubhouse. With regards to the clock tower, the Commission found it acceptable as it is approximately the same height as the main building areas, and does not result in a significant architectural inconsistency. The Commission also discussed the use and viability of the various proposed water features within the clubhouse site. After a presentation by the applicant which showed in greater detail the location and design of the features, the Commission concurred with the applicant that the features are pedestrian -oriented and 6V1 acceptable for implementation into the project. However, a condition of approval was added that required the final design of the features to be reviewed and approved by the Planning Commission prior to issuance of any building permits for the clubhouse. Public response to the proposed Clubhouse project at the hearing was limited to one PGA West resident who spoke and expressed concerns regarding the "visual pollution" caused by the proposed clock tower and questioned its design, height, and necessity. The resident's second concern was regarding the timing of entitlement processing. He had requested that the project be considered for public hearing during the season when the majority of PGA West residents could be present. The Planning Commission recommended to the City Council on a 5-0 vote approval of the Site Development Permit. FINDINGS AND ALTERNATIVES The Findings, as noted in the attached Resolutions, required by the Zoning Ordinance, and CEQA, can be made, subject to the recommended Conditions of Approval. The alternatives available to the City Council include: 1. Continue the public hearing until the regularly -scheduled City Council meeting of March 16, 2010, per the Applicant's request; or, 2. Adopt a Resolution of the City Council approving Site Development Permit 09-911, subject to the attached Findings and Conditions of Approval; or, I Do not adopt a Resolution approving the Project; or, 4. Provide staff with alternative direction. Respectfully'Oubmitted, s6n, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. PGA West Vicinity Map 2. PGA West Private Clubhouse Expansion Submittal Packet 3. Water Feature Detail Sheet 4. Written Correspondence 5. Letter of Request for Continuance (from Applicant) 6. Planning Commission Staff Report 7. Minutes of September 22, 2009 Planning Commission Meeting 6 J -, �J CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 09-911, FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE CASE: SITE DEVELOPMENT PERMIT 09-911 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 151h day of December, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009 to consider a request by Pyramid Project Management, LLC for approval of architectural and landscaping plans for the remodel and expansion of the PGA West private clubhouse located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-220-003 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Site Development Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-030, recommending to the City Council approval of Site Development Permit 09-911; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 51h day of August, 2009, hold a public meeting to review and discuss architecture and landscape plans and although no 6;J4 City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 2 consensus was reached, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan The proposed site development permit is consistent with the La Quinta General Plan, as it proposes to remodel and expand an existing golf course ancillary building in an area which is General Plan -designated for LDR (Low Density Residential) development. Within the PGA West Specific Plan, golf course ancillary uses are an outright permitted use within the Low Density Residential land use. 2. Consistency with the Zoning Code and PGA West Specific Plan The proposed remodel and expansion, as conditioned, is consistent with the development standards of the City's Zoning Code and the PGA West Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The building is consistent with the La Quinta Zoning Map, as it proposes to expand a golf course ancillary use as part of an existing development which is General Plan -designated for RL (Low Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC and the PGA West Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83- 002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommended a Mitigated Negative Declaration of environmental impact be certified. 6J �J City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 3 4. Architectural Design The architectural design aspects of the proposed Private Clubhouse remodel and expansion provide interest through use of varied roof elements and colored roof tiles, enhanced building and facade treatments, and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. The Desert Territorial Modernism architecture and layout of the clubhouse expansion augment the existing clubhouse design and is compatible with the design of the Golf Villas proposed adjacent to the clubhouse while maintaining its general compatibility with the surrounding areas. The existing building is successful at sun shading with deep set roof overhangs for shade and uninterrupted panoramic views, and these design characteristics will be incorporated into the proposed expansion. 5. Site Design The site design aspects of the proposed Private Clubhouse remodel and expansion, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The expanded clubhouse areas are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed remodel and expansion. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. The project landscaping for the proposed Private Clubhouse expansion, as conditioned, shall unify and enhance visual continuity of the proposed community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species 61b City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 4 to blend with the building architecture and existing site landscaping conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby approve Site Development Permit 09- 911 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 151h day of December, 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 City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California W. 6 i8 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 GFNFRAI 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit 2009-91 1 shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Chapter 13 of the La Quinta Municipal Code ("LQMC"), and conditions of approval for Tentative Tract Map No. 36139, as applicable. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Site Development Permit shall expire on December 15, 2011, two years from the date of City Council approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Unified School District • Coachella Valley Water District (CVWD • Imperial Irrigation District (IID) 6 J,y CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 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 Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 610 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s)• 7. Approval of this Site Development Permit 2009-911 shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 11. The applicant shall retain for private use on the Final Map all private street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 13. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to PGA Boulevard from lots with frontage along PGA Boulevard is restricted, except for those access points identified on the Site Development Permit 2009-91 1, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 61„ CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 STREET AND TRAFFIC IMPROVEMENT 18. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 19. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flow line shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 20. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 11 PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 21. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive) 21. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 22. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS AND ACCESS POINTS 23. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: 61 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths where new parking lot configuration is proposed shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls where new parking lot configuration is proposed shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 24. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 25. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The 614 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 27. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 28. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 29. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site SDP 2009-911 Clubhouse Expansion Precise Grading Plan 1 " = 20' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMM SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Precise Grading Plan when it is submitted for plan checking. "Non -Residential Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements to include signing and striping, and ADA requirements. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 30. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 31. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 32. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. .... 616 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 33. Depending on the timing of the development of Tentative Tract Map No. 36139, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs.for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 5th Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 34. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. PRECISE GRADING 35. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 36. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 37. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24,170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 38. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 616 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 39. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 40. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 41. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 42. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 43. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 44. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The 619 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 data shall be organized by lot number, and listed cumulatively if submitted at different times. 45. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 46. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 47. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 49. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 117-2008-001 . A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration ,s.. 620 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTILITIES 50. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 51. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 54. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 55. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 56. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 57. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 58. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 59. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. The use of turf in proximity to hardscape throughout the project site shall be minimized in order to prevent irrigation overspray. 60. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 61. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 MAINTENANCE 62. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 63. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 64. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 65. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 66. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. SHERIFF'S DEPARTMENT 67. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 68. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 69. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC DECEMBER 15, 2009 height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 70. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground -mounted mechanical equipment. 71. All signs shall be approved under a separate sign permit/program application. 72. The applicant shall submit revised water feature plans that detail the design and construction of the various water features found throughout the clubhouse site. These plans shall be reviewed and approved by the Planning Commission as a business item prior to the issuance of any building permits for the Private Clubhouse expansion. wnY1N Q frv0lVDwZY1 'a IVATU aw0a9" HMOHUMD UVArd4l IS3M d`Jai ATTACHMENT i; 3 ©ML lip] 33 ATTACHMENT # 5 Attachment 5 Letter of request for Continuance (from Applicant) H O 7 E. i G R O U t' December 8, 2009 Ms, Terry Henderson Mayor Pro-Tem City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Environment Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907 Site Development Permit 2009-911 Dear Ms, Henderson, Pyramid Hotel Group has met several times with representatives of PGA West Master Association, neighbors and Club Membership, to discuss the issues outlined in the correspondence to the La Quinta City Council dated October 1, 2009 from the Master Association, and November 4, 2009 from Peters & Freedman, LLC, as well as numerous e-mails from interested persons. The meetings continue to be non -contentious and there is productive discussion and progress made in resolving the issues. We believe these concerns and issues can be resolved in a timely manner between Pyramid and the various groups. We respectfully request that our application be continued 90 days to the March 16, 2010, La Quinta City Council meeting, for your consideration in this matter. Senior Vice President Pyramid Hotel Group Cc: Jim Murphy — jimpgaw aol.com Jim Cox - kimiames.cox(a)verizon.net Steve Weiss - sweiss9vbbn.com Rob Bernheimer David Peters, Esq, Peters & Freedman, LLP 6 .- J ATTACHMENT 6 DATE: CASE NUMBERS: APPLICANT: REQUEST: LOCATION: ENVIRONMENTAL CONSIDERATION: GENERAL PLAN: ZONING: SURROUNDING LAND USES: PLANNING COMMISSION STAFF REPORT SEPTEMBER 22, 2009 SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC CONSIDERATION OF PLANS FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE 56-140 PGA BOULEVARD PGA WEST; WEST OF PGA BOULEVARD THE PLANNING DEPARTMENT HAS REVIEWED THIS PROJECT UNDER THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND HAS DETERMINED THAT THE PROJECT IS EXEMPT PURSUANT TO SECTION 15332 CLASS 32 OF .'THE CEQA GUIDELINES. THE PROJECT IS CONSISTENT WITH THE LA QUINTA GENERAL PLAN. AND ZONING ORDINANCE; CONSISTS OF A PROJECT SITE OF LESS THAN 5 ACRES; IS SUBSTANTIALLY SURROUNDED BY URBAN DEVELOPMENT; WILL HAVE NO SIGNIFICANT IMPACT ON HABITAT, AIR QUALITY, TRAFFIC, NOISE OR WATER RESOURCES; AND IS SERVED BY ADEQUATE SERVICES AND UTILITIES. LDR (LOW DENSITY RESIDENTIAL) RL (LOW DENSITY RESIDENTIAL) NORTH: RESIDENTIAL (TR 28259-1); GOLF COURSE SOUTH: PROPOSED PGA WEST GOLF VILLAS (TTM 36139) EAST: PGA BOULEVARD WEST: GOLF COURSE/DRIVING RANGE BACKGROUND PGA West, which is generallylocated between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,006 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, there are three golf course clubhouses within the PGA West community. The Norman Course Clubhouse is located within the Norman Course community on the east side of Madison Street. The Stadium. Clubhouse is located at the southern terminus of PGA Boulevard; which underwent an expansion in 2008. The applicant is proposing to remodel and expand the Palmer Private Clubhouse, which is located on an approximately 9-acre site on the west side of PGA Boulevard (Attachment 2). PROJECT.R.EQUEST Overview The PGA West Palmer Private Clubhouse is located off of and provided access via PGA Boulevard. A main entry drive leads from the street to the clubhouse courtyard. The proposed PGA West Golf Villas (SDP (08-907) is to be located south of the clubhouse area, with a number of tennis courts between the clubhouse and nearest residential property line. The.redesigned parking lot will provide access to the clubhouse as well as to the Villas. For this application, the applicant is requesting consideration of the structure, design, and associated landscaping plans for the expansion of the Private Clubhouse. The existing two-story Private Clubhouse is approximately 62,000 square feet, and includes dining, .locker room, and office facilities. The clubhouse is primarily surrounded by non-residential, recreational uses, with the closest residential property line located approximately 350 feet away from the northernmost extent of the expansion. The proposed 17,700 square foot expansion, which will bathe focus of this report, includes the construction of interior spa and fitness club facilities, two new pool facilities, and exterior patio areas (Attachment 2, Sheet 4). Clubhouse Expansion Included with this proposal are plans to expand the two-story, multi -use golf course clubhouse (Attachment 2, Sheet 9). The architectural -style of the clubhouse, as referred to by the applicant, is Desert Territorial Modernism, and includes use of pref)nished metal, colored concrete, stained woods, and ornamental metals 630 (Attachment 2, Sheet 9 - 13). The proposed clubhouse expansion plans. maintain the main entry drive leading from PGA Boulevard to a vehicular courtyard (Attachment 2, Sheet 5). A new entrance area leads from the courtyard to .the existing lobby of the clubhouse. Along the north and southern boundaries of the vehicular courtyard are new exterior loggias. North of the entrance lobby is the interior spa expansion (Attachment 2, Sheet 4). This expanded area includes a spa reception, additional locker areas, a number of massage rooms, and a waiting/recovery area. Outside of the spa expansion area is one of the new pool areas, which include a spa pool, water feature, fire pit, and sitting areas (Attachment 2, Sheet 15). To the south of the entrance lobby is the interior fitness club expansion (Attachment 2, Sheet 15). This new area; which will replace the existing fitness center in the Health and Racquet Club, includes additional retail amenities, a fitness area; a yoga room, a child care facility, and.a variety of office and storage spaces: In the area outside.of the fitness center expansionis the second new pool area. Similar to the other pool expansion, this southern pool area includes a pool, spa pool, and a sizeable seating area. At the rear, or western end of the clubhouse, the. expansion includes a small interior addition to the main dining area and an expansive new .outdoor terrace and pavilion area (Attachment 2, Sheet 14). As the clubhouse is situated on multiple grades and incorporates varying rooflines, the height of the building, including both existing _ and expanded areas, but not including the uninhabitable tower feature, averages approximately 35 feet in height at its highest ridgelines, measured from the lower grade level (west elevation) (Attachment 2, Sheet 11). The uninhabitable clock tower is approximately 45 feet in height, measured from the lower grade level (west elevation). in general, the expanded areas are the same height as the existing clubhouse; only the clock tower and front accent wall exceed the current building heights. The new clubhouse expansion totals approximately 17,700 square feet, bringing the total area of the clubhouse to approximately 79,500 square feet at the end of construction. Parking Lot The existing clubhouse parking lot is being redesigned as part of the clubhouse expansion. Currently, there are approximately 397 existing parking spaces at the Private Clubhouse. A total of 257 parking spaces, including eight (8) ADA parking spaces, are provided in the new lot (Attachment 2, Sheet 6). Accessible sidewalks lead _pedestrians from the parking lot to the main clubhouse entrance, two pool areas, and spa and fitness facility entrances. Although valet parking is available for special events, most.patrons are expected to.park their vehicle in the parking lot and walk to the clubhouse. 631 Landscaping The landscape plan for the clubhouse identifies a plant palette consisting of low- to moderate -water use trees and shrubs generally consistent with what is permitted in the PGA West Specific Plan. Landscaping throughout the clubhouse facility is plentiful, is designed to complement the architecture and layout of the building, and also suitably integrates into the existing landscaped areas. Mostly utilized around the clubhouse site are various palm trees and shrubs, with some areas of turf, which has been limited to landscape planters near the front of the clubhouse and an existing lawn area near the rear of the clubhouse. The existing palm trees located within the parking lot planters will remain. The applicant proposes the use of existing Date Palms and both California and Mexican fan Palms' (Attachment 2, Sheet 24). New trees on the palette include Palo Verdes, Desert Willows, and Hybrid Mesquites. A variety of small and large accent shrubs, Including Red Bird of Paradise, Desert Marigolds, and Trailing Lantalias, are proposed in the areas immediately surrounding the clubhouse and in the parking lot areas (Attachment 2, Sheet 32 — 38). The applicant is also proposing • landscape lighting at various locations throughout the project site (Attachment 2, Sheet .42 — 50). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. Walls, fences, and gates throughout the clubhouse site have several different design elements. Concrete masonry unit (CMU) retaining walls with stucco finishes, ranging from 4- to 14-feet in height, are prevalent throughout the clubhouse facilities. The applicant also proposes multiple water features throughout the project (Attachment 2, Sheet 5). The features range from smaller - scale features located at the main entrance to the building to larger -scale water features located at the automobile courtyard as well as at the rear of the clubhouse facilities (Attachment 3). ANALYSIS Clubhouse Staff finds that the overall architectural style and design of the proposed PGA West Palmer Private. Clubhouse expansion to be acceptable. Staff has no significant issues with the proposed interior expansion areas, the new exterior pool and patio areas, the redesigned parking lot, and the landscape palette, as they are appropriate_ and -well -designed. The Desert Territorial Modernism architecture and layout of the clubhouse expansion is for the most part compatible with the existing clubhouse design. The existing building provides reasonable solar control with deep set roof overhangs for shade and. uninterrupted panoramic views, and these design characteristics will be incorporated into the proposed expansion. Sustainable, or Green building construction elements do not appear to be a focus of the proposed remodel and expansion plans. Perking Lot Staff finds the design of the Private Clubhouse parking lot to be acceptable. .The parking lot is designed with a clear separation of vehicular and pedestrian circulation, and also provides sufficient solar shading via the existing mature palm trees. Additionally, the use of strategically -placed parking W lighting results in a safe and secure environment, whine having minimal negative visual impact on the surrounding areas. Based upon the La Quinta Municipal Code parking standards and observations of historical use, staff has determined that the 257 parking spaces for the clubhouse based upon the remodel and expansion plans will adequately serve the project. This .calculation includes the two private golf courses; dining, spa/fitness center and tennis uses. According to the applicant, operational observations have dictated that a good majority of clubhouse patrons, particularly golf and dining users, arrive at the Site using personal golf carts. An existing golf cart parking area exists on the ground level near the golf cart storage/golf staging area. This is frequently used by PGA West residents and is anticipated to see similar use after the remodel and expansion is complete. Therefore, staff believes that the proposed. 257 parking spaces will sufficiently accommodate the actual motor vehicle need for the PGA West Private Clubhouse. Landscaping In general, the. proposed landscape palette presented is acceptable: The assorted Species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed building expansion. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. Thorough use of shrubs and groundcover effectively screen the clubhouse service areas, parking areas, and other project aspects. SOme of the proposed water features are primary to the design of the clubhouse expansion. Such features can be permitted if they meet the City's water efficiency requirements and are approved as part of the project by the Planning Commission. Staff has provided a Condition of Approval pertaining to these features, requiring energy efficient pumps and staff review to ensure that there will be minimal water loss due to. splashing,. -evaporation; -etc.. The smaWscale water features located near the clubhouse entrance are appropriate in that their placement and scale are beneficial towards the pedestrian atmosphere. However, staff still has some concerns over the location, size, and necessity of the larger water features, as their size and location do not . promote pedestrian interactivity. Therefore, staff recommends the Planning Commission discuss the use and viability of the proposed .... 633 water features as part of the expansion. ALRC Review The Architecture and Landscape Review Committee, at its meeting of August 5, 2009, discussed Site Development Permit 09-911 (Attachment 6). No recommendation was made' to the Planning Commission as the Committee could .not agree on a variety of project topics, including the proposed architectural style, project compatibility, and water feature implementation. Committee Member Thoms was in support of the proposal. He did not see a problem with introducing a different type of architectural style in PGA West, and didn't have any concerns with the proposed parking and felt that there were plenty of elevation variations on the site plan. He strongly .recommended that the landscape architect keep the center vehicular courtyard area as simple as possible. Rather than a fountain or water feature, he suggested the use of a large scale tree specimen with contours which could become a unique feature identified with the clubhouse. Committee Member Rooker did not have any concerns regarding the clubhouse parking or the proposed water features. However, he did have some major concerns regarding the entry way courtyard and architecture. He was disappointed with the fact that there was no longer a porte cochere entry way. Also, he felt the proposed architectural design was extremely complicated in comparison to the existing style which was extremely simple, and did not find it complimentary. The following landscape -related Conditions of Approval, which were presented to the ALRC, are also recommended to Planning Commission for approval: 1. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quints Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing. hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 2. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or otherground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 3. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning „_. 634 Department, the applicant shall obtain the signatures of CVWD and the Riverside County .Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with these units. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 4. All signs shall be approved under a separate sign permit/program application. 5. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director.. They shall be included on -the final landscaping plans and in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. Environmental Review The Planning Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is exempt pursuant to section 15332 Class 32 of the CEQA guidelines. The project is consistent with the La Quinta General Plan and Zoning Ordinance; consists of a project site of less than 5 acres; is substantially surrounded by urban development; will have no significant impact on habitat, air quality, traffic, noise or water resources; and is served by adequate services and utilities. Public Notice This project was advertised in The Desert Sun newspaper on September 11, 2008, and mailed to all property owners within 500 feet of the site. To date, no comments have been received --from adjacent property owners. Any written comments received will be handed out at the Planning Commission hearing. FINDINGS Findings to recommend approval of this request can be made and are contained in 635 the attached Resolutions.. RECOMMENDATION 1. Adopt Planning Commission Resolution 2009- recommending to the City Council approval Site Development Permit 69-911, subject to. the attached F)hd'ings and Conditions of Approval. Planner Attachments: 1. PGA.West Vicinity Map 2. PGA West Palmer Private Clubhouse Submittal Packet I Water Feature Detail Sheet 4. Minutes of August 5, 2009 AIRC meeting 636 'ATTACHMENT 7 Planning Commission Minutes September 22, 2009 3. Change condition #76 to read: "The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site." 4. Change Condition #78 to read: "The community recreation building and associated recreation facilities (pool area/tennis courtsletc.) proposed on Lot 2 shall be completed prior to the issuance of the 301" building,permit within the Villas project." 5. Change condition #79 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." Unanimously approved. B. Site Development Permit 2009-911; a request by Pyramid Project Management, LLC for consideration of plans for the remodel and expansion of the PGA West private clubhouse located at 56-140 PGA Boulevard; PGA West; west of PGA Boulevard. Chairman Alderson opened the public hearing and asked for the staff report. Chairman Alderson prefaced the staff report by saying this was being presented by the same applicant and there had been a lot of discussion of some of the issues involved with this project which did ". J 1 Planning Commission Minutes September 22, 2009 not need to be repeated. The Commission is now fairly familiar with the project and would not have to go over the same points. He then asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning •Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked staff to identify the location of the clock tower. Staff pointed out its location. Chairman Alderson asked if staff had the same color concerns as they did on the previous project. Staff said no, but the question of color did come up at the ALRC so it could be a point of discussion for the Commission. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Ken Hoeppner showed a slide presentation regarding the clubhouse. He started with staff and ALRC's previous comments, some of which were regarding water features, at both the front entry and the rear of their proposal. Unlike the water feature introduced in the prior application, this water feature was truly interactive and a key part of their marketing and business model, at the Resort and at the clubhouse. It would be a great opportunity for wedding and group photos, and they would like to keep the water features, but they would certainly be aware of water conservation issues to minimize water usage. He also commented on their use of green building initiatives since this was an old building and needed updating. He discussed some of those updates. He also commented on access to the tennis courts which would be provided .by a walkway from the clubhouse to the tennis courts. At last there was the issue of architectural design in which they tried to introduce uniqueness and character to liven up the existing architecture at the clubhouse. They introduced some different materials and elevations and he showed slide renderings and perspectives of what the proposed clubhouse would look like. I...• 638 Planning Commission Minutes September 22, 2009 Chairman Alderson commented this was the first time the Commissioners had.seen the renderings as it was not in their packet. He then asked if the circular planter shown was existing. Mr. Hoeppner said that was approximately in the same location as the current drop off. Chairman Alderson then asked if that was an active water feature. Mr. Hoeppner said yes. Commissioner Quill asked if the blue designated area next to the entry was water. -Mr. Hoeppner said yes. Mr. Hoeppner went on with a slide presentation which showed some of the work previously done at the Stadium Course Clubhouse as well at the existing facility; at the private clubhouse, before and after. Commissioner Quill asked about the water features and Mr. Hoeppner pointed to one of the slides which showed a water wall. Chairman Alderson asked if that was the water feature Mr. Hoeppner r, referred to earlier, for photo opportunities. Mr. Hoeppner said yes. Commissioner Quill asked if it was similar in size and scope to the one in the present resort hotel courtyard. Mr. Hoeppner said it was a larger scale than that. Commissioner Quill asked about water usage in the front entry. Mr. Hoeppner said they recognized the sensitivity to water conservation and would try reuse and minimize water usage. Commissioner Alderson asked about the three circular water fountains noted on the plans. Mr. Hoeppner said the only water feature would be in the center, by the porte-cochere. The rest of the circular notations were landscape islands. He then explained where the rotunda would be and the water feature in the middle of the drive court, as well as the water around the palm trees, at each side of the entrance. Commissioner Weber asked which ones were new. Mr. Hoeppner said they were all new; except the center one replaced an existing one. Commissioner Quill said he liked the plans. 1.... 639 Planning Commission Minutes September 22, 2009 Commissioner Barrows commented on the various locations on water features. She the read Condition #59, which states: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. " She then noted there was grass shown right up to the curb contrary to this Condition. Commissioner Quill pointed out they were not public streets. Commissioner Barrows said regardless of that it would still create water runoff into the street or other surface. It would be a maintenance issue for the City if it were a public .street, but it still creates a condition where water is running off onto pavement and not being productive. She was concerned about that and the lack of information on the water features. She commented on the fact the Commission has been reviewing water features very carefully to ensure that the water source is recycled water she assumed that was the case. Mr. Hoeppner said he was assuming that. Commissioner Barrows said it was difficult to assess them without a complete presentation. Mr. Hoeppner said he understood. Chairman .Alderson asked about the landscape plans coming back to the Commission. Planning Director Johnson said the standard procedure was to have it go to the ARLC, and then be reviewed by the Planning Director. Chairman Alderson said the Commission could make a recommendation to review those plans since Commissioners Barrows and Quill had those concerns regarding the configuration, size and function of the water features. Staff responded the Commission could direct it to come back as a business item. Chairman Alderson said he did not think it was worth bringing back the entire project. Commissioner Quill clarified that he just wanted the water features brought back, as a general business item. Mr. Hoeppner said they could certainly accommodate that. 640 Planning Commission Minutes September 22, 2009 Commissioner Barrows said she thought it was a great looking building and didn't have any concerns about the architectural compatibility or colors. She did say the report contained comments regarding sustainable or green building construction elements which did not appear to be a focus of the proposed remodeling and expansion plans; however, the applicant's presentation stated they were a focus. She commented the City is encouraging green and sustainable building practices and asked if the client could give the Commission a little more information on their plans. Mr. Hoeppner explained his company's philosophy and the fact that California has will be adopting more strict building and energy codes. They would definitely be in compliance with that and would support incorporating those building codes into the project. Commissioner Barrows said the clubhouse addressed her concerns with regards to shading, but she did have a concern about landscaping and water runoff. Chairman Alderson asked the applicant if this could be addressed. Mr. Hoeppner said he believed so. Chairman Alderson asked if Commissioner Barrow's concerns could be covered in the landscape plans forthcoming. Mr. Hoeppner said he believed so and said they could look at decomposed granite (OG) and other kinds of alternate materials. Commissioner Barrows said a Jot of that had to do with the irrigation system. Mr. Hoeppner said that was correct. Commissioner Weber asked what shade fabric was to be used. Mr. Hoeppner said it would be Sunbrella. Commissioner Weber said he echoed the comments about energy efficiency and Title 24. He added that the City of La Quinta tried to go beyond that as energy and water efficiency is becoming more of a focus. He then commented on State requirements and the importance of water. He added, the water features needed to come back as a business item since the Commission had so many questions on those features. 641 Planning Commission Minutes September 22, 2009 Chairman Alderson commented on the fact that the applicant removed 140 parking stalls and asked if he was still in conformance. Mr. Hoeppner 'said yes. Chairman Alderson asked about the location of the turnaround versus the current driveway. Mr. Hoeppner referred to its location on the site plan. Chairman Alderson asked if the flow of the traffic would remain the same. Mr. Hoeppner said the front door is in exactly the same place. Chairman Alderson asked if they were able to save any of the large specimen palm trees. Mr. Hoeppner responded that was part of what their proposal included. Chairman Alderson asked if there was any public comment. Mr. Culver asked about various buildings, shown on the power point slides. Mr. Hoeppner pointed out what each building would be. Mr. Culver asked if, procedurally, this matter could be considered, since he received a notice about one public hearing item, but not the other. Chairman Alderson asked if they had been noticed on the same document. Staff responded both hearing notices were sent out. They did not know why -Mr. Culver received one and not the other, but said they had documentation representing the distribution. Mr. Culver commented on an earlier discussion regarding site pollution and said he was opposed to the 45 foot clock tower. He referred back to the (City Council) Eden Rock proceedings and the denial of their clock tower. He was shocked to see another proposal to put a clock tower in to block the view of the mountains and thought it should be eliminated here as it was incompatible with the surrounding architecture. He then commented on some of the pictures, the prominent position of the clock tower, and the relationship of the signature mountains behind it. He then urged the Commission to deny the clock tower. 64 Planning Commission Minutes September 22, 2009 Mr. Culver also inquired about.the shade structure on the terrace and asked if they would be included on the dining terrace. He also commented on the previously -raised issue of window shades and covers and wondered how extensive the shading would be and asked if there were any pictures included in the proposal. Chairman Alderson thanked Mr. Culver and said he appreciated his comments. He then asked if the applicant would like to address Mr. Culver's comments. Mr. Hoeppner said the shade structure was on the rear of the patio area just like the one.at the Stadium Clubhouse. Chairman Alderson asked if that was a dining area with individual seating and umbrellas. Mr. Hoeppner said no, it had a shade structure. Chairman Alderson asked if the applicant understood the concern and could deal with it. Mr. Hoeppner said yes. l Commissioner Quill said the clock tower looked no higher than the fireplace chimney. He asked how much taller the clock tower was than the top of the parapet. Mr. Hoeppner said he did not have the dimensions handy. Chairman Alderson said on the west elevation it appeared the clock tower was the same height as the building. Commissioner Quill said it looked like it is the same height as the parapet for the equipment. Mr. Hoeppner said it was about the same height of the building; or five feet higher in certain locations. Planning Director Johnson said, based on the information available, there is a one foot difference from the highest parapet point of the building. Mr. Culver said one of the pictures, he saw, showed very clearly that it was more than a foot. Mr. Hoeppner located the slide and said that was a perspective picture. Planning Commission Minutes September 22, 2009 Mr. Culver said people would look at that perspective and see the clock tower was more than a foot above. Mr. Hoeppner then explained about the slide showing perspective. Chairman Alderson said the dimension drawings do show the scale and that alleviated his concern. Mr. Culver asked if there was a clock on the clock tower. Planning Director Johnson offered to show Mr. Culver the plans which went into more detail. Chairman Alderson told Mr. Culver to see staff to review those plans. Mr. Culver said he had one more issue and that was to urge the Commission, and staff, to postpone this item until later in the season. Right now there were only 10% of the PGA West residents present and this should be presented later. He said, in other words, ask the Council to consider this in the winter season, when 90% of the PGA Residents could be present instead of trying to pass it through when there was virtually no one around. Chairman Alderson said it was so noted and thanked Mr. Culver for his comments. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber asked when this project would be presented to City Council. Staff said if the recommendation was brought forward this evening then this matter would go to Council on October 6, 2009. Commissioner Weber asked that this information be shared with Council and said the only other issue he had was regarding the standard utility comments. Commissioner Barrows commented the building might look better without a clock tower. She did not have any concerns about the architectural compatibility, as it was a good territorially -inclined modernization of the site. She did think the Commission should review the water feature, as a future business item, and commented on adding a recommendation about the lawn/water runoff issue. 644 Planning Commission Minutes September 22, 2009 Chairman Alderson asked staff if they address Commissioner Barrow's concerns on the landscape designs. Staff if it was the Commission's recommendation to Council, they would make sure it was clearly stated in their conditions. Chairman Alderson said Commissioner Barrow's comments and concerns should be shown on the landscape plans that were yet to be designed and brought before the Commission. Commissioner Barrows said that could be added as a condition. Commissioner Wilkinson asked if the clock tower was any different in height than the chimney, at the maximum height. Staff said there was approximately a one -foot height difference. Commissioner Wilkinson said he did not see a specific height listed for the chimney, but looked about the same height or lower. Commissioner Wilkinson commented on line -of -sight and the possibility the clock tower would probably not be seem as you drove ( in. He then commented on the proximity of the closest residents and pointed out the location on an aerial. He then said, after looking at those locations, he did not think that it blocked any views, or has any line -of -sight restrictions for any of the residents. Chairman Alderson agreed. There was no further discussion and it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2009-030 recommending approval of Site Development Permit 2009-911 with additional recommendation as follows: 1. Delete the following paragraph from Condition 33 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Condition #59 shall be amended to read: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no 545 Planning Commission Minutes September 22, 2009 lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. The use of turf in proximity to hardscape throughout the project site shall be minimized in order to prevent irrigation overspray." 3 Condition #70 shall be amended to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 4. Condition #72 shall be added to state: "Detailed description of water features shall be returned to the Planning Commission, as a Business Item, for approval, prior to any building permits being issued." Unanimously approved. 646