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2011 05 03 CC6T# 4 #adm 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, MAY 3, 2011 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2011-031 Ordinance No. 487 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON AND THOMAS P. GENOVESE, REGARDING NEGOTIATIONS WITH THE CITY OF LA QUINTA UNREPRESENTED EMPLOYEES: ACCOUNTING MANAGER, ASSISTANT CITY MANAGER -DEVELOPMENT SERVICES, ASSISTANT CITY MANAGER -MANAGEMENT SERVICES, BUILDING & SAFETY DIRECTOR, BUILDING & SAFETY MANAGER, EMERGENCY SERVICES COORDINATOR, EXECUTIVE ASSISTANT, EXECUTIVE OFFICE ASSISTANT, FINANCE CITY COUNCIL AGENDA 1 MAY 3, 2011 DIRECTOR, GOLF/PARK LANDSCAPE MANAGER, HUMAN RESOURCES/ RISK MANAGER, INFORMATION SERVICES ANALYST, MAINTENANCE MANAGER, MANAGEMENT ANALYST, MANAGEMENT ASSISTANT, PLANNING DIRECTOR, PLANNING MANAGER, PRINCIPAL ENGINEER, PRINCIPAL PLANNER, PUBLIC WORKS DIRECTOR, AND PUBLIC WORKS INSPECTION SUPERVISOR, PURSUANT TO GOVERNMENT CODE SECTION 54957.6 2. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND THOMAS P. GENOVESE REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 RECESS TO CLOSED SESSION AND TO REDEVELOPMENT AGENCY RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES APPROVAL OF MINUTES OF APRIL 19, 2011 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 MAY 3, 2011 000)U2 CITY COUNCIL AGENDA 2 MAY 3, 2011 2. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, INC. TO PROVIDE AMERICANS WITH DISABILITIES ACT ACCESS CONSULTANT SERVICES AND APPROPRIATION OF FUNDS FROM THE FIRE TAX CREDIT ACCOUNT 3. ADOPTION OF A RESOLUTION AUTHORIZING SUBMITTAL FOR GRANTS ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) 4. APPROPRIATION OF FIRE TAX CREDIT FUNDS FOR FIRE DEPARTMENT RELATED TRAFFIC SIGNAL PROJECTS 5. ACCEPTANCE OF AVENUE 50 WIDENING (EAST OF JEFFERSON STREET), AND APPROVAL OF CONTRACT CHANGE ORDER NO. 4 6. 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 BEING HELD MAY 22-25, 2011 7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. FOR CONTRACT CITY TRAFFIC ENGINEER SERVICES 8. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NUMBER 007-N REV-1 TO AGENCY -STATE AGREEMENT NUMBER 08-5433R FOR FEDERAL FUNDING TOWARD THE ADAMS STREET BRIDGE; AND AWARD OF CONTRACT TO CONSTRUCT THE ADAMS STREET BRIDGE IMPROVEMENTS, PROJECT 2006-06 9. APPROVAL OF THE RATIFICATION OF ACTIONS TAKEN TO REPAY THE REDEVELOPMENT AGENCY LOANS BUSINESS SESSION 1. CONSIDERATION OF THE 4T" QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 201 1-2012 A. MINUTE ORDER ACTION 000'ju3 CITY COUNCIL AGENDA 3 MAY 3, 2011 STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 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) DEPARTMENT REPORTS 1. CITY MANAGER - NONE 2. CITY ATTORNEY - NONE 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT A. GENERAL PLAN MONTHLY UPDATE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. 000'JA CITY COUNCIL AGENDA 4 MAY 3, 2011 znn p_ne_ PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1 . PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2007-105 AND SITE DEVELOPMENT PERMIT 2006-875 FOR AN APPROXIMATELY 234,450 SQUARE FOOT RETAIL AND MEDICAL OFFICE DEVELOPMENT ON APPROXIMATELY 25 ACRES LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P. A. RESOLUTION ACTIONS ADJOURNMENT The next regular meeting of the City Council will be held on May 17, 2011 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. CITY COUNCIL AGENDA 5 MAY 3, 2011 DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of May 3, 2011, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on of- ;?S 2-C)11 DATE . (W2$ 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 (24) hours in advance of the meeting and accommodations will be made. • If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. • If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. • Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 0006 CITY COUNCIL AGENDA 6 MAY 3, 2011 �.a•�Qir F V 5 �S OF THY'O COUNCIL/RDA MEETING DATE: May 3, 2011 ITEM TITLE: Demand Register Dated May 3, 2011 RECOMMENDATION: Approve Demand Register Dated May 3, 2011 BACKGROUND: Prepaid Warrants: 91524 - 91560} 91561} 91562 - 91590} Voids} Wire Transfers} P/R 36326 - 36333 P/R Tax Transfers} Payable Warrants: 91591 - 91719} FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA Demand of Cash - HA John M. Falconer, Finance Director 173,154.89 50.00 103,990.31 (2,727.13) 197,189.78 221,844.35 63,822.12 607,089.21 $1,364,413.53 $1,121,063.25 $243,350.28 $0.00 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 000JU 7 CITY OF LA QUINTA BANK TRANSACTIONS 4/13111 - 4126/11 4/15/11 WIRE TRANSFER -ICMA 4/15/11 WIRE TRANSFER -PERS 4/15/11 WIRE TRANSFER -LQCEA 4119/11 WIRE TRANSFER -TASC 4/19/11 WIRE TRANSFER - LANDMARK $15,948.25 $54,011.49 $160.00 $1,493.59 $125,576.45 TOTAL WIRE TRANSFER OUT $197,189.78 000 ) O O O O O O OP tilIlMmlllbObMOVbON O�?O�?bOYtVONm lfl O O Y O O O O O O Ob M OVlt1N mM01[I .+OmV N.yVVVmVVVNO.+N m o O Ur WZ l[1 1l1 N W b b Pb N I[I0 O0NNO.+aCobboml[1 o.yVNPMnPmm m �+ o bM 20 r n n n n o l[I oltlmbmbNblll .i N.+M Nb VI[IM bPM.yVb N rt1 U O N r r ,y ,r b b .y M M -a .y .+ .r N N x r ¢ ti O N rl v o i w r a q x x o 0 0 o d o w z o r U x r r > r r U W d r 6' r W W > d U W �•+ W W J Z O Ur O x O LLLL O U Z O Z O .� 0, d a r a x m a U' M N J LL q Q q JN U Z x Z O Z Zz z Z WO Z Z QO r� N W W N W 00 W UnUUrz NNNUUUUUUUUUUUUUUU W 0 W >N xd r 0 > U > > > >x»¢QdMMM»»»»»»»> > W > ON WHr Z > J rr Nd'NN3JLL###NNNNNNNNNNNNNNN x wM rzr J N J aQ Q rrr r d.+ �+U r \ O (9 (9 d'LLKd'MMMNNN p'd'd'd'd'd'd'd'K d'd'd'd'K d' N d\ Nr 2 x w W WWPPP WWWWWWWWWWWWWWW W av W. 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FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources Public Works Engineering Services Contract Services Account No. 101-7006-431.32-07 $75,000 Fiscal Year 2011-2012 allocation $25,000 Fire Tax Credit Account $ 5,785 Total Funding Available: $105,785 The following is the anticipated project budget: Contract amount Total: $105,785 $105,785 As illustrated, adequate funding will be available with the Fire Tax Credit appropriation. 000jaB CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The contract will provide investigation and identification of barriers to access, in order to compile an ADA transition plan for City leased and owned facilities as well as for the public rights -of -way according to Americans with Disabilities Act Accessibility Guidelines (ADAAG), the federal Public Rights of Way Access Advisory Committee Guidelines from the Federal Access Board (pending Department of Justice adoption), the California Manual on Uniform Traffic Control devices (CAMUTCD) and California Code of Regulations/Title 24. This transition plan is a requirement per the Title 24 of the California Code of Regulations, and also a pre -requisite for certain grants for state and/or federal funding on public works projects. The Caltrans Local Assistance Procedures Manual, Chapter 9, outlines the local agencies requirement to develop a transition plan or a schedule for achieving a plan as a pre -requisite for receiving US Department of Transportation federal financial assistance. For example, Caltrans/FHWA required the City to identify an ADA transition plan adoption date as part of its $10.2 million Highway Bridge Program (HBP) grant application. The plan will also be used for scoping and scheduling future capital projects in order to bring all city facilities and programs in compliance with current accessibility standards. Once the transition plan is adopted, however, the City may be eligible for grants to assist in this. The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, was followed. On January 18, 2011, the City Council approved a Request for Proposal (RFP) to obtain citywide ADA transition plan preparation services. The City received nine (9) proposals for ADA access consultant services on February 24, 2011. Following its evaluation of the proposals, the consultant selection committee elected to interview four of the nine firms. Following the interviews conducted on April 1, 2011, staff unanimously recommends Disability Access Consultants, Inc. be awarded a PSA (Attachment 1) to provide ADA access consultant services. Three fire stations are included in the facilities to be evaluated as part of the transition plan. An appropriation of $5,785 from the Fire Tax Credit account is being requested to fund a proportionate share of the costs of the plan. The County of Riverside has authorized the use of the Fire Tax Credit to pay these costs. OOOJ39 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a PSA with Disability Access Consultants, Inc., in the amount of $105,785, to provide ADA access consultant services, and authorize the City Manager to execute the agreement subject to minor revisions by the City Attorney and appropriate funds from the Fire Tax Credit Account; or 2. Do not approve a PSA with Disability Access Consultants, Inc., in the amount of $ 105,785, to provide ADA access consultant services, and do not authorize the City Manager to execute the agreement subject to minor revisions by the City Attorney and do not appropriate funds from the Fire Tax Credit Account; or 3. Provide staff with alternative direction. Respectfully submitted, AR. 4othy ss n P.E.l Public Works irect City Engineer Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 000,40 ATTACHMENT1 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 Disability Access Consultants, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to prepare an ADA transition plan for city leased and owned facilities and for the public rights -of - way, 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 existing there, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. 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, OOOJ41 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 ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed one hundred five thousand seven hundred eighty five dollars ($105,785) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation, Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, 000JI42 transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. 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 000j43 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. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on May 4, 2011 and terminate on November 4, 2011 (initial term). Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Barbara Thorpe It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal 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 principal may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In 000J44 addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 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-:Vl: 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) 000J45 Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable; arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 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 deferid. 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 written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 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. OOOJ46 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. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's. prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional 000v] insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. 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. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with, subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) 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. 11. 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. 12. 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, 13. 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. 1 1 � ,J 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21, 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 0Q0a,49 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 INDEMNIFICATION. 6.1 General Indemnification Provision. a. 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. b. 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. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will OOU:,;5O 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. a. 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 6.2(b). Notwithstanding Section 6.2(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 6.2(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. 7.0 RECORDS AND REPORTS. 7.1 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. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract OOOJ51 Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 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. 7.4 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. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 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. 8.2 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 OOOJ52 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 8.7. 8.3 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. 8.4 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. 8.5 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. 8.6 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. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 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 8.3. OOOJ53 8.8 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 8.2, 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 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing parry shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 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. 9.2 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. 9.3 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. 10.0 MISCELLANEOUS PROVISIONS 10.1 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. OOOJ54 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: Disability Access Consultants, Inc. Attention: Barbara Thorpe President/CEO 720 W. Cheyenne Ave., St. 220 North Las Vegas, NV 89030 10.2 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. 10.3 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. 10.4 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. 10.5 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: Date 000155 Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Disability Access Consultants, Inc. By: f l +( h Name: Barbara Thorpe Title: President/CEO Date: Z41 ill 000056 EXHIBIT A Americans with Disabilities Act (ADA) Access Consultant Services Scope of Work 4.0 Preliminary Scope of Services Disability Access Consultants, Inc. (DAC) proposes the following services and activities to meet the requirements of the City of La Quinta (City) request for proposal. Services follow the order and classification in the City of La Quinta Request for Proposal (RFP) for ease of review by the City. The scope of services is also divided into Alternative 1, Alternative 2 and Alternative 3 for continuity of review. 4.1 City Owned Facilities (Building and Safety Department) 4.1.1 DAC will inspect City owned facilities and applicable properties. DAC will collect detailed field information that will include, but is not limited to: a. California Building Code references b. ADA 2010 Standards c. Detailed cost estimates d. As -built dimensions e. Executive and cost summaries f. Digital photo documentation g. Reference drawings h. Define the facility as being post or pre 1992 i. Identify if the site has had major remodeling or renovations since July 26, 1992 4.1.2 DAC will produce a variety of Americans with Disability Act (ADA) Access Compliance Reports showing the same information and more than listed in 4.1.1. Access compliance reports that are generated from the DACTrak system also include priorities, projected dates, dates of completion, progress and other areas to assist the City with the management of their transition plan. 4.1.3 DAC will incorporate the information collected in the field into a completed transition plan with barriers addressed by levels of severity. a. Draft versions will be presented to the City at the 65% and 90% levels in addition to the final product. b. Copies will be available in the DACTrak accessibility management software and/or by hard copy in a binderformat for both draft and the final report. c. The reports will include the same level of detail found in 4.1.1 d. A portion of a sample transition plan is attached to this proposal as supplemental information. A portion of a transition plan that identifies recommendations and deficiencies is attached. Due to the size of most transition plans, only a portion of the plan is attached. A recent City Hall that was completed was 800 pages with photographs. Most of our clients manage their transition plans using the DACTrak software due to green standards and the ease of using software to manage the plan. Our DACTrak software is Structured Query Language (SQL) based and is compatible with the City's Windows Access Software. Thus, the City does not have separate software, but an enhancement that integrates with the current software. Information regarding 000057 the DACTrak software accessibility management system is included in the supplemental materials. 4.1.4 DAC will initially provide a proposed barrier removal plan that will become a "transition plan" when the proposed schedule for barrier removal includes dates of proposed barrier removal as identified in 4.1.4.1 (the City prioritizes the deficiencies that will be addressed in the next fiscal year). The City can also develop a multi -year implementation plan by projecting dates in the DACTrak software. 4.1.4.1 DAC will provide the City with the methodology to add the City prioritizations into the DACTrak software and assist the City with consultation and recommendations. DAC prefers the proposed methodology that the City proposes, instead of the consultant unilaterally applying priority levels and priorities. 4.1.4.2 DAC provides a proposed industry standard for costs in the reports and the DACTrak software. DACTrak allows for easy adjustment of costs to use City accepted unit costs. The City can also provide DAC with City accepted costs and DAC will enter the City costs into the DACTrak software. 4.1.4.3 DAC will work with the City's existing software to integrate the findings from the DACTrak software or integrate the software system to create corrective action line items for the City's software. 4.1.4.4 The City will have the methodology to update the DACTrak software program as work orders are completed. DAC will provide the training to update the ADA Transition Plan and print progress reports. A screen shot is included in the supplemental materials. 4.1.4.5 As the transition plan is updated, the DACTrak software and reports produced will include the priority and status of all deficiencies. A screen shot sample.is included. 4.1.5 DAC understands that the City currently is running Windows Access and that no additional software is required. DAC will integrate findings from DACTrak with the City's current software or provide a method for the DACTrak software to integrate with the City's software. 4.1.6 DAC will train designated City staff in the following areas: a. Applicable government code, statues and regulations b. Performing field investigations and inspections, including recommended tools for conducting surveys c. Preparation of ADA Compliance Assessment Reports d. Proper use and maintenance of the database e. Proper use and maintenance of the map f, Monitoring and updating the plan g. Recommendations for setting priorities h. Alternate specifications for accessible items and elements that will provide a cost savings i. An option that is available to the City is for DAC to train City staff to use the DACTrak pc tablet to conduct facility inspections. Following the facility inspection, the City inspector would export the findings wirelessly and a report would be available within minutes. DACTrak is web based software and provides the user with easy to use management features that are managed from the City's computer. In lieu of DAC completing the inspections, the City could be trained to complete the inspections, thus providing a cost savings and empowering City staff with the tool and the understanding to keep the City plan current following major remodeling or renovations or the addition of new facilities. 4.1.7 DAC proposes two alternatives: a. DAC can conduct the self evaluation for the City, or b. DAC can consult with the City's ADA Coordinator to complete the self -evaluation (DAC would provide sample public notices, grievance policies, reasonable accommodations notices and other required documents) for a significant cost savings. c. If DAC conducts the self -evaluation, DAC will review policies, procedures and practices to determine if any are discriminatory and make recommendations for revised policies, new policies and procedures as indicated. DAC will produce a document entitled "City of La Quinta ADA Self -Evaluation." 4.1.8 DAC will conduct an initial project kick-off meeting with selected City staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City facilities and identify key City personnel for follow-up interviews. Initial self -evaluation activities will be completed during this step. More specific activities will include: a. Information that is needed will be clarified at the initial orientation meeting. The initial meeting will also clarify proposed activities and provide a collaborative framework to discuss project strategies. DAC has found that at least one orientation meeting is needed to prepare a strategic project work plan. The project methodology is generally designed to develop a comprehensive plan without placing additional activities and impact upon City of La Quinta staff. b. Meet with the designated City officials to discuss the project scope, deliverables currently needed by the City, deliverables that may be needed by the City in the near future, discuss projected schedules and timelines, discuss cost saving methods, and review alternatives for compliance by the City. c. The methodology and approach to accomplish the proposed project activities will require ongoing communication with the City of La Quinta staff person appointed to coordinate this project. DAC will establish and maintain clear communication with the City of La Quinta contact person and designated individuals. DAC recommends one DAC contact person that will assist with the timely coordination of response and project activities and requests by the City. DAC will communicate with key City personnel about known physical obstacles and potential alternatives through reporting methods and ongoing communication. d. Specific methodologies and data collection will be clarified. Timelines and benchmarks will be developed. Operational and procedural requirements will be reviewed, such as coordination of schedules, name tags, project dates and other relevant information. e. The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. f. Project objectives will be clarified and elements that may be unique or of particular importance for the City of La Quinta will be discussed. Items such as community input and staff needs will be confirmed. 0 0 0'J V 1J g. Meet with designated City officials to identity and obtain information regarding City programs, services and activities and facilities to be utilized in the development of the Self -evaluation. h. Discussed proposed methods for public input, as required by the ADA. Methods may include surveys, public notice, public outreach meetings and other methods of input. I. Discuss hours of operation, schedules and City activities by location. j. Establish procedures, contacts and methods of communication for completion of the project. k. Establish project benchmarks and meet regularly with City officials or the designated contact. I. Review the City's previous and current compliance efforts and document compliance activities. Additional Activities A. DAC will assign Mike Boga, a certified access specialist, to serve as the Project Manager. Mike has ICC certification for usability, accessibility and plans review. He is also a certified playground specialist. B. In addition to items specified in 4.1.1, DAC,will: 1. Assess all areas for accessibility compliance in accordance with the California Building Code Title 24 and the ADA Standards. Reports will indicate if the item or element does not comply. The applicable code, whether CBC or ADA will be identified in the report. The assessment includes all exterior and interior accessibility items and elements from the public right of way. Items that come under the jurisdiction of Public Works will be indicated in the report. The following items and areas are included in the DAC site surveys, but are not limited to the following: a. Parking b. Curbs c. Curb ramps d. Entrances e. Passenger Loading Zones f. Crosswalks g. Paths of Travel h. Ramps i. Handrails I. Elevators k. Platform Lifts I. Stairs m. Doors n. Door hardware o. Visual & Audible Communications and Alarms p. Telecommunications Devices (TDD/TTY) q. Signage-Permanent and Directional 000I60 r. Restrooms s. Drinking Fountains t. Common use areas u. Employee break areas v. Meeting and conference rooms w. Locker Rooms x. Stadiums, playgrounds, outdoor areas y. Areas of Rescue Assistance 2. Designate barriers identified as either 'staff' or "public" areas and: a. Designate the related access chapter and section if the element is accessible b. Designate the related access chapter and section for the noncompliant item and element c. DAC will propose a solution or recommended method for barrier removal for compliance d. DAC, will provide a cost estimate for the noncompliant item or element in conjunction with a brief statement describing the work to be done to remove the barrier. C. DAC will classify each non -compliant accessible element into one of the following types: a. Type A- cost less than $5,000 b. Type B- cost between $5,001 to $15,000 c. Type C — cost in excess of $15,000 and may need different alternatives and/or a decision by the City Manager's Office. d. Type D — Historical register, eligible for the historical register or may be technically infeasible to alter D. DAC will develop and consult with the City regarding prioritizing the noncompliant accessible item and elements based on the magnitude of impact for persons with disabilities. Other criteria that may be utilized by the City include high use by individuals with disabilities and barriers that may present health and safety issues for all community members. E. DAC will provide a phased, multi -year implementation plan which will include a long-term schedule with cost estimates.for bringing each building and facility into compliance with the ADA and Title 24 of the California Building Code (CBC). The ADA states that if state standards provide a higher level of accessibility than the ADA, then the state standard will be applied. There are situations where the ADA standard provides a greater level of accessibility than the state standard. F. DAC will present findings from the field evaluations to the City Council, City staff and others as agreed upon. G. Assessments and reports will include a high degree of detail with photographs, code references, cost estimates. The DACTrak software will include additional detail, such as as -built dimensions, reference drawings, progress reports, additional prioritizations, and other custom reports. Reports will be delivered in a binder format, if requested. The DACTrak software provides an 000-161 easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. DACTrak also meets the "green" initiatives of the City. H. Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated costs for applicable will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize. I. Physical access problems that require structural solutions will be documented in the Transition Plan, The proposed method for removal will be provided. The transition plan will identify physical barriers that may limit accessibility of the City of La Quinta programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City of La Quinta. J. Identified barriers and obstacles will be prioritized. Use of the DACTrak software will provide the City with an additional tool to reprioritize items depending upon the unique and ongoing needs of the City and public comments during the public input process. Public and nonpublic areas will be identified. K. DAC is currently scoping to existing federal and states standards, but also collects actual field measurements that may change the implementation of the City's Transition plan if the new proposed ADA guidelines are approved by the Department of Justice. For example, areas within the City of La Quinta that may currently not be in compliance upon the completion of the initial inspections may become compliant in selected areas after the approval of the new ADA standards. It is anticipated that the proposed guidelines will be adopted during 2010. collecting data in accordance with the current and proposed standards is imperative to provide a cost savings to the City and potentially decrease identified barriers. For example, the proposed standards will allow a greater range of compliance in many areas, thus allowing the City of La Quinta to be in compliance in areas where the City may be out of compliance under the current standard. Public Rights -of -Way (Public Works Department) 5.1.1 DAC will inspect City owned facilities and applicable properties. Public rights -of -way will be inspected in accordance with the ADA Standards, the federal Public Rights of Way guidelines, the Federal Highway Administration's California Edition of the Manual on Uniform Traffic Control Devices (MUTCD) and CBC/Title 24. Our DACTrak intake software also includes GIS tracking information. . DAC will collect detailed field information that will include, but is not limited to a. California Building Code References b. ADA Standards (Current ADA Standards or 2010 Standards) c. Detailed Cost Estimates d. As -built Dimensions e. Executive and cost summaries f. Digital Photo Documentation g. Reference Drawings h. Define the pedestrian area is post or pre 1992 OOOJ62 5.1.2 DAC will produce a variety of ADA access compliance reports showing the same information and more than listed in 4.1.1. Access compliance reports for pedestrian and public rights -of -way that are generated from the DACTrak system also include priorities, projected dates, dates of completion, progress and other areas to assist the City with the management of theirtransition plan. 5.1.3 DAC will incorporate the information collected in the field into a completed transition plan with barriers addressed by levels of severity. a. Draft versions will be presented to the City at the 65% and 90% levels in addition to the final product. b. Copies will be available in the DACTrak accessibility management software and/or by hard copy in a binder format for both draft and the final report. c. The reports will include the same level of detail found in 4.1.1 d. A portion of a sample transition plan is attached to this proposal as supplemental information. A portion of a transition plan that identifies recommendations and deficiencies is attached. Due to the size of most transition plans, only a portion of the plan is attached. A recent City Hall that was completed was 800 pages with photographs. Most of our clients manage their transition .plans using the DACTrak software due to green standards and the ease of using software to manage the plan. Our DACTrak software is SQL based and is compatible with the City's Windows Access Software. Thus, the City does not have separate software, but an enhancement that integrates with the current software. Information regarding the DACTrak software accessibility management system is included in the supplemental materials. 5.1.4 DAC will initially provide a proposed pedestrian and public rights -of -way barrier removal plan that will become a "transition plan" when the proposed schedule for barrier removal includes dates of proposed barrier removal as identified in 4.1.4.1 (the City prioritizes the deficiencies that will be addressed in the next fiscal year). The City can also develop a multi -year implementation plan by projecting dates in the DACTrak software. 5.1.4.1 DAC will provide the City with the methodology to add the City prioritizations into the DACTrak software and assist the City with consultation and recommendations. DAC prefers the proposed methodology that the City proposes, instead of the consultant unilaterally applying priority levels and priorities. 5.1.4.2 DAC provides a proposed industry standard for costs in the reports and the DACTrak software. DACTrak allows for easy adjustment of costs to use City accepted unit costs. The City can also provide DAC with City accepted costs and DAC will enter the City costs into the DACTrak software. 5.1.4.3 DAC will work with the City's existing software to integrate the findings from the DACTrak software or integrate the software system to create corrective action line items for the City's software. 5.1.4.4 The City will have the methodology to update the DACTrak software program as work orders are completed. DAC will provide the training to update the ADA Transition Plan and print progress reports. A screen shot is included in the supplemental materials. 5.1.4.5 As the transition plan is updated, the DACTrak software and reports produced will include the priority and status of all deficiencies. A screen shot sample is included. OODU63 5.1.5 DAC understands that the City currently is running Windows Access and that no additional software is required. DAC will integrate findings from DACTrak with the City's current software or provide a method for the DACTrak software to integrate with the City's software. DAC also collects GIS/GPS information for sidewalks and pedestrian rights -of -way. DAC does not just use a tool or segway to survey the running slopes of a sidewalk with estimated changes in elevation, but provides an actual measurement of tripping hazards, changes in elevation, cross slope measurements, protruding objects, notations of utilities that may interfere with the path of travel and other pertinent sidewalk, streets, intersections, ramps, signalized intersections and transit stops. 5.1.6 DAC will train designated City staff in the following areas: a. Applicable government code, statues and regulations b. Performing field investigations and inspections, including recommended tools for conducting surveys c. Preparation of ADA Compliance Assessment Reports d. Proper use and maintenance of the database e. Proper use and maintenance of the map f. Monitoring and updating the plan g. Recommendations for setting priorities h. Alternate specifications for accessible items and elements that will provide a cost savings I. An option that is available to the City is for DAC to train City staff to use the DACTrak pc tablet to conduct facility inspections. Following the facility inspection, the City inspector would export the findings wirelessly and a report would be available within minutes. DACTrak is web based software and provides the user with easy to use management features that are managed from the City's computer. In lieu of DAC completing the inspections, the City could be trained to complete the inspections, thus providing a cost savings and empowering City staff with the tool and the understanding to keep the City plan current following major remodeling or renovations or the addition of new facilities. 5.1.7 DAC proposes two alternatives a. DAC can conduct the self evaluation for the City, or b. DAC can consult with the City's ADA Coordinator to complete the self -evaluation (DAC would provide sample public notices, grievance policies, reasonable accommodations notices and other required documents) for a significant cost savings. c. If DAC conducts the self -evaluation, DAC will review policies, procedures and practices to determine if any are discriminatory and make recommendations for revised policies, new policies and procedures as indicated. DAC will produce a document entitled "City of La Quinta ADA Self -Evaluation." 5.1.8 DAC will conduct an initial project kick-off meeting with selected City staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City facilities and identify key City personnel for follow-up interviews. Initial self -evaluation activities will be completed during this step. More specific activities will include: a. Information that is needed will be clarified at the initial orientation meeting. The initial meeting will also clarify proposed activities and provide a collaborative framework to discuss project strategies. DAC has found that at least one orientation meeting is needed to prepare a strategic project work plan. The project methodology is generally designed to develop a comprehensive plan without placing additional activities and impact upon City of La Quinta staff. OOOJ64 b. Meet with the designated City officials to discuss the project scope, deliverables currently needed by the City, deliverables that may be needed by the City in the near future, discuss projected schedules and timelines, discuss cost saving methods, and review alternatives for compliance by the City. c. The methodology and approach to accomplish the proposed project activities will require ongoing communication with the City of La Quinta staff person appointed to coordinate this project. DAC will establish and maintain clear communication with the City of La Quinta contact person and designated individuals. DAC recommends one DAC contact person that will assist with the timely coordination of response and project activities and requests by the City. DAC will communicate with key City personnel about known physical obstacles and potential alternatives through reporting methods and ongoing communication. d..Specific methodologies and data collection will be clarified. Timelines and benchmarks will be developed. Operational and procedural requirements will be reviewed, such as coordination of schedules, name tags, project dates and other relevant information. e. The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan: f. Project objectives will be clarified and elements that may be unique or of particular importance for the City of La Quinta will be discussed. Items such as community input and staff needs will be confirmed. g. Meet with designated City officials to identity and obtain information regarding. City programs, services and activities and facilities to be utilized in the development of the Self -evaluation. h. Discussed proposed methods for public input, as required by the ADA. Methods may include surveys, public notice, public outreach meetings and other methods of input. L Discuss hours of operation, schedules and City activities by location. j. Establish procedures, contacts and methods of communication for completion of the project. k. Establish project benchmarks and meet regularly with City officials or the designated contact. I. Review the City's previous and current compliance efforts and document compliance activities. OOOJ65 EXHIBIT B Americans with Disabilities Act (ADA) Access Consultant Services Fee Schedule Scope of Services 4.1 to 5.1.8 Team Member Task/Activity Scope Total Rate Costs Hours Project Manager Meetings with City, Coordination of 4.1.6 84 120.00 10,080 Tasks, Staff Training 4.1.8 5.1.8 Director of Schedule sites, provide project updates 4.1.6 32 65.00 2,080 Operations 4.1.8 5.1.6 Facility Facility Inspections/Coordination of 4.1.1 80 95.00 7,600 I nspection Team Team 4.1.6 Leader 5.1.1 5.1.4.1 Facility Facility Inspections/Public Works/Public 4.1.1 980 75.00 73,500 Inspectors rights -of way 5.1.1 to 5.1.5 Policy and Evaluation of Policies, Procedures, 4.1.8 65 120.00 7,800 Procedures Practices, Alternate Formats, 5.1.8 Specialist Communication Methods for Self - Evaluation; Development of Self - Evaluation; public input, public outreach Information Prepare software, deliver software, 4.1,5 15 No 0 Specialist DACTrak Training 5.1.4.3 charge Report editors Quality assurance 5.1 to 5.1.5 35 80.00 2,800 Clerical Production, printing (includes materials) 5.1 to 5.1.5 35 55.00 1,925 assistance TOTAL $105,785 Costs include all expenses. 000o66 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is One Hundred Five Thousand Seven Hundred Eighty Five Dollars ($105,785) ("Contract Sum"), The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. 000067 EXHIBIT C Americans with Disabilities Act (ADA) Access Consultant Services Tasks and Scheduling Transition Plan and Self -Evaluation Timelines are estimates and may vary due to weather, requests by the City for modifications and other factors. The start date may vary from the above chart pending approval by City Council. The project schedule will be coordinated to comply with the project timelines established by the City of La Quinta, but will be completed by October 2011. 0GOJ68 Exhibit D Special Requirements None. 000.969 COUNCIL/RDA MEETING DATE: May 3, 2011 ITEM TITLE: Adoption of a Resolution Authorizing Submittal for Grants Administered By the California Department of Resources Recycling and Recovery (CalRecycle) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Adopt a resolution for authorizing submittal for grants administered by the California Department of Resources Recycling and Recovery (CalRecycle). FISCAL IMPLICATIONS: 1►[e n CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 15, 2011, the City Council approved the submission of an application to CalRecycle to enhance the City's Household Hazardous Waste (HHW) Program. Staff submitted a joint application with the County of Riverside (County) to implement a curbside HHW program and expand the number of HHW events from one up to four. During the past years, the number of HHW single day events was reduced by the County due to the opening of the permanent HHW facility located in Palm Springs. This two-year funding (fiscal years 201 1-2012 and 2012-2013) will allow the City to improve the HHW program offered to La Quinta residents and decrease the HHW waste sent to landfills. The 19`h (Fiscal Year 2010-201 1) Cycle HHW grants are competitive grants made available by CalRecycle to help local governments establish or expand HHW collection programs. In addition to the grant application that was submitted by the April 15, 000 -10 2011 deadline, CalRecycle also requires a resolution from local governments as part of the application package that establishes support for grants approved by CalRecycle. The resolution included with this report is good for five (5) years and will serve for future grant application submissions to CalRecycle. It must be submitted by May 16, 2011. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution authorizing submittal for grants administered by CalRecycle; or 2. Do not adopt the resolution; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee Assistant City Manager -Management Services Approved for submission by: d Thomas P. Genovese, City Manager OOOJ 71 RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AUTHORIZING THE SUBMITTAL OF REGIONAL APPLICATION(S) ON BEHALF OF THE CITY OF LA QUINTA AS LEAD ENTITY TO CAL RECYCLE FOR ALL GRANTS FOR WHICH THE CITY AND ITS REGIONAL PARTNER(S), THE COUNTY OF RIVERSIDE, ARE ELIGIBLE AND AUTHORIZING THE CITY MANAGER TO SIGN ALL GRANT DOCUMENTS NECESSARY TO IMPLEMENT AND CLOSE-OUT THE GRANT(S) FOR A PERIOD OF FIVE YEARS WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs in furtherance of the State of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, Grant Application procedures require an Applicant's governing body to authorize by resolution its approval for submittal of the Grant Application(s) identified below, and the designation by job title of the individual authorized to execute all Grant documents on behalf of the City of La Quinta (City); and WHEREAS, if awarded, the City will enter into a Grant Agreement with CalRecycle for implementation of said Grant(s). NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the submittal of regional application(s) to CalRecycle for all grants for which the City is eligible. BE IT FURTHER RESOLVED that the regional grant application(s) will be submitted by the City as lead entity with its regional participants named in Exhibit A attached hereto; BE IT FURTHER RESOLVED that this authorization is effective for May 3, 2011 through May 3, 2016; time period not to exceed five (5) years from date of adoption; OOOJ72 Resolution No. 2011- Supporting Grants Administered by CalRecycle Adopted: May 3. 2011 Page 2 BE IT FURTHER RESOLVED that the City Manager is hereby authorized and empowered to execute in the name of the City of La Quinta all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and empowered to revise the list of regional participants attached hereto as Exhibit A to add or remove regional participants with each new application without the necessity of obtaining a new resolution. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting held this 3rd day of May, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California OOOJ 73 Resolution No. 2011- Supporting Grants Administered by CalRecycle Adopted: May 3, 2011 Page 3 (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 000074 Resolution No. 2011- Supporting Grants Administered by CalRecycle Adopted: May 3, 2011 Page 4 Exhibit A — List of Participants: County of Riverside 000J15 Tilf 4 4 auk& COUNCIL/RDA MEETING DATE: May 3, 2011 ITEM TITLE: Appropriation of Fire Tax Credit Funds for Fire Department Related Traffic Signal Projects RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A - STUDY SESSION: PUBLIC HEARING: Appropriate $20,624.50 in- Fire Tax Credit funds for Fire Department related construction and equipment traffic signal costs. FISCAL IMPLICATIONS: The following is the estimated construction and equipment costs based on vendor quotes (Attachment 1): Fire Station No. 93 new opticom and associated electrical work $ 5,329.90 Four (4) 721 Opticom Detectors $ 1,987.95 Four (4) Global 764 Multi Modal Phase Selectors $12,001.65 Four (4) Global 768 Auxiliary Panels $ 1,305.00 TOTAL $20,624.50 Adequate funding exists within the Fire Tax Credit account to support this request. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The existing radio controlled advance warning beacon activation system for Fire Station No. 93 on Adams Street does not function properly due to interference from existing structures such as the block wall adjacent to the fire station. County fire department employees and management have expressed a desire for an automated system that will operate as soon as the fire station doors are opened. 000::; 76 City staff has researched the issue and is able to install a system that will attach to the existing light pole adjacent to the fire station driveway. Additionally, staff has identified a need for additional equipment to keep the pre- emption operations functioning at the signalized intersections across the City. The equipment includes new opticom detectors and new phase selectors and auxiliary panels which allow the detector to communicate with the traffic signal controller. Staff recommends appropriating funds from the Fire Tax Credit account in order to make these improvements. �lil�]I��[�ye1►1�7e1��:T�I�IPI�� The alternatives available to the City Council include: 1. Appropriate $20,624.50 in Fire Tax Credit funds for Fire Department related construction and equipment traffic signal costs; or 2. Do not appropriate $20,624.50 in Fire Tax Credit funds for Fire Department related construction and equipment traffic signal costs; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R.Jonasson P.E. Public Works Director/City Engineer Approved for submission by: homas P. Genovese, City Manager Attachment: 1 . Vendor quotes for labor and equipment ATTACHMENT DDL TRAFFIC INC. 4677 Willowbend Court Chino Hills, Ca 91709 PH # 714-321-7513 FX # 909-606-2576 Name/Address CITY OF LA QUINTA PO BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92253 ph#760-777-7000/777-7155 DDL Traffic, z .oq QUOTE Date Estimate # 4/14/2011 2773 Rep Project DE Description Qty Cost Total 721 OPTICOM DETECTOR GLOBAL 764 MMPS GLOBAL 768 AUXILLARY PANEL FOR 700 SERIES MMPS THANKS, DAN 4 4 4 457.00 2,759.00 300.00 1,828.00T 11,036.00T 1,200.00T Subtotal $14,064.00 Sales Tax (8.75%) $1,230.60 Total $15,294.60 OOOJ 18 DDL TRAFFIC INC. 4677 Willowbend Court Chino Hills, Ca 91709 PH # 714-321-7513 FX # 909-606-2576 I Name / Address I CITY OF LA QU NTA PO BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CA 92253 ph#760-777-7000/777-7155 QUOTE Date Estimate # 2/4/2011 2629 Rep Project DE Description Qty Cost Total 752 OPTICOM 2 CHANNEL PHASE SELECTOR 1 1,759.00 1,759.00T 721 OPTICOM DETECTOR I 457.00 457.00T RTC Gate Control Panel 1 250.00 250.00T NEMA ENCLOSURE FOR GATE CONTROL 1 150.00 150.00T TECHNICAL SUPPORT 1 1,500.00 1,500.00 OPTICOM TO BE MOUNTED ON EXISTING STREET LIGHT POLE, THIS PRICE ASSUMES THERE IS A CONSTANT 120 VOLTS AT THE 10 FOOT LEVEL TO PROVIDE POWER FOR THE OPTICOM SYSTEM. THANKS, DAN Please call if you have any questions rJ 714-321-7513 Subtotal $4,116.00 Sales Tax (8.75%) $228.90 Total $4,344.90 000.; 9 BRUCE KRIBBS CONSTRUCTION 78-677 Saguaro Dr. La Quinta, CA. 92253 (760)285-6951 CA. Lie #556693 2-15-11 Quote # 5600 City of La Quinta Hector Guzman 78-495 Calle Tampico La Quinta, CA. 92253 (760)777-7052 Fax# (760) 777-7150 Provide separate 120 volt circuit from panel C in the meter room to the light pole right of the driveway at the Fire Station on Adams Street. 000080 Ti4f 4 4 a" COUNCIL/RDA MEETING DATE: Mav 3, 2011 ITEM TITLE: Acceptance of Avenue 50 Widening (East of Jefferson Street), Project No. 2010-14, and Approval of Contract Change Order No. 4 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Accept Avenue 50 Widening (East of Jefferson Street), Project No. 2010-14, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $17,678, thirty- five (35) days after the Notice of Completion is recorded; and approve Contract Change Order No. 4 (Attachment 1) and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 250,000 Amount Spent Through March 31, 2011 1$ 19,703) Remaining Anticipated Inspection, Testing & Survey Costs 1$ 15,000) Remaining Project Budget Amount Available $ 215,297 Revised Contract Amount ($176,776) Project Budget Amount Remaining After Construction Efforts $ 38,521 Original Construction Contract Amount $ 146,025 Contract Change Order No. 1-3 $ 4,805 Pending Contract Quantity Change Order No. 4 $ 25,946 New Contract Total $ 176,776 Amount Paid to Contractor to Date ($134,645) Total Remaining Fiscal Commitment to Contractor $ 42,131 Total Retention to be Released ($ 17,678) Contract Amount Remaining to be Billed by Contractor $ 24,453 000 81 Adequate funding is available to pay the contractor's remaining billing ($24,453) and retention ($17,678) for project closeout. CHARTER CITY IMPLICATIONS: The project was 100% funded with locally generated revenue, therefore, the project was not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements included the construction of approximately 1,600 feet of new eastbound travel lane on Avenue 50 east of Jefferson Street (Attachment 2), cold plane and overlay of 1,600 feet of existing travel lane, re -striping the intersection of Jefferson Street and Avenue 50, and signing and striping the widened Avenue 50. On February 15, 2011, the City Council approved a reimbursement agreement between the City of La Quinta and Goldenvoice, LLC, for the design and construction of the Avenue 50 improvements east of Jefferson Street subject to any minor revisions approved by the City Attorney and City Manager and authorized the City Manager to execute the agreement; approved plans, specifications and engineer's estimate and advertisement for bids for Avenue 50 improvements; and appropriated funding in the amount of $250,000 from transportation development impact fees. Goldenvoice is in the business of staging and promoting concerts and other events. Goldenvoice regularly schedules events to be held at the Empire Polo Club in the City of Indio, just outside of the City's eastern boundary. Re -occurring events at Empire Polo Club include the Coachella Valley Music and Arts Festival and the Stagecoach Festival. In addition to those events, Goldenvoice also held a third concert this year, a heavy metal rock concert known as The Big 4. This year, all three events took place on consecutive weekends in April and May at the Empire Polo Club. In past years, the Coachella and Stagecoach festivals have generated large audiences resulting in increased traffic congestion particularly on Avenue 50 and Jefferson Streets. With the addition of The Big 4 concert this year, which featured four very popular heavy metal bands, staff anticipated that there would be an even greater burden on the City's infrastructure and resources than in past years. On February 15, 2011, the agreement with Goldenvoice was executed, and in accordance therewith, Goldenvoice made the first payment of $90,000. On March 15, 2011, City Council awarded a contract for $146,025 to Cooley Construction, Inc., to construct the Avenue 50 Widening (East of Jefferson Street), Project No. 2010-14. 000D82 On March 21, 2011, a Notice to Proceed was issued with a thirteen (13) working day contract completion time starting March 23, 2011, and ending on April 8, 2010. The project was deemed substantially complete on April 1, 2011. As per project specifications Section 1500-3.2, no liquidated damages or early completion incentives are recommended. These improvements were constructed on Avenue 50 east of Jefferson Street just west of the Mountain View Estates entrance, which is approximately 2,000 feet east of Jefferson Street. Contract Change Order Nos. 1-3 allowed for the installation of curb and gutter, tree removal, and additional traffic control. Contract Change Order No.4 allowed for a contract quantity adjustment between the bid quantities and the actual quantities installed. In this case, the majority of the quantity increase was due to the need for an additional grind and overlay as it was determined in the field that the existing asphalt section was substandard and in need of removal and replacement to properly construct the new asphalt roadway. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the Avenue 50 Widening (East of Jefferson Street), Project No. 2010-14 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $17,678, thirty-five (35) days after the Notice of Completion is recorded; and approve Contract Change Order No. 4 and authorize the City Manager to execute the same; or 2. Do not accept Avenue 50 Widening (East of Jefferson Street), Project No. 2010-14 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $17,678, thirty-five (35) days after the Notice of Completion is recorded; and do not approve Contract Change Order No. 4; or 3. Provide staff with alternative direction. 000'J83 Respectfully submitted, 0Im othy R. Uo ass P.E. Public Works Direc r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Contract Change Order No. 4 2. Vicinity Map 000384 ATTACHMENT 'I T'df 4 4 a" Sheet l of 2 CONTRACT: Avenue 50 Widening (East of Jefferson Street) PROJECT NO. 2010-14 CONTRACTOR: Cooley Construction, Inc. 17525 Eucalyptus Street, Suite G Hesperia, Ca. 92345 CONTRACT CHANGE ORDER NO.4 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for an adjustment between the Bid Quantities and the Actual Quantities Installed Total $ 25.946.04 Previous Contract Amount Throu h CCO #3 $ 150,830.00 Add This ChanRe Order No. 4 $ 25,946.04 Revised Contract Total S 176,776.04 By reason of this contract change order the time of completion is adjusted as follows: -0- days added to contract time. The revised contract completion date shall be: 4/11/11 ****x*x************************x************xxxx*****x***x************xxx***x*xxx********* Submitted By: Date: Approved *****x***x********xx*************x******x********x**************x************************* We, the undersigned Contractor, havegiven careful consideration to the changeproposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Date: `% -/S—.2 I+ 000085 o k ® k/\r o..E 5J&a LL 0 S 00 (� ƒf S ) J a q@ a§ m! w e n a 8 4# 8 / ! 8 § w )n § \ƒ» N ® ® \ \ J } @ _ ; 8 8 e e a a = 0 \ ( m ` ° ] ( / \ \ / \ CD/ \ § ) 0 e 4 8 a \ } \ § i } \ \ .\ (a \ \ \ & ! CO a e _ / # \ ) $ ° E t { f ` � ) ! / ; ) d j \ \ ) ` \ \ \ \ f_ E | § ) OOOJ86 ATTACHMENT ^YITey . .. A. y WASHINGTON ST c JEFFERSnN c o�, 000787 T-itf 4 4 a" COUNCILIRDA MEETING DATE: May 3, 2011 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, Being Held May 22-25, 2011 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization of overnight travel for Mayor Don Adolph to attend the International Council of Shopping Centers Spring Conference known as RECon in Las Vegas, Nevada being held May 22-25, 2011. FISCAL IMPLICATIONS: The Fiscal Year 2010-2011 Budget has allocated funds for travel, training, and meetings for the City Council. Funds for this conference attendance are available in the Legislative Program's Travel, Training, and Meetings Account (#101-1001- 41 1.51). Expenditures for this conference are estimated as follows: Registration $ 450 Ground Transportation $ 310 Hotel $ 435 Meals $ 300 Total $1495 CHARTER CITY IMPLICATIONS: None. 000J88 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. The conference 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 Mayor Don Adolph to attend the International Council of Shopping Centers Spring Conference , known as RECon, in Las Vegas, Nevada being held May 22-25, 2011; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, I U�o�i 0 - - ham_ Wanda P. Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . 2011 RECon Conference Program OOOJ8g ATTACHMENT 1 Looking to the Future Focus on what lies ahead s:i C)5R has been the world's largest gathering of retail real estate professionals for the past half -century. In a class all its own, i iir:: =Y' sets the stage year after year providing the opportunity to network, make deals, form successful part- nerships, learn from industry experts and grow professionally. No other retail real estate convention attracts a worldwide audience of 30,000 attendees. RECon 2011; New Schedule, New Features, New Networking Opportunities, New Deals Leasing Mall: Meet with more than 1,000 of the world's leading developers, retailers, lenders, brokers and public officials. Trade Exposition and Green Zone: Discover the industry's latest and most innovative products and services. More Networking: Make and renew important business contacts. Educational Sessions and Workshops: Gain knowledge at 50 educational sessions and workshops to keep you informed on all the latest issues and trends. Expanded Special Interest Groups: Participate in forums with like-minded professionals who share the same interests and backgrounds. Meeting Point Pavilions: Stop by areas on show floor to meet, relax, grab some food and learn about the hottest trends and new projects in the industry. Each meeting point will highlight a specific sector of the industry. Global Retail Runway: Meet retailers that capture the imagination and dare to be different, bold and exciting. Learn about their business and expansion plans. Continuing Education Credits: Earn CE Credits to submit for professional license renewals. New Retail Concepts Pavilion: Visit the meeting point pavilion to learn the latest on retail trends and new concepts. 000in See for Yourself come to RECon 2011 Registration Fees How To Register ADVANCE ,oj+-sns There are three ways to register: ICSC Member` $450 S 600 Non -Member $950 $1,250 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 an ICSC member and save on the registration fee. For more Information, visit www.icsc.org or call +1 646 728 3800. Registration Fee Access to the Full Convention Program includes Sunday brunch, breakfast roundtables, two lunches, receptions, educational sessions, admission to the Leasing Mall, Trade Exposition, Green Zone and Design Trends. RECon Academy Separate registration fee required. Member: $50 per class Non -Member: $100 per class - For more information, visit www.icsc.org/2011RA. Introducing Education/Networking One -Day Pass Sunday, May 22 One -Day Pass: Participate in education and networking sessions. Member: Advance $175; On -Site $210 Non -Member: Advance $220; On -Site $265 Registration Deadlines Register and submit a photo by March 31, 2011 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 badges will be mailed at the end of April. March 31, 2011 Register and submit a photo by deadline to receive your convention badge in the mail. April 29, 2011 Deadline to pre -register before arriving in Las Vegas. Advance registrations will not be accepted after this date. May 21, 2011 Registrations will be accepted on -site in Las Vegas. All attendees and exhibitors are required to have an ICSC. issued color photo badge for access to the convention. To submit a photo, visit vrww.icsc.org/photo_instr.html Online: www.icscrecon.org Fax: 1 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, 2011 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, 2011. Discounts for Hotel and Travel Discounted Rates at Economy & Premium Hotels: Unprecedented low rates available at over 40 hotels rang- ing from $34-$269/night. Rates at the Las Vegas Hilton, adjacent to the Convention Center, are just $59-$155/night. Enjoy discounts of up to 60% off publicly offered rates. Group Hotel Bookings: Hold blocks of rooms for your company with just one phone call and enjoy discounted rates with no contracts or costly guarantees. ICSC Savings — Deals on Dining, Entertainment & More: Discounts available for group bookings help cut the cost of entertaining your clients in Las Vegas. Individual discounts also available for dining, leisure activities, transportation and more. For more information visit www.icscrecon.org and click on the Hotel/Travel link. For personal service, contact the ICSC Travel Desk at DePrez Travel toll free at +1 888 427 2885, internationally at +1 585 442 8900 or email icsctravelOdepreztravel.com. 4 Zfv QuiKr S y OF COUNCIL/RDA MEETING DATE: May 3, 201 1 ITEM TITLE: Approval of Professional Services Agreement with Traffex Engineers, Inc. for Contract City Traffic Engineer Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Professional Services Agreement (PSA) with Traffex Engineers, Inc. to provide contract city traffic engineer services from July 1, 2011 through June 30, 2012, for an amount not to exceed $156,600 (Attachment 1) and authorize the City Manager to execute the PSA. FISCAL IMPLICATIONS: The proposed Fiscal Year 2011-2012 budget contains $156,600 in account number 101-7006-431 .32-08 for contract city traffic engineer services. Under the proposed PSA with Traffex Engineers, Inc., Section 2.1 Contract Sum reflects a not to exceed amount of $156,600 for the initial term starting July 1, 2011 through June 30, 2012. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City's existing PSA with Traffex Engineers, Inc. for contract city traffic engineer services expires on June 30, 2011. The City and Consultant wish to enter into a PSA with an initial term of one year, commencing on July 1, 2011, with Traffex Engineers, Inc., which includes an option to extend the term for one additional year (extended term) upon mutual agreement by both parties. The City reserves the right to terminate the agreement at any time upon thirty (30) days' written notice to Consultant. OOOJ92 The consultant services selection process as defined in Resolution 2005-096 provides for a request for proposal (RFP) process or the renegotiation of existing consultant services agreement. Further, Resolution 2005-096 provides the procedures, rules and regulations that shall be applied to the selection of firms and award of contracts which are not subject to the formal bidding procedures prescribed in sections 3.32 of the La Quinta Municipal Code. The City of La Quinta has utilized the services of Nazir Lalani, of Traffex Engineers, Inc. for consultant traffic engineering services since 2003. Staff believes Mr. Lalani's intimate knowledge of the City's traffic operations would not likely be replicated in another traffic engineering firm and therefore recommends approval of this PSA without the time and expense of a formal RFP process. Traffex is not requesting an increase in fees for services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the PSA with Traffex Engineers, Inc. to provide contract city traffic engineer services from July 1, 2011 through June 30, 2012, for an amount not to exceed $156,600 and authorize the City Manager to execute the agreement; or 2. Do not approve the PSA with Traffex Engineers, Inc. to provide contract city traffic engineer services from July 1, 2011 through June 30, 2012,; or 3. Provide staff with alternative direction. Respectfully submitted, othytRaPublicWire or/City Engineer Approved for submission by: /om� s P. Genovese, City Manager 000D93 Attachment: 1 . Professional Services Agreement with Traffex Engineers Inc. for Contract City Traffic Engineer Services 000J94 ATi ACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Traffex Engineers, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Contract City Traffic Engineer Services, as. specified ,in the "Scope of Services". attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services" or "Work"). Consultant warrants that all Services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such Services. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement. .Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be.imposed by law and arise from or are necessary for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the Work to be performed, (b) it has investigated the site of the Work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Work should be performed, and (d) .it fully understands the facilities, difficulties and restrictions attending performance of the Work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from .those inherent in the Work or as represented by City, Consultant shall. immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work and Standard of Work. 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 may be asked to perform services in addition to those specified in the Scope of Services ("Additional Services"). Any such request to perform Additional Services shall be accomplished by a mutually agreed upon amendment to the Scope of Services, and shall not necessitate an amendment to this Agreement. when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Additional compensation for the requested Additional Services 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. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 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. 000996 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 On Hundred Fifty -Six Thousand Dollars ($156,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Consultant is responsible for payment of any reproduction costs, transportation expense, telephone expense, and similar costs and expenses associated with performance of the provisions of this Agreement. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional Services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the. Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless, prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall.submit to City no later than the tenth 00th) 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 Consultant employee who has provided Services and the number of hours assigned to each suchConsultant employee. 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 000')97 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. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this Agreement shall commence on July 1, 2011 and terminate on June 30, 2012 (Initial Term). This Initial Term may be extended for one (1) additional year upon mutual agreement by both parties (Extended Term). Unless earlier terminated in accordance with Sections 8.7 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Work specified herein and make all decisions in connection therewith: a. Nazir Lalani It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during 000,398 the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. The foregoing principal may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Assignment. The experience, knowledge, capability and reputation of Consultant, its principal and employees were a substantial inducement for City to enter into this Agreement. Accordingly, Consultant shall not assign any of the Services required hereunder, or delegate the performance of any of his duties hereunder, without the prior written consent 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 consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the Services required herein, except as otherwise set forth. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. . City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to Services to be. performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 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 OGOJ99 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) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 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 000100 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 written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 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. 5.3 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 000101 edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof. of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City, option. 8. 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. 000102 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) 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. 11. The City reserves the right at any time during the term of the Agreement 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. 12. 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. 13. 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. 14. 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. 000108 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 INDEMNIFICATION. 000104 6.1 General Indemnification Provision. a. 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. b. 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. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and . every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a 0001u5 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. a. 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 6.2(b). Notwithstanding Section 6.2(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 6.2(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. 7.0 RECORDS AND REPORTS. 000,06 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer progress reports concerning Consultant's performance of the Services required by this Agreement. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such Services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times during regular business hours, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 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, to the extent permitted by law, 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. 7.4 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. 8.0 ENFORCEMENT OF AGREEMENT. 8,1 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 000107 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, Stat of California, or any other appropriate court in such county, and Consultant covenonts and agrees to submit to the personal jurisdiction of such court in the event of s ch action. 8.2 Disputes. In ,the eI, injured party shall notify tF submitting a claim therefore obligations hereunder so long within ten (10) days of sery default within forty-five (45) c asmay be permitted by the immediate danger to the heal immediate action as City deen Section shall be a condition p and to any legal action, and E right to take legal action in tt nothing herein shall limit Cit Section 8.7. it of any dispute arising under this Agreement, the injuring party in writing of its contentions by The injured party shall continue performing its the injuring party commences to cure such default of such notice and completes the cure of such Is after service of the notice, or such longer period )ntract Officer; provided that if the default is an , safety and general welfare, City may take such warranted. Compliance with the provisions of this ;edent to termination of this Agreement for cause :h compliance shall not be a waiver of any party's event that the dispute is not cured, provided that right to terminate this Agreement pursuant to 8.3 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 dueto the default of Consultant in the performance of the Services required by this Agreement. 8.4 Waiver. No delay non defaulting party on ar construed as a waiver. Ci requiring City's consent or unnecessary City's consent Anywaiver by either party waiver of any other default Agreement. 8.5 Rights and Remedi remedies expressly declared remedies of the parties are ( more of such rights or remed different times, of any other default by the other party. 8.6 Legal Action. In a( may take legal action, at law omission in the exercise of any right or remedy of a default shall impair such right or remedy or be 's consent or approval of any act by Consultant gproval shall not be deemed to waive or render or approval of any subsequent act of Consultant. any default must be in writing and shall not be a oncerning the same or any other provision of this are Cumulative. Except with respect to rights and be exclusive in this Agreement, the rights and wlative and the exercise by either party of one or shall not preclude the exercise by it, at the same or hts or remedies for the same default or any other :ion to any other rights or remedies, either party at equity, to cure, correct or remedy any default, 000108 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. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement. City reserves the right to terminate this Agreement upon Consultant's default or failure to perform the duties or obligations imposed by the terms of this Contract, 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 8.3. City may, after compliance with the provisions of Section 8.2, 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 8.3. 8.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 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. 9.2 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 000109 give any third party any money or general consideration for obtaining this Agreement. 9.3 _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. 10.0 MISCELLANEOUS PROVISIONS 10.1 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: TRAFFEX ENGINEERS, INC. Attention: Nazir Lalani P.O.Box 5784 Ventura, California 93005-0784 10.2 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. 10.3 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. 10.4 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. 000110 10.5 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 O Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Traffex Engineers, Inc. By: Name: P(p2tV- LPrt(kN1 Title: Pte,f+;dcA- Date: Lk-`'SN %% Date 000111 EXHIBIT A Scope of Services Traffex Engineers, Inc. shall provide traffic engineering services for the City to include, but not be limited to, the following: 11 Assist City with preparation of an Annual Traffic Safety Report. 2) Identify and develop solutions for and advise City staff on addressing and responding to citizen requests. 3) Provide technical assistance for traffic signal design and day to day traffic operations. 4) Provide an initial response to citizen requests within one week from when the request was submitted to the City. 5) Review development plans including environmental impact reports and impact studies for potential traffic issues and advise City on possible solutions. 6) Review precise grading and public improvement plans for potential traffic issues and advise City on possible solutions. 7) Review all traffic control plans for construction projects and advise City on potential issues. 8) Attend City Council and Planning Commission meetings if requested. 9) Review traffic collision and other police reports and advise City staff on traffic issues involved. 10) Assist City's Associate Engineer and Traffic Signal Maintenance Technician with signal timing and signal communications, central computer signal system, data collection, report preparation and signal/striping plan layout and plan check. 11) Provide technical input to the Assistant Engineer assigned to the Traffic Division with signing and striping changes, issuing work orders to address citizen requests, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data and other work performed by the Traffic Division staff. 12) Review traffic plans for capital improvement projects and advise City on potential issues. 000112 13) Assist City with preparation of the Circulation Element of the General Plan Update and the Model 14) Assist City with completion of Capital Improvement Projects at Washington/Hwy 111, Washington/Avenue48, Washington/Eisenhower, Washington/Calle Tampico, Hwy 111/Depot Drive and Dune Palms/"A" Street Traffic Signal. 15) Assist City with implementation of synchronized signal timing plans for Eisenhower Drive/Adams Street/Avenue 48 corridors and connection of the same to the Aries System. 000113 EXHIBIT B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred and Fifty Six Thousand Dollars, ($156,000) except as specified in Section 1.6 - Additional Services of the Agreement. Schedule of Billing Rates Professional Staff Hourly Rates Principal (Registered Professional Engineer) $145.00 Upon receipt by City and under separate invoice the Consultant shall provide the traffic engineering support services at the following rates: Support Staff Hourly Rates Associate Engineer $100.00 Drafter/Technician $ 75.00 Secretary $ 50.00 000114 EXHIBIT C Schedule of Performance The Contract period for traffic engineering services shall be one year from the date of this Contract, unless extended by amendment by the City. 1. Complete draft of the Annual Safety Report by April 1 of each year. 2. Finalize Traffic Calming Program by June 30, 2012 and make any additions/revisions as requested by the Public Works Director/City Manager. 4. Develop new signal timing to synchronize the signals on Eisenhower Drive, Avenue 48 and Adams Street and connect the system to the City's Aries Central Computer System by January 1, 2012. 000115 Exhibit D Special Requirements None. 000116 COUNCIL/RDA MEETING DATE May 3, 201 1 ITEM TITLE: Approval of Program Supplemental Agreement Number 007-N Rev-1 to Agency -State Agreement Number 08-5433R for Federal Funding Toward the Adams Street Bridge; and Award a Contract to Construct the Adams Street Bridge Improvements, Proiect No. 2006-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: S STUDY SESSION: PUBLIC HEARING: Approve the Program Supplemental Agreement 007-N Rev-1 to Agency -State Agreement Number 08-5433R for Federal Funding toward the Adams Street Bridge Improvements and authorize the City Manager to execute the Agreement; award a contract in the amount of $8,287,990 to FTR International, Inc. to construct the Adams Street Bridge Improvements, Project No. 2006-06; and accept the pre - award contract audit performed for TY LIN International's construction management services contract prepared by independent auditor. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Transportation DIF $610,400 CVAG $2,014,035 APP Funds $200,000 Surface Transportation Funds (STP — Federal) $10,263,683 Total Funding Available: $13,088,118 Based upon the low bid, in the amount $8,287,990, the following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $1,100,000 $1,299,333 $8,287,990 $348,350 $2,052,445 $13,088,1 18 000117 The project is (partially funded with Surface Transportation Program (STP) funds through the State's Highway Bridge Program (HBP). The attached Program Supplemental Agreement No. 007-N Rev-1 (Attachment 1) provides an additional $9,456,775 of Federal funding toward the construction phase of the Adams Street Improvements. Following approval of the Agreement, the HBP will provide 88.53%, or up to $10,263,683, toward the proposed bridge spanning the Whitewater River on Adams Street. The remaining costs (11.47% local share) will be funded in part (up to 75% of local share) by the Coachella Valley Association of Governments (C:VAG). The City of La Quinta is responsible for the remaining 25% of the local share. In addition to the City's execution of the original agreement, the City Clerk will be required to provide a certified "Minute Order" that clearly identifies the project and the official authorized to execute the agreement. CHARTER CITY IMPLICATIONS: This project is partially funded with federal funds. As such, the project was advertised as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The purpose of the proposed improvements is to replace the existing low water crossing spanning the Whitewater River at Adams Street with an all-weather crossing (bridge). On November (3, 2007, the City Council authorized the City Manager to execute program supplemental agreement 007-N to agency -state agreement number 08- 5433R for federal funding toward the Adams Street Bridge Improvements, Project No. 2006-06. The program supplement agreement 007-N to agency -state agreement number 08-5433R provided $500,000 of Federal funding toward the preliminary engineering phase of the Adams Street Bridge Improvements, Project No. 2006-06. The HBP funding will be received in three phases. The first phase included the development of the project environmental document and preliminary engineer's report. The second phase included the preparation of the plans, specifications and engineer's estimate (PS&E). Caltrans approved federal funding, in the amount of $806,908, for the preparation of the PS&E on May 28, 2009. The third phase includes construction and construction engineering. Caltrans approved federal funding in the amount $9,456,775, for the construction and construction engineering phase on December 6, 2010, The December 6, 2010 funding approval authorized up to $10,263,683 of federal funds for use on the project. 000118 On February 3, 2010, the City of La Quinta and the Coachella Valley Association of Governments (CVAG) entered into an Agency Reimbursement Agreement for the development of the Adams Street Bridge Improvements. Among other things, the agreement provides for CVAG to reimburse the City for 75% of the local share of qualified project costs. The local share of the project is estimated at $2,685,380. CVAG will reimburse the City up to the not to exceed cost of $2,014,035. The City of La Quirita is responsible for the remaining 25% of the local share. On August 3, 2010, the City Council approved the PS&E and authorized staff to advertise for bid the Adams Street Bridge Improvements, Project No. 2006-06; and approved a Request for Proposal (RFP) for Construction Management (CM) Services for Adams Street Bridge, Project No 2006-06. Construction bids were due on April 7, 2011. On March 15, 2011, the City Council approved a Professional Services Agreement (PSA) with TY LIN International, in the amount of $1,299,333, contingent upon the successful completion of the Caltrans required pre -award audit, to provide CM Services for the Adams Street Bridge Improvements, Project No 2006-06, and authorized the City Manager to execute the agreement subject to minor revisions by the City Attorney. In accordance with the provisions presented within Chapter 10 of the Caltrans Local Assistance Procedures Manual (LAPM), the City of La Quinta's independent auditors performed a pre -award audit for the construction management services proposed by TY LIN International for the Adams Street Bridge Improvements. All findings have been successfully resolved. The independent accountants' report is attached for the City Council's consideration (Attachment 2). On April 7, 2011, ten (10) 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 3. FTR International, Inc. submitted the lowest responsive bid in the amount of $8.287.990. Contingent upon City Council's approval to award a construction contract to FTR International, Inc. on May 2, 2011, the following is the anticipated project schedule: City Council Awards Construction Sign Contracts and Mobilize Construction (18 Months) Project Closeout May 3, 2011 May 3 — May 31, 2011 June 2011 — November 2012 December 2012 — January 2013 000119 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Program Supplemental Agreement 007-N Rev-1 to Agency - State Agreement Number 08-5433R for Federal Funding toward the Adams Street Bridge Improvements and authorize the City Manager to execute the Agreement; and award a contract in the amount of $8,287,990 to FTR International, Inc. to construct the Adams Street Bridge Improvements, Project No 2006-06 and accept the pre -award contract audit performed for TY LIN International's construction management services contract prepared by independent auditor or 2. Do not approve the Program Supplemental Agreement 007-N Rev-1 to Agency-3tate Agreement Number 08-5433R for Federal Funding toward the Adams Street Bridge Improvements and do not authorize the City Manager to execute the Agreement; and do not award a contract in the amount of $8,287,990 to FTR International, Inc. to construct the Adams Street Bridge Improvements, Project No 2006-06 and do not accept the pre -award contract audit performed for TY LIN International's construction management services contract prepared by independent auditor; or 3. Provide :gaff with alternative direction. Respectfully submitted, dothy R J Hass P.E. Public Wor Dire r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Program Supplemental Agreement N007 Rev-1 2. Pre -award audit report - TY LIN International 3. Bid Comparison Summary 000120 ATTACHMENT 1 PROGRAM SUPPLEMENT NO. N007 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 08-5433R Date: December <27.20r0 Location: 06-RIV-0-LONT Project Number: BR-NBIL(503) E.A. Number: 08-925032 V7� iOOM­ Locode: 5433 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 12/ 18/06 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of .Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Adams Street over the Whitewater River. LWC #001-0032 TYPE OF WORK: 4-lane bridge over low water crossing LENGTH: 0.2(MILES) Estimated Cost $12,184,926.00 CITY OF LA QUINTA By Title Date Attest Federal Funds H120 $500,000.00 LOCAL L1C0 $306,908.00 LICE $97456,775.00 $1,921,243.00 Matching Funds OTHER $0.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: / Accounting Officer ^. Date „ ` ; t 310.263.683,OU Chapter Statutes Item Year Program BC Category Fund Source AMOUN'?" 000121 Program Supplement 08.5433R-N007-RI- ISTE Page I of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 012010) Paae..t._�1_ Claims Audits 12/2812010 08-0000-0927 3301 "C" Street, Rm 404 REQUISITION NUMBER t CONTRACT NUMBER: Sacramento. CA 95816 080000000295 FROM. Department of Transportation SUBJECT: Encumbrance Document VENDOR! LOCAL AGENCY: City of La Quinta CONTRACTAMOUNT'. $9,456,775.00 PROCUREMENT TYPE: Local Assistance ADA NOilt For individuals with sensory disabilities, this document is available In alternate formats. For information, call (915) 05440410 o1 TED (9 (3) -33N1 e, whim andFormsManagement, 1120 N. Street MS-89, Sacramento. CA 95814. 000122 08-RIV-0-LQNT 0110712011 BR-N BIL(503) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 3. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take ali necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et sec.). 4. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 5. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award or with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract, whichever is earlier. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual 6. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304. all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and 000123 Program Supplement 08-5433R-N007-R1- ISTE Page 2 of 3 08-RIV-0-LQNT BR-NBIL(503) SPECIAL COVENANTS OR REMARKS 01/07/2011 approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. T ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six. -month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 000124 Program Supplement 08-5433R-NO07-R1- ISTE Page 3 of 3 ATTACHMENT 2 CITY OF LA QUINTA Independent Accountant's Report on Applying Agreed -Upon Procedures OOU125 000 LSL000 "IN CERTIFIED PUBLIC ACCOUNTANTS Brandon W. Burrows. CPA • David E. Hale, CPA, CFP A Professional Corporation Donald G. Slater, CPA Richard K. Kikuchi, CPA u Susan F Matz, CPA Shelly K. Jackley, CPA r Bryan S. Gruber, CPA INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES To the Honorable Mayor and Members of City Council City of La Quinla, California We have performed the procedures enumerated below which were agreed to by the management of the City of La Quinta, California (City), solely to assist the City and Caltrans in performing the pre -award review for the cosUprice proposal submitted by TY Lin International (TY Lin) for the Adams Street Bridge, Project Number 2006-06. This engagement to apply agreed -upon procedures was performed in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures described below, either for the purpose for which this report has been requested, or for any other purpose. The procedures performed and the results obtained from the performance thereof were as follows: Procedure Performed: We reviewed the agreement between the City and TY Lin to determine if it specifically provides for the following: a. Specific performance period b. Three-year record retention period and right to audit c. Method of payment d. References to cost principles set forth in CFR 48, Chapter 1, Part 31 for allowability of individual items of cost and CFR 49, Part 18, for administrative procedures, Finding: No findings were noted as a result of the procedures performed. 2. Procedure Performed: We reviewed the cost/price proposal to verify that it included a breakdown of the estimate for performing the work and that it properly footed. Finding: After review of the cost proposal submitted to the City by TY Lin we noted that the one amount did not recalculate. The cost proposal states that MBI Media will be working on the project for a total of 40 hours at a rate of $145 per hour totaling $5,800. However, on the cost proposal the rate that MBI Media is calculated is $107 per hour totaling $4,280 a difference of $1,520, This miscalculation resulted in the total cost proposal being understated by $1,520. Also, we noted that the amount for other direct costs for EarthSpectives did not foot. The amount should have been $32,067, however the proposal states $32,000 resulting in a difference of $67. Procedure Performed: We reviewed TY Lin's internal control structure and verified that procedures are in place to accurately record, process, summarize and report contract and financial information and to ensure compliance with applicable laws and regulations. Finding: No findings were noted as a result of the procedures performed. 000126 Lance, Sell & Lunghard, LLP 203 North Brea Boulevard • Suite 203 • Brea, CA 92821 , TEL 714,672,0022 Fax: 714.672.0331 wwwAslcpas.cam 41185 Golden Gate Circle Suite 103 � Murrieta, CA 92562 • TEL: 951.304.2728 • Fax: 951.304.3940 LS 00 tENT IRFO T4LM ACCOOOTA 9t5 To the Honorable Mayor and Members of City Council City of La Quinta Page 2 4. Procedure Performed: We evaluated the cost/price data and compared them to the original source documents used to establish the proposal. Finding: No findings were noted as a result of the procedures performed. 5. Procedure Performed: We reviewed the information used for the prices of subcontractors on the cost/price proposal. All amounts were based on quotes obtained from the subcontractors. Finding: No findings were noted as a result of the procedures performed. 6. Procedure Performed: We performed ratio analysis on TY Lin's financial statements which included the net working capital ratio, the current ratio, and the quick ratio. Ratio analysis was performed using the audited financial statements for the years ended December 31, 2009. Finding: No findings were noted as a result of the procedures performed. Conclusion We were not engaged to, and did not conduct an audit, the objective of which would be the expression of an opinion on the specified elements, accounts or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to the City. This report is intended solely for the use of the City and the parties mentioned above, and is not intended to be, and should not be, used by anyone other than this specified party. 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FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -1 STUDY SESSION: PUBLIC HEARING: The fiscal implications of the early repayment of the Redevelopment Agency loans resulted in the following: A future reservation of $4,875,000 of in the General Fund, based on the results of an appraisal, for the purchase of 86.87 acres of land identified for private uses at SilverRock. These funds will be deposited into the Redevelopment Agency Capital Project Area No. 1 Fund, which may be appropriated for future projects. CHARTER CITY IMPLICATIONS: None. I YeCd 3H Y9111 P I 07e1 III WGIVA 4 :i,F/ I WITS On March 15, 2011, staff reported that the Project Area 1 loans had been paid off on February 28, 2011 as follows: RDA Debt Service Project Area No. 1 Loans Staff repaid all outstanding PA No. 1 loans on February 28, 2011 using available funds as follows: 111 Redevelop me nt Agency Project Area No. 1 Date Amount Balance Remaining Description February 1, 2011 February 28, 2011 $ 22,000,000.00 $ (22,000,000.00) $ - Paid from available resources In addition to the loan repayment, on March 15, 2011 staff reported that it had also established a Land Held for Resale at SilverRock Account in the General Fund to account for the future purchase of 86.95 acres of land identified for private use at SilverRock. The account had a current balance of zero, pending an appraisal which is in the process of being completed. Ratification Requested - $4,875,000 - The appraisal has been completed by Capital Reality Analysts and they have determined that the purchase price that the General Fund will pay to the Redevelopment Agency is $4,875,000 for 86.87 acres of land, which is slightly less than the March 15, 2011 reported acreage. The General Fund resources to purchase this property will come from available General Fund unallocated reserves. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve -the Ratification of Actions Taken to Repay the Redevelopment Agency Loans; or 2. Do not approve the Ratification of Actions Taken to Repay the Redevelopment Agency Loans; or 3. Provide staff with alternative direction. Respectfully submitted, Nrfm �t 4—W-A-- John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager 000137 COUNCIL/RDA MEETING DATE: May 3, 2011 ITEM TITLE: Consideration of 4`h Quarter Community Services Grants and Funding Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: An Ad Hoc Committee received $30,300 in requests for consideration. The Committee is recommending funding up to $5,500 from the $45,275 funds available leaving $39,775 in the Special Project Contingency account (101-3001,- 451.80-01) for additional consideration. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: An Ad Hoc Committee, comprised of Council Members Henderson and Evans, reviewed seven grant applications from various local organizations. The Grant Guidelines indicate only non-profit organizations are eligible and are limited to $5,000 in funding. Grant recipients cannot receive consecutive fiscal year funding as stated in the: City of La Quinta Grant Guidelines (Attachment 1). The exception to consecutive fiscal year funding is for requests for City facility rental fees by non- profit organizations. A summary of all previous Community Services Grant Funding requests and amounts awarded in Fiscal Year 2010-2011 is provided as Attachment 2. The following table summarizes the requests and Ad Hoc Committee's recommendation for this 4t' quarter: OOU1A Applicant Applied Committee's Recommendation Palm Springs Cultural Center, Certified Farmer's Market at Old Town La Quinta $5,000 $3,500 La Quinta High School Softball Booster Club $2,000 $1,000 CASA for Riverside County, Inc. $5,000 $1,000 OperaArts $3,500 $0 Eisenhower Medical Center — Forensic Program $5,000 $0 First Book — East Coachella Valley c/o First Book $5,000 $0 Desert Longhorns Baseball $4,800 $0 Total $30,300 $5,500 Recommended Grant Requests: Of the seven submitted grant requests, the Ad Hoc Committee has chosen to recommend three of these grant requests for City Council's consideration: 1. Palm Springs Cultural Center, Certified Farmer's Market at Old Town La Quinta (Attachment 3). The Palm Springs Cultural Center is requesting $5,000 to assist with a portion of direct costs associated with operating and managing a Farmers Market in Old Town La Quinta. Direct costs would include such things as paying for weekly ads in The Desert Sun and La Quinta Sun for eight months, purchasing recyclable paper bags for patrons, health permits and licenses, and public relations costs. All funding and revenues secured for and by the La Quinta Farmers Market would be used solely for maintaining and enhancing the La Quinta Farmers Market. This organization was last funded $3,500 in Fiscal Year 2008-2009. The Ad Hoc Committee recommended funding $3,500. 2. La Quinta High School Softball Booster Club (Attachment 4). The La Quinta High School Softball Booster Club is requesting $2,000 to purchase uniforms and field equipment and pay for transportation. One of the booster club's goals is to purchase one new full set of uniforms for one team of 16 players. Equipment needed includes pitching machine balls, game balls, new bases, batting helmets, and catcher's gear. Funds would also be used to pay for transportation to and from out of town tournaments or to away CIF games. This organization was last funded $2,000 in Fiscal Year 2007-2008. The Ad Hoc Committee recommended funding $1,000. 3. CASA for Riverside County, Inc. (Attachment 5). CASA for Riverside County is requesting $5,000 to sponsor children who have been removed from their homes due to abuse, neglect, and abandonment and have been placed in foster homes. Last year, there were ten children removed from their homes in La Quinta and placed in foster care. This funding would supplement the salary of a Case Supervisor providing advocacy for La Quinta foster children. This organization was last funded $1,000 in Fiscal Year 2008-2009. The Ad Hoc Committee recommended funding $1,000. 000139 Grant Requests not recommended for funding and/or did not meet the criteria in the Grant Guidelines include: 1. OperaArts (Attachment 6). OperaArts is 'requesting $3,500 to create a musical performance event for the City of La Quinta. OperaArts' goal is to present quality musical performances, with emphasis on Opera and operetta, accompanied by high quality visual arts and art experiences. The event they are proposing would be in October, and it would have a Halloween theme such as "Devils, Demons, and Divas." Music selected would be from Operas like Don Giovanni, Orpheus in the Underworld, Faust, and Phantom of the Opera. The event would be free to the public. This organization has never been funded. 2. Eisenhower Medical Center — Forensic Performance (Attachment 7). Eisenhower Medical Center is requesting $5,000 to further enhance the safety and care of sexual assault victims by providing scholarship opportunities to nurses seeking further education in the area of sexual assault assistance through the Eisenhower Sexual Assault Response Team (SART) program. Additionally, funds received will help in the purchase of medical equipment especially designed for the SART program. This organization was last funded $1,000 in Fiscal Year 2008-2009 for their Diabetes Club. 3. First Book — East Coachella Valley c/o First Book (Attachment 8). First Book of East Coachella Valley is requesting $5,000 to continue to provide books to children from low-income families. The books provided through First Book are for the children to take home and keep as their own. These funds will enable Las Palmitas Elementary School to obtain six (6) books for every second, third, and fourth grade child in the 2011 -2012 school year. This organization has never been funded. 4. Desert Longhorns Baseball (Attachment 9). Desert Longhorns Baseball is requesting $4,800 to cover the cost of travel and accommodations for four team players who live in La Quinta to go to Cooperstown, New York to compete in the National Championship this summer. Airline tickets are approximately $500 per player and lodging is approximately $700 per player. The Desert Longhorns are a Coachella Valley travel baseball team. This team was last funded $1,000 in Fiscal Year 2008-2009. 000140 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve funding for one or more of the following organizations: Palm Springs Cultural Center, Certified Farmer's Market at Old Town La Quinta in the amount of $3,500; La Quinta High School Softball Booster Club in the amount of $1,000; CASA for Riverside County, Inc. in the amount of $1,000. 2. Do not approve funding for one or more of the following organizations: Palm Springs Cultural Center, Certified Farmer's Market at Old Town La Quinta in the amount of $3,500; La Quinta High School Softball Booster Club in the amount of $1,000; CASA for Riverside County, Inc. in the amount of $1,000. 3. Provide staff with alternative direction. Respect ully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Grant Guidelines 2. 2010-201 1 Community Services Grant Awards 3. Palm Springs Cultural Center, Certified Farmer's Market at Old Town La Quinta 4. La Quinta High School Softball Booster Club 5. CASA for Riverside County, Inc. 6. OperaArts 7. Eisenhower Medical Center — Forensic Performance 8. First Book — East Coachella Valley c/o First Book 9. Desert Longhorns Baseball 000141 ATTACHMENT 1 aubtraj `y OFT' GRANT GUIDELINES The City of La Quinta offers the Grant Program for Community Services Support and Economic Development/Marketing and Sponsorships. Community Services Grants go to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Economic Development Grants go to organizations that will help strengthen the business community of Lei Quinta. Marketing and Sponsorship Grants go to organizations that would benefit the City of La Quinta in a marketing capacity. Individuals are not eligible for funding through the City of La Quinta Grant Program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next fiscal year. Requests are limited to an amount not to exceed $5,000. A second tier is available for Economic Development/Marketing requests above $5,000 (submission of a detailed marketing/media plan is required in connection with these requests). La Quinta service organizations may request funds to be applied directly to rental fees for City facilities for consecutive years without the $5,000 funding limit. Completed grant applications will be initially reviewed by a designated Grant Review Committee who will then recommend consideration of approved grants to City Council. For Economic Development/Marketing requests above $5,000, an in depth review will be conducted by the La Quinta Marketing Committee. Applications are due three weeks before the scheduled City Council meeting. Applicants will be informed 1-2 weeks prior to the City Council meeting regarding the status of their request. Typed applications are preferred. Incomplete applications will be returned to the applicant. Organizations requesting "seed" money are required to obtain matching funds from other sources in the same fiscal year before Community Service Grant funds will be released. For more information on the City of La Quinta Grant program, please contact the Community Services Department at (760) 777-7090. 000142 2010-2011 COMMUNITY SERVICES GRANT AWARDS ATTACHMENT 2 Available Funding for Grants $100,000 DATE ORGANIZATION AMOUNT REQUESTED AMOUNT FUNDED 9/21/2010 ACT for MS $5,000 $0 9/21/2010 Animal Samaritans SPCA Inc. $5,000 $0 9/21/2010 Benjamin Franklin Elementary PE Division $3,000 $2,500 9/21/2010 Boys & Girls Club of Coachella Valley $5,000 $5,000 9/21/2010 Family YMCA of the Desert $5,000 $5,000 9/21/2010 First Composite Group Association $3,500 $0 9/21/2010 La Quinta Chamber of Commerce $12,000 $12,000 9/21/2010 La Quinta High School Boys Soccer Team $3,900 $2,000 9/21/2010 McCallum Theatre $5,000 $0 9/21/2010 Osher Lifelong Learning Institute $2,700 $2,700 9/21/2010 Palm Springs Cultural Center $5,000 $0 9/21/2010 Soroptimist Internation of La Quinta $5,025 $5,025 9/21/2010 Stroke Recovery Center $5,000 $0 9/21/2010 Tools for Tomorrow $5,000 $2,000 12/7/2010 ACT for MS $5,000 $2,000 12/7/2010 Animal Samaritans SPCA Inc. $5,000 $5,000 12/7/2010 First Composite Group Association $3,500 $2,000 12/7/2010 KASEI (Keeping Animals Safe Everday) $5,000 $1,000 12/7/2010 La Quinta High School Blackhawk Forensics $2,000 $1,000 12/7/2010 La Quinta High School Girls Basketball Booster Club $2,000 $1,000 12/7/2010 McCallum Theatre $5,000 $1,000 12/7/2010 Ranch Recovery Centers, Inc. $5,000 $1,000 12/7/2010 SOS "Soldiers Organized Services" $10,000 $1,000 12/7/2010 Stroke Recovery Center $5,000 $1,000 2/15/2011 Desert Valley All Star Mavericks $5,000 $0 2/15/2011 Fellowship of Christian Athletes $5,000 $0 2/15/2011 Palm Desert Middle School Band Boosters $2,500 $2,500 5/3/2011 CASA for Riverside County, Inc $5,000 5/3/2011 Desert Longhorns Baseball $4,800 5/3/2011 Eisenhower Medical Center Forensic Program $5,000 5/3/2011 First (Book - East Coachella Valley $5,000 5/3/2011 La Quinta High School Softball Booster Club $2,000 5/3/2011 OperaArts $3,500 5/3/2011 Palm Springs Cultural Center $5,000 TOTAL DISTRIBUTED FUNDS $54,725 REMAINING BALANCE IN SPECIAL PROJECT CONTINGENCY ACCOUNT $45,275 000143 ATTACHMENT 3 GRANT APPLICATION FISCAL YEAR 2010-2011 Name of Organization: Palm Springs Cultural Center, Certified Farmers Market at Old Town La Quinta Amount Requested: $5000.00 Contact Person: Scott Crisman, Secretary, Palm Springs Cultural Center Paul Palodichuk, Manager Certified Farmers' Markets Mailing Address: 2.100 E Tahquitz Canyon Way City: Palm Springs State: CA Zip Code: 92262 Home Telephone: '760'898.5250 (also market line) Work Telephone: 760325.2582 E-mail Address: cfin@psculturatcenter.org 501 (c) 3 Taxpayer I.D. Number: 55-0914693 Date Application Submitted: April 7, 2011 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 000144 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: XXXX Community Services Support Economic Development/Marketing and Sponsorships 1. What is the overall purpose or goal of your Organization? The Cultural Center seeks to improve the life and well-being of those who live in the Coachella Valley, by enhancing their access to aspects of culture, through films and access to healthy food. We seek to do so by identifying and nurturing those ideas, activities and other organizations that work toward expanding community outreach, enhancing nutritional instruction, creating climates of diversity, promoting sustainability, establishing stress -free community gathering places, assisting local school programs with healthier eating options and culinary/garden programs, and offering enjoyment, scholarships and education through live entertainment and films. 2. How long has your Organization been in existence? FOUR Years ELEVEN Months 3. Describe in general the activities or services of your Organization: The Cultural Center has focused its activities in two principal areas: We believe that access to food, particularly that which is fresh, local and organically grown (where possible), is a central aspect of culture here and elsewhere. Such access is a priority for many living in the Valley in recognition of which we are proud to support three Certified Farmers' Markets (CFM) in Old Town La Quints (opened November 2008), in Palm Springs (since January 2008), and Palm Desert (opened February 2009). OLD TOWN CFM: The Center is the proud sponsor of the Certified Farmers' Market in Old Town La Quinta, held each Sunday from 8 am to 12:30 pm, just down the road from La Quints Civic Center. It is a seasonal market running from late September to the end of May. The market is in its third season in the City of La Quinta. The market was opened in 2008 in response to requests from community residents and civic leaders. This market has worked to improve access to fresh, local, all California grown wholesome food, support sustainability, and it has become a community gathering place for La Quinta, Coachella Valley, snowbird and tourist citizens alike. Food education and instruction is offered by local, mainly La Quinta chefs, who partner with the market to educate patrons on the use of fresh ingredients, cooking techniques, and seasonality of produce. Live music from local musicians is also scheduled for patrons' enjoyment adding to the sense of community. The CFM is a very social event, with adults, seniors and many children in attendance. 000145 The designation `Certified' is the gold standard for such markets, recognized by 1977 California legislation declaring that for such markets, only agricultural products grown by the farmers participating in the markets may be displayed for sale. At all our market sites including the La Quinta site, the Center accepts the SNAP (Supplemental Nutrition Assistance Programiformerly food stamps) Program which assists low-income citizens and gives them the opportunity to buy fresh, local produce. The market in Old Town drives business to the area including the Village in La Quinta. It could be estimated that 25% of the market's patrons also patronize the Village of La Quints. Based upon the ongoing community support, we have expanded our outreach to other healthy food -related and sustainability forward community organizations. In the last three years, we have worked with: The City of La Quints City Managers office/ Sustainability programs, La Quints High School Culinary Program, Live Like a Champion Nationwide Kids dieb'healthlexercise program, Les Dames Escoffler, Slow Foods, Desert Health Care District, Raymond Cree Middle School, Coachella Valley Rescue Mission, Well in the Desert, NIS Society, UC Riverside Extension program, Old Town management and Old Town retailers. Secondly, film arts, which is a well -established aspect of culture and a segment of the arts with particular interest to those in the Coachella Valley. We have sponsored or participated in many smaller, niche film mini -festivals, including Cinema Diverse, now in its third year, Film Noir coming up on its second year of sponsorship with the Cultural Center, and the Young Americans Holiday performance offering local scholarship awards/contests to middle and high schools in the Coachella Valley. 4. How many people does your Organization currently serve? For the markets, in total we served over 100,000 people during our previous market season which ran from Late September 2009 until the first week of June 2010. We believe, that with regard to the CFMs, attendees broke down by age as follows: No. of Youth 10% No. of Adults 60% No. of Seniors 30% 000146 5. How many people do you intend to serve during this Fiscal Year? We anticipate that in all three markets (PS, LQ, and PD) from basically October 2010 through June 2011, we will serve some 110,000 people with approximately the same demographic as above. No. of Youth 10% No. of Adults 60% No. of Seniors 30% 6. How many people served during this Fiscal Year will be La Quints residents? We believe that a reasonable benchmark for the La Quints CFM, with a start date of September 26, 2010 and stop date of May 29, 2011 would be 30,000. We believe that attendance will approximate: (more children in IA Quints) No. of Youth 20% No. of Adults 50% No. of Seniors 30% 7. How many paid employees/volunteers does your Organization employ? The Cultural Center currently does not have employees. All current functions are managed through contract arrangements with specialists and others. Volunteers provide assistance for events throughout the year as needed during the events themselves. Full time employees: None Part time employees: None Volunteers: Twenty The CFM relies on the services of independent contractors. 8. Describe how your Organization is managed and governed: The Center is a well established 501 © (3) with a president and a nine member board of directors. It is governed by the Board of Directors. The Board includes two Founding directors, a president and CFO, a Secretary and a Treasurer. Please see attached list of board members. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Ric Supple President 2100 E Tahquitz Canyon Way 760.325.2582 Palm Springs CA 92262 000141 10. What is your annual schedule of events, and during what months does your Organization operate? We operate a full twelve month calendar. Certified Farmers Markets in La Quinta, Palm Springs and Palm Desert run from the end of September to the first week in June. Various film festivals; Cinema Diverse in the fall, a Food Documentary film in October, Film Noir scheduled for May 2011 and the Young American Holiday program in December. 11. Do you charge admission, membership fees, dues, etc? _Yes X No The CFM charges no fees or dues to members of the public, but does charge fees to those farmers whose sell their goods at the market. Those fees include 7% booth fees for certified farms based upon gross sales, and up to $45.00 per booth for non -certified area booths. The Cultural Center does charge admission for its film festivals and other events. 12. What are your other sources of revenue for this funding year? Source Public Donations Sponsorships Fundraising To Be Acquired To Be Acquired To Be Acquired Amount Total Needed $ 38.0 00.00 (to operate LQ Certified farmers market) Total Received $ 22.0 00.00 (Including anticipated revenue from CFM and other sources) Balance $ (16.000.00) Please see attached budget information 13. Amount of money requested from the City of La Quinta? $5000.00 14. Has your Organization been funded by the City of La Quinta previously? x Yes No If yes, when? May 2009 15. Please provide the name and address of the bank in which the Organization's funds are kept: Union Bank of California — Private Bank Desert Region 71-950 Hwy 111- Suite B Rancho Mirage CA 92270 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Title: Ric Supple President Scott Crisman Secretary Russ Russell CFO 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will he used, if awarded. The funds will assist with a portion of our direct costs for the year that are related specifically to La Quinta, leaving the indirect costs related exclusively to the Cultural Center to be raised through sponsorships, donations, fees and fundraising. SPECIFIC ITEMS for 2010-2011: Desert Sun and La Quinta Sun weekly ads over 8.25 months, directional to La Quinta With mention on collateral: $2,862.00 Recyclable Paper Bags (15,000 +) for patrons of the LQ Market $2,500.00 County, State, Env. Health Permits/ Licenses for CFM at Old Town $1,836.00 Public Relations related to Old Town CFM/ Fresh pick news $1,000.00 000149 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. We anticipate the direct beneficiaries of the CFM in La Quinta will be residents of the eastern end of the valley, schools, outreach programs and community groups, small farms and businesses located in Riverside County and businesses near La Quinta. In particular, we know that businesses adjacent to the market in Old Town La Quinta will experience beneficial and manageable sidewalk traffic. Finally, we believe that by focusing and supporting the need for fresh, local, organically driven food and other products, the market will continue to be a focused source of support for such efforts and products in other arenas, such as supermarkets and restaurants. If it can not be found at the CFM, CFM management will direct patrons to La Quinta stores, restaurants, or other local businesses. 19. Attach copies of the last three months bank statements for the Organization's checking and savings account. ATTACHED 20. Attach a copy of your Program Operating Budget for the current year. ATTACHED 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. ATTACHED 000150 ATTACHMENT 4 CITY OF LA QUINTA GRANT APPLICATION FISCAL YEAR: 2010-2011 Name of Organization: La Quinta High School Softball Booster Club Amount Requested: $2,000.00 Contact Person: Terri Cox Mailing Address: 78-850 Sanita Drive City: La Quinta State: California Zip Code: 92253 Home Telephone 760-772-0064 Cell phone 760-954-8242 E-mail address richandterricoxkyahoo.com 501(c)3 Taxpayer I.D. Number: 33-0636136 Date Application Submitted: April 8, 2011 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 000151 CITY OF LA QUINTA GRANT APPLICATION Please check which grant funding you are applying for: X Community Services Support ($5,000 limit) Economic Development/ Marketing and Sponsorships ($5,000 or less Economic Development/Marketing and Sponsorships (above $5,000) What is the overall purpose or goal of your Organization? The overall goal and purpose of the La Ouinta High School Softball Booster Club is to facilitate organization and communication between coaches, players, and parents and to hell provide financial support to all three levels of teams; Varsity, Junior Varsiy, and Freshman. 2. How long has your Organization been in existence? 6 Years _ Months 3. Describe in general the activities or services of your Organization: The Booster Club helps to organize and plan the season -end banquet, handles the finances md_ payouts for program needs, orders uniforms and equipment if necessary, plans senior night, plans team field trips to college games/campus tours, assists coaches with clerical and organizational needs, runs the game day snack bar, and helps to plan, organize, and work all fundraisers. 4. How many people does your Organization currently serve? No. of Youth 45 No. of Adults 6 No. of Seniors 0 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 45 No. of Adults 6 No. of Seniors 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 45 No. of Adults 6 No. of Seniors 0 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers 20 8. Describe how your Organization is managed and governed: We are governed by an Executive Board consisting of a President, Vice President, Secretary, and Treasurer. Decisions are made at regular monthly meetings and are decided by discussion and then a vote by the total Booster Club membership present. 000152 VarsityCoach, DeDe Grutz is in attendance and provides information and input on the needs of the Softball Program for La Ouinta High School 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Terri Cox President 78-850 Sanita Dr. LQ 760-772-0064 Tina Gatlin Vice President PO Box 5455 LQ 760-360-3040 Cruz Terrazas Secretary 79040 Ladera Dr. LQ 760-534-8685 Michelle Melcher Treasurer 45-529 Green Hills Ct. LQ 760-574-9441 10. What is your annual schedule of events, and during what months does your Organization operate? The Booster Club operates full steam from December through June. We also meet once school begins in September or October to get started. The girls try out in February and begin pre -season games in March. League games begin at the end of March and run through May. CIF games start in Mav and end the first week of June. In the summer, most of our La Ouinta players return to their travel ball teams and play all summer, fall, and winter with them. 11. Do you charge admission, membership fees, dues, etc? _ Yes X No If Yes, please describe: N/A 12. What are your other sources of revenue for this funding year? Source Amount Team Car Wash $1500.00 Banner Sales $800.00 Snack Bar Sales $600.00 Total Needed Total Received Balance $ 7050.00 $ 2900.00 $ 4150.00 000153 13. Amount of money requested from the City of La Quinta? $ 2,000.00 14. Has your Organization been funded by the City of La Quinta previously? X _ Yes If so, when 2008 No 15. Please provide the name and address of the bank in which the Organization's funds are kept. US Bank, 78-435 Hwy 111, La Quints CA 92253 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Michelle Melcher Terri Cox Title: Treasurer President Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. If we were to receive the requested funds, we would want to use the money to pay for a uniforms. Most of the uniforms currently being used have been at La Quints High School since it first started its Softball Program years ago. One of our goals is to get one new full set of uniforms for one team of 16 players and uniform Hants for all three squads. Another thing that we would possibly use the funds for would be to purchase transportatiori_if needed throughout the season or post season. With district budget cuts hitting the schools hard these past two years, transportation to and from out of town tournaments or to away CIF games is also a possibility. We could also use the funds to purchase much needed equipment such as itching machine balls, game balls, new bases, or other equipment such as batting helmets, or catchers gear. All of the requests that we are asking for, will help to improve and build up the La Quinta High School Softball Program. 17. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. (If applying for Economic Development/ Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited.) The Girl's Softball Program at La Quinta High will he the group that benefits most from a donation from the City of La Quinta. However, keeping these girls active and giving them a healthy outlet for some social and athletic fun, is not only beneficial to 000154 the girls. but also to our high school and our community. In order to play athletics in high school, each player is required to maintain a minimum grade point average This incentive is helpful in keeping many players actively working harder in school to be eligible to play each season These requested funds would definitely help us on our guest to improve our Girl's Softball Program at LOHS. 18. Please provide, as an attachment, copies of the last three months bank statements for the Organization's checking and savings account. See attached copies of our bank statements. 19. Attach a copy of your Program Operating Budget for the current year. See Attached. Copy of the Budget. 20. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. N/A. Government non-profit organizations do not file the IRS Form 990. 000155 ATTACHMENT 5 P GRANT APPLICATION FISCAL YEAR 2010-2011 Name of Organization: CASA for Riverside County, Inc. Amount Requested: $5,000.00 Contact Person: Deborah Sutton Mailing Address: P.O. Box 3008 City: Indio State: CA Work Telephone: 760-863-7424 Cell phone: 909-904-1861 E-mail Address: gbaker@casariversidecounty.org 501(c) 3 Taxpayer I.D. Number: 33-00596888 Date Application Submitted: April 8, 2011 Zip Code: 92202-3008 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 000156 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _ X Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) What is the overall purpose or goal of your Organization? Our mission is to speak for the best interests of abused, neglected, and abandoned children in the courts of Riverside County. We promote and support quality volunteer representation for each child to secure a safe, permanent, and nurturing home. We are diligent advocates for the services needed to help each child become a healthy and productive adult, able to break the chain of abuse, neglect, or abandonment. 2. How long, has your Organization been in existence? 20 Years 8 Months 3. Describe in general the activities or services of your Organization: CASA for Riverside County, Inc. recruits, screens, trains, and supervises community volunteers (trained and sworn officers of the court) to advocate for the rights of one of our community's most vulnerable populations — foster children. Our volunteers work closely with their assigned children and all key players in their children's lives; these include attorneys, social workers, foster parents, group home staff, teachers, therapists, doctors, fiunily members, etc. Working with this group of professionals and non- professionals, the volunteer is able to gain valuable insight into his child's life. He is able to ascertain what his child needs and wants, and is able to connect his child with. necessary community resources. He also advocates that a permanency plan for his child be designed and implemented. This helps ensure a more stable living environment — less moving from one foster or group home to another (foster children move an average of 7 times per year). The volunteer appears at all of his child's hearings in the Juvenile Dependency Court, and presents his findings and recommendations to the judge in the 0 000i b l form of an official court report. Judges gratefully welcome recommendations made by CASA because they know it is invaluable knowledge that is not being gathered by other court personnel. While attorneys and social workers are assigned to represent these children and work hard to support and find appropriate placements for them, an overburdened child welfare system with tremendous case loads and a limited amount of time, prevent these professionals from doing all that can and needs to be done. CASA volunteers devote their time to one child, while attorneys and social workers have a caseload of up to 60 children. The CASA volunteer is the one adult in his child's life that is there because he wants to be there, not because he is paid to be there. 4. How many people does your Organization currently serve? No. of Youth 296 No. of Adults 0 No. of Seniors RM a How many people do you intend to serve during this Fiscal Year? No. of Youth 400 No. of Adults 0 No. of Seniors 0 How marry people served during this Fiscal Year will be La Quinta residents? No. of Youth 10 No. of Adults 0 No. of Seniors How many paid employees/volunteers does your Organization employ? Full time employees 6 Part time employees 0 Volunteers 226 Describe how your Organization is managed and governed: CASA for Riverside County, Inc. is operated under a corporate strategic plan developed by the Board of Directors and a set of performance measures mandated by the National CASA Association and the California Administrative Office of the Courts, an adjunct of the Judicial Council of California, under the California Supreme Court (Rule 5.655). Our agency is certified as compliant with all best practices by the National CASA Association. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Number & email Jean Easum President 5327 Magnolia Ave. 951-273-5034 Riverside, California 92506 Easumame.com Christopher Sheldon Vice President 230 W. Camino Buena Vista 760-641-9450 Palm Springs, California 92264 csheldon a dc.rr.com Jeanette Pirio Secretary 556 East E St., Colton, CA 909-725-1499 Colton, California 92324 antenetna,sbcglobal.net Gary Sheperd Treasurer 47765 Pansy Street 760-702-2310 Indio, California 92201 pipestrka,hotmail.com Dr. Richard Darling Board Member 78629 Bougainvillea Drive 760-200-2766 Palm Desert, California 92211 fairgdc.rr.com Dr. William Chase Board Member 36351 Artisan Way 760-835-0941 Cathedral City, CA 92234 wchaseAdc.rr.com 10. What is your annual schedule of events, and during what months does your Organization operate? CASA operates on a fiscal year basis, July l to June 30. CASA Auxiliary committees are established in three regions within the county; Riverside, Murrieta, and Indio. These auxiliary committees develop and coordinate various fundraising events throughout the year including a golf tournament and a poker tournament. 11. Do you charge admission, membership fees, dues, etc? Yes X No If yes, please describe: NA 12. What are your other sources of revenue for this funding year? Source Amount Unrestricted Contributions $ 2,395.00 Total Needed $ 7,395.00 Total Received $2,395.00 Balance $ 5,000.00 13. Amount of money requested from the City of La Quinta? $ 5,000.00 • 0001 J 9 14. 15. 16. Has your Organization been funded by the City of La Quinta previously? X Yes No If yes, when? FY 2008/2009 Please provide the name and address of the bank in which the Organization's funds are kept: California Bank & Trust 81701 Highway I I I Indio, California 92201 Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Deborah Sutton Jean Easum Title: Executive Director Board President 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Last year there were 10 children removed from their homes in La Quinta and put into foster care; these were new entries into the system. There were 4,777 children in the Riverside County juvenile dependency system in the same time frame, according to Riverside County Department of Public Social Services (DPSS). There are 9 foster children placed in homes in La Quinta. These are children who were removed from their homes due to abuse, abandonment, and neglect — not because of something they did. These children are not receiving all the support and services needed to endure the foster care system in a healthy and productive manner. Most will exit the system at 18 years old with no life skills and no connection to their community. Many end up homeless and on welfare, in prison, or dead. An overburdened and complex child welfare system results in too many abused children left to navigate the system without an attentive and caring adult focused exclusively on their situation and needs. 000160 CASA volunteers undergo an intense training program to become sworn officers of the court who ensure that all services and support needed by each child — as set forth in the California Foster Youth Bill of Rights and mandated by the Court — are effectively and compassionately utilized, allowing these children a chance at a happy and healthy life. Our volunteer to child ratio is typically 1:1 (although some volunteers serve sibling sets) allowing for an informed and productive relationship with the child. CASA for Riverside County, Inc. is a volunteer driven organization; we have a paid staff of 4 Case Supervisors managing hundreds of volunteers annually. This position is vital to our program; the Case Supervisor is directly responsible for the volunteers in every aspect of their participation in the CASA program. Case Supervisor duties include: • interviews and screenings (Department of Justice, Child Abuse Index, Department of Motor Vehicles) of all potential volunteers • training of volunteers (intense 30 hour program which includes 2 hours of court observation) • support and supervision of volunteers which includes assistance in o development of a case plan and goal for child o identification of services lacking in child's life o preparation of reports for the juvenile court and the development of recommendations related to placement, education, medical needs, emotional and behavioral well being of the child as appropriate • serving as a liaison with social workers, attorneys, care providers, and others • monitoring performance of volunteers and arrangement of counseling meetings as needed, followed by recommendations regarding continued participation in the program • assignment of children to volunteers • design. and implementation of nationally mandated continuing education requirements for all volunteers, which includes o securing meeting locations o designating topics o arranging for informational speakers 000161 o tracking required hours for each volunteer • presentations to media and public and private community organizations to increase awareness of our program • design and implementation of a recruitment plan to increase our number of volunteers • performing orientation sessions for potential volunteers and responding to all potential volunteer inquiries • maintenance of case records and computerized data in accordance with • evaluation and maintenance of files on volunteers and their current cases Funding from the City of La Quinta Community Services program would supplement the salary of a Case Supervisor serving La Quinta and surrounding communities. The specific amount of need noted above ($7,395) is the cost associated with managing 10 volunteers serving 10 new children. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. Community Services Funding from the City of La Quinta has a dual benefit. First, residents of La Quinta are offered an opportunity to make a tremendous difference in the life of an at -risk child. Much of our volunteer population resides in La Quinta. Last program year, La Quinta CASA volunteers donated 740 hours to their children's cases. This equates to $17,234.60 in volunteer service, according to the Volunteer Sector. Second, foster children in La Quinta and Riverside County are provided with advocacy that will result in better outcomes. The US Department of Justice, Office of the Inspector General conducted an audit of the National CASA Association and found the following for abused children with a CASA versus those without: • they spend less time in long-term foster care • they receive more services and support 0QO1 62 • they are more likely to have their cases permanently closed, instead of lingering in or returning to foster care Studies also show that intervening early in the life of an at -risk youth decreases the chances of him being a burden on the social welfare system in his adult life. A study by Mark A. Cohen and Alex R. Piquero in the Department of Criminology and Criminal Justice at the University of Maryland in College Park estimates that intervening in the life of an at -risk youth (14 years old) can save society anywhere from $2.6 million to $5.3 million. Saving a high risk youth at birth would save between $2.6 million and $4.4 million. 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quinta. NA 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. Attached 21. Attach a copy of your Program Operating Budget for the current year. Attached 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Attached 000163 ATTACHMENT 6 GRANT APPLICATION FISCAL YEAR 2010-2011 Name of Organization: OperaArts Amount Requested: $3500.00 Contact Person: Arlene Rosenthal Mailing Address: P.O. Box 5433 City: Palm Strings State: CA Zip Code: 92263 Work Telephone: (760) 323-8353 Cell phone:_ (760) 831-0014 E-mail Address: Rose I 9440,aol.com 501(c)3 Taxpayer I.D. Number: 30-0540629 Date Application Submitted: January 31 2011 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 000164 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: _X Community Services Support ($5,000 limit) Economic Development(Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) 1. What is the overall purpose or goal of your Organization? OperaArts was created from the collaborative dreams and efforts of a small consortium of community residents and opera aficionados. Our goals are to present quality musical performances, with emphasis on Opera and operetta, accompanied by high quality visual arts and art experiences, to the Coachella Valley community, with emphasis on our youth and senior citizens, free of charge or at affordable costs to all. enjoyment, enlightenment and betterment of all in our community. 2.How long has your Organization been in existence? 2_ Years 6_ Months 3.Describe in general the activities or services of your Organization: Our activities include: concerts in public libraries, outdoor concerts, school outreach, a public music and art festival, collaboration with other music orpanizations, and home concerts. 4.How many people does your Organization currently serve? No. of Youth over 1000 No. of Adults over 1500 No. of Seniors over 1500 5. How many people do you intend to serve during this Fiscal Year? No. of Youth over 1500 No. of Adults 1500 No. of Seniors over 1500 6. How many people served during this Fiscal Year will be La Quinta residents? these are guesstimates for now ---we are submitting flyers to one of the La Quinta Elementary schools for our festival so we might have a better idea from that) 000165 No. of Youth 100 No. of Adults 100 No. of Seniors 150 How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers o 8. Describe how your Organization is managed and governed: Our President and Board meet four times a year for budgetary matters and to map out the year of events, fundraising and all the business of OperaArts. The President oversees the operations of events with the volunteers who assist and our Treasurer maintains our books. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Arlene Rosenthal President 22475 Lon vue Rd. (760) 323-8353 Sky Valley, 92241 10. What is your annual schedule of events, and during what months does your Organization operate? 2010/2011 Season Schedule Monday, July 19, 2010 7:00 p.m. "The Diva Made Me Do It: soprano songs, scenes and arias from opera, operetta and musical theater". Rancho Mirage Public Library, 71-100 Highway 111, Rancho Mirage Victoria Kirsch- OperaArts Music Director and pianist, Suzan Hanson - Soprano. FREE to the public. Reception following the show. (760) 323-8353 or (760) 341-7323 for more information. Friday, October 22, 2010 Miramonte Resort, 45000Indian Wells Lane, Indian Wells Winewomenpsp presents a fundraiser for the Well in the Desert Food programs with OperaArts performer Jessica Tivens and pianist Gale Enger performing the greatest hits from musical theater, with a bit of Opera. A beautiful evening outdoors. For more information and reservations call: (760) 799-7076 Sunday, November 14, 2010 3:30 - 5:30 p.m Michael Lord Gallery, 1090 N. Palm Canyon Dr., Palm Springs This fundraiser for the Well in the Desert will feature OperaArts pianist Gale Enger wIV *11 b166 present classical compositions and will accompany second place "Open Call" winner from the McCallum Competition, Alison King, who will sing two musical theater pieces. Trina Parks, the first African American James Bond "girl" will perform from Diamonds Are Forever and present a classical dance piece. There will also be other entertainment. Suggested minimum donation: $25.00. Space is limited. Please RSVP to art@michaellord.com or call (760) 699-8957. Sunday, December 12, 2010 3:30 - 5:30 p.m The home of Dr. Joseph Lund and James Kelley in Thunderbird Heights. A "support OperiArts" fundraiser featuring singer Chris Campbell, accompanied by Music Director Victoria Kirsch . Wine, champagne, appetizers and beautiful music. Fundraiser for the Festival of Opera & Art and outreach to school children in the Coachella Valley Unified School District. $60.00 per person. Call (760) 323-8353 for reservations. Sunday, February 13th, 2011 11:30 a.m. - 1:30 p.m Bouganvillea Room at Spencer's Restaurant, 701 West Baristo Road, Palm Springs A Valentine's Day music and desserts celebration helping fund student outreach in the Coachella Valley Unified District. Music Director Victoria Kirsch will accompany baritone Gregorio Gonzales and soprano Jamie Chamberlin who will sing musical theater, opera and operetta favorites. Call (760) 323-8353 for more information. Sunday, April 10, 2011 12:30 p.m. - 4:30 p.m "Festival of Opera & Art" Palm Desert Civic Center Park Amphitheater, Fred Waring Drive and San Pablo Avenue, Palm Desert Gale Enger to perform on keyboard from 12:30 to 2:00 p.m. Opera show begins at 2:00 p.m. and ends at 4:30. There will be multiple activities for the children including face -painting, arts and crafts, and interactive art activities presented by SCRAP Gallery. Artists in different genres will demonstrate their techniques. FREE to the public. Bring your blankets, chairs and umbrellas. Food will be on sale from Las Casuelas Nuevas and Jensen's Finest Foods. Call (760) 323-8353 for more information. For artists who wish to exhibit please contact Kimberly Nichols at (760) 464-6000 or knr@dc.rr.com. Saturday, April 16, 2011 6:30 p.m. "Opera Under the Stars" Renaissance Esmeralda Hotel, 44-400 Indian Wells Lane, Indian Wells Enjoy another magical evening of music, dining and evening splendor. On the Rose Lawn in front of the Emerald Ballroom. 6:30 p.m. For early reservations please call Arlene Rosenthal at (760) 323-8353. "fables of 8: $1,000. Individual tickets: $125.00. 11. Do you charge admission, membership fees, dues, etc? Yes X No If yes, please describe: We charge for fundraising events but keep our costs to what we think are affordable prices We always have student and senior discount spaces available. 000167 12. 13. 14. What are your other sources of revenue for this funding year? Source The Auen Foundation The Berger Foundation The Wasserman Foundation Wells Fates Individuals Total Needed $39,800.00 Total Received $39,800.00 Balance 00000 Amount $5,000.00 $2,500.00 $ 15,000.00 $5,000.00 $12,300.00 Amount of money requested from the City of La Quinta? $3500.00 Has your Organization been funded by the City of La Quinta previously? Yes x No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: Bank of Southern California. 333 N. Palm Canyon, Ste. 102, Palm Springs, CA 92262 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: Karen Hall Arlene Rosenthal Title: Treasurer President 000168 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. OneraArts would like to create a yearly event for the City of La Quinta that would brand it for the City alone. We created the idea of doing something near Halloween on the Village Green and would call it Devils Demons and Divas. The title would allow us to select music from Operas like Don Giovanni, Orpheus in the Underworld, Faust, and music from Phantom of the Opera, Sweeney Todd, the Mikado, and more. The funds will allow us to bring in professional singers with our Music Director to present a very professional and delightful show. With the event FREE to the public we should fill the square. We could also attract businesses to open for the evening and allow the children to "trick or treat". We want to do this in the evening, and we think it would be a stellar event with a huge turnout. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. Those who benefit from this event will be the citizens of La Quinta, seniors, youth, working and retired people, business eople and the City of La Quinta. It is a partnership that will further demonstrate how the City of La Quinta offers much to its residents and our programs are of such high caliber that it further illustrates the high level City Government operates at. 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quinta. 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. 21. Attach a copy of your Program Operating Budget for the current year. 000169 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 000170 OperaArts Festival of Opera & Art Projected Expense budget for 2011 1. Conductor 2. Music Director 3. Librarian 4. Orchestra 5. Singers (7) 6. Sound 7. Program design 8. Program distribution 9. Programs (10,000) 10. Pre -show 11. Rentals 12. Celebration dinner 13. Buses for children Total 2500.00 2500.00 1200.00 20,000.00 6,750.00 2,000.00 1,000.00 500.00 1,850.00 300.00 1,000.00 500.00 ( for musicians, singers, sponsors and Board) 600.00 Revenues: Based on last years' and on already promised & projected revenue. 1. Wasserman Foundation 5,000.00 2. Auen Foundation 7,500.00 3. Wells Fargo 5,000.00 4. Jerome & Mary Angel 1,500.00 5. Manny Segall 1,000.00 6. Karen Hall 1,000.00 7. Joseph Lund 2,500.00 8. Harold Matzner 1,000.00 9. Art Copleston 1,000.00 10. Chuck & Gayle Hodges 2,000.00 11. Jim McGuire 1,500.00 12. Eva Cohon 1,000.00 13. City of Coachella 1,000.00 14. Program revenue 5,000.00 15. Others 3,800.00 Total: 39,800.00 0001 71 ATTACHMENT 7 (f4ht 4 4wQ" GRANT APPLICATION FISCAL YEAR 2010-2011 Name of Organization: Eisenhower Medical Center — Forensic Program Amount Requested: $5 000.00 Contact Person: Monica Vazquez Mailing Address: 39000 Bob Hope Drive City: Rancho Mirage, State: CA Zip Coder 92234 Work Telephone: 760 — 834-3530 Cell phone:_ 760-567-5356 E-mail Address: mvazquez emc org 501(c)3 Taxpayer I.D. Number: 95-6130458 Date Application Submitted: April 6 2011 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 000172 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) 1. What is the overall purpose or goal of your Organization? The purpose and goal of the Eisenhower Sexual Assault Response team is to provide the sexual assault victim with a safe haven through compassionate medical care by a well trained nursing team. This purpose is reached by implementing the Eisenhower Sexual Assault Response Team (SART) program which includes the protection of sexual assault victims from further harm; by providing crisis intervention; timely, thorough, and professional forensic evidence collection, documentation, and preservation of evidence; evaluating and treatine prophylactically for sexually transmitted diseases; evaluating pregnancy risk and offer prevention; andappropriately refer victims for immediate and follow-up medical care and follow-up con selin How long has your Organization been in existence? 6 Years Months 3. Describe in general the activities or services of your Organization: Eisenhower Medical Center's (EMC) Sexual Assault Respose Team program operates on the belief that sexual assault victims have the right to an immediate, compassionate, and comprehensive medical/legal evaluation and treatment by an RN specifically trained in the field of forensic nursing for the purpose of conducting a sexual assault examination. The Sexual Assault Nurse Examiner (SANE) has the experience to anticipate their needs during this time of crisis. As a health care provider, the SANE has an ethical responsibility to provide victims with complete information about choices so victims can make informed decisions about: the care they want to receive. 4. How many people does your Organization currently serve? No. of Youth 28 No. of Adults 60 No. of Seniors 1 000173 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 25 No. of Adults 50 No. of Seniors 5 How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 9 No. of Adults 25 No. of Seniors 1 How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers 5 8. Describe how your Organization is managed and governed: Eisenhower Medical Center is governed by a Board of Directors and its bylaws. The Eisenhower Sexual Assault Response rogram is part of the Emergency Department and is overseen by Jill Crum Forensic Program Coordinator and Kathy Cash, Interim - Director of the Emergency Department. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Jill Crum Forensic Program Coordinator 39000 Bob Hope Dr. Rancho Mirage CA 92270 760-837-3937 Kathy Cash Interim -Director ER 39000 Bob Hope Dr. Rancho Mirage CA 92270 760 — 773-1221 Ann Mostofi VP Healthcare Services 39000 Bob Hope Drive Rancho Mirage CA 92270 760— 773-1223 10. What is your annual schedule of events, and during what months does your Organization operate? The Eisenhower Sexual Assault Response Team operates 24 hours a day. 7 days week 365 days a year. Annually Eisenhower hosts the Sexual Assault Examiner Nurse Training Program where our team teaches other hospital organizations nationally and internationally, how to organize their own Sexual Assault Response Team (SART) 11. Do you charge admission, membership fees, dues, etc? Yes No If yes, please describe: 12. What are your other sources of revenue for this funding year? 13 14. Source Amount Emergency Department Operating Budget $241,000 Total Needed Total Received Balance $ 241,000.00_ $200.833.00_ $ 4 Amount of money requested from the City of La Quinta? $ 5.000.00_ Has your Organization been funded by the City of La Quinta previously? Yes � No If yes, when? 15. Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo Bank Los Angeles CA 000175 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: G. Aubrey Settling Martin Massiello Kimberly Osborne Title: President/CEO Exec. VP Chief Operating Officer VP, Chief Financial Officer 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Funding received from the City of La Quinta will be utilized to further enhance the safety and care of sexual assault victims by providing scholarship opportunities to nurses seeking further education in the area of sexual assault assistance Additionally, funds received will help in the purchase of medical equipment especially designed for the Sexual Assault Response Team program. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. The goal is to provide skilled nurses to conduct forensic evidentiary exams for all communities throughout the Coachella Valley and our 29 Palms Marine Base. Residents of the La Quinta community would greatly benefit from these services as 38% of its residents already receive the services. 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quinta. 000176 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. Eisenhower Medical Center does not make their bank statements public, we are providing you with a copy of our financial statement. 21. Attach a copy of your Program Operating Budget for the current year. 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 000177 ATTACHMENT 8 4'&'!t 4 4 Qum& GRANT APPLICATION FISCAL YEAR 2010-2011 Name of Organization: First Book -East Coachella Valley c/o First Book Amount Requested: $5,000 Contact Person: Mario Sewell Mailing Address: 54-480 Avenida Rubio City: La Quint i State: California Zip Code: 92253 Work Telephone: (retired) 760-771-8068 (h) Cell phone: 213-219-1513 E-mail Address: mariol938kverizon.net 501(c)3 Taxpayer I.D. Number: 52-1779606 (national First Book organization) Date Application Submitted: April 8, 2011 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 000178 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: X Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) 1. What is the overall purpose or goal of your Organization? Provide quality books to low-income children in the East Coachella Valley (Indio, Coachella, Mecca, Thermal, Oasis, Salton Sea City and the various trailer camps). Priority are the elementary schools in the area with the lowest state Academic Performance Index scores. 2. How long has your Organization been in existence? 1 Years - Months 3. Describe in general the activities or services of your Organization: We are engaged in fundraising on a year -basis. Our goal is to award grants to local schools during the summer or early Fall so that they can begin ordering and distributing books during the school year. We also sponsor a reading day at a local mall where children are read to by volunteers with each child receiving a free book and prizes. In addition we encourage local schools to register with First Book so they are eligible to receive books grants. 4. How many people does your Organization currently serve? No. of Youth 240* No. of Adults No. of Seniors *Second and third grade students at Las Palmitas receiving four (4) books this school year through funding provided by First Book -East Coachella Valley. 000179 How many people do you intend to serve during this Fiscal Year? (2011-2012) No. of Youth 360 No. of Adults - No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers 20 8. Describe how your Organization is managed and governed: First Book: -East Coachella Valley was approved by the national First Book organization in April 2010. As a local First Book Advisory Board we have a 12-member Board of Directors consisting of City and local residents. In addition to establishing necessary procedures, the Board considers grant applications from local schools serving low- income children. After Board approval, as Board Chair I inform First Book of the grant award and work with the school for the book ordering and distribution. In addition, the Board is involved in the fundraising activities. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Mario Sewell President 54480 Avenida Rubio LQ 92253 760-771-8068 Joseph Re yes Chief Financial Officer Sandra Serrano Sewell Secretary 60612 Lace Leaf Ct 54480 Avenida Rubio LQ 92253 LA 92253 760-777-8243 760-771-8068 000180 10. What is your annual schedule of events, and during what months does your Organization operate? 11 12. 13 14. In September 2010 we sponsored a reading day at a local mall where children were read to by volunteers with each child receiving a free book and prizes. We plan to repeat this event in September 2011. We are active year-round with fundraising and grant awarding and monitoring. Do you charge admission, membership fees, dues, etc? Yes X No If yes, please describe: What are your other sources of revenue for this funding year? Source Individual donations Grants from local business Grants from local service organizations Grants from local foundations Total Needed $6,500 Total Received $1,500 Balance $5,000 $800 $200 $200 $300 Amount of money requested from the City of La Quinta? $5,000 Amount Has your Organization been funded by the City of La Quinta previously? Yes X No If yes, when? 00018 j 15. Please provide the name and address of the bank in which the Organization's funds are kept: We forward all contributions to the First Book national office. First Book deposits the entire amount of the contribution into a separate account designated only for the First Book -East Coachella Valley Advisory Board. We then request local schools to submit a grant application to us to receive funding for book purchases. After Advisory Board approval, .as Board Chair I advise First Book of the school and the grant amount. The school is then able to order books directly from the online First Book Marketplace up to the grant amount. First Book does not charge any overhead for handling our contributions and fund utilization. As a volunteer organization we also do not deduct any overhead. First Book sends a letter of acknowledgement and appreciation to all donors with its tax- exempt number. 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): After Advisory Board approval of a grant, the officers below can sign the certification to First Book of the grant awardee and grant amount: Name: Title: Mario Sewell President 54480 Avenida Rubio LQ 92253 760-771-8068 Joseph Reyes Chief Financial Officer 60612 Lace Leaf Ct_ LQ 92253 760-777-8243 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. There is a documented correlation between the number of books a child has at home and their academic progress. As a reading volunteer in local schools for the past six years 1 have learned that most of the children do not have books of their own at home. The children are from low-income families and meet all poverty indices. The books provided through First Book are for the children to take home to cherish and keep as their own — to facilitate the love of reading essential for their learning and advancement. The funds, if awarded, will enable Las Palmitas Elementary School to obtain six (6) books for every second, third and fourth grade child in the 2011-2012 school year. This will build upon the four (4) books that First Book -East Coachella Valley was able to fund at the school this year for all second and third grade children. With accounting and financial reports provided by First Book and working closely with the grant schools, we are able to track utilization of our grant awards and the number and First Book cost of the books. We would be able to provide this detailed information to the City as requested. 0D0182 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. In addition to the benefit to the children, the local economy will also benefit. An educated workforce is essential for area businesses and organizations in La Quinta and the Coachella Valley. 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quinta. 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. As indicated in the response to 15 above, all funds are forwarded to the national First Book office. We are provided with detailed accounting reports — a recent report is attached. 21. Attach a copy of your Program Operating Budget for the current year. Our Program Budget for the 2011-2112 school year is described in 12 above. 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Attached. 000, 83 ATTACHMENT 9 GRANT APPLICATION FISCAL YEAR 2010-2011 Name of Organization: DESERT LONGHORNS BASEBALL Amount Requested: $ 4 , 800.00 Contact Person: ROBERT BOETTO Mailing Address:_ 78785 Wakefield Circle City: La Quinta State: CA Zip Code: 92253 Work Telephone:_ (760) 333-7070 Cell phone: (same as above) E-mail Address:_ RFBOETTO@FEDEX. COM 501 (c)3 Taxpayer I.D. Number: Amateur Athletic Union #1155 Date Application ;submitted: Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. 000184 CITY OF LA QUINTA GRANT APPLICATION (Typed applications are preferred) Please check which grant funding you are applying for: x _ Community Services Support ($5,000 limit) Economic Development/Marketing and Sponsorships ($5,000 or less) Economic Development/Marketing and Sponsorships (above $5,000) 1. What is the overall purpose or goal of your Organization? our goal is to take thirteen. local 12 year old boys to Cooperstown; New York to compete in the National Championship this summer. The Longhorn's play competitive baseball across the state twice a month. The purpose is to enhance their skill level, to learn the lessons of winning and losing and to help them gain confidence. 2. How long has your Organization been in existence? 5 Years 6 Months 3. Describe in general the activities or services of your Organization: we are a Coachella Valley gravel baseball team. The Longhorns practice twice a week and play tournaments twice a month. 4. How many people does your Organization currently serve? No. of Youth 13 No. of Adults 3 No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 13 No. of Adults 3 No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 4 No. of Adults 3 No. of Seniors 000185 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers 3 8. Describe how your Organization is managed and governed: One manager (coach) . Two assistant coaches. The manager schedules practices and tournaments and takes the lead in the coaching of the kids. The two assistants help coach at practice and at tournaments. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Robert Boetto Coach 78785 Wakefield Cir. (LQ) (760) 333-7070 Robert Kesel Asst. Coach Omar Valdez Asst. Coach 10. What is your annual schedule of events, and during what months does your Organization operate? _September through July (eleven months) Tournaments twice monthly. One big national tournament at the end of the season, usually in late June or July. 11. Do you charge admission, membership fees, dues, etc? Yes x No If yes, please describe: Parents pay for uniforms tournament fees, dues for monthly practice fields. 000186 12. What are your other sources of revenue for this funding year? (We've just started the fundraising process for this season's trip) Source Amount Augustine Band of Cahuilla Indians $2400 (requested) Indio Youth Task Force $3700 (requested) KESQ NEWSCHANNEL 3 $1200 (requested) Total Needed $ 20, 400.00 Total Received $ 0.00 Balance $ 20,400.00 13. Amount of money requested from the City of La Quinta? $ 4 800.00 14. Has your Organization been funded by the City of La Quinta previously? Yes x No If yes, when? 15. Please provide the name and address of the bank in which the organization's funds are kept: Union Bank of California (El Paseo, Palm Desert) 16. Please provide the name and title of those individuals authorized to sign on the Organization's account (must provide at least two individuals): Name: ROBERT F. BOETTO KAREN DEVINE BOETTO Title: COACH TEAM MOM 000] 8 17. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. We are asking rhp Qity of La Quinta to cover—tire—cost.of travel and accommodations for the four players who live in La Quinta. Airline tickets from California to New York are approximately $500 per player. Lodging at All Star Village in Cooperstown, is $740.00 per player. We are asking for $1,200 per player. The total comes to $4,800.00. 18. Goal Statement. Indicate who will benefit from the use of these funds, and how they will benefit. If applying for Economic Development/Marketing and Sponsorships grant funding, please explain how the City of La Quinta and/or local businesses would be benefited. _The baseball Players who live in La Quinta will benefit from the funds. They will fundraise for the next several months to help cover other team costs. For example: trading pins, the cost of sending an umpire for the tournament, team gear, etc. If their travel and accommodations are paid for by the city then there is a -good chance their parents can make the trip too. The city will beneTit w en the ong orns ring ome e c ampions ip ro y. ttend LQ High School and hope to play ball. Also, all four boys are planning to a 19. Marketing/Media Plan. If you are applying for an Economic Development/Marketing grant and your request for funding is above $5,000, you must submit a detailed marketing/media plan for review by the La Quinta Marketing Committee. Your plan must outline all of your advertising and marketing strategies (including, but not limited to: print, radio, television, online, public relations, and signage) and describe how those promotional efforts will benefit the City of La Quinta. 20. Attach copies of the last three months bank statements for the Organization's checking and savings account. 21. Attach a copy of your Program Operating Budget for the current year. 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Tjhe 4 lwQubrw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 3, 2011 BUSINESS SESSION: Z' CONSENT CALENDAR: _ ITEM TITLE: Consideration of the Community Services Commission Work Plan for Fiscal Year 2011-2012 STUDY SESSION: PUBLIC HEARING: Approve the Community Services Commission Work Plan for Fiscal Year 2011- 2012. FISCAL IMPLICATIONS: There are fiscal implications for the Community Services Commission per the Work Plan which are included in the proposed Fiscal Year 2011-2012 budget. These commitments include $56,400 for the Parks/Recreation Marketing Plan including the production and mailing of the Activities Guide and $13,500 for Community Events development. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: On April 11, 2011, the Community Services Commission approved the 201 1-2012 Work Plan (Attachment 1) for City Council consideration. The most significant change to this year's plan is the coordination of the 30`h Anniversary activities and promotion of the new fitness facility at the La Quinta Community Center. The Commission's Work Plan for 2011-2012 contains, in addition to the generalized tasks, specific tasks the Commission wants to accomplish during the 2011-2012 year. The specific tasks are listed on page 2 of the Work Plan and outlined in the following information: 000186 Task: Parks and Recreation Marketing Plan Update The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, cancellation rates, recommend improvements and new promotional opportunities. Special efforts will be made this year to promote the 30`h Anniversary, the new fitness area at La Quinta Community Center, and promote activities and facilities that align with the Healthy Eating Active Living (HEAL) campaign. Task: Park/Trail Planning and Development The Commission will review proposed park and trail development during the work plan time frame. The Commission will provide input into the Parks, Recreation and Open Space Elements of the General Plan Update. Task: Liaison to the Community Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. The Commission is also interested in learning about organizations that work with the City on projects and programs such as the Desert Recreation District, YMCA of the Desert, La Quinta Arts Foundation, and the La Quinta Chamber of Commerce. Task: Community Events Host numerous citywide events throughout the year. Work with community groups and non -profits on events with special attention this year on the 301h Anniversary. Events for Fiscal Year 2011-2012 include: Nature Hikes, Halloween Carnival, Christmas Tree Lighting Ceremony, Breakfast with Santa, Tails on Trails, Youth Egg Hunt, Community Picnic and Birthday Party, Resident Acknowledgements, and Moonlight Movies in the Village. Task: Park Management Plan The Commission will provide staff with input into park conditions and make suggestions regarding park maintenance and repair and replacement needs. Work with Coachella Valley Water District on water usage management. Task: Advisory Body to the City Council The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council, and provide an annual work plan for City Council review. Task: Art in Public Places Update and support the preventative art maintenance program. Continue the Artist's Registry with the La Quinta Arts Foundation, and recommend the purchase ofpublic art to be placed at various Art in Public Places locations throughout the City. • 000100 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the Community Services Commission 2011-2012 Work Plan; or 2. Do not approve the Community Services Commission 2011-2012 Work Plan; or 3. Provide staff with alternative direction. submitted, Edie Hylton' Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Community Services Commission 2011-2012 Work Plan 000191 ATTACHMENT 1 COMMUNITY S E C S COMMISSION GEM of tire DESERT COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation, cultural arts, and community services; ♦ Communicate the availability of services to citizens through both private and public; resources to avoid duplication and conflict of effort; ♦ To evaluate the effectiveness of services provided. ASSIGNMENT ITEMS: PAGE 2011-2012 Specific Goals and Objectives 2 Parks and Recreation Marketing Plan 4 Park/Recreation Planning and Development 5 Liaison to the Community 6 Community Events 7 Park Management Program 8 Advisory Body to City Council 9 Art in Public Places 10 000193 Page 2 of 10 2011-2012 Specific Goals and Objectives ASSIGNMENT ITEMS GOALS AND OBJECTIVES Parks/Recreation Marketing Plan Review and update the Community Services Marketing Plan for implementation by staff. Planning & Development Review proposed park and recreation capital improvements Liaison To Community Invite local service providers to attend Commission meetings to describe services available to residents. Community Events Host numerous citywide events at various locations throughout the year. Work with other community groups and non-profit organizations for the coordination and promotion of 30`h Anniversary Events. Park Management Plan Monitor the park management plan that serves as preventive maintenance and management of existing public park facilities. Advisory Body to City Council Review issues relating to Parks and Recreation and take action as directed from City Council; maintain communication with City Council; and provide annual work plan for City Council review. Art in Public Places Continue to support the preventative art maintenance program based upon the maintenance needs of each art piece. Utilize the Artist's Registry from the La Quinta Arts Foundation in future projects. 000194 Page 3 of 10 Task: Parks/Recreation Marketing Plan Completion Date: August 2011 Participants: Commissioners Suggested Resources: Community Services staff and City Manager's office. Steps to Completion: The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, cancellation rates, surveys, and suggest improvements to the plan. This plan is integrated with the City's Marketing Plan. Promote the La Quinta Community Center fitness facility, Healthy Eating Active Living (HEAL), and the promotion of 30' Anniversary Events. Staff Time: 60 hours during marketing plan development and promotion implementation. Fiscal Commitment: $56,400 plus staff time Staff Role: Provide information and implement the plan. City Council Role: Provide direction to Commission to fulfill this assignment. Reference: 2.95.040 (9): Make recommendations to the City Council on how to disseminate, publicize, and promote recreation programs and events to the citizens of La Quinta. 000,95 Page 4 of 10 Task: Park/Recreation Planning and Development Completion Date: On -going Participants: Commissioners. Staff and User Groups, if needed. Suggested Resources: La Quinta Comprehensive General Plan. Steps to Completion: The Commission will review proposed park and recreation facility development or renovation. Staff Time: 50-60 hours per project depending on scope of project. Fiscal Commitment: Dependant upon the park or recreation project Staff Role: Provide support and liaison to the City Council. City Council Role: Include the Commission in the design and development process and conduct public hearings. Review and consider Commission recommendations. Reference: 2.95.040 (5): Serve as a public forum and conduct public hearings. (11): Review individual park master plans for recommendation to City Council. 000196 Page 5 of 10 Task: Liaison to the Community Completion Date: On -going Participants: Commissioners Suggested Resources: Utilize government agencies and area non -profits including Desert Recreation District, YMCA of the Desert, La Quinta Chamber of Commerce, and the La Quinta Arts Foundation. Steps to Completion: Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. Invite recipients of Community Service Grants to attend Commission meetings to communicate about City supported programs and services. Staff Time: 1 to 2 hours quarterly. Fiscal Commitment: None. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with specific methods as to how to best represent the City Council. Reference: Chapter 2.95.040 (12): Aid in coordinating the park and recreation services of other governmental agencies and volunteer organizations. (13): Make recommendations to the City Council on community issues. Chapter 2.75.040(6): Work cooperatively with City Boards, Commissions and committees, and other public and private organizations promoting art and cultural activities within the City. 000197 Page 6 of 10 Task: Community Events Completion Date: On -going Participants: Commissioners Suggested Resources: Community Resources and local Businesses and non- profit agencies. Steps to Completion: Host numerous citywide events throughout the year. Special Events for Fiscal Year 201 1-2012 include: Halloween Carnival, Christmas Tree Lighting Ceremony, Breakfast with Santa, Tails on Trails, Easter Egg Hunt, Community Picnic and Birthday Party, Moonlight Movies, and Resident Acknowledgements. Staff proposes to coordinate event efforts with non-profit organizations to promote the 301h Anniversary Events. Staff Time: 30 - 40 hours per event. Fiscal Commitment: $13,500 for event development. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with direction/comment. Reference: Chapter 2.95.040 (15): Recommend to the City Council and upon authorization conduct such programs as, in the opinion of the commission, will increase goodwill and participation among the residents of the community. 000198 Page 7 of 10 Task: Completion Date: Participants: Suggested Resources: Park Management Program Summer 2012 Commissioners Various public agencies in the community. Steps to Completion: The Commission will provide staff input to existing park conditions and make comments regarding ongoing park management, maintenance and repair, and replacement. Staff Time: Fiscal Commitment: 15 - 20 hours per week. None. Staff Role: Utilize the Coachella Valley Water District water use assessment and continue with several demonstration projects for the Commission to review and approve. City Council Role: Provide approval for Commission to fulfill this assignment. Reference: Chapter 2.95.040 (10): Review parks maintenance standards and quality. 000,99 Page 8 of 10 Task: Completion Date: Participants: Suggested Resources: Advisory Body to City Council On -going Commissioners To Be Determined. Steps to Completion: The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council, and provide annual work plan for City Council review. Staff Time: 4 - 6 hours per month. Fiscal Commitment: None. Staff Role: Provide support and liaison to the City Council. City Council Role: Provide Commission with specific direction as to how to better assist the City Council. Provide opportunities to meet with City Council through joint meetings. Reference: Chapter 2.95.020 (A): To serve in an advisory capacity to the city council to identify community needs for recreation and social services; Chapter 2.95.040 (4): Receive and act on all assignments made by the city council, and submit reports and recommendations to the city council on these assignments; (5): Serve as a public forum and conduct public hearings for recreation and human service concerns; Chapter 2.95.060 (C): The City Council shall periodically review the progress of the Commission. 000200 Page 9 of 10 Task: Art in Public Places (APP) Completion Date: On -going Participants: Commissioners and staff Suggested Resources: Commissioners, City Council, Developers and La Quinta Arts Foundation and Residents. Steps to Completion: As outlined in the Art in Public Places Strategic Plan Review the proposed artwork in relationship to the site and appropriateness of scale with consideration to diversity of artists, art work, and proposed budget. Continue the art preventive maintenance program based upon the needs of each art piece. Support and promote cultural offerings held in the City. Staff Time: 15 - 20 hours per project. Fiscal Commitment: Funds appropriated from the Art in Public Places Account. Staff Role: Consider site, art piece, and appropriation of funds. City Council Role: Art placement subject to final City Council approval. Reference: Chapter 2.75.040 (12): The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15): The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 000201 Page 10 of 10 Department Report: 18_ � T ow Y.cc�y; 9w5w OF TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Director DATE: May 3, 2011 SUBJECT: Department Report - General Plan Monthly Update City staff from Planning and Public Works, along with consultants from Terra -Nova and Iteris, met together on April 14, 2011 to discuss the results and recommendations of the City-wide traffic survey, modeling program, and the draft Traffic Impact Analysis report. The report provides a snapshot of current traffic conditions, projects future growth and traffic impacts in 2035, and provides recommendations for improving traffic flow and roadway capacity. As the report is still in a draft form, further edits and adjustments are currently underway based upon recommendations and follow-up research being conducted by Planning and Public Works staff. Once those adjustments are completed, the draft Traffic and Circulation Element will be made ready for review and comment before the Technical Advisory Committee (TAC)• Work on the Traffic Impact Analysis and Circulation Element is anticipated to continue through May. A • 0 0 022-y2 F U ry �q �FM OF T4R 9 COUNCIL/RDA MEETING DATE May 3, 2011 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions Approving an Extension of Time for Conditional Use Permit 2007-105 and Site Development Permit 2006-875 for an Approximately 234,450 Square Foot Retail and Medical Office Development on Approximately 25 Acres Located at the Northeast Corner of Washington Street and Fred Waring Drive. Applicant: Mayer Villa Capri, L.P. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Adopt a Resolution of the City Council approving an extension to Conditional Use Permit 2007-105, subject to Findings and Conditions of Approval; Adopt a Resolution of the City Council approving an extension to Site Development Permit 2006-875, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Zoning: Community Commercial (CC) General Plan Designation: Community Commercial (CC) 0 (0+ 0 Surrounding Zoning and Land Uses: North: Community Commercial (CC) — Carwash (Under Construction); Major Community Facilities (MC) — Public Middle School South: Fred Waring Drive; Medium Density Residential (RM) & Golf Course (GC) — Residential Development East: Palm Royale Drive; Low Density Residential (RL) — Residential Development West: Washington Street; Commercial and Residential Development in the City of Palm Desert Environmental Consideration The City of La Quinta Planning Department has determined that the environmental effects of the project which is the subject of this time extension request have been previously assessed in conjunction with Environmental Assessment 2008-582 prepared for this project. In connection therewith, an Environmental Impact Report was certified on March 17, 2009. None of the circumstances that would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166 have occurred. General The applicant has applied for the first one-year extension of time for a commercial and medical office development located on the northeast corner of Washington Street and Fred Waring Drive (Attachment 1). The project was originally approved by City Council on March 17, 2009 (Attachment 2). This extension, if approved, will extend the approval of both the Conditional Use Permit (CUP) and Site Development Permit (SDP) to March 17, 2012. Project Description The approved project is a commercial and medical office complex (Attachment 3). Mayer Villa Capri, L.P. currently owns the entire site; however, the medical complex is proposed to be developed and owned by a different party. The approximately 104,000-square foot commercial complex will be constructed on the existing westerly 12.3-acre parcel, while an approximately 130,450-square foot medical office complex is proposed on the eastern 12.7-acre parcel. While the projects are separate, there will be vehicular and pedestrian connection provided between the two. 000204 Tentative Parcel Map Extension A Tentative Parcel Map (TPM 35088) was also approved by City Council along with the CUP and SDP on March 17, 2009. The map proposed to divide the existing two lots into 10 parcels (Attachment 4). Five parcels would be created for the commercial complex with five parcels for the medical complex. The map's original expiration date was the same as the CUP and SDP, March 17, 2011. However, Assembly Bill 333 (AB 333) automatically extended the expiration date an additional two years. Therefore, TPM 35088 does not expire until March 17, 2013, which is why the map is not included in the extension request along with the CUP and SDP. Revisions to Conditions of Approval Several Conditions of Approval have been amended to identify current standards and procedures of the Public Works Department. The proposed changes are bolded and deleted conditions are lined out in the recommended Conditions of Approval. The applicant is in agreement with the updated Conditions of Approval. Public Notice This request was advertised in The Desert Sun newspaper on April 22 2011, and mailed to all property owners within 500 feet around the project boundaries. As of this writing, no new correspondence has been received. Any comments received will be handed out at the meeting. FINDINGS AND ,ALTERNATIVES: The Findings needed to approve time extensions to the Conditional Use Permit and Site Development Permit can be made as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving extension #1 for Conditional Use Permit 2007-105 to March 17, 2012, subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving extension #1 for Site Development Permit 2006-875 to March 17, 2012, subject to Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council approving the time extensions; or 000205 3. Provide staff with alternative direction. Respectfully n, Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Original City Council staff report and excerpt of minutes for the City Council meeting of March 17, 2009 3. Previously -approved plan exhibits (Council Only) 4. Approved Tentative Parcel Map 35088 000206 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A CONVALESCENT/REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE FOOT RETAIL STORES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON AND FRED WARING DRIVE CASE NO.: CONDITIONAL USE PERMIT 2007-105 EXT. 1 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 3rtl day of May, 2011, hold a duly noticed Public Hearing to consider a request by Mayer Villa Capri, L.P. for approval of a one-year extension of time for a Convalescent/Rehabilitation facility as part of an 130,450± square foot medical office complex and 10,000+ square foot retail stores as part of a 104,000± square foot commercial complex, located on the northeast corner of Washington Street and Fred Waring Drive, more particularly described as: APN: 609-070-053 & 609-070-054 WHEREAS, the City Council of the City of La Quinta, California, did on the 17`" day of March, 2009, hold a duly noticed Public Hearing and approved by adoption Resolution 2009-027, a request by Mayer Villa Capri, L.P. for approval of a Conditional Use Permit; and, WHEREAS, the City of La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act.; and WHEREAS, the Planning Department published a public hearing notice for this request in The Desert Sun newspaper on April 22, 2011, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and 000207 Resolution 2011- Conditional Use Permit 2007-105 Mayer Villa Capri, L.P. Adopted: Page 2 of 4 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Conditional Use Permit time extension: Conditional Use Permit 2007-105 Extension 1 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which is intended to be developed with commercial uses similar to the Convalescent/Rehabilitation and retail uses proposed herein. These commercial/medical uses will therefore help achieve the goals and uses of the CC designation. 2. Conditional Use Permit 2007-105 Extension 1 is consistent with the La Quinta Zoning Code in that it is conditionally permitted under the CC zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed and is conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Conditional Use Permit 2007-105 Extension 1 is in compliance with the requirements of the California Environmental Quality Act. The City of La Quinta Planning Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Approval of Conditional Use Permit 2007-105 Extension 1 will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to or be incompatible with other properties or land uses in the vicinity in that the commercial use is self-contained in a building that has been designed to be compatible with the adjacent medical office buildings and commercial complex surrounding the property. Furthermore, it 000208 Resolution 2011- Conditional Use Permit 2007-105 Mayer Villa Capri., L.P. Adopted: Page 3 of 4 is a significant distance from nearby residential and school uses and will not create conditions, such as noise, odors, traffic, etc. that will be detrimental to adjacent properties. The use of 10,000+ square foot retail buildings will not be detrimental to the surrounding existing and proposed land uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the City Council in this case; 2. That it does hereby acknowledge that Environmental Assessment 2008- 582 has determined that no significant effects on the environment have been identified which cannot be mitigated; and 3. That it does hereby approve a one-year time extension to March 17, 2012 for Conditional Use Permit 2007-105, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 3rd day of May, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California 000209 Resolution 2011- Conditional Use Permit 2007-105 Mayer Villa Capri„ L.P. Adopted: Page 4 of 4 ATTEST: Veronica J. Montecino, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney om)i0 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2007-105 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 rFNFRAI The use of the subject property for a convalescent/rehabilitation facility as part of a medical complex shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 20073-105 Extension 1, Site Development Permit 2006-875 Extension 1, Tentative Parcel Map 35088 and Environmental Assessment 2006-582, unless otherwise amended by the following conditions. The Conditional Use Permit shall expire on March 17, 2012 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 000211 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A MEDICAL OFFICE COMPLEX LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2006-875 EXT. 1 APPLICANT: MAYER VILLA CAPRI, L.P. WHEREAS, the City Council of the City of La Quinta, California did, on the 3rd day of May, 2011, hold a duly noticed Public Hearing to consider a request by Mayer Villa Capri, L.P. for approval of a one-year extension of time for a 104,000± square foot retail complex and 130,450± square foot medical office complex on 25 4- acres located on the northeast corner of Washington Street and Fred Waring Drive, more particularly described as: APN: 609-070-053 & 609-070-054 WHEREAS, the City Council of the City of La Quinta, California, did on the 17`h day of March, 2009, hold a duly noticed Public Hearing and approved by adoption Resolution 2009-026, a request by Mayer Villa Capri, L.P. for approval of a Site Development Permit; and, WHEREAS, the City of La Quinta Planning Department has determined that the request has been assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review in accordance with Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act.; and WHEREAS, the Planning Department published a public hearing notice for this request in The Desert Sun newspaper on April 22, 2011, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Site Development Permit time extension: 000212 Resolution 2011- Site Development Permit 2006-875 Mayer Villa Capri, L.P. Adopted: Page 2 of 4 1. Site Development Permit 2006-875 Extension 1 is consistent with the La Quinta General Plan, in that the project site is designated as Community Commercial (CC) which permits and anticipates the retail and office uses as proposed. The commercial uses will therefore help achieve the goal and permitted uses of the CC designation. 2. Site Development Permit 2006-875 Extension 1 is consistent with the La Quinta Zoning Code in that it proposes commercial uses permitted under the Community Commercial (CC) zoning designation. The project's proposed uses are consistent with the uses identified in the CC district and have been designed or are conditioned to comply with the development standards of the CC district and other Zoning Code requirements such as parking, setbacks, building heights, and landscaping. 3. Processing and approval of Site Development Permit 2006-875 Extension 1 is in compliance with the requirements of the California Environmental Quality Act. The City of La Quinta Planning Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2008-582 prepared for this project for which an Environmental Impact Report was certified on March 17, 2009. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. The architectural design of Site Development Permit 2006-875 Extension 1, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. The proposed Desert Contemporary architectural style, which incorporates flat roofs, stone veneer, metal canopies, and earth tone colors, is internally consistent in architectural design and materials used throughout the project site. 5. The site design of Site Development Permit 2006-875 Extension 1, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development and with the quality of design prevalent in the City. Although the multiple access points along Washington Street and Fred 000213 Resolution 2011- Site Development ]Permit 2006-875 Mayer Villa Capri, L.P. Adopted: Page 3 of 4 Waring Drive may present some circulation issues, a number of traffic -related mitigation measures to reduce circulation impacts were included as part of the environmental review of the project. 6. Site Development Permit 2006-875 Extension 1 landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed and conditioned so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The project will serve to establish an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and comply with City and Coachella Valley Water District water efficiency requirements, ensuring efficient water use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the City Council in this case; 2. That it does hereby acknowledge that Environmental Assessment 2008- 582 has determined that no significant effects on the environment have been identified which cannot be mitigated; and 3. That it does hereby approve a one-year time extension to March 17, 2012 for Site Development Permit 2006-875, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 3rd day of May, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 000214 Resolution 2011- Site Development Permit 2006-875 Mayer Villa Capri., L.P. Adopted: Page 4 of 4 ATTEST: Veronica J. Montecino, CIVIC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Don Adolph, Mayor City of La Quinta, California 000215 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit, 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 9- ote T0 200 n �o+ The Site Development Permit shall expire on March 17, 2012 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal Public, Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • Planning Department Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) 000216 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 2 of 32 • Imperial Irrigation District (IID) • • California Regional Water Quality Control Board (CRWQCB) • Sunline Transit Agency • South Coast Air Quality Management District Coachella Valley . State Water Resources Control Board The applicant is responsible for all requirements of the permits and/or clearances from the: above listed agencies. When the requirements include approval of improvernent plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A pfo}eE and wh then she" subm4 a eepy of the Regional WateF Quality GentFEII Bowel's the issu A California Construction General Permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQC:B") acknowledgment of the applicant's Notice of Intent ("NOI") and Waste Discharge Identification (WDID) number, prior to the issuance of a grading or building permit by the City. 000217 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 3 of 32 r. _p_. __. _... —Tr any �Tiei +R a668ptaRee of all 'FAPFE)vements by the Gity. Bpi RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 4 of 32 .,,. • •_ - • ••� •• H. T af)PFGved by the City EngiA80F. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 at seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 2010-0014-DWQ. A. For construction activities including clearing, grading or excavation of land, the Permittee 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 accepted 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. 000;)19 5) Non -Storm Water Management. RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 5 of 32 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 Council. G. The inclusion in the Master HOA Conditions, Covenants, and Restrictions (C:C&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 6. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 7. 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 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove 000220 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 6 of 32 graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 9. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer 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. 10. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1 1 Washington Street (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Washington Street for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Washington Street: a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a three foot wide raised median, three northbound lanes consisting of a 13-foot wide inside lane, a 12-foot wide middle lane, a 13-foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and b) a 12-foot deceleration/right turn only lane at the Southerly Entry to extend south toward the intersection of Fred Waring Drive to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS and as approved by the City Engineer. 000221 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 7 of 32 Pursuant to the aforementioned conditions, the applicant or his design professional shall properly align said improvements with existing laneage to the south of the Washington Street and Fred Waring Drive intersection as required by the City Engineer. 2) Fred Waring Drive (Major Arterial, 120' ROW) — The standard 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way except an additional variable right of way dedication on Fred Waring Drive: a) at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer. b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet (or length as approved by the City Engineer) to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. c) for a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive as approved by the City Engineer. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW) — Street right of way has been dedicated with recorded Parcel Map 27131. No additional right of way is required to comply with General Plan street widths, except an additional variable right of way dedication 1) at the northerly limits of the Parcel Map of 44 feet from the centerline to align with Palm Royale Drive right-of-way at the Desert Sands Unified School • 000222 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION i MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 8 of 32 District boundary and to transition as required to 36 feet from the centerline at the Rome Drive intersection and 2) on Palm Royale Drive at the Fred Waring Drive intersection measured 42 feet west of the centerline to accommodate one left turn lane, one through lane and one right turn lane and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 12. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1" equals 40 feet, detailing the following design aspects: median curb line, outside wrb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 13. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Site Development Permit prior to approval of grading, 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 a ten -foot wide public utility easement contiguous with, and along both sides of all public streets. Additional on -site utility easements shall be dedicated for this Site Development Permit approval as required by the utility purveyors. 15. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Washington Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. B. Palm Royale Drive (Collector Street) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 000223 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 9 of 32 Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 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 associated Final Map. 17. Direct vehicular access to Washington Street, Fred Waring Drive and Palm Royale Drive from lots with frontage along Washington Street, Fred Waring Drive and Palm Royale Drive is restricted, except for those access points identified on the Site Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final parcel map. 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 IMPROVEMENTS 20. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 120' R/W): Widen the east side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. The east curb face shall be located fifty one feet (51') east of the centerline, except at locations where additional street width is needed to accommodate: 000224 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 10 of 32 a) at the intersection of Fred Waring Drive to provide for three southbound through lanes (existing), a dual southbound left turn lanes to eastbound Fred Waring Drive (existing), a raised median, three northbound lanes consisting of a 13- foot wide inside lane, an 12-foot wide middle lane, a 13- foot wide curb lane and a 9-foot wide parkway as approved by the City Engineer, and b) a 12-foot deceleration/right turn only lane at the Southerly Entry to extend south toward the intersection of Fred Waring Drive and as approved by the City Engineer. Pursuant to the aforementioned conditions, the applicant shall submit plans and construct improvements south of Fred Waring Drive to align with and safely transition to the improvements in a) and b) above as required by the City Engineer. Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: C) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Said sidewalk shall be separated from curb a minimum distance of 1 foot. e) Reconstruct the existing 14 - foot wide raised landscaped median at the Primary Access Drive Aisle on Washington Street to provide for left turn movement into the Primary Access Driveway while restricting left turn movement out 000225 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3. 2011 Page 11 of 32 of the Primary Access Driveway and left turn movement out of Calle Las Brisas on the westerly side of Washington Street as approved by the City Engineer. f) Design and construct traffic signal interconnect improvements along the project frontage to include conduit, pull boxes and other appurtenances for the interconnection of the traffic signals. g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. h) Relocate the SunLine Transit Agency Bus Stop and Shelter as required to incorporate the SunLine Transit Agency requirements within the proposed deceleration lane. The applicant shall extend improvements beyond the property boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 2) Fred Waring Drive (Major Arterial; 120' R/W): Widen the north side of Fred Waring Drive along all frontages adjacent to the Site Development Permit boundary to its ultimate width on the north side as specified in the General Plan and the requirements of these conditions. The north curb face shall be located fifty one feet (51') north of the centerline, except at locations where additional street width is needed to accommodate: a) at the intersection of Washington Street to provide for a 12- foot parkway, 12-foot deceleration/right turn only lane, three westbound through lanes, a dual westbound left turn lanes to southbound Washington Street, and a raised median as approved by the City Engineer. The proposed right of way shall be measured 75 feet north of the centerline of Fred Waring Drive as shown on the approved Site Plan for this Site Development Permit and as approved by the City Engineer. 000226 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 12 of 32 b) for a deceleration/right turn only lane at the westerly most driveway on Fred Waring Drive to provide measured 87 feet north of the centerline of Fred Waring Drive for a length of 248 feet plus storage length and a transition taper of an additional 150 feet or length as approved by the City Engineer. c) For a deceleration/right turn only lane at the easterly most driveway on Fred Waring Drive to the satisfaction of the City Engineer. 0-ther required improvements in the Fred Waring Drive right-of-way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, e) An 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approachas within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Said sidewalk shall be separated from curb a minimum distance of 1 foot. f) A 14 - foot wide raised landscaped median along the entire boundary of the Site Development Permit plus variable width as needed to accommodate 1) a raised median for the dual left turn pockets for the eastbound traffic of Fred Waring Drive to southbound Washington Street and left turn in movements at Palm Royale Drive. g) Reconstruct the raised median at the shared drive aisle at Parcels 5 and 10 for a left turn deceleration lane with a left turn out restrictor for a length and taper up to the dual left 000227 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 13 of 32 turn lanes at the Fred Waring Drive and Washington Street intersection as approved by the City Engineer. h) Modification of the existing traffic signal at the Washington Street and Fred Waring Drive intersection as required by the abovementioned improvements and as approved by the City Engineer and the City of Palm Desert. Applicant shall submit plans and fees required for the City of Palm Desert concurrent approval. i) Class II Bike Lane as approved by the City Engineer. 3) Palm Royale Drive (Pursuant to Parcel Map No. 27131 - Collector Street, 72' ROW): Widen the west side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. The west curb face shall be located twenty four feet (24') west of the centerline, except at locations where additional street width is needed to accommodate: a) Transitional street width required from 32 feet at the northerly boundary adjacent to the Colonel Mitchell Page Middle School to 24 feet at Rome Drive as approved by the City Engineer. b) A deceleration/right turn only lane on Palm Royale at the Fred Waring Drive intersection. The west curb face shall be located thirty two (32') west of the centerline and length to be as approved by the City Engineer to extend from the Access Drive across Rome Drive to Fred Waring Drive. to accommodate one left turn lane, one through lane and one right turn lane, Other required improvements in the Palm Royale Drive right-of-way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs, 000228 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 14 of 32 d) 6-foot wide sidewalk with a planter next to the curb. e) Class II Bike Lane to connect with the existing Bike Lane to the north and as required by the City Engineer. f) The applicant is responsible for 25 % share of the cost to design and install the traffic signal at the intersection of Palm Royale Drive and Fred Waring Drive to be installed by the City of La Quinta with the CIP 2007-06 Project. Additionally, the applicant is responsible to design and construct all traffic signal interconnect equipment including pull boxes, conduit and other appurtenances along the project frontage for the interconnection of this traffic signal with the existing traffic signal at the Washington Street and Fred Waring Drive intersection. g) The applicant shall install interconnect/loop conduits as required. The applicant shall extend improvements beyond the parcel map boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 21. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Collector 4.0" a.c /5.0" c.a.b. Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials 22. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure.. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current 000229 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3. 2011 Page 15 of 32 production. The applicant shall not schedule construction operations until mix designs are approved. 23. General access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary Access Drive (between Parcel 1 and 2): Right turn movements in and out and left turn movements in are permitted. Left turn movement out is prohibited. 2) Secondary Access Drive (northerly end of Site Development Permit): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Fred Waring Drive 1) Service Access Drive: Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Westerly most driveway: Right turn movements in and out turn movements are permitted. Left turn movements in and out are prohibited. 31 Secondary most easterly Access Drive: Right turn movements in and out are permitted. Left turn movements in and out are prohibited. C. Palm Royale Drive 1) Access Drive across Rome Drive: Full turn movements are permitted. 24. 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. 25. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by 000230 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 16 of 32 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 26. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. Accessibility routes to public streets and adjacent development shall be shown on the Precisc Grading Plan. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. Parking stall lengths shall be according to LOW 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. E. Drive aisles between parking stalls shall be a minimum of 26 feet with egress drive aisles a minimum of 30 feet or as approved by the City Engineer. F. Drive-thru aisles shall be a minimum of 12 feet along straight away portions and increased to a minimum 14 feet at bends (to accommodate turning movements). The minimum dimensions shall be paved roadway surface. Additionally for the drive-thru proposed at Building 10, a seven - car minimum stacking capacity is required from the order window to the drive-thru entrance off of the east -west drive aisle or as approved by the City Engineer. Additionally, the applicant shall construct signage and pavement markings to prevent vehicles blocking this east -west drive aisle as approved by the City Engineer. 000231 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3. 2011 Page 17 of 32 G. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. 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. Site Plan dated January 14, 2009 requires additional revisions based on Public Works Department plan review of said Site Plan. 27. General access points and turning movements of traffic to off site public streets are limited to the access locations approved for Parcel Map No. 35088 and these conditions of approval. 28. 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. 29. 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. 30. 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. 31. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by RESOLUTION NO. 2011- CONDITIONS OF APPROVAL- RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 18 of 32 the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 32. The applicant is required to eliminate parking stalls along the main entry drive aisle along the Primary Entry off of Washington Street up to Building 5 as shown on the Site Plan dated January 14, 2009 and as approved by the City Engineer. 33. The applicant is required to redesign the parking lot layout between Buildings 4 and 5 as required by the City Engineer. 34. The applicant is required to address the westerly edge of the westerly parking stalls adjacent to Office Building 11 as approved by the City Engineer. 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. 35. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions; of Section 13.24.040 (Improvement Plans), LQMC. 36. 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. RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 19 of 32 E. Off -Site Street Improvement/Storm Drain Plan F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal G. Washington Street/Fred Waring Drive Traffic Signal Modification Plan 1 " = 20' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. H. Traffic Signal Interconnect Plan 1 " = 40' Horizontal I. Precise Grading Plan 1 " = 30' Horizontal NOTE: E through I to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2010 000234 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 20 of 32 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 Public; Works 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 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. 37. 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. 38. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. . - - - RIM ■ .- - - . - lit 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 000235 RESOLUTION NO.201'1- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 21 of 32 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 40. 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. 41. 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 Site Development Permit, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 42. 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 occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. 000236 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 22 of 32 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. 43. Depending on the timing of the development of this Site Development Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements required for development of this project, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this Site Development Permit. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the first building occupancy. In the event that any of the improvements which this project is conditioned to provide 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 project's proportionate share of the costs of such improvements to the satisfaction of the City Engineer. 44. 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. 000237 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 23 of 32 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. GRADING 45. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 46. 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. 47. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. E. WQMP prepared by an engineer registered in the State of California. 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. 000238 RESOLUTION NO. 2011- CONDITIONS Of APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 24 of 32 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. 48. 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. 49. 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. 50. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Site Development Permit, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 51. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 52. 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 Plan for this Site Development Permit, the applicant 000239 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-675 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 25 of 32 shall submit the proposed grading changes to the City Staff for a substantial conformance review. 53. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The; data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 54. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site plus offsite water to the street centerline tributary area during the 100 year storm shall be retained 'within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. Retention volume requirements are documented in the MSA October 15, 2006 Hydrology Report to equal 8.18 acre-feet. 55. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 000?40 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 26 of 32 57. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 58, No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 59. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 60. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 62. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 64. 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 00024, RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 27 of 32 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. c. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. 111191111111156 65. 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. 66. 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. 67. 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. 000242 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 28 of 32 CONSTRUCTION 68. 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. Temporary occupancy permits, for the purpose of allowing fixture interior improvements will be allowed. LANDSCAPE AND IRRIGATION 69. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 70. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots areas. 71. Landscape and irrigation plans for landscaped lots and setbacks, medians and retention basins shall be signed and stamped by a licensed landscape architect. 72. The applicant shall submit the final landscape plans for preliminary approval by the Planning Department and green sheet sign off by the Public Works Department. After 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 irrigation and landscape plans for on -site planting shall be reviewed by the ALRG Planning Department and approved by the Planning Director prior to issuance of first building permit. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 73. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized 000243 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 29 of 32 with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 74. 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. 75. In both the medical complex and commercial complex diamond shaped tree planters and/or regular planters shall be provided between head of parking spaces and buildings or in adjacent sidewalks to provide code required parking lot shading and soften the buildings appearance. PUBLIC SERVICES 76. The applicant shall provide and/or modify public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. MAINTENANCE 77. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 78. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant will prepare and submit documentation that "runs with the land" for approval by the City Engineer and City Attorney for this continuous and perpetual maintenance obligation. FEES AND DEPOSITS 79. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 80. 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). 000244 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 30 of 32 81. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with Chapter 3.34 of the Municipal Code. MISCELLANEOUS 82. The commercial complex and medical office complex projects may be considered separate projects for plan checking purposes. 83. An exterior lighting plan (parking lot, carports, walkway, building, landscaping) shall be submitted to the Planning Department for approval prior to issuance of first building permit. A photometric study for the parking lot shall be included with the lighting plan complying with Zoning Code Section 9.100.150. Parking lot fixture height shall not exceed 20' above parking lot grade. Side shielding of fixtures shall be provided on all perimeter parking lot fixtures and any other fixture that may glare onto adjacent residential properties, to the satisfaction of the Planning Director. Carport lighting shall be recessed and not readily visible from the side view. Parking lot lights shall be dimmed or partially turned off to "night mode" within one hour of closing. Dimmed lights shall be at a level to maintain safety. 84. Sign programs for each complex shall be submitted to the Planning Department for approval and comply with the requirements of Zoning Code Chapter 9.160. 85. The parking lot perimeter shall be screened from view of public streets through the use of +3' berming and/or 3'-6" high decorative masonry wall to the satisfaction of the Planning Director. 86. Prior to submission of first plan check of architectural, improvement plan, precise plan or grading plan, the applicant shall submit the plans to the Fire Marshal for their review and approval. 87. Height, design and location for all trash enclosures and loading screen walls shall be approved by the Planning Director during plan check of working drawings. 000245 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-875 EXTENSION 1 MAYER VILLA CAPRI, L.P. ADOPTED: MAY 3, 2011 Page 31 of 32 88. The carport design for the medical complex shall be compatible in design, material and color to the approved buildings. Preliminary design plans for the carport shall be submitted to the Planning Director for review and approval prior to building permit submittal. The Planning Director may approve the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 89, Medical complex buildings 11, 12, 13 and 15 shall be architecturally consistent (including design, material and color) with approved building 14. Preliminary plans for buildings 11, 12, 13 and 15 shall be submitted to the Planning Director for review and approval. The Director may approve the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 90. Height of Buildings 11 and 12 shall be no higher than 22' (except limited tower elements) as stipulated in the Image Corridor requirements. 91. The medical complex water feature shall be re -designed to be more water efficient, use less energy, and be more interactive with the general public, pedestrians, and other people using the facilities. The final plans for the water feature shall be included in the final landscaping plans submitted to the City and shall be reviewed by the Planning Commission as a business item prior to approval by the Planning Director. 92. The two story high windows of the medical complex shall be provided with solar protection for summer sun to the satisfaction of the Planning Director. 93. A sample or detailed photographs of the roof equipment screen material for the medical complex shall be submitted to the Planning Director for approval at the time of working drawing plan check. 94. The planters in areas adjacent to the school building grounds shall be heavily planted with canopy trees (minimum 36" box, 2.5" caliper) to provide a visual screen of the commercial complex. All planters along north property line shall be a minimum 10 feet wide to accommodate trees and planting. 95. Design and location plans for all cart returns within the parking lot shall be approved by the Planning Director. 96. Plans for building 1 of the commercial complex shall be architecturally compatible the other commercial complex buildings. Preliminary plans for the 000246 RESOLUTION NO. 2011- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-675 EXTENSION 1 MAYER VILLA CAPRI,L.P. ADOPTED: MAY 3, 2011 Page 32 of 32 building shall be submitted to the Planning Director for review and approval. The Director may approval the plans or have the discretion to forward them to the Planning Commission for consideration as a business item. 97. A palette of designs, colors and materials for the awnings by tenant shall be submitted to and approved by the Planning Director prior to issuance of first commercial complex building permit. The developer shall consider providing "awnings by tenant" as part of initial construction. 98. The proposed water feature at the northeast corner of Washington Street and Fred Waring Drive shall be removed and, in its place, an art piece shall be explored, as part of the City's Art in Public Places Program. 99. All mechanical equipment shall be screened to the satisfaction of the Planning Director. 100. All applicable requirements of CUP 2007-105 Extension 1 and TPM 35088 shall be complied with. 101. All mitigation measures contained in the Final Environmental Impact (EIR) Report for EA 2CI06-582 shall be complied with. Said EIR is on file in the Planning Department of the City of La Quinta. 102. Adjacent to the east side of Building 13 of the Medical Complex, substantial landscaping shall be provided to screen and soften the building 103. The applicant shall consider eliminating parking spaces in each complex to provide additional pedestrian -friendly outdoor public spaces and a pedestrian scale fountain(s). Areas provided shall be included in the final landscaping plans. 104. The applicant shall, to the satisfaction of the City Engineer, comply with all recommendations contained within the Transportation System Management/Transportation Demand Management Study for the Washington Street and Highway 111 Corridors. 000247 ATTACHMENT #2 oq o� C&t,, 4 �W F V S ��CE'� OF Tkt'S�J COUNCIURDA MEETING DATE: March 17, 2009 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions for: 1) Certification of Environmental Impact Report for Environmental Assessment 2008-582, Adoption of Findings Pursuant to California Environmental Quality Act, Adoption of Statement of Overriding Consideration, Adopt a Mitigation Monitoring Program for an Environmental Impact Report, 2) Approval of Site Development Permit. 2006-875 to Allow a Retail Complex and Medical Office Complex on 25+ Acres with Approximately 234,450t Square Feet of Building Area, 3) Approval of Conditional Use Permit 2007-105 and 4) Approval of Tentative Parcel Map 35088 to Divide the Site into 10 Parcels (with 5 Lots for Condominium Purposes) for Property Located on the North Side of Fred Waring Drive, between Washington Street and Palm Royale Drive Applicant: Mayer Villa Capri, L.P. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: 1. Adopt a Resolution of the City Council certifying an Environmental Impact Report (SCH#2007121009) including adoption of CEQA Findings and Statement of Facts, and Statement of Overriding Considerations for Environmental Assessment 2006-582. 2. Adopt a Resolution of the City Council approving Site Development Permit 2006-875, subject to Conditions. 3. Adopt a Resolution of the City Council approving Conditional Use Permit 2006-105, subject to Conditions. 4. Adopt a Resolution of the City Council approving Tentative Parcel Map 35088, subject to Conditions. FISCAL IMPLICATIONS: None 000249 CHARTER ary IMPLICATIONS: None BACKGROUND AND OVERVIEW: Zoning: Community Commercial (CC) General Plan Designation' Community Commercial (CC) Surrounding Zoning and Land Uses: North: CO (Commercial Office), CC (Community Commercial) / vacant land and public middle school South: RL (Low Density Residential)/ country club development East: RL (Low Density Residential)/ Single Family Residential and Coachella Valley Water District (CVWD) well site West: Commercial and residential development in the City of Palm Desert Property Description and History: The property is located on the north side of Fred Waring Drive between Washington Street and Palm Royale Drive in north La Quinta (Attachment 1). The vacant site consists primarily of sand dunes and desert shrubs. A curb and sidewalk exist along Washington Street. Power poles and overhead lines also exist — - along the northern two-thirds of Washington Street. Improvements to Fred Waring Drive in front of the project and at the intersection with Palm Royale Drive, including signalization and raised center medians and curbs, are presently being completed. The subject property was divided into the existing 2 parcels by Parcel Map 31876 in 2003. In early 2004, Mayer Villa Capri proposed a residential subdivision consisting of 48 single family lots on the easterly 15 acre parcel. Additionally, at that time a General Plan Amendment and Zone Change from Community Commercial to Neighborhood Commercial was proposed for the westerly 10 acre parcel. Those applications were recommended for denial by the Planning Commission on March 23, 2004, and eventually withdrawn by the applicant prior to City Council review without any further public hearings (Attachment 2). A lot line adjustment in 2007 revised the westerly lot to 12.3+ acres and the easterly lot to 12.7+ acres. 000250 Surrounding the project site to the east is the Bella Vista single family residential subdivision and a CVWD well site across Palm Royale Drive, with Colonel Mitchell Paige Middle School and vacant commercial land (proposed for a self-service car wash) located to the north, a commercial office complex and Desert Breezes residential project in Palm Desert to the west across Washington Street, and Palm Royale Country Club to the south across Fred Waring Drive. The middle school to the north has installed a steel picket type fence adjacent to their play yard areas along their common boundary with the subject property. PROPOSAL: A commercial complex and medical office complex are proposed to be developed on the subject property. Mayer Villa Capri currently owns the entire site;"However, the medical complex is proposed be developed and owned by a different party. The 104,000± square foot commercial complex will be constructed on the existing westerly 12.3+ acre parcel, while a 130,450± square foot medical office complex is proposed on the eastern 12.7 + acre parcel. While the projects are separate, there will be vehicular and pedestrian connection provided between the two via east -west drives and a common north -south drive adjacent to the projects common boundary connecting to Fred Waring Drive. Commercial Complex The commercial complex will consist of a market with attached retail shop spaces, a freestanding drugstore, and six additional freestanding retail buildings (Attachment 3). The 39,709 square foot market is in the northeast corner of the commercial center site with the 12,900 square foot freestanding drugstore proposed at the southwest corner. In accordance with the permitted uses identified for Community Commercial zoning district, both of these buildings require conditional use permit approval as they exceed 10,000 square feet. Four freestanding retail shops are located near Washington Street, with the two remaining freestanding shops along Fred Waring Drive. The connected shops extend from the east side of the market and run south adjacent to the east property boundary. Though shown on exterior elevations and the landscaping plans, signs will be reviewed under a separate sign program to be considered at a future date. Retention of on -site storm water will occur in three small basins as well as an underground retention system proposed underneath a portion of the parking lot. The three basins will be landscaped with low water use plants and covered with decomposed granite. The basins are located east of the drugstore, east of the market behind the attached shops, and north of Building 9. The underground retention system is just north of the building 9 basin in the parking lot. 000 Parking and Circulation: The commercial complex proposes two driveways along the Fred Waring Drive frontage and two driveways along the Washington Street frontage. The easterly driveway on Fred Waring Drive will be shared with the proposed medical office complex to the east. Offset east -west drive aisles will connect to this driveway and provide access between the commercial and medical complexes. The northern -most driveway on Washington Street, adjacent to the north boundary of the site will provide right -in and right -out access and is intended primarily to provide access for market delivery vehicles. This driveway runs along the north and east commercial complex boundaries and heads south connecting to Fred Waring Drive, essentially separating the commercial complex from the medical complex. It is anticipated that large market delivery trucks will enter the site from the northern -most Washington Street driveway, back into the market loading dock, and pull forward and exit onto Fred Waring Drive. This Fred Waring Drive driveway will provide right -in, right -out and left -in access. The southern -most driveway and main entrance on Washington Street will permit right -in, right. out and left -in access and will lead incoming traffic to the center of the commercial complex. The westerly most driveway access on Fred Waring Drive will also serve as a primary customer access to the commercial complex and will permit right -in and right -out access. The majority of customer parking is located in the center of the site between the market and drugstore. Parking is provided at a ratio of one space per 250 square feet of building area as permitted by City Code for centers of this type. The following is a summation of the parking: Parking required: 415 spaces Parking provided: 507 spaces (including handicap and 24 compact spaces) A preliminary pedestrian ADA (Americans with Disabilities Act) circulation plan has been submitted to the Public Works Department to show how access to the various buildings can be achieved. In addition, pedestrian connectivity to the meandering sidewalks along Washington Street and Fred Waring Drive as well as within the project is identifed in several locations, such as at the Washington Street and Fred Waring Drive intersection as well as between buildings 2 & 3, 8 & 9, and 6 & 7. Pedestrian connectivity is also provided to the medical office complex to the east. Architecture: The commercial complex is designed in a desert contemporary style of architecture, utilizing flat roofs, square edges at corners, pop -outs and recesses, varying colors of smooth plaster walls, stone veneer on towers and walls, metal canopies and 000252 trellis', awnings and curved roof towers. Exterior plaster colors include up to five shades of tan to brown plus a deep green. Metal work and accents will be dark brown with the stone veneer multi earth tone colors. Curved metal roofs, where used, will be standing seam metal in a clear anodized aluminum color. No architectural plans have been submitted for retail , building 1 located along Washington Street. This building will require separate review at a later date. Retail Shops: Building heights are proposed at primarily 20' for the retail shops, but some areas vary slightly. Tower structures are shown on these buildings which are several feet higher than the adjacent building walls (the highest tower being 26'-6"). These buildings utilize vertical and horizontal planes of varying colors and depths. Pop -out columns and soffits create the appearance that the windows and doors are recessed into the suite. All of these retail buildings have at least one freestanding perforated steel shade cover provided over walkway or entry areas. Along shop. fronts the plans allow for awnings over most windows, which are to be decided on by the tenant when they move in. In certain areas steel trellises will be provided over windows and doors. Market: The market, located at the northeast corner of the commercial complex site, is proposed with the same architectural style, colors and materials as the retail shops. The building storefront uses smooth exterior plaster and stone veneer accents. The remaining sides are primarily exterior plaster and integral color precision block, proposed in two colors. The market height varies to a maximum 29'-6" for a small portion of the building at the entry. Much of the balance of the building varies from approximately 24' to 26' in height. A covered two lane drive -through pharmacy window is provided on the northwest end of the building. A screened delivery dock and trash enclosure is provided at the rear of the building. Drugstore: A drugstore is proposed near the intersection of Washington Street and Fred Waring Drive and has been designed consistent in architecture, colors and material with the other buildings in the center. IThe primary building height is 22' with towers extending up to a maximum 27'-6" at the store entry. A covered two lane drive -through pharmacy window is provided on the east side of the building. A screened delivery dock and trash enclosure is located on the north side of the building. Medical Office Complex The proposed medical office complex will consist of five freestanding buildings on 000253 12.7+ acres, with the northern three buildings proposed to be two stories and the southern -two buildings closest to Fred Waring Drive proposed at one story (Attachment 4). Specific design detail has only been provided for one building (building 14•) at this time. The total building square footage of the complex will be 130,450 square feet, with.the center two-story "flagship" building (building 14) being the largest at 44,850 square feet. Signs will be reviewed under a separate sign program at a future date. A convalescent/rehabilitation facility is proposed to be located in the "flagship" building. The facility will provide elective surgeries, primarily for joint repair and similar operations and would include a maximum of 50 private suite rehabilitation rooms, capable of accommodating both long and short term rehabilitation patients. In addition to the beds, the facility will include a dietary/cafeteria space, one or more gym/rehabilitation rooms, therapy pools and nursing stations. The operating room in the facility is designed for elective outpatient surgeries. Total staffing is not yet known. It has yet to be determined if the facility will use all of the building space. If it does not, other medical offices will occupy the balance of the building. This facility requires a Conditional Use Permit in the Community Commercial zone, which has been applied for and is included in your review. The applicant has identified that in addition to the convalescent/rehabilitation facility the balance of the buildings in the complex are expected to contain sports medicine outpatient surgical facilities, medical office space, dialysis, orthopedic offices, family practices and various other specialists. Retention of on -site storm -water will be provided in a large basin at the northeast corner of the site and in an adjacent underground retention system underneath a portion of the parking lot. The unfenced basin will be landscaped with low water use plants and covered with decomposed granite. Parking and Circulation: The medical complex will have one driveway along the Palm Royale Drive frontage and two driveways along Fred Waring Drive, the westerly one being the aforementioned drive to be shared with the commercial complex. The easterly Fred Waring Drive driveway, which will provide right -in and right -out access, leads to the front door of the "flagship" medical building where a circular drive with an entry water feature in the center and drop off area and several close handicap parking spaces are shown. The circular drive intersects an east -west drive that provides access to Palm Royale Drive to the east and the commercial complex to the west. The driveway on Palm Royale Drive will be a full turn access and align with Rome Drive to the east. Rome Drive provides access to the adjacent Bella Vista residential neighborhood. 000254 Parking for the medical complex is required at the convalescent hospital requirement: of one space per four beds for the 44,850 square foot convalescent/rehabilitation facility and one space per 200 square feet of the first 2,000 medical office square footage plus one space per 175 square feet of the balance of the medical office square footage over 2,000 square feet. Using these ratios, the parking required and provided is: Parking required: 483 spaces Parking provided: 717 spaces (including handicap and six compact spaces) The site plan was originally designed for the entire project to be medical offices only. This requires more parking than a project with a convalescent facility. When the 44,850 square foot convalescent/rehabilitation facility was added to the project, the parking lot plan was not revised. Therefore, a large number of excess parking spaces remain. They are provided in case the convalescent/rehabilitation facility leaves and the space is converted back to medical offices. The applicant has also noted that a similar convalescent/rehabilitation facility in Rancho Mirage provides two parking spaces per bed, which would increase the required parking from 13 to 100 spaces for this 50 bed facility. Buildings proposed for office use require a minimum thirty percent of the parking spaces be covered by a carport or trellis. The plan proposes 30% of the spaces be covered, with carports located near each building. However, the majority of the carports are located north and west of the central building. Architecture: Architectural plans for the medical complex buildings focus on and are limited to the main "flagship" 44,850 square feet two-story building. This medical building is designed in a desert contemporary style of architecture utilizing similar architectural features as the retail complex. Exterior colors and materials will be consistent with those proposed in the commercial complex. Metal work and accents, including a curved standing seam metal roof over the tower feature, are to be clear anodized aluminum color, with a stone veneer face on the tower. Entries are provided on all four sides of the building with the main entry facing Fred Waring Drive where the water feature and circular drive are shown. On the south side of the building, following the curve of the circular drive and adjacent to the front door is a covered arcade over the sidewalk. The building parapet is proposed at 30' high, which is lower than the 40' maximum height allowed in the Community Commercial zone. Inside of the parapet wall and mounted to the roof will be a painted louvered equipment screen which will add an 000255 additional four feet of height to the structure. This screen is set approximately 10 feet behind the exterior walls of the building. In addition to providing a necessary screen for the roof equipment, the applicant has also identified that the screen is designed to be an integral architectural feature of the building. A tower (with the curved metal roof) over the north and south building entries will have a parapet wall height of 30 feet, screen wall height of 34 feet, with a maximum height of 43 feet at the entry tower. Plans for the carports have not been submitted, but the applicant has indicated they will be compatible with the desert contemporary architectural style and materials used for the medical buildings. The applicant has submitted a rendering and cross section drawings to show the relative relationships between the northeasterly two story medical office building (Building 13) and the four closest homes that back up to Palm Royale Drive north of Rome Drive. The drawings indicate the 34 foot high (including mechanical screening) office building would vary from approximately 198-238 feet away from the back wall of the neighboring homes to the east. Because of the height of the existing rear yard perimeter wall of the homes and their lower pad grades along Palm Royale Drive the first three homes north of Rome Drive should not see the future two story medical building across the street. As one moves north (from the fourth home north of Rome Drive and beyond), due to the lower perimeter wall height, the building will be seen. Landscape Design (both complexes) A landscape plan for the entire site has been submitted showing specific trees and shrub types (In Attachments 3 and 4). The plan includes a plant palette with sizes for the project. Trees are shown at 24" to 36" box size (with a minimum 2" caliper), with Date Palms at 14' and Mexican Fan Palms at 25' high. Shrubs are shown at 15, five and one gallon sizes (some grasses at one gallon) with groundcovers at five and one gallon size. The landscape design is desertscape in nature with no use of turf indicated. Decomposed granite or gravel will be used in all planters for groundcover. Additionally, landscape plan details are provided for the area around buildings 2-4 of the commercial complex (Attachment 3) and the area around the proposed medical building entry with its proposed water feature (Attachment 4). Along the Washington Street and Fred Waring Drive perimeters an 8' wide meandering sidewalk is shown. Along Palm Royale Drive, a 6' wide sidewalk is shown with a 6' wide planter located between the sidewalk and curb. At the corner of Washington Street and Fred Waring Drive a fountain -type water feature is proposed. Planted retention basins are shown at the northeast corner of the medical complex site adjacent to Palm Royale Drive, and in the commercial 000256 complex to the east of building 10, to the southeast of the market and in the triangular area north of building 9. In front of the medical complex "flagship" building's main entry, south of the circular driveway, an oblong shaped waterfall style water feature is proposed surrounded by planting and the circular drive. Decorative paving is also proposed in the circular drive area of this entry and at the aisle crossing to the south in the main driveway leading to Fred Waring Drive. Water fountain and paver details have not been provided to date. Exterior Lighting (both complexes) Typical parking lot lighting will be provided for both commercial projects. This will consist of standard box fixtures on a pole. Lighting will be provided for the carports in the medical complex. No specific fixture details or photometric plans have been submitted to date. Tentative Parcel Map The Tentative Parcel Map proposes to divide the existing two lots into 10 parcels (Attachment 5). Five parcels would be created for the commercial complex with five parcels for the medical complex. In the commercial complex the market and drugstore will each be on a separate parcel with the balance of the three retail buildings on "the remaining three parcels. Street perimeters are shown as part of the parcel they are adjacent to and not as common parcels. Each of the five medical complex buildings will be on an individual parcel. The interior parcel lines between the parcels will run down the middle of the driveways surrounding the buildings. The retention basin at the northeast corner of the site and street perimeters are included within the parcels versus being identified as common area lots. The applicant has indicated that all or some medical buildings may be sold as condominiums. Therefore, the five medical complex parcels are identified for condominium purposes. 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 000257 February 13, 2009 for the February 24, 2009 Planning Commission hearing and on March 6, 2009 for this City Council hearing. One written comment was received prior to the Planning Commission hearing (Attachment 6), and to date none have been received for the City Council hearing. ENVIRONMENTAL REVIEW Draft Environmental Impact Report A Draft Environmental Impact Report (DEIR) has been prepared, consistent with CEQA requirements (previously passed out to the City Council). The City of La Quinta is the Lead Agency and has the authority for preparation and certification of the DEIR. The DEIR includes a detailed project description and a description of the environmental setting of this project. The DEIR addresses the topics of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Soils and Geology, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, Public Services and Utilities, Recreational Resources, Transportation and Traffic. Potentially significant impacts were identified with respect to Air Quality, Cultural Resources, Geology and Soils, Noise, and Transportation. With the adoption of the mitigation measures proposed in the Draft EIR, the majority of the project impacts can be reduced to less than significant levels. However, a number of traffic impacts and temporary air quality impacts (during the construction phases) remain significant after mitigation measures are required. A number of traffic related mitigation measures are included in the DEIR to reduce impacts associated with the proposed project (page III-1 11 of the DEIR). However, even with these mitigation measures some impacts cannot be mitigated to less than significant levels. Those are: 1. In 2010 the implementation of the proposed project will result in traffic impacts which cannot be mitigated (page M-12 of the DEIR). This is due to the fact that street improvements, such as adding a turn lane, cannot be feasibly accomplished at the following intersections: A. Washington Street at Hovley Lane B. Adams Street at Fred Waring Drive C. Washington Street at Miles Avenue D. Washington Street at Highway 111 E. Washington Street and Avenue 48 2. In 2020 cumulative impacts associated with build out of the General Ilan standards will be unmitigatable. To mitigate these impacts widening Washington Street from Hovley Drive to Avenue 48, Fred Waring Drive west 00025E of Washington Street, and Highway 111 east of Washington Street to eight lanes would need to be done. This is not deemed feasible due to existing development along the streets. CEQA requires an alternatives analysis as part of the EIR process. Four alternatives were identified for consideration in the DEIR: 1) No Project (required); 2) General Plan Build Out/All Retail Development; 3) Reduced Intensity Alternative; and 4) Alternate Land Use Mix Alternative. Analysis of each of these alternatives is detailed in Section V of the DEIR. Only the no project alternative would result in significantly fewer impacts. However, traffic impacts with this alternative would still be significant and unavoidable due to regional traffic growth and cumulative projects in the area. This alternative would not accomplish any of the applicant's project goals. The other alternatives would achieve some of the applicant's project goals, but all would result in significant and unavoidable traffic impacts. Additionally, any of the development alternatives would result in short term grading and construction air quality impacts. CEQA allows public agencies to make findings to approval projects, despite the fact that certain potentially significant adverse environmental impacts identified in the DEIR are not mitigated to a level of insignificance. To do so, the Agency must state in writing the reasons to support its action based upon the EIR and any information in the public record. Such a written statement is called a Statement of Overriding Considerations (SOC) and requires Council consideration and adoption should the Council wish to approve the project. Final EIR and Comments Received on the Draft EIR The DEIR was circulated for public review as required by CEQA with the comment period ending February 27, 2009, three days after the a February 24 Planning Commission hearing. Therefore, comments on the DEIR received by the deadline, including at the Planning Commission hearing are included in the Final. Environmental Impact Report (FEIR) (Attachment 7). The Planning Commission considered the information in the DEIR in making its recommendations to the City Council. Certification of the FEIR is an action to be considered by the City Council. The following comments were received from agencies and interested parties during the public review period: 1. Riverside County Fire Department 2. Coachella Valley Water District 3. Time Warner Cable 4. Native American Heritage Commission 5. Riverside County Transportation Commission 6. The Robert Mayer Corporation 7. Department of Toxic Substances Control 000259 8. Regional Water Quality Control Board Responses to these comments have been prepared and are part of the Final Environmental Impact Report. The Fire Department provided several general comments pertaining to fire planning, services and requirements, as well as one correction to the DEIR text pertaining to fire standards. Comments from the Coachella Valley Water District only include two corrections to the DEIR text pertaining to water resources. The applicant questioned the air quality mitigation measure (MM 3) requiring all structures within the proposed project shall demonstrate energy efficiency which exceeds the standards of Title 24 of the Uniform Building Code by 20%. This mitigation measure was included in the EIR to address greenhouse gases and global warming. Although there are no thresholds established for greenhouse gases as of yet, the City is required to work towards reducing its greenhouse gas emissions 1990 levels. While no uniform threshold of significance has been officially adopted in California, numerous proposed thresholds have been developed. The greenhouse gas emission from this project [7.458 metric tons of combined carbon dioxide equivalent (CO2e) per year at build out, not including construction emissions] would be above some of the lower thresholds and below some of the higher proposed thresholds. The suggested thresholds of significance range from a low of 900 metric tons per year of. CO2e (the California Air Pollution Control Officers Association suggested threshold) to a high of 38,477 metric tons per year (the San Joaquin Valley Pollution Control District adopted standard). The SCAQMD has adopted a threshold of 10,000 metric tons of CO2e per year, but requires the inclusion of construction emissions amortized over 30 years. The City has not adopted a specific numeric threshold. However, City Staff and its environmental consultant believe that the CO2e emissions from the operation of this project are large enough that they warrant specific reduction efforts. Currently, the site produces no CO2e emissions as it is undeveloped. The project as proposed will increase greenhouse gas emissions, and although the impact is not been labeled "significant," this in part is because La Quinta had not adopted a numeric threshold. For this reason, reductions should be applied wherever possible to meet the State mandated targets. The 20% reduction is consistent with guidelines being published, and other legislation and programs being implemented in California to reduce greenhouse gases. As there is no threshold established, the 20% recommended an alternate mitigation measure is recommended as follows: `Unless determined to be an unreasonable hardship by the City Planning, Director, all structures shall exceed the minimum standards set forth in the 2007 California Energy Code (Title 24, 000260 Part 6) by 20%. if it is determined by the Planning Director that compliance with this measure creates an unreasonable hardship, the measure may be reduced to the highest level determined feasible by the Planning Director but in no case shall it be reduced below the minimum standard set forth by the California Energy Code in effect at the time of building permit submittal. " Staff envisions including a similar standard in the General Plan during the next update. This revision will allow the project to be constructed even if the 20% reduction in energy consumption is not reached as long as it shown that a valid attempt has been made. This change in the mitigation measure would not significantly change the intent of the measure, would not represent a significant change in the analysis or conclusions of the EIR, and would not require recirculation of the document. Other comments were general or standard in nature and are included as noted items. CEQA Findings and Statement of Facts The California Environmental Quality Act and particularly the CEQA Guidelines require that: "No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects on the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the Project which avoid, or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the final EIR." In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts 000261 that would otherwise occur with implementation of the Project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency. For those significant effects that cannot be mitigated to a less -than -significant level, the public agency -is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. The Guidelines state in Section 15093 that: "If the specific economic, social, technological, or other benefits of a proposfed] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable." The required CEQA Findings and Statement of Facts for the Proposed Project are incorporated into the City Council Resolution for the Final Environmental Impact Report 2008-582 as Exhibit "B." Benefits of Implementing the Proposed Project and Statement of Overriding Considerations CEQA requires the City as Lead Agency, to balance the benefits of the proposed Project against its unavoidable significant adverse impacts, and to determine whether the Project related significant impacts can be acceptably overridden by the Project benefits when the impacts and benefits are compared and balanced. The proposed Project is anticipated to cause Project specific or contribute to cumulative unavoidable significant adverse environmental impacts as described the EIR. The required CEQA Statement of Overriding Considerations is incorporated into the City Council Resolution for the Final Environmental Impact Report 2008-582 as Exhibit "A." The benefits of the proposed Project resulting from the implementation of the proposed Project, as detailed in Exhibit "A," outweigh the Project specific and cumulative unavoidable adverse environmental effects. The benefits from approving the proposed Project, as outlined below and in Exhibit "A", can be considered by the City Council in performing the balancing test with those unavoidable significant adverse environmental impacts previously described. The following benefits can be found to outweigh and make acceptable the unavoidable significant adverse impacts of the proposed Project as described in the Final EIR, this document and other information in the record. Each benefit can constitute an overriding considerationwarranting approval of the Project, independent of other benefits, despite each and every unavoidable impact. Expansion of retail, commercial and service opportunities - Implementation of the Project will enhance the retail and service experience for costumers and clients, and attract new businesses to the City, which will promote investment and create new employment opportunities within the City of La Quinta. The Project will add 000262 to the total square footage of community retail and medical office space in the City needed to achieve the benchmarks in the Economic Development Plan; the Project anticipates building 104,000 square feet of retail and 130,450 square feet of medical office space. Enhancement of retail and service experience and expansion of employment opportunities — The Project will enhance the quality of life in the City of La Quinta by enhancing the retail and service experience as well as promoting investment and creating new employment opportunities in La Quinta associated with retail and medical office businesses. Sales tax revenue and fees - The Project would generate development that will contribute to future sales tax revenues and Development Impact (DIF) Fees for the City of La Quinta. The DIF Fees will contribute to implementation of the public infrastructure improvements included in the City's Capital Improvement Program. Expansion of and proximity to professional services - The Project will provide opportunity for additional conveniently located professional services in La Quinta. The rehabilitation facility will allow opportunity for La Quinta residents to utilize such services locally. In conclusion, the benefits identified, collectively and individually, outweigh the unavoidable, Project specific and cumulative significant unavoidable adverse impacts. PLANNING COMMISSION ACTION The Planning Commission considered this request at their meeting of February 24, 2009 (Attachment 8). One person from the Bella Vista neighborhood spoke. The resident lives on the east side of Milan Court, which is one block east of Palm Royale Drive and commented that he felt his view to the west would be detrimentally affected by the construction of the medical complex. The major concerns brought up by the applicant focused upon the recommended conditions of approval that called for Building 13 of the medical center to be limited to one story rather than two stories as proposed, the requirement for a city entry sign at the Fred Waring Drive and Washington Street intersection and the requirement for tower height of the drugstore be limited to not exceed 26 feet. The applicant also expressed concern with the mitigation measure identified in the DEIR relevant to greenhouse gas emissions. The measure as written in the DEIR requires all structures within the proposed project demonstrate energy efficiency exceeding the standards of Title 24 of the Uniform Building Code by 20%. The applicant identified that this measure would be financially infeasible. The Planning Commission raised a number of issues pertaining to the proposed project. Those issues included energy efficiency, especially with regard to the 000?6,3 extensive glass use in the medical complex, water use from the corner fountain and medical entry area water feature, the feasibility of the recommended city entry sign on the corner of Washington Street and Fred Waring Drive and replacement with public art, the lack of a deceleration lane into the medical complex on the easterly Fred Waring Drive, lack of public gathering areas and pedestrian scale, in general, as well as in conjunction with the medical complex water feature and concerns brought up by the applicant pertaining to the recommended conditions. After closing the public hearing and deliberating, the Planning Commission ultimately concluded that two stories for Building 13 and the extra tower height for the drugstore was acceptable and have included this in their recommendation to the City Council. Since the DEIR comment period did not conclude until after the Planning Commission meeting, the Commission did not take action specifically on the applicants request regarding the greenhouse gas emissions mitigation measure. With regard to the medical center water feature the Commission concluded that it should be redesigned to be more water efficient, use less energy, and be located to where it could be in immediate proximity to pedestrians. To enhance pedestrian friendliness the Commission has made a recommendation for the removal of some of the excess parking spaces in order to provide additional public area in both complexes. The Commission concluded that the condition for a city entry sign should be deleted as the sign is best suited for the southeast corner of this intersection. Commissioners recommended the fountain proposed for the same corner of the project be replaced with a public art piece. Due to the heavy traffic on Fred Waring Drive, the Commission felt a deceleration lane should be added for the easterly medical complex driveway and has recommended this to the City Council. This would result in two of the three driveways along Fred Waring Drive having deceleration lanes. The other is for the westerly driveway serving the commercial complex. The Planning Commission recommended to the City Council approval of all applications, on 5-0 votes for the Conditional Use Permit and Tentative Parcel Map and 4-1 with Commissioner Weber voting no on the Site Development permit. TRANSPORTATION DEMAND MANAGEMENT On September 18, 2007, during a Study Session item discussing the traffic impacts of development projects to the Washington Street and Highway 111 corridors, City Council directed staff to complete two items: 1) optimize traffic signal operation at Highway 111 and Washington Street, and 2) commission a 000264 report to study alternatives for improvements to the northern portion of the Washington Street Corridor. The City's takeover of Highway 111 has allowed greater flexibility coordinating signals on both Highway 111 and Washington Street. However, improving the northern portion of Washington Street has required coordination with Palm Desert, Indian Wells and Riverside County as all have jurisdiction over this roadway. Coachella Valley Association of Governments (CVAG) has agreed to participate in this project by funding 75% of the cost of a corridor study. On March 17, 2009, City Council will be .asked to consider the award of a consultant services contract for the study of Transportation System Management (TSM) and Transportation Demand Management (TDM) for the Washington Street Corridor. This study will develop and evaluate TSM/TDM alternatives to reduce travel delays either through: a) a more effective use of existing capacity, b) adding capacity (if feasible), c) traffic signal synchronization, d) encouraging motorists to use transit, car/van pooling, etc., e) encouraging motorists to travel at less congested times, and/or f) encouraging pedestrian and bicycle alternatives. The TSM/TDM Study will identify options to address existing and anticipated congestion along the Washington Street Corridor. .Since the subject project is located within a critical link in this corridor, The Public Works Department recommends the following condition of approval be added to the recommended conditions of approval for the tentative parcel map and site development permit for the subject project: The applicant shall at a minimum establish and administer a transportation demand management plan in accordance with LOMC 9.780 — Transportation Demand Management. In addition, the applicant shall, as directed by the City Engineer, implement a// TOM programs identified in the Transportation System Management/Transportation Demand Management Study for the Washington Street and Highway 111 Corridors. Since it would have been inappropriate for them to consider a condition of approval on an item that had not yet been considered by City Council, this condition of approval was not included ,in the agenda packet for the Planning Commission meeting of February 24, 2009 when the Commission considered the Mayer Villa Capri project. For your consideration, this condition has been included as Condition #102 in the recommended Site Development Permit Resolution and Conditions of Approval and as Condition #82 in the recommended Tentative Parcel Map Resolution and Conditions of Approval. 000265 FINDINGS AND ALTERNATIVES: The Findings, as noted in the attached Subdivision Ordinance, and CEQA, can Conditions of Approval. Resolution, required by the Zoning and be made, subject to the recommended The City has identified all of the adverse environmental impacts and feasible mitigation measures which can reduce potential adverse environmental impact to insignificant levels where feasible, or to the lowest achievable levels where significant adverse unavoidable adverse environmental impacts remain. The findings have also analyzed three alternatives to determine whether they are reasonable or feasible alternatives to the proposed Project, or whether these alternatives might reduce or eliminate the. significant adverse impacts of the proposed Project. The Final .BR presents evidence that implementing the proposed Project will contribute to significant adverse impacts which cannot be substantially mitigated to an insignificant level. All feasible alternatives and mitigation measures are recommended for adoption or identified for implementation by the City and other agencies where appropriate. The City finds that the Project's benefits are substantial as outlined, and that these benefits justify overriding the unavoidable significant adverse impacts associated with the proposed Project. The City further finds that the; benefits, when balanced against the unavoidable significant adverse impacts, outweigh these impacts because of the environmental, social and economic benefits which accrue to the City. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying an Environmental Impact Report (SCH#2007121009) including adoption of CEQA Findings and Statement of Facts, and Statement of Overriding Considerations for Environmental Assessment 2006-582. Adopt a Resolution of the City Council approving Site Development Permit 2006-875, subject to Conditions. Adopt a Resolution of the City Council approving Conditional Use Permit 2006-105, subject to Conditions. Adopt a Resolution of the City Council approving Tentative Parcel Map 35088, subject to Conditions; or 2. Do not adopt the Resolutions approving the Project; or 3. Provide staff with alternative direction. 000266 Respectfully submitted, VJnson, Les Planning Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Planning Commission minutes for the meeting of March 23, 2004 3. Commercial Complex plans 4. Medical Complex plans 5. Tentative Parcel Map exhibit 6. Letter received via e-mail 7. Final Environmental Impact Report 8. Draft Planning Commission Minutes for the Meeting of February 24, 2009 000267 City Council Minutes 15 March 17, 2009 RESOLUTION NO. 2009-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 30.2± ACRES INTO 94 RESIDENTIAL SINGLE FAMILY LOTS AND OTHER MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 31434 - MONROE DATES, LLC) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-I324 as amended (amending the conditions to allow a 15-foot wide setback on Lots 24 and 25 and the play station amenity to be optional). City Attorney Jenson clarified the amended amendments are to Condition Nos. 81 and 88. Motion carried with Mayor Adolph absent. 2. PUBLIC: HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT 2008-582, ADOPTION OF FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTION OF STATEMENT OVERRIDING CONSIDERATION, ADOPT A MITIGATION MONITORING PROGRAM FOR AN ENVIRONMENTAL IMPACT REPORT; 2) APPROVAL OF SITE DEVELOPMENT PERMIT 2006-875 TO ALLOW A RETAIL. COMPLEX AND MEDICAL OFFICE COMPLEX ON 25+ ACRES WITH APPROXIMATELY 234,450 t SQUARE FEET OF BUILDING AREA; 3) APPROVAL OF CONDITIONAL USE PERMIT 2007-105; AND 4) APPROVAL OF TENTATIVE PARCEL MAP 35088 TO DIVIDE THE SITE INTO 10 PARCELS (WITH 5 LOTS FOR CONDOMINIUM PURPOSES) FOR PROPERTY LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P. Principal Planner Sawa presented the staff report. In response to Council Member Kirk, Public Works Director Jonasson explained one deceleration lane into the commercial site was proposed, and the Planning Commission added a condition to require an easterly deceleration lane into the medical facility. He explained the traffic study did not meet the 50-vehicle threshold during peak hours, which was established when the project was first brought before the City Council. Planning Director Johnson further explained the concern of the Planning Commission was with patrons to the medical complex entering on the first entrance and the potential for rear -end accidents; and the truck routing would be from 000268 City Council Minutes 16 March 17, 2009 Washington Street, unloading at the back side of the building and exiting at the center drive isle to Fred Waring Drive. In response to Council Member Kirk, Principal Planner Sawa confirmed the Planning Commission determined the view impact was not as severe as staff's assessment. Planning Director Johnson stated the applicant will initially install the core infrastructure, driveways and perimeter improvements for both sites. Public Works Director Jonasson stated standard language to ensure bonds are in place for the improvements and subdivision improvement agreement. In response to Council Member Franklin, Planning Director Johnson explained the number of parking spaces allocated for the medical building is just under the requirement for all five buildings to be medical offices. Mayor Pro Tem Henderson asked staff to explain a reference regarding Title 24 on Page 24. Planning Director Johnson explained it is a response to the AB 32 Greenhouse Gas Emissions provision and was identified as a mitigation measure in the draft EIR. He stated language has been added to provide some flexibility because Title 24 requirements are expected to increase in August 2009; it also provides flexibility to address a hardship on an administrative level. Mayor Pro Tem Henderson expressed caution on these issues as AB 32 and SB 275; are under serious consideration for suspension for a period of time. Planning Director Johnson suggested the applicant talk with the local electric provider as programs are available to assist in compliance with the legislative requirements. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:57 p.m. Larry Burrows, representing Mayer Villa Capri, stated the property is two separate parcels; the retail center is an asset the Mayer and Gordon family will manage for years to come, and the medical buildings are a part of a partnership with Mayer and Medical Real Estate Development. He noted it is in their best interest to make sure the perimeter improvements are completed. He stated they are in agreement with the condition related to the Title 24 issues. Marvin Roos, of MSA Consulting, reviewed parking for the medical building site, landscaping, and the elimination of the water feature in front of the building. He also reviewed pedestrian access between the projects, food court areas at the retail site, the extended deceleration lane, raised median on Washington Street, and increased size of the pedestrian plaza. He stated 000269 City Council Minutes 17 March 17, 2009 61 parking spaces have been eliminated but the project is still in excess for medical use. In response to Council Member Kirk, Mr. Roos explained the wall height depicted in the view shot is six feet. Regarding the lane study, he confirmed they are seeking three entries from Fred Waring Drive and are aware of the full access constraints. As for adding another deceleration lane, he voiced concern about eliminating 30 more parking spaces. He noted the City policy for requiring deceleration lanes is based on 50 trips per hour during peak hours; and stated one entrance is estimated at 40 trips per hour and the other is estimated at 12 trips per hour. Council Member Kirk inquired about visibility of the rear elevation of the market, and would the applicant be willing to add some vertical elements. John Vuksic, the architect, stated the rear elevation will be visible from the middle school. He questioned the vertical treatments bringing anything to the project but is willing to consider it. Council Member Kirk requested the architect point out the unique elements of the project. Mr. Vuksic stated there are several layers to the buildings and strong shading elements throughout the complex. In response to Mayor Pro Tem Henderson, Mr. Burrows stated the two water features have been eliminated. In regard to Title 24, he stated the developer is in agreement with the policies, and do not anticipate a significant impact to the project. Mayor Pro -Tem Henderson asked if the City has imposed the 20% requirement on other projects, to which Planning Director Johnson responded, "Yes." Ian Rhodes inquired about traffic and suggested a roundabout be installed. Scott Arthur voiced concern about the amount of traffic the project will produce:, and stated there is already a considerable amount of traffic on Palm Royale Drive. He questioned why traffic for this project is not kept on the main thoroughfare and expressed safety concern for children walking in the area; he: suggested moving the entrance to the rear of the property. There being no additional requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 8:31 p.m. Council Member Kirk requested staff address the suggestion for a roundabout, and moving the entry north on Palm Royale Drive. 0002.10 City Council Minutes 18 March 17, 2009 Public Works Director Jonasson stated the roundabout might impede on the traffic signal at Palm Royale Drive; and moving the driveway to the north would not be a problem but would entail major changes to the site plan. Council Member Kirk stated the environmental analysis indicates traffic cannot be mitigated but does not include Palm Royale Drive and Fred Waring Drive. Planning Director Johnson reviewed the intersections that cannot be mitigated, which does not include Palm Royale Drive and Fred Waring Drive. Council Member Kirk conveyed empathy for traffic in the neighborhood but feels the citywide benefit of the project outweighs the impacts to the neighboring communities; and noted the buffer of office buildings is good for the neighboring residents. He stated the Planning Commission recommendation for a deceleration lane is appropriate; this is not a pedestrian project because few people will be walking to the project but he appreciates the minor modifications for pedestrian use. He referenced the lack of trees in much of the parking areas, and suggested more pop -outs and shade closer to the buildings on the medical office site. Council Member Sniff agreed the project needs more covered parking and shade trees, but otherwise supports the project, Council Member Franklin concurred with Council Member Kirk's comments. Mayor Pro Tem Henderson stated she feels the 20% standard of Title 24 is a little excessive and suggested a compromise of 10%. She also conveyed a desire for some type of water feature. Council Member Kirk stated the Planning Commission has been very sensitive regarding water efficiency issues as directed by the City Council as long as a project is meeting its target. He is not opposed to directing staff to approve a pedestrian -scale water feature. Council Member Sniff stated he agrees with the judicious use of water. Council Member Kirk stated he supports the Planning Commission's recommendation of 20% for Title 24, noting it is likely to be higher in the near future. In response to Mayor Pro Tern Henderson, Planning Director Johnson confirmed the 20% is based on the current Title 24 and would not increase: with any changes in August. 000271 City Council Minutes 19 March 17, 2009 RESOLUTION NO. 2009-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE VILLA CAPRI PROJECT (SITE DEVELOPMENT PERMIT 2006-875, CONDITIONAL USE PERMIT 2007-105, AND TENTATIVE PARCEL MAP 35088) IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN SIGNIFICANT ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED BUT CAN BE REASONABLY AND SUBSTANTIALLY MITIGATED IF THE PROPOSED PROJECT IS IMPLEMENTED (ENVIRONMENTAL ASSESSMENT 2006-582 — MAYER VILLA CAPRI, LP.) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-025 as submitted. Motion carried with Mayor Adolph absent. RESOLUTION NO. 2009-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A MEDICAL OFFICE COMPLEX LOCATED ON THE NORTH SIDE OF .FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. (SITE DEVELOPMENT PERMIT 2006-875 — MAYER VILLA CAPRI, LP.) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-026 as amended (requiring additional shade in the medical complex parking areas as approved by the Planning Director and a pedestrian -scale water feature also to be approved by the Planning Director and subject to the water efficiency ordinance). Motion carried with Mayor Adolph absent. RESOLUTION NO. 2009-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONVALESCENT/REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE -FOOT RETAIL STORES LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. (CONDITIONAL USE PERMIT 2007-105 — MAYER VILLA CAPRI, LP.) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-027 as submitted. Motion carried with Mayor Adolph absent. 000272 City Council Minutes 20 March 17, 2009 RESOLUTION NO. 2009-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 25t ACRES INTO TEN PARCELS (FIVE FOR. CONDOMINIUM PURPOSES) LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. (TENTATIVE PARCEL MAP 35088 — MAYER VILLA CAPRI, LP.) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-028 as submitted. Motion carried with Mayor Adolph absent. The City Council meeting was recessed. The City Council meeting was reconvened. Mayor Pro Tem Henderson suggested Study Session Item No. 3 be continued to the April 7, 2009 meeting. STUDY SESSION ....... continued 2. DISCUSSION OF THE DRAFT FISCAL YEAR 2009/2010 THROUGH 2013/2014 CAPITAL IMPROVEMENT PROGRAM. Public Works Director Jonasson presented the staff report. In response to Mayor Pro Tem Henderson, Public Works Director Jonasson explained the identification of $2.2 million for Jefferson Street is included with Add Project No. 12; the on -going maintenance is not identified and the funding source is to be determined. He stated the east side lots are in a better situation because the old par 3 course behind it can possibly be incorporated into the City's lots. Mayor Pro Tem Henderson stated she agrees with moving the mid -block crossing project out of the capital budget but does not want it totally removed. Engineering Consultant Nickerson stated staff has calculated the annual operating costs for the parkways on Jefferson Street at $12,000. Council Member Sniff stated the proposed Capital Improvement Program is ambitious, and asked if funds are on hand and readily available to complete the projects. Public Works Director Jonasson explained there are sufficient 000273 ATTACHMENT #3 000274 �OU�� 78 D0U� 79 (Q � i hot'. ,'- C N� / � 4 ,,_ _ 5.:,,,, Y < � � °y�y S 3�- r 4 �` r y y �' ! 2e^ ?Ya3'v�'f� i 4 ���y��•+� j G I r 1� r � i, r i Irpi r C3tsq A N r. -r 3 P 1 � R e e gY � , 6 I i.. _ 0 0 oo 000284 i _ A S m O 1 i. py ---�i-- 1, rn pa I m - I I ,` I i 1 i i i i i 1 i 000286 :7 n IT F 0OU287 0 p 70 a O ❑ e� 6' 70. m 11 QtQ�� o- r � D .J i� i51 36�^tee A. 40 0 Y[� 000288 :m::'. 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