2011 05 17 CCNOTICE AND CALL OF SPECIAL MEETING
OF THE LA QUINTA CITY COUNCIL
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AND TO
THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the
City of La Quinta is hereby called to be held on May 17, 2011 at 2:00 p.m., at La
Quinta Civic Center, City Council Chamber, 78495 Calle Tampico, La Quinta, CA
92253.
Dated: May 13, 2011
Attest:
Veronica J. Montecino, CMC
City Clerk
/s/ Don Adolph
Mayor
DECLARATION OF POSTING
I, Veronica J. Montecino, CMC, City Clerk of the City of La Quinta, do hereby
.declare that the foregoing agenda for the Special La Quinta City Council meeting of
May 17, 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 May 13, 2011.
DATED: May 13, 2011
Veronica J. Montecino, City Clerk
City of La Quinta, California
oil
City Council Agenda 1 May 17, 2011
. City Council agendas are
available on the City's web page
@ www.la-quinta.org
CITY COUNCIL
CITY COUNCIL CHAMBERS
78-495 Calls Tampico
La Ouinta, California 92253
Regular Meeting
TUESDAY, MAY 17, 2011
2:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. 2011-034
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. Persons identified as negotiating parties are not invited into the Closed
Session meeting when acquisition of real property is considered.
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION -
CITY MANAGER
2. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND THOMAS
P. GENOVESE REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY
-» 002
CITY COUNCIL AGENDA 1 MAY 17, 2011
EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION.
54957.6 MEET AND CONFER PROCESS
RECESS TO CLOSED SESSION AND TO REDEVELOPMENT AGENCY
RECONVENE AT 4:00 P.M.
a-oo P_M_
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CONFIRMATION OF AGENDA
PRESENTATIONS
1. PALM SPRINGS AIRPORT COMMISSION REPORT BY NANCY DORIA
WRITTEN COMMUNICATIONS - NONE
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF MAY 3, 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 17, 2011
2. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2011
3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT FOR MARCH 31,
. 2011
4. APPROVAL OF FISCAL YEAR 2010-2011 CALIFORNIA DEPARTMENT OF
RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) RECYCLING
GRANT
5. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT
MAP NO. 30096-1, PUERTO AZUL, PUERTO AZUL PARTNERS, LLC
CITY COUNCIL AGENDA 2
MAY 17, 2011 w O P 3
6. APPROVAL OF A CITY OF LA QUINTA MARKETING PLAN FOR FISCAL
YEAR 2011-2012
7. ADOPTION OF A RESOLUTION TO REAFFIRM ADOPTION OF THE ANNUAL
ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO
CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE
COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS
UNDER CSA 152
8. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO
ADVERTISE FOR BID THE NEW TRAFFIC SIGNAL AND STREET
IMPROVEMENTS AT DUNE PALMS ROAD AND A STREET, PROJECT NO.
2009-10
9. APPROVAL OF A LEASE AGREEMENT WITH THE FAMILY YMCA OF THE
DESERT FOR USE OF THE CITY -OWNED FACILITY
10. ACCEPTANCE OF SPORTS COMPLEX REHABILITATION PROJECT NO.
2007-19, APPROVAL OF CONTRACT CHANGE ORDER NO. 5, AND
APPROPRIATION OF ADDITIONAL FUNDING
11. APPROVAL OF APPROPRIATION OF FIRE TAX CREDIT FUNDS FOR CLOSE-
OUT OF FIRE STATION 32, PROJECT NO. 2008-03
12. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM
COACHELLA VALLEY SERVING PEOPLE IN NEED
BUSINESS SESSION
1. CONSIDERATION OF AN ART PURCHASE AGREEMENT FOR HISTORIC
PLAQUES AT VARIOUS LOCATIONS IN THE CITY
A. MINUTE ORDER ACTION
2. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE
CHAMBER OF COMMERCE WORKSHOP / INFORMATION EXCHANGE
COMMITTEE
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
CITY COUNCIL AGENDA 3 MAY 17, 201`1' • 004
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)
18. INVESTMENT ADVISORY BOARD MINUTES DATED MARCH 9, 2011
19. COMMUNITY SERVICES COMMISSION MINUTES DATED APRIL 11, 2011
20. PLANNING COMMISSION MINUTES DATED MARCH 8, 2011
21. HISTORIC PRESERVATION COMMISSION MINUTES DATED MARCH 17, 2011
DEPARTMENT REPORTS
1. CITY MANAGER
A. RESPONSE(S) TO PUBLIC COMMENTS
B. VISTA DUNES COURTYARD HOMES CASE STUDY
C. REPORT ON THE CITY OF LA QUINTA AND COACHELLA VALLEY
WATER DISTRICT'S COOPERATIVE LANDSCAPE WATER
MANAGEMENT PROGRAM
2. CITY ATTORNEY
3. CITY CLERK
A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR
4. BUILDING & SAFETY DEPARTMENT REPORT FOR APRIL 2011
5. COMMUNITY SERVICES DEPARTMENT REPORT FOR APRIL 2011
6. FINANCE DEPARTMENT REPORT - NONE
7. PLANNING DEPARTMENT REPORT FOR APRIL 2011
8. PUBLIC WORKS DEPARTMENT REPORT FOR APRIL 2011
9. POLICE DEPARTMENT REPORT FOR APRIL 2011
10. FIRE DEPARTMENT QUARTERLY REPORT - NONE.
005
CITY COUNCIL AGENDA 4 MAY 17, 2011
MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE
RECESS TO REDEVELOPMENT AGENCY MEETING
RECONVENE AT 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT
At this time members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
PRESENTATIONS — NONE
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be filed
with the City. Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing or appear
in support or opposition to the approval of a project. If you challenge a project in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to the public
hearing.
1. PUBLIC HEARING TO ADOPT A RESOLUTION CONFIRMING THE DIAGRAM
AND ASSESSMENTS FOR FISCAL YEAR 2011-2012 FOR LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1
A. RESOLUTION ACTION
2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO
APPROVE A ONE-YEAR TIME EXTENSION FOR SITE DEVELOPMENT PERMIT
2006-852, FOR A 264-UNIT CONDOMINIUM PROJECT, COMPRISED OF
UNITS OF UP TO 29.5 FEET IN HEIGHT, AND OTHER AMENITIES,
GENERALLY BOUNDED ON THE NORTH AND EAST BY THE PGA WEST
STADIUM COURSE, AND ON THE SOUTH AND WEST BY PGA
BOULEVARD. APPLICANT: CROWNE POINTE PARTNERS, LLC
A. RESOLUTION ACTION
ADJOURNMENT
CITY COUNCIL AGENDA 5 MAY 17, 2011- 006
The next regular meeting of the City Council will be held on June 7, 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.
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 17, 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 1 1 1, on
May 13, 2011.
DATED
VERONICA
City of La (
Public Notices
13, 201 1
ONTECINO, City Clerk
a, California
• The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's Office at
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
• If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at
777-7103. A one (1) week notice is required.
• If background material is to be presented to the City Council during a City Council
meeting, please be advised that eight (8) copies of all documents, exhibits, etc.,
must be supplied to the City Clerk for distribution. It is requested that this take
place prior to the beginning of the meeting.
• Any writings or documents provided to a majority of the City Council regarding any
item on this agenda will be made available for public inspection at the City Clerk
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253,
during normal business hours.
CITY COUNCIL AGENDA 6 MAY 17, 2011
001
MAZ kt 5117
i
MEMORANDUM
TO: Mayor Don Adolph
Council Member Stanley Sniff
Council Member Terry Henderson
Council Member Kristy Franklin
FROM: Linda Evans, Mayor Pro Tern
DATE: May 17, 2011
SUBJECT: June 7, 2011 City Council Meeting — Request for Absence
I respectfully request to be excused from the June 7, 2011 City Council
meeting. I have a scheduled vacation that I am unable to change. I will be in
town to attend the Special Meeting on June 14, 2011 to appoint our
Commissioners. Thank you. /
cc: Thomas P. Genovese
't• 008
nr;
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Approval of Demand Register Dated
May 17, 2011
RECOMMENDATION:
Approve Demand Register Dated May 17, 2011
BACKGROUND:
Prepaid Warrants:
91720 - 91742) 121,349.49
91743) 23,000.00
91744 - 91784) 252,306.51
Voids} 0.00
Wire Transfers} 382,917.43
P/R 36334 - 36340 244,714.96
P/R Tax Transfers} 69,483.27
Payable Warrants:
91785 - 918881 491,766.37
$1,585,538.03
FISCAL IMPLICATIONS:
Demand of Cash -City $1,263,632.22
Demand of Cash -RDA $321,505.81
Demand of Cash - HA $400.00
Demand of Cash - HA Commission $150.00
;w l an \
John M. Falconer, Finance Director
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR I
STUDY SESSION
PUBLIC HEARING
`� 009
CITY OF LA QUINTA
BANK TRANSACTIONS 4/27/11 - 5/10111
4129/11 WIRE TRANSFER - ICMA
4129/11 WIRE TRANSFER - PIERS
4/29/11 WIRE TRANSFER - PERS
5/2/11 WIRE TRANSFER -HEALTH PREMIUM
5/4/11 WIRE TRANSFER - REMAX/PROP ACQ
515/11 WIRE TRANSFER - LANDMARK
$2,204.09
$54,066.58
$2,281.92
$112,112.88
$5,000.00
$207,262.96
TOTAL WIRE TRANSFER OUT $382,917.43
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COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Receive and File Treasurer's
Report dated March 31, 2011
RECOMMENDATION:
Receive and file.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR: Z
STUDY SESSION:
PUBLIC HEARING:
Receive and File Transmittal of Treasurer's Report dated March 31, 2011 for the City
of La Quinta.
FINDINGS AND ALTERNA'
I certify that this report accurately reflects all pooled investments and is in compliance
with California Government Code Section 53645 as amended 1 /1 /86; and is in
conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds.
I hereby certify that sufficient investment liquidity and anticipated revenues are
available to meet next month's estimated expenditures.
Respectfully submitted,
a4John1'fer, Finance Director
035
Approved for Submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Treasurer's Report, City of La Quinta
.,
C36
L
IO �
MEMORANDUM
TO: La Quinta City Council
FROM: John M. Falconer, Finance Directorfrreasurer
SUBJECT: Treasurer's Report for March 31, 2011
DATE: May 2, 2011
Attached is the Treasurer's Report for the month ending March 31, 2011. The report is submitted to
the City Council each month after a reconciliation of accounts is accomplished by the Finance Department.
The following table summarizes the changes in investment types for the month:
Be innin
Purchased
Notes
Sold/Matured
Other
Endin
Chan e
Investment
$ 12,617,858
$ 14.400,000
$ (2,600,000)
o
$ 24,417,858
969,000
11,800,000
0.
LAIF
Certificates of Deposit
969,000
(2)
(25,000,000)
11,581
(5,015,581)
US Treasuries
Enterprises
94,900,731
24.998.581
20,000,000
(2)
(25,000,000)
(15,581)
19,983,000
19,983,000
(5,015,581)
(4,001,658)
US Gov't Sponsored
8,998,807
5.000,000
(2)
(9,000,000)
(1,658)
4,997,149
(5,010.970)
Commercial Paper
15,084.062
(2)
(5,000,000)
(10,970)
10,073,092
0
Corporate Notes
0
1,380,031
Mutual Funds
-
1,380,031
$ 158,949,070
$ 39,400,000
1
1 $ 51,6o0,000
$ 16,955
$ 140,732,115
$ 12,216,955
Subtotal
$ 5,074,367
$ 5,418,320
1 & 3
$ 10,492,687
5,418,320
Cash
$ 164,023,437
$ 44,618,320
$ 51,600,000
$ 16,955
$ 157,224,602
$ 6,798,635
Total
I certify that this report accurately reflects all pooled investments and is in compliance with the California
Government Code; and is in conformity with the City Investment Policy.
As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated
revenues available to meet the
ty of
La Quinta urPublic pools
sed the Bureau of the PublDebt, U.S expenditure requirements '
Bank Monthly Statement and the Bank of New York
Monthly Custodian Report to determine the fair market value of investments at month end.
TIV Z 2D I -
Date
John M. Falconer
Finance Director/Treasurer
Footnote
(1) The amount reported represents the net increase (decrease) of deposits and withdrawals from
the previous month.
(2) The amount reported in the other column represents the amortization of premium/discount for the
month on US Treasury, Commercial Paper and Agency investments.
(3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments
before warrants are presented for payment by the payee at the bank.
037
3
Treasurer's Commentary
For the Month of March 2011
Cash Balances - The portfolio size decreased by $6.80 million to end the month at $157.22
million. The major reason for the decrease was $5.7 million spent on debt service payments
on March 1'. Major Capital Projects payment of approximately $4 million were made of which
$3.6 million were for land parcels in the Village between the Library and Old Town.
Investment Activity - The investment activity resulted in an average maturity increase of
eight (8) days from the prior month to end the month of February at 218 days. The Treasurer
follows a buy and hold investment policy with one (1) Commercial Paper purchase totaling $5
million and one (1) Federal Home Loan Bank Discount Notes totaling $20 million purchased.
The sweep account earned $15 in interest income for the month of February and the bank
fees for the month were $ 2,206 which resulted in a net decrease of $1,991 in real savings.
Portfolio Performance - The overall portfolio performance had a one (1) basis point decrease
from the prior month and ended at .45% for the month, with the pooled cash investments at
.55%. The portfolio yield should continue to stay at these levels for the near future. At this
time last year, the portfolio was yielding .47% which reflects the current interest rate
environment.
Looking Ahead
The Treasurer is still concentrating on safety first and foremost. In the short term, the
Treasurer will be maintaining a lesser percentage in LAIF due to the Governor's FY 2011/12
budget proposal to eliminate Redevelopment Agencies state-wide. The Treasurer has reduced
the LAIF RDA Account to zero until the Governor's budget proposal is finaled.
With the decrease in LAIF, the Treasurer will be investing in commercial paper and Federal
Home Loan or Federal Farm Credit Sponsored Enterprises (GSE) and investigating alternatives
to LAIF.
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a.^ Ca) a
City of La Ouinta
Comparative Rates of Interest
March 31, 2011
City of La Contra
Year
Month
Annualized
Eamin s
Average
Mention, (days)
TreasuryBiHoNote
Three Month
Non -Financial
LAIF Rat[
4.85%
Pooled Cash
FiscalAllen[
Overall
Three Month
Six Month
One Year
Two Year
7Y O6107
July 2006
493%
500%
496%
95
506%
AJgost200E
4,94%
501%
4.97%
48
4.97%
4.95%
Sept2006
498%
501%
4.99%
53
5.00%
5.02%
Oct2006
5.00%
502%
5.01%
67
496%
5.10%
Nov 2006
504%
5.03%
503%
62
4.94%
5.13%
Dec 2006
5.08%
5.04%
5.06%
80
4.90%
5.13%
Jan 2007
5.16%
5.12%
5.16%
64
4.98%
5.16%
Feb 2007
5.19%
5.13%
5. 17%
45
4.95%
5.18%
Mar200T
5.21%
5.03%
5.15%
67
4.88%
521%
Apr2007
5.20%
5.14%
5.15W%
42
4.8,1
5.22%
May 2007
5.20%
5.05%
5.16%
32
481%
5.25%
June 2007
5.19%
488%
5.10%
85
4,81%
5.25%
FY O7108
July 2007
521%
490%
5.12%
129
480%
5.26%
Augu512007
517%
4.85%
5.08%
109
4.59%
525%
Sept 2007
5.16%
4.86%
5.06%
129
400%
523%
0c12001
5.11%
485%
502%
116
3,95%
5.14%
Nov 2007
501
4.83%
4.96%
99
334%
496%
Dec 2007
4.95%
343%
4,45%
123
3.39%
4.80%
Jan 2008
4.58%
3.33%
4.22%
96
2.31%
4.62%
Feb 2008
4,12%
3.24%
3.55%
86
2,07%
4.16%
Mar 2008
4.07%
2.83%
367%
74
1.50%
378%
Apr2008
3.45%
3.27%
3.41%
82
1.70%
340%
May 2008
3.14%
327%
3,15%
63
1.92%
307%
June 2008
309%
1.94%
286%
80
2.14%
2.89%
FY 08109
July 2008
299%
193%
277%
62
1.70%
1.88%
229%
2.75%
2.18%
2.79%
August2008
3.16%
192%
288%
51
1.69%
189%
2.14%
2.38%
2.08%
278%
Sep12008
2.81%
1,92%
2.64%
37
1.42%
179%
196%
2.00%
2.13%
277%
002008
2.66%
2,61%
2.61%
29
0.90%
1.40%
1.72%
150%
207%
271%
Nov 2008
2.38%
2.36%
2.36%
64
0.15%
0,49%
1.04%
1.25%
145%
2.57%
Dec 2008
1.60%
0.18%
1.42%
116
005 %
0,25%
0.59%
088%
0.97%
2.35%
Jan 2009
1.36%
0.18%
123%
82
0.15%
035%
043%
08B%
0.31%
2,05%
Feb 2009
1.23%
0.18%
1.11%
75
0.30%
0.50%
061%
0.88%
048%
1.87%
Mar2009
1.26%
0.18%
1.13%
69
0.20%
0.42%
O70%
0.88%
03T%
1.82%
Apr2009
094%
0.18%
085%
54
0.31%
0.33%
0.59%
088%
028%
1.61%
May 2009
092%
0.18%
0.84%
80
0.18%
0.30%
0.53%
0,88%
023%
153%
June 2009
0,85%
0.29%
0.80%
111
020%
0.35%
055%
1.13%
026%
1.38%
FY09/10
July 2009
069%
0.30%
0.65%
111
0.19%
0.28%
047%
100%
028%
1.04%
Au9ust2009
0.64%
0.30%
0.61%
92
0.16%
0.26%
046%
1,00%
0.24%
093%
Sep12009
0.66%
0.31%
053%
112
0.12%
0.19%
041%
100%
0.19%
075%
002009
0.52%
0.31%
0.50%
90
0.08%
0.19%
0.38%
1.00%
0.19%
065%
Nov 2009
0.56%
0.31%
0.53%
152
004%
0.14%
0.32 %
075%
0.15%
061%
Dec 2009
0,56%
0.15%
051%
239
0.11%
0,20%
0.16%
100%
0.16%
0.57%
Jan 2010
046%
0.15%
043%
179
0.06%
0.14%
0,34%
0.88%
0,13%
0.56%
Feb 2010
051%
0,16%
0.48%
162
0.13%
0.19%
032%
0.86%
0,15%
058%
Mar2010
050%
0.16%
0.47%
172
0.15%
024%
038%
1,00%
020%
055%
Apr2010
052%
0.16%
0.48%
162
0.16%
024%
049%
1,00%
023%
0.59%
May 2010
0.52%
0.16%
048%
116
0.17%
022%
03T%
075%
028%
0.56%
June 2010
0.54%
0.17%
045%
134
0,16%
022%
0.32%
0.63%
0.32%
0.53%
FY 10111
July 2010
0.50%
0.15%
O47%
119
0.16%
0.20%
0,30%
0.63%
028%
0.53%
Augu512010
0.41%
0.15%
046%
108
0.15%
0.19%
026%
0.38%
025%
0.51%
Sept2010
0.55%
0.15-
051%
107
0.16%
0.19%
027%
0,38%
024%
0.50%
Oct2010
0.55%
0.15%
0.51%
88
0.13%
0.17%
023%
038%
0.23%
048%
Nov 2010
0.53%
0.15%
049%
84
0.18%
0.21%
0.28%
0,50%
0.23%
045%
Dec 2010
0.57%
0.14%
D52%
265
0.15%
0.19%
0.30%
0.63%
023%
046%
Jan 2011
0.51%
0.14%
043%
206
0.16%
0.18%
0.28%
0.63%
0.24%
0.54%
Feb 2011
055%
0.17%
046%
210
0.15%
0.17%
031%
063%
023%
0.51%
".M C.49
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Tar 4 4Q
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Receive and File Revenue and BUSINESS SESSION: _
Expenditure Report for March 31, 2011 CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Receive and File
BACKGROUND AND OVERVIEW:
Transmittal of the March 31, 2011 Statement of Revenue and Expenditures for the
City of La Quinta.
Respectfully submitted,
4Ae-�- -
�pi��fi:-YLl�Li
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Revenue and Expenditures Report, March 31, 2011
047
ATTACHMENT 1
CITY OF LA QUINTA
REVENUES - ALL FUNDS 0710112010. 0313112011
FUNDS
ADJUSTED
BUDGET
RECEIVED
%
RECEIVED
General
$36,761,414.00
$22,107,877.29
60.10%
Library
2,588,848.00
1,095,761.99
42.30%
Gas Tax Revenue
1,104,000.00
701,396.24
63.50%
Federal Assistance
431,087.00
16,320.00
3.80%
JAG Grant -
20,643.00
15,092.89
73.10%
Slesf (Cops) Revenue
100,090.00
69.45
0.10%
Indian Gaming
0.00
0.00
0.00%
Lighting & Landscaping
965,300.00
504,575.91
52.30%
RCTC
0.00
0.00
0.00%
Development Funding
0.00
0.00
0.00%
Crime Violent Task Force
0.00
0.00
0.00%
AB 939
17,100.00
15,914.20
93.10%
Quimby
95,000.00
25,995.04
27.40%
Infrastructure
1,450.00
1,109.83
76.50%
Proposition 1B
577,455.00
129,099.37
22.40%
South Coast Air Quality
57,424.00
46,899.00
81,70%
CMAQ/ISTIA
1,007,105.00
21,104.78
2.10%
Transportation
446,300.00
305,424.29
68.40%
Parks & Recreation
89,200.00
54,423.00
61.00%
Civic Center
3,117,600.00
3,061,246.76
98.20%
Library Development
35,500.00
22,010.00
62.00%
Community Center
11,600.00
7,794.44
67.20%
Street Facility
15,717.00
9,288.08
59.10%
Park Facility
2,200.00
1,364.19
62.00%
Fire Protection Facility
20,800.00
14,064.16
67.60%
Arts In Public Places
33,925.00
39,709.48
117.10 %
Interest Allocation
0.00
0.00
0.00%
Capital Improvement
79,587,501.00.
12,031,871.98
15.10%
Equipment Replacement
34,376.00
32.464.98
94.40%
Information Technology
6,295.00
5,240.61
83.30%
Park Equipment & Facility
2,600.00
2,034.30
78.20%
SilverRock Golf
3,652,607.00
2,536,274.65
69.40%
SIIverRock Golf Reserve
63,429.00
827.84
1.30%
La Quints Public Safety Officer
2,100.00
2,068.17
98.50%
La Quinta Financing Authority
6,603,456.00
6,474,028.26
98.00%
RDA Project Area No. 1
82,010,190.00
42,205,916.44
51.50%
RDA Project Area No. 2
41,818,758.00
26,393,650.71
63,10%
La Quinta Housing Authority
2,399,162.00.
1,976,811.59
82.40°/0
Total
$263,680,232.00
$119,857,729.92
45.50%
C4s3
2
CITY OF LA QUINTA
EXPENDITURES - ALL FUNDS
FUNDS
ADJUSTED
BUDGET
07MI12010.0 3112011
EXPENDITURES
ENCUMBERED
REMAINING
BUDGET
PERCENT
General
38,902, 22400
21,%9,374.34
9,849.32
517,243,000.34
55.4%
Library
1,723,838.00
812,136,35
0,00
911,701,65
47.1%
Gas Tax
1,490,702.00
1,261, 053,88
O.W
229,648.12
84.6%
Federal Assistance
431,087,00
16,320.00
0.00
414,767.W
3.8%
JAG Grant
20,643.00
15,092.89
O.W
5,550,11
73.1%
Slesf (Cops) Revenue
100,090.00
0.Do
0.00
100,090.00
0.0%
Indian Gaming
0.00
0.00
0.00
0.W
0.0%
Lighting B Landscaping
965,300.00
723,978.00
0.00
241,322 W
75.0%
RCTC
0.00
0,00
000
0.00
0.0%
Development Agreement
0.00
0.00
0,00
0.00
0.0%
CV VIOIent Crime Task Force
0.00
000
0,00
0.00
0.0%
AB 939
486,588.W
189,263,04
2,001
295,324.%
38.9%
Quimby
10,142 270 00
1,674.892.41
0.00
8,467,377. 59
16.5%
Infrastmcture
393,074.W
0.00
0.00
393,074,00
0.096
Proposition 18
577,455.00
142,468.50
0.00
436,986.50
241%
South Coast Air Quality
308,101
259,289,01
000
48,816.99
842%
CMAQ
1, W7,10SW
21,651.66
0.00
985,453.34
2.1%
Transportation
4,645,43600
736613.36
0.00
3,909,822.64
15.8%
Parks B Recreation
9, 800.00
5,492.56
000
4,30T"
51
Civic Center
261,858.00
19084201
0.00
71,015.99
72.9%
Library Development
12,700.00
7, 565,63
0.00
$134.37
59.6%
Community Center
0.00
000
0.00
0,00
00%
Street Faulity
654,503.00
316,195.79
0,00
338,307.21
48.3%
Park Facility
2,91700
1, 364.19
0.00
1,55ZI31
46.8%
Fire Protection
6, OIX 00
3,647.03
0.00
2,352.97
60.8%
Arts In Public Places
476,200.00
69,492.12
0.00
4W,70] 88
14.6%
Interest Allocation
0.00
0.00
0.00
000
0.0%
Capital Improvement
79,587, 503.00
12.031,871.98
1,563,82275
65,991,808.27
15.1%
Equipment Replacement
631.647. D0
147,93572
41,923.54
441,787,74
23.4%
Information Technology
535,752.W
265,274,33
10,16878
2W,308.89
49.5%
Park Maintenance Facility -
560,815.DO
40,608.79
25,067.50
495,13871
7.2%
SilverRock Gott
3, 823,601.00
2,725,15572
0.00
1,098,445.28
71.3%
SilverRock Reserve
0.00
0.00
0.00
0.00
00%
LQ Public Safety Of car
200000
0,00
000
2,000. W
0.0%
La Quinta Financing Authority
6,6W,4%,00
6,475,778.26
0.00
124,677.74
98.1%
La Quinta Housing Authority
1, 128,406.00
567,302.05
0,00
562.453.96
0.00
RDA Project Area No. 1
112,603,575.00
51,126,34981
3,250.00
61,473,975A9
45.494
RDA Project Area No. 2
54,855,570.00
22,941,929.82
9,584.00
31,904,056.18
41.8%
0
M C49
CITY OF LA OUINTA
GENERAL FUND REVENUES DETAIL
TAXES:
Property Tax
No Low Property Tax Distribution
Statutory Tax - LQ
Statutory Tax - Riverside Cnty
Sales Tax
Sales Tax Reimbursement
Document Transfer Tax
Transient Occupancy Tax
Transient Occupancy Tax - Mitigation Measures
Franchise Tax
TOTAL TAXES
LICENSE & PERMITS:
Business License
Animal License
Building Permits
Plumbing Permits
Mechanical Permits
Electrical Permits
Garage Sale Permits
Misc. Permits
TOTAL LICENSES & PERMITS
FEES:
Sale of Maps & Publications
Community Services Fees
Finance
Bldg & Safety Fees
Bldg & Safety Lease Revenue
SMIP Fees
Community Development Fees
Public Works Fees
TOTALFEES
INTERGOVERNMENTAL
Motor Vehicle In -Lieu
Motor Vehicle Code Fines
Packing Violations
Misc. Fines
Federal Govt Grants
County of Riverside Grant
State of California Grant
Fire Services Credit - Capital (10150003375010)
Fire Services Credit - Oper (10150003375000)
CVWD
CSA152 Assessment
TOTAL INTERGOVERNMENTAL
INTEREST
MISCELLANEOUS
Miscellaneous Revenue
AB939
Insurance Recoveries
Assmnt Dist Surplus
Other Mitigation Measures
Litigation settlement
Advertising Coop
Cash Oved(Short)
TOTAL MISCELLANEOUS
TRANSFERIN
TOTAL GENERAL FUND
0710112010 - 0313112011
ADJUSTED
REMAINING
%
BUDGET
RECEIVED
BUDGET
RECEIVED
2,259,500.00
945,293.57
1,314,206.43
41.840%
3,983,630.00
2,196,612.25
1,787,017.75
55.140%
208,473.00
0.00
208,473.00
0.000%
82,400.00
0.00
82,400.00
0.000%
4,977,750.00
2,895,274.62
2,082,475.38
58.160% ,
1,923,188.00
1.088,006.09
835,181.91
56.570%
384,300.00
258,358.42
125,941.58
67.230%
4,000,000.00
2,318,092.23
1,681,907.77
57.950%
251,000.00
44,458.04
206,541.96
17.710%
1,494,600.00
798,250.10
686,349.90
53.770%
19,554,841.00
10,544,345.32
9,010,495.68
53.920%
288,400.00
215,273.24
73,126.76
74.640%
29,700.00
24,522.50
5,177.50
82.570%
200,000.00
177,944.27
22,055.73
88.970%
25,000.00
22,644.00
2,356.00
90.580%
19,000.00
22,029.87
(3,029.87)
115.950%
28,000.00
23,935.75
4,064.25
85.480%
15,000.00
12,120.00
2,880.00
80.800%
67,000.00
39,960.21
27,039.79
59.640%
672,100.00
538,429.84
133,670.16
80.110%
4,000.00
1,359.48
2,640.52
33.990%
351,550.00
273,555.03
77,994.97
77.810%
550.00
285.00
265.00
61.820%
170,000.00
130,189.08
39,810.92
76.580%
62,000.00
63,339.31
(1,339.31)
102.160%
1,000.00
115.36
884.64
11.540%
50,000.00
45,882.91
4,117.09
91.770%
185,500.00
121,502.50
63,997.50
65.500%
824,600.00
636,228.67
188,371.33
77.160%
3,314,950.00
1,726,388.65
1,588,561.35
52.080%
102,900.00
71,158.37
31,741.63
69.150%
56,700.00
30,784.75
25,915.25
54.290%
166,500.00
103,587.15
62,912.85
62.210%
192,700.00
46,252.13
146,447.87
24,000%
0.00
0.00
0.00
0.000%
25,194.00
2,381.36
22,812.64
9.450%
528,916.00
306,314.66
222,601.34
57.910%
7,916,398.00
5,225,655.00
2,690,743.00
66.010%
16,800.00
8,400.00
8,400.00
50.000%
297,285.00
297,284.63
0.37
100.000%
12,618,343.00
7,818,206.70
4,800, 136.30
61,960%
2,746,148.00
2,434,001.95
312,146.05
88.630%
18,700.00
26,290.98
(7,590.98)
140.590%
20,000.00
42,017.51
(22,017.51)
210.090%
8,291.00
8,291.00
0.00
100.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
20,000.00
20,366.00
(366.00)
101.830%
50.00
62 17
(12.17)
124.340%
67,041.00
97'027.66
(29,986.66)
144.730%
278,341.00
39,637.15
238,703.85
14.240%
36,761,414.00
22,107,877.29
14,653,536.71
60.140%
n
CITY OF LA GUINTA
0710112010 - 0313112011
GENERAL FUND EXPENDITURE SUMMARY
ADJUSTED
0N31/11
REMAINING
BY DEPARTMENT
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
PERCENTAGE
GENERAL GOVERNMENT:
LEGISLATIVE
665,048.00
427,092.99
0.00
237.955.01
45.15%
CITY MANAGER'S OFFICE
451.750,00
313,354.03
0,00
138.395.97
69,36%
DEVELOPMENT SERVICES
1763,500 DO
1.165,212.23
0.00
598,28777
56.07%
MANAGEMENT SERVICES
1,621,150.00
1,125,857. 77
0.00
495,29223
8945%
TOTAL GENERAL GOVERNMENT
4,501448.00
3,031517. D2
0.00
1469,930.98
63,39%
CITY CLERK
616,154.00
432,447.59
000
183 706.41
65,84%
TOTAL CITY CLERK
616,154.D0
432,447.59
0.00
183,70541
65.84%
COMMUNITY SERVICES
PARKS& RECREATION ADMINISTRATION
1,092,319.00
733,676,83
0.00
358,642.17
6T17%
SENIOR CENTER -
384,525.00
244, W7.68
O.OD
139,577,32
63.70%
PARKS & RECREATION PROGRAMS
318,525.00
131,605,23
0.D0
186,919,77
41 32%
LIBRARY
1,442,745.00
73624D.12
0.00
704,504.88
51.17%
PARK MAINTENANCE
1, 174.007,00
681, 588.41
0.00
492,418,59
58.06%
MUSEUM
281,093,00
73 SW 23
0.00
207,1%.77
26.61%
TOTAL COMMUNITY SERVICES
4,693,214.00
2,503 95450
0,0()
2.089,259,50
55.52%
FINANCE:
FISCAL SERVICES 988230.00 672,754.36 0.00 315,47564 68.08%
CENTRAL SERVICES _ 274300.00 149527.56 0.00 12477244 54,51%
TOTAL FINANCE 1,262530.00 822,281,92 0.00 "024808 65.13%
BUILDING & SAFETY:
BUILDING&SAFETY -ADMIN
332,300.00
232,409.10
0.00
99,890.90
6994%
BUILDING
860,300.00
601,634.01
0.00
258,665.99
69.93%
CODE COMPLIANCE
945.750.00
638,04142
100. DO
307,608.58
6746%
ANIMAL CONTROL
370,790.00
244515.09
55.49
126,219,42
65.94%
FIRE
4,725,126,00
2,334950.27
0.DO
2,390,175,73
4T14%
EMERGENCY SERVICES
161,550.00
50,849.62
0.00
110,700.38
31 48%
CIVIC CENTER BUILDING -OPERATIONS
1,158,975.0D
849,735,42
0,00
30923958
7332%
TOTAL BUILDING & SAFETY
8.554,791.00
4,952,134. 93
15549
3,602,500.58
56,W%
POLICE:
POLICE SERVICES 12,733,306.00 4,449,333.85 3,49311 8,280,476.04 34.94%
TOTAL PUBLIC SAFETY 12, 733,306.00 4,449, 333.85 3,496.11 8.280,476.04 34.94%
COMMUNITY DEVELOPMENT:
COMMUNITY DEVELOPMENT -ADMIN
1,414,925. DO
8 ,839.25
0.00
53O08535
62.54%
CURRENT PLANNING
615,500.00
342.557.90
0.00
272,942,10
55,66%
- TOTAL COMMUNITY DEVELOPMENT
2,030,425. 00
1,227,397. 15
0.01
803,02TZ5
60,45%
PUBLIC WORKS: -
PUBLICWORKSADMINISTRATION
638,090.Do
405,171.59
0.00
232,918,41
65,66%
DEVELOPMENT & TRAFFIC
720.73600
492,395,52
878.00
227,461.48
68.32%
MAINTIOPERATIONS- STREETS
2,247,631.00
878,160.36
15,766.45
1,353,704.17
39.07%
MAINT/OPERATIONS- LTGMNDSCAPING
1721,030,00
1,005,214,23
O.DO
715,815,77
5SA1%
CONSTRUCTION MANAGEMENT
1, 379,735.00
743,995.03
69,553.27
565,186.70
58.97%
TOTAL PUBLIC WORKS
6,707,221.00
3,524,936.75
86, 197 72
3,096,086.53
5365%
TRANSFERS OUT
-
4,841,548,00
4,662,050.98
0.00
179,497.02
251.79%
GENERAL FUND REIMBURSEMENTS
(7038413,00)
(413668035)
0.DO
(2,901 732 65)
59,98%
NET GENERAL FUND EXPENDITURES
38,902,224.00
21,569,374.34
89,849.32
17,243,000.34
59,16%
5
CITY OF LA QUINTA
0710112010 - OY3112011
REMAINING
ALL OTHER FUNDS REVENUE DETAIL
ADJUSTED
BUDGET
RECEIVED
BUDGET
RECEIVED
LIBRARY:
2,588.848.00
1,096,079.00
1,492,769.00
42.340%
County of Riverside
0.00
0.00
0.00
0,000%
Contributions
0.00
(317.01)
317.01
0.000%
Interest
2,588,948.00
1.095.761.99
1,493,086.01
42.330%
TOTAL LIBRARY
GAS TAX REVENUE:
228,000.00
152,357.58
76,642.42
66.820%
Section 2105
138,300.00
96,585.24
41,714.76
69.840%
Section 2106
303,800.00
201,635.87
102,164.13
66.370%
Section 2107
6,000.00
0.00
6,000.00
0,000%
Section 2107.5
427,800.00
250,970.57
176,829.43
58.670%
Section 2103
0.00
0.00
0.00
0.000%
Traffic Congestion Relief
100.00
253.02
-153.020%
Interest
TOTAL GAS TAX
1,104,000.00
1153.02)
701,396.24
402,603.76
63.530%
FEDERAL ASSISTANCE REVENUE:
431,087.00
16,320.00
414,767.00
3.790%
CDBG Grant
0.00
0.00
0.00
0.000%
Federal Stimulus
0.00
0.00
0.00
0.000%
Interest
TOTAL FEDERAL ASSISTANCE
431,087.00
16,320.00
414,767.00
3.790%
JAG GRANT
Grant Revenue
Interest
TOTAL JAG GRANT
SLESF(COPS)REVENUE:
SLESF (Cops) Funding
Interest
TOTAL SLESF(COPS)
INDIAN GAMING
Grant revenue
Interest
TOTAL INDIAN GAMING
LIGHTING & LANDSCAPING REVENUE:
Assessment
Developer
Interest
TOTAL LIGHTING & LANDSCAPING
RCTC
RCTC Funding
Transfer in
TOTAL RCTC
DEVELOPMENT AGREEMENT FUND
Mdigation Measures
Interest
Transfer in
TOTAL DEV AGREEMENT
20,643.00 16,092.89 5,550.11 73.110%
0.00 0.00 0.00 0.000%
20,643.00 15,092.89 5,550.11 73.110%
100,000.00 0.00 100,000.00 0.000%
90.00 69.45 20.55 - 77.170%
100,090.00 69.45 100,020.55 0.070%
0.00 0.00 0.00 0.000%
0.00 0.00 0.00 0.000%
0.00 0.00 0.00 0.000%
965,300.00
504,575.91
460,724.09
52.270%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
965,300.00
504,575.91
460,724.09
52.270%
0.00 0.00 0.00 0.000%
0.00 0.00 0.00 0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0,000%
CRIME VIOLENT TASK FORCE
0.00
0.00
0.00
0.000%
Member Contributions - Carryover
0.00
0.00
0.00
0.000%
Grant revenue - JAIB
0.00
0.00
0.00
0.000%
CLET Line
0.00
0.00
0.00
0.000%
Asset Forfeiture -State Adjudicated
0.00
0.00
0.00
0.000%
Interest
TOTAL CRIME VIOLENT TASK FORCE
0.00
0.00
D.00
0.000%
AS 939 REVENUE:
0.00
0.00 0.00 0.000%
AS 939 Fees
4,600.00
3,414.20 1,186.80 74.220%
Interest
12,500.00
12,500.00 0.00 loomTransfer
In
TOTAL AS 939
"I." C. 5 2 s
0710112010. 0313112011
ADJUSTED
REMAINING
%
CITY OF LA QUINTA
BUDGET
RECEIVED
BUDGET
RECEIVED
ALL OTHER FUNDS REVENUE DETAIL
QUIMBY REVENUE:
60,000.00
0.00
60,000.00
0.000%
Quimby Fees
0.00
0.00
0.00
0.000%
Donations
35,000.00
25,995.04
9,004.96
14.2"'
Interest27360
- TOTAL QUIMBY
INFRASTRUCTURE REVENUE:
0.00
0..54 %
Utility refund
1,450.00
109.
1,0.00
40.1
30.00
7.000%
Interest
0.00
0.00
0.00
0.000%
Transfer in -
1,450.00
1,109.83
340.17
76.540%
ASTRUCTURE
TOTAL INFRASTRUCTURE
PROPOSITION I - SS1266
575,785.00
127,851.90
447,933.10
22.200%
Prop 1B Grant
1,670.00
1,247.47
422.53
74.700%
Interest
TOTAL PROPOSITION 1 B
SOUTH COAST AIR QUALITY REVENUE:
48,900.00
38,402.85
10,497.15
78.530%
S.C.A.Q. Contribution
8,224.00
8,224.26
(0.26)
100.000%
MSRC Funding
0.00
0.00
0.00
0.000%
Street Sweeping Grant
300.00
271.89
28.11
90.630%
Interest
57,424.00
46,899.00
10,525.00
81.670°A
TOTAL SCAQ
CMAQIISTEA
1,007,10
21,
986,00.22
2.00%
State Grants
0.00
0.00
0.00.00
0..00
0.0000%
Interest
0.00
0.00
0.00
0.000°A
Transfer in
TOTAL TRANSPORTATION
1,007,105.00
21,104.78
986,000.22
2.100°A
TRANSPORTATION
314,800.00
13,507.247
Developer fees
14,800.00
11,2 2.76
11,292.76
3,507.24
76.300%
76.300°A
Interest.
90,000.00
90,000.00
0.00
100.000%
Donationss
0.00
0.00
0.00
0.000%
Transfer
TOTAL TRANSPORTATION
446,300.00
305,424.29
140.875.71
68.430°A
PARKS & RECREATION
89.200.00
54,0.00
34,0.00
61.0 %
Developer fees
_
0.00
0.00
0.00
0
0.000%
Interest
0.00
0.00
0.00
0.. 00%
Transfer in
TOTAL PARKS & RECREATION
89 200.00
54,423.00
34,777.00
61010%
CIVIC CENTER
127,600.00
710.00 6
560.00 4
5. 00 %
Developer fees
0.00
0.00
0.00
0.000°A
Interest
2,990,000.00
2,990,000.00
0.00
100.000%
Transfer in
3,117,600.00
3,061,246.76
56,353.24
98.190°A
TOTAL CIVIC CENTER
LIBRARY DEVELOPMENT
35,500.00
22,010.00
13,490.00
62.000%
Developer fees
0.00
' 0.00
0.00
0.000%
Interest
0.00
0.00
0.00
0.000%
- Transfer in
TOTAL LIBRARYDEVELOPMENT35
500.00
22,010.00
13,490.00
62.000%
COMMUNITY CENTER
Developer fees 4,200.00 3,206.44 2,812.00 56 76.340%
Interest - 4,200.00 3,206.44 993.56 76.340°A
TOTAL COMMUNITY CENTER 11,600.00 7,794.44 3,805.56 67.190°A
C53
VA
0710112010-0313112011
CITY OF LA OUINTA ADJUSTED REMAINING %
ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED
STREET FACILITY
12,800.00
7,923.89
4,876.11
61.910%
Developer fees
0.00
0.00
0.00
0.000%
Interest
2,917.00
1,364.19
1,552.81
46.770%
Transfer In
TOTAL STREET FACILITY
15,717.00
9,288.08
6,428.92
59.100%
PARK FACILITY
2,200.00
1,3
836.00
6000%
Developer fees
0.00
19
0.19
(0 19)
0.0.000%
Interest
TOTAL PARK FACILITY
2,200.00
1,364.19
835.81
62.010%
FIRE PROTECTION FACILITY
20,800.00
14,064.16
6,735.84
67.620%
Developer fees
0.00
0.00
0.00
0.000%
Interest
TOTAL FIRE PROTECTION FACILITY
20,800.00
14,064.16
6,735.84
67.620%
ARTS IN PUBLIC PLACES REVENUE:
30,825.00
37,330.96
(6,505.96)
121,110%
Arts in Public Places
0.00
0.00
0.00
0.000%
Arts in Public Places Credits Applied
0.00
0.00
0.00
0.000%
Insurance Recoveries
0.00
0.00
0.00
0.000%
Donations
3,100.00
2,378.52
721.48
76.730%
Interest
TOTAL ARTS IN PUBLIC PLACES
33,925.00
39,709.48
(5,784.48)
117.050%
INTEREST ALLOCATION FUND:
Pooled Cash Allocated Interest 0.00 0.00 0.00 0.000%
Transfer In 0.00 0.00 0.00 0.000%
TOTAL INTEREST ALLOCATION 0.00 0.00 0.00 0.000%
,"m 0 5 4
CITY OF LA QUINTA
ALL OTHER FUNDS REVENUE DETAIL
0710112010. 0313112011
ADJUSTED REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
CAPITAL IMPROVEMENT FUND:
CVAG
CVWD
County of Riverside
Surface Transportation Funding
City of Indio
DSUSD
IID
RCTC
Vista Dunes Housing LLP
SB821-Bicycle Path Grant
Slate of California
APP Contribution
Developer Agreement Funding
Litigation Settlements
Transfers in From Other Funds
TOTAL CIP REVENUE
EQUIPMENT REPLACEMENT FUND:
Equipment Charges
Capital Contribution
Sale of Fixed Asset
Insurance Recoveries
Interest
Transfers In
TOTAL EQUIPMENT REPLACEMENT
INFORMATION TECHNOLOGY FUND
1,920,627.00
300,308.59
1,620,318.41
15.640%
0.00
0.00
0.00
0.000%
163,206.00
102,010.60
61,195.40
62.500%
9,518,333.00
24,388.69
9,493,944.31
0.260%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
160,160.00
146,879.46
13,280.54
91.710%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
87,300.00
0.00
87,300.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
578,075.00
46,000.00
532,075.00
7.960%
0.00
0.00
0.00
0.000%
67,159,800.00
11,412,284.64
55,747,515.36
16.990%
79,587,501.00
12,031,871.98
67,555,629.02
195.060%
27.776.00
27,776.00
0.00
100.000%
0.00
0.00
0.00
0,000%
0.00
0.00
0.00
0,000%
0.00
0.00
0.00
0.000%
6,600.00
4,688.98
1,911.02
71.050%
0.00
0.00
0.00
0.000%
34,376.00
32,464.98
1,911.02
94.440%
Charges for services
2,295.00
2,295.00
0.00
100.000%
Capital Contribution
0.00
0.00
0.00
0.000%
Sale of Fixed Asset
0.00
0.00
0.00
0.000%
Interest
4,000.00
2,945.61
1,054.39
73.640%
Transfers In
0.00
0.00
0.00
0.000%
TOTAL INFORMATION TECHNOLOGY
6,295.00
5,240.61
1,054.39
83.250%
PARK EQUIPMENT & FACILITY
Charges for services
Interest
Capital Contributions
TOTAL PARK EQUIPMENT & FAC
SILVERROCK GOLF
Green fees
Range fees
Resident Card
Bob Hope Chrysler Classic
Merchandise
Food & Beverage,
Allocated Interest Income
Transfers In
TOTAL SILVERROCK GOLF
SILVERROCK GOLF RESERVE
Interest
Transfers In
TOTAL SILVERROCK GOLF
LQ PUBLIC SAFETY OFFICER FUND
Transfer In
Interest
TOTAL LQ PUBLIC SAFETY
0.00
0.00
0.00
0.000%
2,600.00
2,034.30
565.70
78.240%
0.00
0.00
0.00
0.000%
2,600.00
2,034.30
565.70
78.240%
3,111,458.00
2,170,805.97
940,652.03
69.770%
117,656.00
73,314.00
44,342.00
62.310%
105,000.00
70,553.00
34,447.00
67.190%
0.00
0.00
0.00
0.000%
306,493.00
221,601.68
84,891.32
72.300%
12,000.00
0.00
12,000.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
3,652,607.00
2,536,274.65
1,116,332.35
69.440%
1,200.00 827.84 372.16 68.990%
62,229.00 0.00 62,229.00 0.000%
63,429.00 827.84 62,601.16 1.310%
2,000.00 2,000.00 0.00 100.000%
100.00 68.17 31.83 - 68.170%
2,100.00 2,068.17 31.83 98.480%
9
CITY OF LA QUINTA
OTHER CITY FUNDS
ADJUSTED
03/31/11
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
LIBRARY FUND
INTEREST ADVANCE
0.00
0.00
0.00
0,00
CAPITAL PURCHASES
0,00
0.00
0.00
0.00
REIMBURSE GENERAL FUND
1, 723,8W.00
812, 136,35
000
911,701.65
TRANSFER OUT
0.00
0.00
O.W
TOTAL LIBRARY FUND
GAS TAX
CONTRACT SERVICES
0.00
0.DO
0.00
O.W
REIMBURSE GENERAL FUND
1,016,184.00
762,138. DO
0.00
254,046.00
TRANSFER OUT
47451800
49891588
0.00
(2439788)
TOTAL GAS TAX FUND
�91T/6e.D�T26`�053���-7II9;648:iF
FEDERAL ASSISTANCE FUND:
TRANSFER OUT
431,087 W
16,320.00
414767.00
TOTAL FEDERAL ASSISTANCE FUNDaa
JAG GRANT
TRANSFER OUT
TOTAL JAG GRANT
20643.00
15,092.89
0.W
5, 550.11
SLESF(COPS)
TRANSFER OUT
TOTAL SLESF(COPS) FUND
100,0W.00
0,00
0.W
100,090.W
INDIAN GAMING FUND
TRANSFER OUT
000
0,00
000
0,00
TOTAL INDIAN GAMING FUND
LIGHTING S LANDSCAPING ASSESSMENT DIST:
REIMBURSE GENERAL FUND
965,300.00
723,978.00
000
241.322.W
TRANSFER OUT
000
0.00
0.00
0.DO
TOTAL LTG/LANDSCAPING FUND
RCTC
TRANSFER OUT
0.00
0.00
000
0,00
TOTAL RCTC
0
000
000
DEVELOPMENT AGREEMENT FUND
CONSTRUCTION
O.W
0,00
0.00
0,00
REIMBURSE GENERAL FUND
O.W
0.00
0.00
0.00
TRANSFER OUT
000
000
0.00
000
TOTAL DEV AGREEMENT FUND
0 DO
CRIME VIOLENT TASK FORCE
OPERATING EXPENSES
0.D0
0.00
O.W
0.00
TRANSFER OUT
0.00
0.00
0.00
0.00
TOTAL CRIME VIOLENT TASK FORCE
AS 939
OPERATING EXPENSES
223,100,00
87,552,48
2,0W.W
133,54752
REIMBURSE GENERAL FUND
69,209.00
51,912 00
0,00
17,297.00
TRANSFER OUT
1942]9.00
497%.56
0.W
144,480.44
TOTAL AS 939
QUIMBY FUND:
FEASIBILITYSTUDY
0.00
0.00
0.W
0.00
REIMBURSE DEVELOPER FEES
0.00
0.00
O.W
000
TRANSFER OUT
10,142,270.00
1,674,892,41
0.00
8,46137759
TOTAL QUIMBY
INFRASTRUCTURE FUND
CONSTRUCTION
0.00
D.00
0.00
0,00
REIMBURSE GENERAL FUND
O.W
0.00
0.00
000
TRANSFER OUT
393,074,00
0.00
0.00
393,074.00
TOTALINFRASTRUCTURE
PROPOSITION 1B - SB 1266
TRANSFER OUT
TOTAL PROPOSITION 1 B FUND
577455.W
142 468.60
0.00
434986.50
SOUTH COAST AIR DUALITY FUND
PROJECT EXPENDITURES
48,900 W
19,332.58
000
29,56742
TRANSFER OUT
259,2W 00
239956.43
000
19,249.57
TOTAL SOUTH COAST AIR QUALITYgg
CMAO
PROJECT EXPENDITURES
0.00
0.00
0.00
0.00
TRANSFER OUT
1,007105.0'
21,651.66
O.W
985453.34
TOTAL CMAO
703,56
TRANSPORTATION
000
0.00
000
O.W
PROGRAM COSTS
CONTRIBUTION
0.00
O.W
0.00
O.W
TRANSFER OUT
4,645,436.00
735813.36
I
822.64
39WUg
TOTAL TRANSPORTATION
-
64
PARKS & RECREATION
INTEREST ON ADVANCE
9,800.W
5.492,56
0,00
4.307 d4
TRANSFER OUT
000
0.00
000
0.00
TOTAL PARKS & RECREATION
CIVIC CENTER
000
2,042,10
0,00
(2,042.10)
SERVICES
INTEREST ON ADVANCE
60,1W.W
37,48291
0,00
22,617.09
REIMBURSE GENERAL FUND
201,758.W
151,317.00
0,00
50,44100
TRANSFER OUT
0.00
0.00
O.W
0.00
TOTAL CIVIC CENTER
LIBRARY DEVELOPMENT
O.W
003
0.00
O.W
PROGRAM COSTS
INTEREST ON ADVANCE
12.7W.W
7.565.63
0.00
5.134.37
TRANSFER OUT
OW
000
0.00
O.W
TOTAL LIBRARY DEVELOPMENT
» C56
10
CITY OF LA QUINTA
OTHER CITY FUNDS
ADJUSTED
03131/11
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
COMMUNITY CENTER
O.DO
0.00
0.00
0.00
PROGRAM COSTS
000
0,00
000
0,00
TRANSFER OUT
TOTAL COMMUNITY CENTER
000
STREET FACILITY
0.00
0.00
0.00
0.00
PROGRAM COSTS
INTEREST ON ADVANCE
13, 100.00
5,885.18
0.00
7,214.82
TRANSFER OUT
61414403.00
310,31081331092.39
TOTAL STREET FACILITY
PARK FACILITY
0.00
0,00
0.00
000
PROGRAM COSTS
TRANSFER OUT
2,917.00
1 364.19
0.00
1,552.51
TOTAL PARK FACILITY
FIRE PROTECTION
INTEREST ON ADVANCE 6,000.00 3647.03 0.00 2,352.97
TRANSFER OUT 0.00 0.00 0.00 0.00
TOTAL FIRE PROTECTION DIF
ART IN PUBLIC PLACES FUND
MAINTENANCE EXPENSES-APP
20,00DW
8,770,00
0.00
11,230,00
OPERATING EXPENSES-APP
4,700.00
226.37
0.00
4,473.63
ART PURCHASES
251,500.00
60,495]5
0.00
191004.25
TRANSFER OUT
200,000,00
D.00
0.00
200,000A0
TOTAL ART IN PUBLIC PLACES
CAPITAL IMPROVEMENT FUND
PROJECT EXPENDITURES
78,665,882,00
11,698.556. 98
1,563,822.75
65,203.502.27
PROJECT REIMBURSEMENTS TO GEN FUND
921,621 00
133.315. DO
000
788,306.00
TRANSFER OUT
000
0.D0
0.00
0.DO
TOTAL CAPITAL IMPROVEMENT
EQUIPMENT REPLACEMENT FUND
OPERATING EXPENSES
451,363,00
142,73572
4192354
266,70374
DEPRECIATION EXPENSES
175,084.00
0.00
0.00
175,084. DO
CAPITAL PURCHASES
5,200.00
5,200,00
0.00
0.DO
TRANSFER OUT
000
OBO
000
0.00
TOTAL EQUIPMENT REPLACEMENT FUND
FUND
OPERATING EXPENSES
DEPRECIATION EXPENSES
CAPITAL PURCHASES
PARK MAINTENANCE FACILITY
OPERATING EXPENSES
DEPRECIATION EXPENSES
CAPITAL PURCHASES
TRANSFER OUT
SILVERROCK GOLF
OPERATING EXPENSES
TRANSFER OUT
SILVERROCK GOLF RESERVE
TRANSFER OUT
LA QUINTA PUBLIC SAFETY
CONTRIBUTIONS
219,717.79 3,562.34 131
00
59,000.00
36,054.15
25,067.60
(2,121.65)
441,391.00
Bw
0.D0
441.391.00
0,00
0,00
0.DO
0.00
60424.00
4,554.64
0,00
55869.36
TOTAL PARK MAINTENANCE FAC 560!815 do
3,761.372,00 2.725,155,72 0.00 1,036.216.28
62,229.00 000 0.00 62,229.00
TOTAL SILVERROCK GOLF _ _ _
0.00 0,00 0,00 0.00
TOTAL SILVERROCK GOLF RESERVE
TOTAL LA QUINTA PUBLIC SAFETY 2000.00 0.00 000 2,000.00
» C57
11
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: May 17, 2011 BUSINESS SESSION:
ITEM TITLE: Approval of Fiscal Year 2010-201 1 CONSENT CALENDAR: '[
California Department of Resources Recycling and
Recovery (CalRecycle) Recycling Grant STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve submission of Fiscal Year 2010-2011 California Department of Resources
Recycling and Recovery (CalRecycle) grant to continue recycling activities.
FISCAL IMPLICATIONS:
The City is eligible to receive $11,554 to continue recycling activities. Approval of
this item would allow the City to submit the required application to receive these
funds. No matching funds are required.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Every year, CalRecycle allocates funds to cities and counties to conduct beverage
container recycling (i.e. glass, plastic, and aluminum) and litter reduction programs.
Cities receive at least $5,000 plus additional funds based on population. For Fiscal
Year 2010-2011, the City is eligible to receive $11,554.
To receive these funds, the City must submit a grant application describing proposed
activities by May 31, 2011. Staff intends to use this funding for litter abatement
activities.
FINDINGS AND ALTERNATIVES:
. C58
The alternatives available to the City Council include:
1. Approve submission of Fiscal Year 2010-2011 CalRecycle grant to continue
recycling activities; or
2. Do not approve the grant submission; or
3. Provide staff with alternative direction.
Respectfully submitted,
Thomas P. Genovese, City Manager
Approved for submission by:
Thomas P. Genovese, City Manager
C59
f
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Acceptance. of Off -Site Improvements
Associated with Tract Map No. 30096-1, Puerta Azul,
Puerta Azul Partners, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _c
CONSENT CALENDAR: ,7
STUDY SESSION:
PUBLIC HEARING:
Accept off -site improvements associated with Tract Map No. 30096-1, Puerta Azul,
Puerta Azul Partners, LLC and authorize staff to release performance securities; direct
staff to release the labor and materials security ninety (90) days after City Council
acceptance of the improvements.
FISCAL IMPLICATIONS:
Catch basin maintenance is estimated to be $500 annually, which is already
incorporated in the Public Works Department Account No. 101-7003-431 .43-73 for
storm drain maintenance.
CHARTER CITY IMPLICATIONS:
BACKGROUND AND OVERVIEW:
Tract Map No. 30096-1, Puerta Azul, Puerta Azul Partners, LLC, is located west of
Madison Street and north of Avenue 58 (Attachment 1).
Resolution 2009-037 was adopted by the City Council as a Public Hearing item on
May 5, 2009 which removed the developer's obligation for 50% of a traffic signal at
the southernmost Puerta Azul access on Madison Street. The resolution also added a
developer obligation to construct a raised median on Madison Street that prohibits left
C60
turns out of both the southernmost Puerta Azul and the PGA West Legends Way
access.
The developer has completed the construction of the raised median on Madison Street
and all other obligations of the Subdivision Improvement Agreement (SIA) for the off -
site improvements have been satisfied. Attachment 2 indicates the amounts of the
warranty securities.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Accept the off -site improvements associated with Tract Map No. 30096-1,
Puerta Azul, Puerta Azul Partners, LLC and authorize staff to release
performance securities; direct staff to release the labor and materials security
ninety (90) days after City Council acceptance of the improvements; or
2. Do not accept the off -site improvements associated with Tract Map No. 30096-
1, Puerta Azul, Puerta Azul Partners, LLC and do not authorize staff to release
performance securities; do not direct staff to release the labor and materials
security ninety (90) days after City Council acceptance of the improvements; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. 4assnjP.E.
Public Works Direc /City Engineer
Approved for submission by:
✓Ul?ZsGO .
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Warranty Security Exhibit
C61
ATTACHMENT 1
TM 30096-1 PUERTA AZUL
City of
a Quinta
TRACT MAP
No. 30096-1
v
AVEILJE 56
ITY
NOT TO SCALE
C62
ATTACHMENT 2
WARRANTY SECURITY
TM 30096-1
Development Name: Puerta Azul
OFF -SITE IMPROVEMENTS
Performance Security
improvement Description
Labor &
Materials
Performance
Amount
Proposed
Reduction
WARRANTY
AMOUNT
Street
$121894
$121894
90%
$12189
Water
$49,608
$49,908
90%
$4,961
Sanitary Sewer
$11760
$11760
90%
$1176
Traffic S' nal 50%
$75 000
215,000
100%
$0
Standard Conlin a 10%
$25,826
$25,826
100%
$0
Totalsi
$284,088
1 $424,088
—
$18.326
• Separate Warranty Security for Median Improvements — Resolution 2009-
037 was adopted by the City Council after a Public Hearing on May 5, 2009
which removed the developer's obligation for the design and construction of
50% of a traffic signal at the southernmost Puerta Azul access on Madison
Street and added a developer obligation to construct a raised median on
Madison Street that prohibits left turns out of both the southernmost Puerta
Azul and the PGA West legends Way access. The estimated cost to
construct this raised median on Madison Street was $62,000.
Developer shall provide to the City a separate warranty security in the
amount of $6,200 for the off -site median improvements for a period of one
(1) year, beginning on the date of final acceptance of the Improvements by
the City Council. The warranty security is to guarantee against any
defective work or labor completed or defective material provided and such
defective work or materials shall be repaired or replaced.
r63
Titr44Qaha
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Approval of City of La Quinta Marketing
Plan for Fiscal Year 2011-2012
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: W
STUDY SESSION:
PUBLIC HEARING:
Approve the City of La Quinta Marketing Plan for Fiscal Year 201 1-2012.
FISCAL IMPLICATIONS:
None associated with this action. The City Council is being asked to consider approval
of a City of La Quinta Marketing Plan for Fiscal Year 2011-2012 as a strategic
planning document and as a guide for the City's comprehensive marketing efforts
during the upcoming fiscal year.
Implementation of the proposed City Marketing Plan has financial implications of up to
$450,000, which represents the estimated cost of implementing the marketing
programs included therein. Cost estimates will be reviewed and further refined as part
of the City's annual budget process.
CHARTER CITY IMPLICATIONS:
The City Charter allows the City "to utilize revenues from the General Fund to
encourage, support and promote economic development." The City's Marketing Plan
is a key tool in promoting and supporting economic development in the City.
BACKGROUND AND OVERVIEW:
On April 5, 2011, via a study session, the City Council considered marketing strategies
for Fiscal Year 201 1-2012. The purpose of the study session was to provide staff and
Furino/Greene Creative (the City's marketing firm) with direction on the marketing
programs to be implemented during the upcoming fiscal year.
r 6 1
Staff and Furino/Greene Creative shared that numerous marketing programs were
being recommended to continue in Fiscal Year 2011-2012:
• Cooperative advertising with local businesses
• Regional and local advertising campaigns
• Tourism website updates
• Smart phone applications
• Social media efforts
• Promotion of major events
• Public relations
• City communication pieces
Although no new major programs were recommended, staff presented a few fresh
marketing items for next fiscal year, including: new City television spots, promotion of
the City's 30" Anniversary, and an enhanced Mayor's State of the City event.
Generally, Council expressed support for the marketing programs being proposed for
Fiscal Year 201 1-2012. The final City of La Quinta Marketing Plan for Fiscal Year
201 1-2012 is being presented to Council for formal approval (Attachment 1). Once
Council approves the Plan, staff will work on a final scope of work and budget with
Furino/Greene Creative, who will assist in the Plan's implementation (Council approved
a three-year contract with Furino/Greene Creative two years ago).
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve a City of La Quinta Marketing Plan for Fiscal Year 2011-2012; or
2. Do not approve a City of La Quinta Marketing Plan for Fiscal Year 2011-2012;
or
3. Provide staff with alternative direction.
Respectfully submitted,
Do las R. E ns
Assistant City Manager — Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. City of La Quinta Marketing Plan for Fiscal Year 2011-2012
,„I C.66
ATTACHMENT 1 I
r.
t
t
zr
City of La Quinta
2011-2012
IZ
G>
EXECUTIVE ACTION
The efforts presented for Fiscal Year 201 1-2012 build on the City of La Quinto's marketing
accomplishments during Fiscal Year 2010-2011. City staff and F/G Creative dedicated a
significant amount of time and energy to building partnerships with La Quinta businesses
and special event organizers as well as keeping up with technology viaan enhanced tourism
website and a new iPhone app. The themes for 201 1-2012 are: "Building, on successful
efforts" and "Continuing to do what is working."
The overall goals of City marketing efforts include:
• Promoting La Quinta as a premier tourist destination, both in and out of market, to attract
visitors and generate revenue.
• Developing and implementing programs that support and promote businesses in the City that
maximize their advertising budgets while promoting the shop/dine in La Quinta message.
• Working closely with key City partners to strategize`City-fun ded efforts that maximize and
leverage marketing budgets.
• Communicating effectively with residents on important City news, events, and programs.
f. d k d t dih, t h
• Keeping La Quinta top-o -min as consumers ma a consi era ions regar ng were o s op,.,
dine, and do business.
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Marketing the
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La Quinta
1. Cooperative Marketing Program:
Continue to expand this successful program by working with current partners, and by
adding new partners to increase the amount of local and regional media exposure.Tactics
for generating participation include informational group meetings, one-on-one meetings,
outreach to the center landlords for group participation, and getting the word out via websites,
newsletters, The Gem, and other public communication mediums.
2. Local Marketing Campaign:
Continue and expand a Valley -wide advertising campaign with a "purpose -driven' message
that supports La Quinta businesses and events to encourage shopping, dining, and special
event attendance. The multi -tiered media plan —comprised of radio, TV, print, outdoor, and
internet—will leverage all placements with PR, bonus advertising such as extra ads, and well
links. This effort will run year-round, with emphasis on key months and events. While open
to the Cooperative partners, this effort will proceed with the City message solely should no
partners participate.
3. New Television Spots:
Two, new 30-second television spots will be produced to showcase the City of La Quinta and
all it has to offer its visitors and resident's. A'30th Anniversary graphic will be used -in FY 201,1
2012 (the spots will be updated with the City's.promotional logo for use in subsequent years).
The new television spots will air on cable (local channels) and the major local affiliate networks,
and will be posted on the tourism website
Welcome Quinta!
Marketing the
City of La Quinta
4. Palm Springs Life Advertorial:
Produce a City of La Quinta advertorial for the Palm Springs Life October 2011 issue (the City's
customary progress piece). For the 2011 issue, there; will be a new partnership between Palm
Springs Life, CVEP, CVA, and Coachella Valley cities. F/G Creative and staff will work with CVEP
and the CVA on a new Valley -wide piece that will precede the editorial pages of the cities. It
will feature CVEP's Blueprint target sectors (i.e., Healthcare/Life Science, ClearvTechnology,
Creative Arts/Design) and will promote the Coachella Valley as a tourist destination. This
project will also include an "iPad app" being created by Palm.Springs Life, which will be
nteractive with maps that link to the cities, websites,'etc.
5. Tourism/Events Brochure:
An important component of targeting the Coachella Valley market involves the annual
production of a "La Quinta Area Events" recap brochure that is distributed at key outlets in
La Quinta (City facilities, hotels, Visitor's Center, etc.) and through the Valley -wide rack card
distribution system in over 160 outlets. The brochure highlights large-scale events, programs,
golf, lodging, and showcases the excitement and beauty of La'Quinta with photography.,
6. Regional/Out-of-Market Advertising:
Continue the cohesive marketing campaign for the drive-in markets (e.g., Los Angeles, Orange
County, San Diego, Inland Empire) designed to encourage hotel stays, dining, shopping, and
event and activity participation in the City. This multi -tiered approach will encompass traditional
mediums such as print (e.g., Sunset and Alaska Airlines magazines) while incorporating new
mediums such as internetpay-per-click, social media advertising, and other options. While
open to the Cooperative partners, this effort will proceed with`the City message solely should no.
partners participate.
7. CVA Cooperative Advertising:,.
Continue to work with the CVA on cooperative advertising in order to leverage the City's
marketing dollars and reach outside markets. Target areas include: Southern California, Pacific
Northwest, Midwest, and Western Canada. The various campaigns involve print, radio, and
online efforts to attract more visitors to the Coachella Volley as well as support and ultimately
grow air service.
8. Shopping Center Location Map:
F/G Creative will work with City staff to design a new printed version of the La Quinta Shopping
Map featuring the.main shopping centers and listing retail and service sector tenants, for use in
a variety of marketing efforts. Target completion date is August 2011. The map can be used at
ICSC conferences, in City leasing efforts, and more. It will incorporate the campaign branding,
photography, and a creative'method of showcasing the shopping venues. Elements of the new
version, once produced, will be transitioned to work on the tourism website as an interactive
shopping and dining guide.
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and New Technology
Marketing
1. Travel/Tourism Website & E-Marketing:
The "PlaylnLoQuinta.com" website underwent a complete redesign in Fiscal Year 2010-2011 in
an effort to maximize the infrastructure of the site for search engine optimization, online marketing
strategies, and navigation patterns/ preferences of users. The new site is geared towards tourists and -,
visitors, yet is also a great resource for residents and Valley locals. The site will continue to evolve and
be updated frequently to keep events and shopping/dining listings current.
Changes to the site for this fiscal year include exploring, in consultation with -the La Quinta
Chamber of Commerce, the addition of a page geared toward highlighting, relocation and
retirement in Lo Quinta.
The marketing efforts that support and promote the website include:
• A monthly Pay -Per -Click Program that attracts more unique visitors to the site from the regional
drive-in market (i.e., Southern California) to dine, shop, play, and stay in La Quinta.
• A monthly Pay -Per -Click Program targeted to the Coachella Valley for people searching for
"Dining and Shopping" keywords.
• An ongoing Social Media Marketing effort with a Facebook fan page for "La Quinta, Califomia" that
creates a buzz and generates participation in special events and pprograms.
• A Pay -Per -Fan Campaign involving Facebook ads to build the fan base. (The La Quinta
page has over 2,000 fans)
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and New Technology
Marketing
2. Smart Phone Applications:
The initial Whone application or "app" was launched in April 2011, and also runs on the iPad
and Wad Touch. This mobile pocket travel guide, with information on shopping, dining, golf,
hotels and events, plus a City map, is also a direct portal to the tourism.website. The "app" is
free to download and will be updated regularly, and enhanced this fiscal year. It is marketed
through all advertising efforts as well as PR. Recommended expansion this fiscal year includes
a duplicate "app" for BlackBerry and Android devices, as well as exploring other technologies.
This continues to be a "green" marketing effort— because,less information has to be printed!
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The City will continue its involvement with established large-scale events to create more of an
association with the event and to better maximize revenue opportunities for La Quinta businesses
1. Bob Hope Classic:
With a new sponsor and proposed changes to the tournament, meetings will be scheduled
with event organizers early in the fiscal year to outline the sponsorship package and discuss
opportunities that will continue to leverage the City's investment in the event. Goals include:
driving traffic and sales to La Quinta businesses, increasing room night bookings at Lo Quinta
hotels, reaching those potentially interested in relocating to/retiring in Lo Quinta, and achieving
national media exposure for the City.
2. La Quinta Arts Foundation:
Continue to work with the La Quinta Arts Foundation team to develop sound, strategies that
maximize respective advertising budgets and PR efforts while expanding the scope of the overall
marketing to reach regional and possibly national markets. Coordinate marketing efforts to drive
more traffic and sales to La Quinta businesses and increase room night, bookings at La Quinta.,
hotels. Assist the Foundation in promoting _key events such as the ;La QuintaArts Festival, Art `-
Under the Umbrellas, and Blues & Brews.
3. Desert Classic Contours d'Elegance:
Continue to work with eventorganizers to co -promote and leverage marketing budgets:
Encourage business participation and involvement of key non-profit partners. Assist the Contours
in promoting their car tour, car auction, classic car show, and all the activities tied to their annual
event. _..
4. La Quinta Chamber of Commerce:
Support and promote Chamber events such as the annual Rod & Custom Car Show and Taste of
La Quinta via the City's newsletter, calendar, websites, and other promotional efforts. Work with
the Chamber on the monthly "City Scene" pages in,The Gem to communicate City happenings
to La Quinta residents and businesses.. .
5. La Quinta Auto Dealers:
Encourage dealerships to participate in La Quinta special events as well as corporate events.
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1. City of Lo Quinta's 30th Anniversary:
F/G Creative will support the City's efforts in celebrating 30 years of incorporation in 2012.
Specific tasks will include promoting planned events and programs via multi -tiered advertising, ,
and providing PR support for all special anniversary activities.
• Planning and Coordination: City staff will coordinate with key La Quinta partners such as the
0 Lo Quints Arts Foundation, Lo Quinta Historical Society, and the La Quinta Chamber of
Commerce. Each organization will offer their existing events as 30th Anniversary events in an
effort to keep overall costs down. To date, these events include:
- Blues and Brews
- Art Under the Umbrellas
- Adult and Youth Nature Hikes
Evenings with Friends of the Library
- Bob Hope Classic Tournament
- Hot Rod & Custom Car Show
Desert Classic Concours d'Elegance
Co:: - Lo Quinta Arts Festival
- A Taste Of La Quinta'
California Pioneers Exhibit and Lectures
- Historic Tours of La Quinta
Talent Showcase at the La Quinta Senior Center
Community Picnic and Birthday Party
SilverRock Resident Golf Tournament ,
New graphics will be designed to acknowledge the 30th Anniversary events. The City will also
explore a public art project in collaboration with the Arts Foundation that commemorates La
Quinta's 30th Anniversary.
• Mayor's State of the City: In celebration of the City's 30th Anniversary, staff will work with the
Chamber of Commerce to make the Mayor's State of the City event in 2012 a Special one.
F/G Creative will lend support and create a multi -media presentation that will highlight 30
years of success! An enhanced lunch program will be planned involving specialguestsand
City partners.
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RESIDENT
2. City Newsletter:
Continue to produce bi-annual 'La Quinta City Report" newsletters targeted to La Quintal
residents with information on City projects, programs, and events. Reach residents from every:
comer of the City and encourage them to shop, dine, and attend events both in the Village and
the northern part of the City (including Highway I 11). Two newsletters will be produced per 1 2-
month period. This includes continued posting of each issue as a PDF on the ,Govemment website
for resident review.
Explore a campaign to solicit resident's email addresses for a future E-Marketing Program. In
addition, begin to explore uploading the Newsletter to the Tourism website and possibly creating
an interactive page that further communicates the benefits of living in the City (similarto online
news programs).
3. City Calendar:
La Quinta's annual calendar serves as a gift to residents and highlights important meetings, key
programs, and special events while showcasing the City through spectacular photography. A
2012 calendar will be produced with a 30th Anniversary theme in mind. In addition, investigate
a more "green" approach to the calendar that would involve printing less copies and having them
available at City Hall for pick-up versus mailing them to each Lo Quinta household. The City
calendar also is posted and available for download as a PDF on the Government website,
4. The Gem:
Continue to produce 'City Scene" pages for The Gem (a monthly Chamber newspaperthat is
delivered to La Quinta residents and Chamber members). Promote, programs, classes, special
events, and important City news related to:,SilverRock Resort, Museum, Library; Senior Center,
Community Services, Police, and special feature articles such as emergency preparedness,
commission vacancies, General Plan Update, and special messages from City partners.
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PUBLIC
Public Relations efforts will be maintained over the next fiscal year through a strategic
plan that leverages all media purchases and creates a coordinated effort that results in an
increase of coverage for all City events and programs. Efforts will incorporate the City's,
30th Anniversary whenever possible, including specific media pitches regarding events and
activities planned to celebrate the milestone. The plan will be tiered for local, regional, and
national efforts as follows:
• Local: As developed over the past two years, publicity efforts will focus on all City
events that are pertinent to local businesses, residents, and tourists through monthly
Calendar listings and major releases when deemed appropriate. Emphasis will be
placed on Museum, Library, and City events and programs. Public. Relations support
will be provided for any issues the City is dealing with outside the parameters of events,
as necessary. - " -
• Regional: Promote City events and amenities (golf, shopping, dining, museum, art, etc.)
that warrant PR efforts to regional feeder markets (Los Angeles, Orange County, San
Diego, Scottsdale, etc.). Where feasible; enhance PR release efforts with photos and
B-roll for personal follow-up with press contacts.
• National: For those City events with national appeal (Arts Festival, Bob Hope Classic, etc.),
develop PR strategies to incorporate outreach programs with national press contacts
in print and electronic media — partnering;with the national event organizers to gamer -
additional exposure for La Quints in conjunction with their efforts.
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COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Adoption of a Resolution to Reaffirm
Adoption of the Annual Assessment for CSA 152,
Authorize Riverside County to Continue to Levy
Assessments, and Indemnify and Hold the County
Harmless for Levying Assessments on City Parcels
Under CSA 152
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 1
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution to reaffirm adoption of the annual assessment for CSA 152 for the
fiscal year 201 1-2012, authorize Riverside County to continue to levy assessments,
and indemnify and hold the County harmless for levying assessments on City parcels
under County Service Area (CSA) 152 to fund the street sweeping, flood control
facility/drainage, facility maintenance and operations, and the National Pollutant
Discharge Elimination System (NPDES) Program from the General Fund.
FISCAL IMPLICATIONS:
The adoption of this resolution will authorize Riverside County to continue assessing
CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per
parcel for all parcels within the City of La Quinta. The estimated revenue for Fiscal
Year 2011-2012 is approximately $253,000.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
In December 1991, the County of Riverside initiated the use of CSA 152 to provide
funding for local jurisdictions for flood control and storm drain maintenance.
On May 17, 1994, City Council approved the original Administrative Services
Agreement with the County of Riverside for CSA 152 Program (Attachment 1).
On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the
Benefit Assessment Unit (BAU) rate for the Fiscal Year 1997-1998 CSA 152
Assessment. Resolution No. 97-39 states that the City shall agree to indemnify,
defend, and hold the County and members of its Board, Officers, Employees, and
Agents harmless from any and all claims, demands, and causes for the collection of
assessments under CSA 152.
On July 6, 2010 the City Council approved the new Administrative Services
Agreement for CSA 152 NPDES Program between the County of Riverside and the
City of La Quinta (Attachment 2). At the time of preparing this staff report, Michael
Franklin, CSA Project Manager for the County of Riverside, informed City staff that he
is still waiting on three cities to submit their revised agreements and that he hopes to
take the new Administrative Services Agreement CSA 152 NPDES Program to the
County Board of Supervisors for approval before the end of this fiscal year. Since the
County treats each city as a separate program, however, the other cities lack of
participation has no effect on La Quinta's NPDES program.
Each year, the County of Riverside collects the $9.99 assessment per parcel under
CSA 152 to fund the City's program for the NPDES Permit. The services funded by
CSA 152 include: flood control and storm drain maintenance, retention basin
maintenance, and street sweeping. The City utilizes revenue from CSA 152 which is
collected on all parcels in the city for street sweeping and storm drain maintenance and
operation in order to partially offset costs in the citywide lighting and landscape
district.
The County of Riverside requires a City Council resolution stating that the City's
program will continue and that the parcel charge will remain unchanged for Fiscal Year
201 1-2012.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a resolution to reaffirm adoption of the annual assessment for CSA 152
for the fiscal year 2011-2012, authorize Riverside County to continue to levy
assessments, and indemnify and hold the County harmless for levying
assessments on City parcels under County Service Area (CSA) 152 to fund the
street sweeping, flood control facility/drainage, facility maintenance and
operations, and the NPDES Program from the General Fund; or
079
2. Do not adopt a resolution to reaffirm adoption of the annual assessment for
CSA 152 for the fiscal year 201 1-2012, do not authorize Riverside County to
continue to levy assessments, and do not indemnify and hold the County
harmless for levying assessments on City parcels under County Service Area
(CSA) 152 to fund the street sweeping, flood control facility/drainage, facility
maintenance and operations, and the NPDES Program from the General Fund; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R."1 na o , P.E.
Public Works Dir or/City Engineer
Approved for submission by:
,-4i/"e4
Thomas P. Genovese, City Manager
Attachments: 1. Original Administrative Services Agreement for CSA 152
Program between Riverside County and City of La Quinta.
2. Administrative Services Agreement for CSA 152 NPDES
Program between Riverside County and City of La Quinta.
080
RESOLUTION NO. 2011 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, MAKING FINDINGS AND
REAFFIRMING THE ESTABLISHMENT AND SETTING OF
RATES FOR THE COUNTY SERVICE AREA 152 TO FUND
THE CITY'S STREET SWEEPING PROGRAM AND OPERATE
AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD
CONTROL SYSTEMS
WHEREAS, the Riverside County Service Area 152 (CSA 152) was created
under the Benefit Assessment Act of 1982 (Government Code Section 54702, et
seq.), which authorized local agencies to impose benefit assessments to finance
the maintenance and operation costs of flood control and drainage systems, based
on the proportionate storm water runoff from each parcel; and
WHEREAS, under the federally -mandated but unfunded National Pollutant
Discharge Elimination System (NPDES) Program, the City is required to have a valid
permit from the Regional Water Quality Control Board to discharge water runoff
from properties within the boundaries of the City; and
WHEREAS, street sweeping is a pro -active method of insuring pro -active
maintenance from street runoff into the flood control and drainage systems of the
City; and
WHEREAS, the City is a co-permittee of Permit No. CSA-617002 with the
County of Riverside and the incorporated cities therein; and
WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997,
authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU)
rate for the 1997-1998 Fiscal Year CSA 152 assessments; and
WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997,
agreed to indemnify and hold the County harmless for levying Assessments on the
City parcels under CSA 152; and
WHEREAS, the City uses revenues from CSA 152 assessments solely for the
purpose of maintaining and operating the City's flood control and drainage system
to comply with the NPDES Permit and to provide street sweeping within the City of
La Quinta; and
C81
Resolution No. 2011-
CSA 152
Adopted: May 17, 2011
Page 2
WHEREAS, Proposition 218, adopted by voters on November 6, 1996,
established new procedures and approval requirements for all existing assessments,
unless the assessment is exempt from the new requirements; and
WHEREAS, certain assessments that existed on November 6, 1996, are
specifically exempt from the Proposition 218 procedures and approval
requirements, including assessments imposed exclusively to finance the capital
costs and maintenance and operation expenses for sidewalks, streets, sewers,
water, flood control, drainage systems or vector control.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
Section 1. The City Council finds the foregoing recitals to be true and
correct.
Section 2. The City Council finds and declares that the City's CSA 152
charges are assessments within the definition of California Constitution Article
XIIID, Section 2(b), in that they confer special benefits upon each parcel of
property subject to the assessments.
Section 3. The City Council finds and declares that pursuant to Article
XIIID, Section 5(a), the City's CSA 152 assessments are exempt from the new
procedures and approval requirements of Article XIIID, Section 4, because the
City's CSA 152 assessments existed before November 6, 1996, and the
assessments are imposed exclusively to finance the capital costs and maintenance
and operation expenses for street sweeping, flood control, and drainage systems in
the City.
Section 4. The City Council hereby reaffirms its adoption of the annual
assessment for CSA 152 and hereby determines that the annual assessment rate
for Fiscal Year 2011-2012 for CSA 152 is to be set at nine dollars and ninety-nine
cents ($9.99) per Benefit Assessment Unit. The method of computation has not
been changed nor has the rate of assessment been increased since August 6,
1996.
Section 5. The City Council hereby authorizes the County of Riverside to
levy assessments under CSA 152 for the benefit of the City. The City agrees that
it shall indemnify, defend and hold County and members of its Board, and its
officers, employees and agents harmless from (1) any and all claims, demands, and
causes of action of any kind or nature whatsoever and (2) any and all liability of
any kind or nature whatsoever that may arise out of or be caused by, or be
attributable to the imposition, collection, or allocation of any tax (special or
f•n.. 02
Resolution No. 2011-
CSA 152
Adopted: May 17, 2011
Page 3
general►, assessment fees or charges, and/or any other revenue generated through
City's application of reliance on or use of County Service Area 152.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 17t" day of May, 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CMC, CITY CLERK
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
ATTACHMENT 1
1 i ADMINISTRATIVE SERVICES AGREEMENT
2 FOR CSA 152 PROGRAM
3 . BETWEEN
i
4 RIVERSIDE COUNTY AND CITY OF LA QUINTA
5
6;' This Agreement, entered into as of this / day of /1501< 1994 by the
7 COUNTY OF RIVERSIDE, hereinafter called "COUNTY", and the CITY OF LA
8 QUINTA, hereinafter called "CITY", establishes the responsibilities and obligations of each
u
9party concerning the management and financing of COUNTY SERVICE- AREA lit,
10 hereinafter called "CSA 152"
11 RECITALS
12 WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act
13 (CWA) [33 U.S.C. 1342(p)]; and,
14 ! WHEREAS, Section 402(p) requires certain municipalities, construction and
i
15industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES)
16 Permit before discharging stormwater into the waters of the United States; and,
17 WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES
18 Permit for each of the three watersheds of the County; and,
19 h WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and
20U obligations associated with the municipal NPDES Permits and individual General NPDES
21 Permits; and,
22 WHEREAS, cooperation between COUNTY and CITY in the administration and
23 implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and,
24 .I WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No.
25 193-454 on December 21., 1993; and,
26 WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this
?7
2811 1
Nov i 1994
ill Agreement that will benefit all parties;
r
2NOW, 'ITIEREFORE, the parties hereto do mutually agree as follows:
3I' 1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall be
4' as follows:
5 A. COUNTY shall assume the responsibilities and meet the requirements
f
6'I of CSA 152 administration for COUNTY and CITY by:
7 (1) Preparing CSA 152 budget and reports in compliance with County
8 Ordinance No. 573.
9 (2) COUNTY shall also:
101 (a) Prepare, the required narrative for said budget and reports
11 along with COUNTY'S individual budget or report on COUNTY
12 activities.
13 "" (b) Annually prepare and forward to the appropriate agency computer
14 tape information on individual assessments of parcels within CITY for
15 generation of Benefit Assessment Units (BAU) totals and assessments
16 for CITY.
17 (c) Forward CITY corrections to assessments and tax bills to Auditor-
18 i Controller/Tax Collector.
191 (d) Review and coordinate CITY CSA 152 budgct with overall
2011 . CSA 152 budget.
21 (e) Reimburse CITY for actual expenditures incurred under provision
22 of approved CITY CSA 152 budget and allocations.
23 , (f) Conduct mailing of proposed tax rate assessment for CITY for FY
i
24 94/95 and any year CITY requires notices. COUNTY shall bill CITY
25 for these services at cost.
r
26 (g) Provide to CITY annual property assessment printouts and a BAU
>_7
2811 2
085
1 I summary.
(h) Provide to CITY standardized forms including but riot limited
3 to assessment re-evaluation forms, budget and expense reimbursement
4 formats.
5 (i) Serve as administrative and technical advisor on CSA budget
6 j; preparation and assessment re-evaluations.
4
7Assess CITY an annual six percent (6%) administrative fee on new
g I� revenue for CITY CSA 152 budget.
I'
9 (k) Be responsible to CITY for reasonable requests by CITY for
�I
10 information, billing tapes, data, changes, corrections, refunds, issuances
11 of new CITY tax bills or revisions. Said requests will be at expense of
12 CITY.
13 (1) Conduct annual County public budget hearing of CSA 152.
14 (m) Assist CITY with first year CITY public information forum
15 on NPDES program and CSA 152 administration by providing
16 administrative and technical guidance.
17 (n) Provide CITY with copy of CSA 152 budget prior to
18 submittal to COUNTY Board of Supervisors.
19 i B. CITY shall assume the responsibilities and meet the requirements of CSA 152
20 I administration for CITY by:
21 (1) Preparing CITY CSA 152 budget and reports o❑ its activities using
22 COUNTY format, hereto attached as Exhibit A and incorporated herein
23 by reference. Said budget and reports shall be submitted to COUNTY for
24 incorporation with COUNTY CSA 152 budget narrative, and in accordance
25 with Schedule of Events, hereto attached as Exhibit B and incorporated herein
26 by reference.
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(2) CITY shall also:
(a) Conduct NPDES and CSA 152 public forum for CITY constituents
prior to COUNTY CSA 152 public hearing for new or increased CSA
152 assessment over prior fiscal year assessment.
(b) Be responsible for CITY updates, corrections or revisions to be
entered into COUNTY data base for CSA 152 or any corrections,
revisions, refunds or issuance of new CITY tax hills through
COUNTY at CITY expense.
(c) Be responsible to COUNTY for any proposed tax assessment
printing and/or mailings CITY may want COUNTY to perform at
CITY expense.
(d) Be responsible for replies to CITY taxpayer inquiries and
requests for CITY CSA 152 budget information and NPDES Program
within CITY boundaries.
(e) Provide COUNTY with CITY telephone numbers and public forum
dates for CITY taxpayer inquiries on CITY CSA 152 program and for
inclusion on CITY CSA 152 assessment mailings or proposed
assessment increases by February 15 of each year, and keep such
numbers updated as necessary.
i
2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of
COUNTY and CITY. CITY share of annual CSA 152 administration shall be a six percent
(6%) fee of CITY CSA 152 annual budget.
A. CITY shall be responsible for payment to COUNTY, at cost, for services that
require:
(1) COUNTY to provide information, billings tapes, data changes, corrections,
refunds, issuances of new CITY tax or revisions to CITY. COUNTY shall
4
,.M 087
I provide an itemized billing of completed work to CITY.
(2) COUNTY to perform printing and/or mailing of proposed tax assessment
3 rates of CITY assessed parcel numbers.
4 3. SHARE OF COSTS. In the event CSA 152 requires the services of a consultant, as
5 mutually determined by COUNTY and CITY, to prepare manuals and/or perform studies
6 such as, but not limited to, management audits and fiscal reports that are relevant to the
7 entire CSA 152 boundary, the cost of said consultant services will be shared by COUNTY
8 and CITY using the methodology of this Section.
9 A. Share of Cost Methodology. The individual percentage contribution from
10 COUNTY and CITY shall be a function of population. Contribution shall be calculated as
11 the population of COUNTY or CITY, divided by the aggregate total population of all CSA
12 152 members, thusly:
13 (1) Contribution (°la) = Xn/Xt
14 Xn = population of COUNTY or CITY
15 Xt = total population of all CSA 152 members combined.
16 (2) The population of COUNTY, CITY and CSA 152 member cities will be
17Ibased on the latest California State Department of Finance population figures
i
18 issued in May of each year.
�i
B. COUNTY shall keep CITY apprised and notified of COUNTY requests for
20 proposal (RFP), selection of consultant, consultant's fee, any contract timetables and
21 it consultant schedule of payments.
2211 4. TERM OF AGREEMENT. The term of this Agreement shall commence on the date
,i
23 U the last duly authorized representative of COUNTY or CITY executes it. The term of the
24 jl agreement shall be indefinite or as long as required for the Clean Water Act.
25 5. VvTTI-IDRAWAL FROM AGREEMENT. Either Party may withdraw from this
�a
26 Agreement thirty (30) days after giving written notice to other Party. In event withdrawal
li
'7
281 5
I R becomes effective, withdrawal shall constitute forfeiture by the withdrawing party of its share
2 j of costs and administrative fees paid as described in Sections 2 and 3 of this Agreement up
3 }I to the effective date of withdrawal. The withdrawing party shall he responsible for all
4 lawfully assessed penalties as a consequence of withdrawal.
5 6. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by
6 mutual consent of the parties to the Agreement. No amendment to this Agreement shall
7 be effective unless it is in writing and signed by the duly authorized representatives of the
8 parties.
9 7. NOTICES, Ali notices shall be deemed duly given when delivered by hand; or five (5)
10 days after deposit in the U. S. mail, postage prepaid.
11 8. GOVERNING LAW. This Agreement will be governed and construed in accordance
12with laws of the United States and the State of California. If any provision or provisions
13 of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality
14 and enforceability of the retraining provisions shall not in any way be affected or impaired
i
15hereby.
16 9. CONSENT TO BREACH NOT A. WAIVER. No term or provision hereof shall be
17 deemed waived and no breach excused, unless such waiver or consent is in writing and
18 it signed by the party so waiving or consenting. .Any consent by any party to, or waiver of, a
i
19 breach by the other party, whether expressed or implied, shall riot constitute a consent to,
20 waiver of, or excuse for any other different or subsequent breach.
21 10, APPLICABILITY OF PRIOR AGREEMENTS. This Agreement and the Exhibits
22 attached hereto constitute the entire agreement between the parties with respect to the
23 subject matter; all CSA 152 prior agreements, representations, statements, negotiations and
24 I understandings are superseded hereby.
25 11, HOLD HARMLESS. Each Party shall indemnify and hold harmless the other parry
26 from liability or damages resulting from its own acts or omissions including those of its
27
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BUDGET FORMAT*
CITY CSA 152 (NPDES)
FY
APPROPRIATIONS*"
Storm Drainage System Inspection -
(36" and larger)
Initial Inspection
Underground/Open Channel
Water Quality Testing
Document Violations
Inspection Preparation Plan
Updating Construction/
Facilities Drawings
EXHIBIT A
Drainage Area Management Plan (DAMP) -
DAMP Preparation
Implementation of Best Management Practices (BMPs)
Inspection Forms for Building/Public
Works Inspectors ----
Additional Catch Basin Maintenance ----
Additional Street Sweeping in Industrial/
Commercial/Central Business Areas ----
Administration of Volunteer Catch Basin
Basin Stenciling ----
Development of Grading Ordinance
Develop BMP Manual for New Development ----
Inspection of Construction Sites for
Compliance of Grading Ordinance
Testing of Sediment in Sediment Basin
Spot Inspection of Commercial/Industrial
Areas for Illegal Dumping ----
Education
Pesticide Training for City Personnel ----
Permit Training Requirements for Inspectors,
Plan Checkers, Engineers and Planners ----
Training for Review/Inspection of BMP and
Inspection for Illegal Dumping ----
Utility Bill Inserts with information on
Impacts of Fuel Spills, Illegal
Dumping, Erosion, etc..
�90
1 officers or employees in the performance of this Agreement.
2 IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first
3 above written.
4 CITY OF LA QUINTA
5 ATTEST:
6 City C]rk
7 By � ' i i .s X,. Ul
8 Mayors
10
11 ;' City Manager
i!
12 Form Approved
13 County Counsel
14 COUNTY OF RIVERSIDE, racsimile Signature
affixed by Clerk o. r
15 g j/ on behalf of CSA 152 Sec. 25103 Gov. Cods
16 Deputy 6 J 241 W
1711 __ ✓
ii
18 y Chairman, Board of Supervisors
KAY CcNtCEROS
19
2J' ATTEST:
21 fl Gerald A. Maloney
i
22 Clerk of he Board
23 By
24 Deputy
25 /
26 /
I
17k
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WV 1 14S
ATTACHMENT 2
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al
ADMINISTRATIVE SERVICES AGREEMENT
FOR CSA 152 NPDES PROGRAM
BETWEEN
RIVERSIDE COUNTY AND CITY OF LA QUINTA
This Agreement, entered into as of this day of 2010 by the
COUNTY OF RIVERSIDE, hereinafter called "COUNTY," and the CITY OF LA QUINTA,
hereinafter called "CITY," establishes the responsibilities and obligations of each part
concerning the management and financing of COUNTY SERVICE AREA 15
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES), hereinafte
called "CSA 152."
RECITALS
WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water
Act (CWA) [33 U.S.C. 1342(p)]; and,
WHEREAS, Section 402(p) requires certain municipalities, construction and
industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES)
Permit before discharging stormwater into the waters of the United States; and,
WHEREAS, COUNTY and CITY have obtained or will obtain a municipal NPDES
Permit for each of the three watersheds of the County; and,
WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs
and obligations associated with the municipal NPDES Permits and individual General
NPDES Permits; and,
WHEREAS, cooperation between COUNTY and CITY in the administration and
implementation of the NPDES Permits is in the best interests of COUNTY and CITY;
and,
WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution
No. 93-454 on December 21, 1993; and,
Page I of 5
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WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this
Agreement that will benefit all parties;
NOW, THEREFORE, the parties hereto do mutually agree as.follows:
1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each party shall
be as follows:
a. CITY shall assume the responsibilities and meet the requirements of CSA
152 administration for CITY by:
I. Providing additions to previous year's tax roll (if any) to be placed
on the upcoming fiscal year tax roll.
ii. Providing agenda item approving Benefit Assessment Unit (BAU)
Levy and CITY'S CSA 152 budget for each fiscal year.
iii. Notify COUNTY of any changes to Tax Rate Area of individual
parcels to be placed on Tax Roll.
iv. Research parcels that were rejected from list of Assessor Parcel
Numbers (APNs) submitted to County.
v. Notify COUNTY of any corrections to rejected parcels to be placed
on Tax Roll prior to Auditor Controllers deadline for submittal of
APNs.
vi. Submit to COUNTY requests for reimbursement of actual
expenditures incurred under provision of approved CITY CSA 152
budget.
b. COUNTY shall assume the responsibilities and meet the requirements of
CSA 152 administration for COUNTY and CITY by:
I. Forwarding of APNs received from CITY to Auditor Controller to be
placed on Tax Roll.
ii. Notify CITY of any rejected parcels.
Page 2 of 5
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iii. Forward CITY'S corrections of rejected parcels to Auditor
Controller.
iv. Provide spreadsheet of CSA 152 assessments placed on tax roll
and fiscal year financial summary.
v. Collect assessment for CSA 152 on behalf of CITY.
vi. Reimburse CITY for actual expenditures incurred under provision
approved CITY CSA 152 budget.
2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of
COUNTY and CITY. COUNTY shall charge six (6%) percent of new CITY CSA
152 annual revenue for administration.
3. TERM OF AGREEMENT. The term of this Agreement shall commence on the
date the last duly authorized representative of COUNTY or CITY executes it.
The term of the Agreement shall be five (5) years.
4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this
Agreement thirty (30) days after submitting written notice to other party. In the
event termination becomes effective, termination shall constitute forfeiture by the
terminating Party of its share of costs and administrative fees paid as described
in Section 2 of this Agreement up to the effective date of termination. The
terminating Party shall be responsible for all lawfully assessed penalties as a
consequence of termination.
5. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by
mutual consent of the parties to the Agreement. No amendment to this
Agreement shall be effective unless it is in writing and signed by the duly
authorized representatives of the parties.
6. GOVERNING LAW. This Agreement will be governed and construed in
accordance with laws of the United States and the State of California. If any
provision or provisions of this Agreement shall be held to be invalid, illegal, or
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unenforceable, the validity, legality, and enforceability of the remaining provisions'
shall not in any way be affected or impaired hereby.
7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be
deemed waived and no breach excused, unless such a waiver or consent is in
writing and signed by the Party so waiving or consenting. Any consent by any
Party to, or waiver of, a breach by the other Party, whether expressed or implied,
shall not constitute consent to, waiver of, or excuse for any other different or
subsequent breach.
8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the
entire agreement between the parties with respect to the subject matter; all CSA
152 prior agreement, representations, statement, negotiations, and
understandings are superseded hereby.
9. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other
party from liability or damages resulting from its own acts or omissions including
those of its officers or employees in the performance of this Agreement.
Page 4 of 5 .�v 0195
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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year
first above written.
COUNTY OF RIVERSIDE,
On behalf of CSA 152
Chairman, Board of Supervisors
Approved as to Form
County Counsel
BY
ATTEST:
Clerk of the Board
m
Page 5 of 5
CITY OF LA OUINTA
City Manager
Approved as to Form
City Attorney
BY
WZ�V---
ATTEST:
City Clerk
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Approval of Plans, Specifications &
Engineer's Estimate (PS&E) of Probable Construction
Costs and Authorization to Advertise for Bid the New
Traffic Signal and Street Improvements at Dune Palms
Road and A Street, Project No. 2009-10
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: (_J
CONSENT CALENDAR: b
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications and engineer's estimate of probable construction
costs, and authorize staff to advertise for bid the New Traffic Signal and Street
Improvements at Dune Palms Road and A Street, Project No. 2009-10.
FISCAL IMPLICATIONS:
The following is the project's funding and funding sources:
Transportation DIF:
Developer Funding:
General Fund:
RDA PA 2 Low Mod:
RDA Project Area Number 2
Total Funding
$215,000
$215,000
$150,910
$349,925
$500,835
$1,431,670
The following is the anticipated project budget:
Construction:
Design:
Inspection/Testing/Survey:
Professional:
Administration:
Contingency:
Total Estimated Expenditures
$1,030,170
$140, 000
$90,000
$ 50,000
$21,500
$100,000
$1,431,670
As illustrated, adequate funding is available to support Staff's recommendation.
097
CHARTER CITY IMPLICATIONS:
The project is partially funded with RDA Project Area Number 2 Funds. The project
will be advertised as a prevailing wage improvement.
BACKGROUND AND OVERVIEW:
The project is located on Dune Palms Road at the entry to vacated Sam's Club and the
newly aligned "A" Street. The proposed, improvements include the installation of a
new traffic signal, modifications to the Sam's Club entry driveway, and a new street
("A" Street) to the east. "A" Street is intended to be a new roadway that will provide
access to the Coral Mountain affordable housing project and will continue past that
development and ultimately connect Dune Palms Road with the Komar Center
(Costco). Because the Coral Mountain development will not take access from Highway
1 1 1, a portion of A Street is a necessary element of that project.
On April 15, 2008 the City Council adopted Resolution 2008-023 approving the Fiscal
Year 2008-2009 through 2012-2013 Capital Improvement Program (CIP). The New
Traffic Signal at Dune Palms Road and Retail Center (Sam's Club) is included within
the adopted CIP and scheduled for funding during Fiscal Years 2008-2009.
On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal
Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making
certain findings pursuant to Health and Safety Code Section 33445(a). The A Street
Extension (Dune Palms Road easterly to Komar Center) is included within the adopted
CIP and scheduled for funding during Fiscal Years 2009-2010.
On July 21, 2009, the City Council authorized staff to distribute a Request for
Proposal (RFP) to obtain professional engineering services to prepare the plans,
specifications and engineer's estimate (PS&E) for the New Traffic Signal and Street
Improvements at Dune Palms Road and A Street, Project No. 2009-10, and appointed
a consultant selection committee.
On September 15, 2009, the City Council approved a Professional Services Agreement
(PSA), in the amount of $79,296, with VA Consulting, Inc. to prepare the PS&E for
the New Traffic Signal and Street Improvements at Dune Palms Road and A Street,
Project No. 2009-10.
The PS&E for the New Traffic Signal and Street Improvements at Dune Palms Road
and A Street are now complete and available for review within the City's Public Works
Department.
098
Contingent upon City Council authorization to advertise the project for bid on May 17,
2011, the following is how the project is expected to proceed:
City Council Approves PS&E May 17, 2011
Advertise the Project for Construction May 18, 2011 - June 9, 2011
City Council Awards Construction June 21, 2011
Construction (5 months) July 2011 - November 2011
Accept Improvements December 2011
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the PS&E of probable construction costs, and authorize staff to
advertise the New Traffic Signal and Street Improvements at Dune Palms Road
and A Street, Project No. 2009-10, for bid; or
2. Do not approve the P&E of probable construction costs, and do not authorize
staff to advertise the New Traffic Signal and Street Improvements at Dune
Palms Road and A Street, Project No. 2009-10, for bid; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. onass P.E.
Public W s Dire r/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
.. C.99
Twyl 4 4Qu&rw
COUNCHJRDA MEETING DATE: May 17, 2011
ITEM TITLE: Approval of a Lease Agreement with the
Family YMCA of the Desert for Use of the City
Owned Facility
RECOMMENDATION:
KTVI 1W
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the Lease Agreement with the Family YMCA of the Desert for use of the City
owned facility with a termination date of June 30, 2021 and authorize the City
Manager to execute the Agreement.
FISCAL IMPLICATIONS:
The Lease Agreement (Attachment 1) specifies under Section 3.1 that rent in the
amount of $1.00 per year be paid by the Family YMCA of the Desert (YMCA) to the
City. The rent is to be collected in advance of the commencement date for the full
term of the lease. The YMCA is responsible for the day-to-day maintenance and
operation of the building. The City is responsible for certain major repairs.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The first Lease Agreement (Agreement) between the City and the YMCA was approved .
by the City Council on February 5, 1991 for the use of the City owned child care
facility. The Agreement was amended on June 4, 1991 to provide priority placement
for La Quinta residents in the child care program. A second Agreement was approved
in April 1996 that extended the lease to 2001.
On June 19, 2001 the City Council approved a ten year Lease Agreement with the
YMCA. The agreement expires on June 30, 2011. It is recommended that an
additional ten year lease be approved by the City Council.
In April 2002, the YMCA, with the approval of the City Council, added an addition to
the building expanding the size by 2,500 square feet. The La Quinta Child Care facility
is currently at capacity with 120 preschool students.
r
1.,U
The language in the Agreement has been updated by the City Attorney and the major
change to the agreement is increasing the insurance requirements as recommended by
the California Joint Powers Authority.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the Lease Agreement with the Family YMCA of the Desert for use of
the City owned facility with a termination date of June 30, 2021 and authorize
the City Manager to execute the Agreement; or
2. Do not approve the Lease Agreement with the Family YMCA of the Desert for
use of the City owned Facility; or
3. Provide staff with alternative direction.
Respectf Ily submitted,
Edie Hylton
Community Services Director
Attachment: 1. Lease Agreement
Approved for submission by:
G
Thomas P. Genovese, City Manager
.. JP1
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") is entered into this _ day of , 2011 by
and between the CITY OF LA QUINTA ("Lessor"), a charter city formed under the Constitution
of the State of California, and the FAMILY YMCA OF THE DESERT, a California nonprofit
corporation ("Lessee").
In consideration of the payments to be made hereunder and the covenants and agreements
contained herein, the parties hereto agree. as follows:
ARTICLE I. TERM OF LEASE
1.1 Premises and Grant of Lease. Lessor owns the parcel of real property and
improvements thereon located in the City of La Quinta, legally described in Exhibit "A"
attached hereto and incorporated herein by this reference (the "Premises"). The address of the
Premises is 49-955 Park Avenue, La Quinta, California. Lessor agrees to lease to Lessee and
Lessee agrees to lease from Lessor the Premises upon the terms and conditions expressed
herein.
1.2 Reservation. Lessor reserves to itself, its successors, and assigns, the non-exclusive
right to enter upon the Premises in accordance with any rights of Lessor set forth in this Lease.
Lessor also reserves to itself, its successors, and assigns, the right to grant the non-exclusive
right to enter upon the Premises to others provided it does not unduly interfere with the
Lessee's use of the Premises,
1.3 Exceptions to Leasehold Estate. This lease is made subject to all covenants, conditions,
restrictions, reservations, rights, rights -of -way, easements, and all other matters of record or
apparent upon a visual inspection of the Premises affecting the Premises or the use thereof on
the date this Lease is executed by Lessee.
1.4 Term. The "Term" of this Lease shall be ten (10) years, commencing on the date (the
"Term Commencement Date") that this Lease has been executed by both parties.
1.5 Date of Lease and Legal Effect. The terms, covenants and conditions of this lease shall
become legally binding on the Term Commencement Date.
ARTICLE II. OWNERSHIP OF IMPROVEMENTS
2.1 Ownership of Improvements and Furnishings Fixtures, Equipment and Personal
Property. During the entire Term of this Lease, the improvements and all fixtures that are
made in or on the Premises by Lessee, and all changes, alterations, improvements and addition
thereto, shall be owned by and considered as the property of Lessor. Furniture and Equipment
that is purchased by the Lessee that is not affixed to the improvements or property shall be
owned by and considered as property of Lessee.
ARTICLE III. RENT
3.1 Rent. During the Term of this Lease, Lessee shall pay to Lessor for each year from the
Term Commencement Date One Dollar ($1.00) (the "Rent"). The Rent owing for the full Term
of the Lease shall be payable in advance of the Term Commencement Date.
3.2 Additional Payments. Except as otherwise provided in this Lease, all sums of money or
charges whatsoever required to be paid by Lessee to Lessor under this Lease other than Rent
shall be due and payable fifteen (15) days after demand, presented in writing by certified mail,
overnight mail, or personal delivery without any deductions or offsets whatsover.
3.3 Place of Payment. Lessee agrees to pay the rental and other charges herein required to
Lessor at 78-495 Calle Tampico, La Quinta, California 92253, to the attention of the Finance
Director.. All payments shall be made by check for an account in lawful money of the United
States. All payments requiring proration shall be prorated on the basis of a thirty (30) day
month.
ARTICLE IV. USE OF PREMISES AND COMPLIANCE WITH LAW
4.1 Permitted Uses. Lessor's primary purpose for entering into this Lease is to provide for
the operation of the Premises which shall be used to provide child care services and a center
for the youth oriented activities of other community organizations. Lessee shall use the
Premises for these purposes. Lessee shall not use the Premises for any other purposes without
prior written consent of Lessor.
Lessee, at Lessee's expense, shall promptly comply with all present and future laws,
ordinances, orders, rules, regulations and requirements of all governmental authorities having
jurisdiction affecting the Premises or the cleanliness, safety, occupancy and use of the same,
whether or not any such law, ordinance, order, rule, regulation or requirement is substantial, or
foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural changes of
the improvements on the Premises or interfere with the use and enjoyment of the Premises. If
any governmental license or permit shall be required for the proper and lawful conduct of the
Premises as a child care center, Lessee shall procure and thereafter maintain such license or
permit at its sole cost and expense and shall submit the same for inspection by Lessor.
4.2 Use of Premises by Community Organizations. Lessor and Lessee agree that the
Premises shall be available for use by community organizations other than Lessee. Lessee shall
be responsible for scheduling use of the Premises by community organizations which shall be
available to these organizations after 6:30 P.M. Monday through Friday and all day Sunday.
Lessor shall be responsible for scheduling use of the Premises by community organizations
which shall be available all day Saturday. Lessee and Lessor shall incorporate a security
deposit system when scheduling the Premises to cover any damages to furniture, equipment or
property.
4.3 Nondiscrimination. Lessee covenants for itself, its heirs, executors, administrators, and
assigns, and all persons claiming under or through it, that this Lease is made and accepted
upon and subject to the condition that there shall be no discrimination against or segregtion of
any person or group of persons on account of race, color, creed, religion, sex, age, national
origin, ancestry, political affiliation or physical handicap associated with the construction,
operation and maintenance of the Premises.
4.4 City Resident Incentives. Lessee is hereby required to develop an incentive program
(the "Program") for residents of the City of La Quinta in the form of priority placement on
waiting lists, if any. The Program shall provide preference for admission in the following order:
(i) children of La Quinta residents; (ii) children of persons who work in La Quinta; and (iii) all
other applicants. Failure to provide a Program shall constitute a "default" as such term is used
in Section 12.1 hereof.
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ARTICLE V. PAYMENT OF EXPENSES
5.1 Lessee shall pay all of the costs and expenses in the operation, management, and
maintenance of the Premises except as otherwise provided in this Lease. Lessee's expenses
shall include, without limitation, the following: (i) expenses incurred by Lessee in connection
with the Premises for general maintenance, painting, lighting, cleaning, trash removal, security,
fire protection; (ii) all charges, surcharges and other levies imposed by, and all costs (whether
or not capital in nature) of compliance with the requirements of any federal, state or local
governmental agency regulating use of the Premises as a child care center; and (iii) the actual.
cost of repairs to the Premises, excluding major repairs. Lessee shall pay all charges for gas,
water, sewer, electricity, telephone and other utility services used on or in the Premises. If any
such charges are not paid when due, Lessor may pay the same after giving Lessee fifteen (15)
days prior written notice, and any amount so paid by Lessor shall thereupon become due to
Lessor from Lessee as additional Rent. Lessor shall pay the costs of major repairs to the
Premises, which shall include repairing and replacing the roof, plumbing, heating, air
conditioning and electrical systems. Prior to authorization of any major repairs, Lessee shall
obtain written authorization by Lessor indicating approval of contractor and amount of
contractor's estimate.
ARTICLE VI. MAINTENANCE OF LEASED PREMISES
6.1 Lessee's Obligations for Maintenance.
(a) Lessee's Obligations. Lessee, at Lessee's expense without cost to Lessor, shall
maintain in good order, condition, quality, and repair, the building located on Premises
and every part thereof and any and all appurtenances thereto wherever located, and
Lessee shall be responsible for all other repairs (except for major repairs specified in
Section 5.1), replacements, renewals and restorations, ordinary and extraordinary,
foreseen and unforeseen.
If Lessee wishes to make any repairs to the Premises which would result in a change to
Premises or adversely affect the value of the Premises, Premises, Lessee shall submit to
Lessor for its approval documentation which describes the desired repairs, including
floor plans, building sections, building materials and components, samples of proposed
exterior building materials, and the like, to the extent relevant to the particular repair.
Lessor's response shall be given within a reasonable period of time not to exceed sixty
(60) days after receipt by Lessor from lessee of all necessary documents and
information relating to such repairs (which sixty (60) day period does not include the
Lessor's normal development review requirements). The Lessor's approval shall not be
unreasonably withheld provided that the proposed repair shall not, in Lessor's
reasonable judgment, impair or diminish the value or structural integrity of the Premises,
or not be in harmony with neighboring buildings.
(b) Standard of Maintenance. Lessee shall keep and maintain the Premises in a
clean, sanitary and safe condition in accordance with the laws of the State of California
and in accordance with all directions, rules and regulations of the health officer, Fire
Marshall, building inspector or other proper officials of the governmental agencies
having jurisdiction, and Lessee shall comply with all requirements of laws and
ordinances affecting the Premises, all at the sole cost and expense of Lessee. At the
time of the expiration of the tenancy created herein, Lessee shall surrender the
Premises and the improvements thereon in good order, condition and repair.
104
(c) Liens. Lessee shall keep the Premises free from any and all liens arising out of
any work performed, materials furnished or obligations incurred by or for Lessee, and
agrees to cause to be discharged of record any mechanic's or materialmen's lien within
twenty (20) days after the lien has been filed or within ten 00) days after receipt of
written request from Lessor, whichever shall be the sooner. Lessee shall give Lessor at
least fifteen 0 5) days written notice prior to commencing or causing to be commenced
any work on the Premises (whether prior or subsequent to the commencement of the
Term), so that Lessor shall have reasonable opportunity to file and post notices of non -
responsibility for Lessee's work. Lessor may condition its consent to work upon Lessee
posting lien and material and/or completion bonds in amounts as may be necessary to
cover the anticipated cost of such work and potential overruns. Lessee shall reimburse
Lessor for any and all costs and expenses which may be incurred by Lessor by reason
of the filing of any such liens and/or removal of same, such reimbursement to be made
within ten (10) days after receipt by Lessee from Lessor of a statement setting forth
the amount of the costs and expenses.
(d) Lessor's Substitute Performance. In the event Lessee fails, refuses or neglects
to commence and complete promptly and adequately any of the required repairs or
maintenance, to remove any lien, to pay any cost or expense relating to such matters,
or to otherwise perform any act or fulfill any obligation required of Lessee pursuant to
this Section 6.1, Lessor may, but shall not be required to, make or complete any such
repairs or maintenance, remove such lien, or pay such cost and expense, and Lessee
shall reimburse Lessor for all costs and expenses of Lessor thereby incurred within
fifteen (15) days after receipt by Lessee from Lessor of a statement setting forth the
amount of such costs and expenses which shall be deemed to be additional Rent and
subject to the same consequences as herein provided for failure to pay Rent. If
reasonably possible under the circumstances, Lessor shall give Lessee written notice
fifteen (15) days prior to commencement of any substitute performance. Any failure by
Lessor to give such notice, however, shall not prejudice Lessor's rights. hereunder.
Lessor's rights and remedies pursuant to this subsection (d) shall be in addition to any
and all other rights and remedies provided under this Lease or at law.
6.2 Lessor's Obligations For Maintenance
(a) Grounds and Playground. Lessor shall maintain the grounds surrounding the
building on Premises including all landscaping areas, playgrounds, and equipment
excluding trash enclosure areas which shall be the responsibility of Lessee. Lessor shall
also maintain, repair and replace the parking areas located on the Premises..
(b) Trash Removal. Lessor shall be responsible for removing all trash on the
Premises which is generated by Lessor's maintenance of the grounds.
ARTICLE VII. INSURANCE
7.1 Lessee's Insurance.
(a) Types. Lessee, at no cost and expense to Lessor, shall procure and keep in full
force and effect during the Term or cause to be procured and kept in full force and
effect for the mutual benefit of Lessor and Lessee, insurance policies meeting the
minimum requirements set forth below or such greater requirements that are generally
obtained from time to time for properties, improvements, activities, and operations
similar to those on the Premises in the Southern California area:
1`'5
W comprehensive general liability insurance with respect to the Premises
and the operations of or on behalf of Lessee or its agents, officers, directors,
and employees in, on or about the Premises in an amount not less than Two
Million Dollars ($2,000,000) per occurrence combined single limit bodily injury,
personal injury, death and property damage liability per occurrence, subject to
such increases in amount as Lessor may reasonably require from time to time.
Coverage shall include, but not be limited to personal injury liability, premises
and operation, blanket contractual, cross liability, severability of interest, broad
form property damage, and independent contractors. The policy or policies shall
include an endorsement naming Lessor, its officers, employees, and agents as
additional insureds under such policy or policies;
(ii) worker's compensation coverage as required by the laws of the State of
California together with employer's liability coverage; and
(iii) with respect to the improvements, fixtures, furnishings, equipment and
other items of personal property located on or in the Premises, insurance against
fire, peril of flood, extended coverage, vandalism and malicious mischief, and
such other additional perils, hazards and risk as now are or may be included in
standard "all risk" forms in general use in Riverside County, California, for an
amount equal to not less than the full current actual replacement cost thereof.
Lessor shall be an additional insured under such policy or policies and such
insurance shall contain a replacement cost endorsement.
(b) Standard. All policies of insurance required to be carried by Lessee under this
Lease shall be written by responsible and solvent insurance companies authorized to do
business in the State of California. Any such insurance required of Lessee hereunder
may be furnished by Lessee under any blanket policy carried by it or under a separate
policy therefor. A copy of each paid -up policy evidencing such insurance (appropriately
authenticated by the insurer) or a certificate of the insurer, including copies of all
applicable endorsements, certifying that such policy has been issued, providing the
coverage required by this Section and containing provisions specified herein, shall be
delivered to Lessor prior to the date Lessee is given the right of possession of the
Premises or as Lessor may otherwise require, and upon renewals, not less than thirty
(30) days prior to the expiration of such coverage. Lessor may, at any time, and from
time to time, inspect and/or copy any and all insurance policies required to be procured
by Lessee hereunder. In no event shall the limits of any policy be considered as limiting
the liability of Lessee under this Lease.
(c) Specific Provisions in Policy. Each policy evidencing insurance required to be
carried by Lessee pursuant to this Article shall contain the following endorsements,
provisions or clauses:
W an endorsement stating that the insurer will not cancel or materially
change the coverage provided by such policy except after giving Lessor thirty
(30) days' prior written notice (10 days for non-payment); and
00 a waiver by the Lessee's insurer of any right to subrogation against
Lessor, its agents, employees or representatives which arises or might arise by
reason of any payment under such policy or policies or by reason of any act or
omission of Lessor, its agents, employees or representatives.
(iii) Lessee's coverage shall be primary insurance as respects Lessor, its 106
officers, employees and agents. Any insurance or self-insurance maintained by
Lessor, its officers, employees, or agents shall be excess of the Lessee's
insurance and shall not contribute with it.
(iv) Any deductibles or self -insured retentions must be declared to and
approved by the Lessor. At the option of Lessor, either: the Lessee shall obtain
coverage to reduce or eliminate such deductibles or self -insured retentions as
respects Lessor, its officers, employees and agents; or the Lessee shall provide a
financial guarantee satisfactory to the Lessor guaranteeing payment of losses
and related investigations, claim administration, and defense expenses.
(d) Lessor's Substitute Performance. In the event that Lessee fails to procure,
maintain and/or pay for at the times and for the durations specified in this Section 7.1,
any insurance required by this Section, or fails to carry insurance required by law or
governmental regulation, Lessor may (but without obligation to do so) at any time or
from time to time, after thirty (30) days written notice to Lessee, procure such
insurance and pay the premiums therefor, in which event Lessee shall repay Lessor all
sums so paid by Lessor together with interest thereon as provided elsewhere herein,
within fifteen (15) days following Lessor's written demand to Lessee for such payment.
ARTICLE Vill. INDEMNITY
8.1 Covenant to Indemnify and Hold Harmless. Lessee covenants to defend and indemnify
Lessor, its officers, directors, partners, representatives, agents and employees, and save them
from and against any and all claims, actions, losses, damages, liability, and expenses,
including attorneys' fees, in connection with the loss of life, bodily injury and/or damage to
property arising from or out of or in connection with any occurrence in, upon or at the
Premises, or the occupancy or use by Lessee of the Premises or any part thereof, or arising
from or out of Lessee's failure to comply with any provision of this Lease or otherwise
occasioned wholly or in part by any act or omission of Lessee, its agents, directors,
representatives, contractors, employees, servants, invitees or licensees, excepting that the
foregoing indemnification and hold harmless provision shall not apply in the event of any
uninsured willful or actively negligent misconduct on behalf of Lessor or any of its agents,
representatives, or employees, or in the event any such claims, actions, losses, damages,
liability, costs, or expenses arise out of a breach by Lessor of its obligations under this lease.
If Lessor is made a party to any litigation involving a claim covered by the previous paragraph,
then Lessee shall protect, defend and hold Lessor harmless and shall pay all costs, expenses
and reasonable attorneys' fees incurred or paid by Lessor in connection with such litigation.
Lessor may, at its option, require Lessee to assume Lessor's defense in any action covered by
this Section 8.1 through counsel selected by Lessor and reasonably satisfactory to Lessee.
Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to
property or injury to persons in, upon or about the Premises and the improvements thereon
from any cause whatsoever, and Lessee hereby waives all its claims in respect thereof against
Lessor excepting only damage or injury arising out of (i) the uninsured willful or actively
negligent misconduct or Lessor or any of its agents, representatives, or employees, or (ii) a
breach by Lessor of its obligations under this Lease.
8.2 . Waiver of Subrogation. Each party hereto does hereby waive, remise, release and
discharge the other party hereto and any officer, director, shareholder, beneficiary, partner,
agent, employees or representative of such other party, of and from any liability whatsoever
hereafter arising from loss or damage for which insurance containing a waiver of subrogation is
carried by the injured party under such insurance. Lessee shall, upon obtaining the policies of 1 o
insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing
mutual waiver of subrogation is contained in this Lease.
ARTICLE IX. ALTERATIONS AND ADDITIONS
9.1 Without Lessor's prior written consent, which consent may be withheld or granted in
Lessor's sole discretion, Lessee shall not have the right to make changes or alterations to the
Premises. All such changes, alterations, rebuilding, replacements, additions, improvements and
repairs to the Premises made by Lessee shall be deemed to have attached to the realty and to
have become the property of Lessor upon the expiration of the Term or upon sooner
termination of this Lease.
ARTICLE X. CASUALTY LOSS AND RESTORATION
10.1 Non -Termination. Except as provided herein, no destruction or damage to the Premises
or the improvements thereto by fire, windstorm or other casualty whether insured or uninsured
shall entitle Lessee to terminate this Lease.
10.2 Repair of Damage
(a) Obligation to Repair Damage Due to Casualty Covered by Insurance. If the
Premises shall be totally or partially destroyed or rendered wholly untenantable by fire
or other casualty required to be insured by Lessee, Lessor shall promptly proceed to
obtain insurance proceeds and take all reasonable steps necessary to begin
reconstruction and, immediately upon receipt of insurance proceeds, promptly and
diligently commence the repair or replacement of the improvements to the Premises to
substantially the same condition as they are required to be maintained in under this
Lease, so long as the insurance proceeds are sufficient to cover the actual cost of
restoration, and shall complete the same as soon as possible so that Lessee may
continue in occupancy. If, however, the insurance proceeds are insufficient or the
then -existing laws of any other governmental agencies with jurisdiction over the
Premises do not permit the restoration, Lessor may elect to terminate this Lease by
giving notice to Lessee. If the insurance proceeds are insufficient to allow the
restoration of the Premises, and Lessor elects to terminate the Lease, the proceeds will
be the property of the Lessor.
10.3 Continued Operations. During any period of repair, Lessee shall continue, or cause the
continuation of, the operations of its programs on the Premises and use of the Premises by
community groups to the extent reasonably practicable. However, irrespective of the
continued operation during such period for repair, the Rent payable hereunder shall not be
deferred and shall not be abated. Upon completion of such repair and restoration, Lessee shall
promptly refixture and restock the improvements on the Premises, if necessary, substantially to
the condition prior to the casualty, or as otherwise required by this Lease, whichever is greater,
and shall reopen if closed by the casualty.
ARTICLE XI. ASSIGNMENTS AND SUBLETTING
11.1 Agency's Consent Required. Notwithstanding any provision herein to the contrary,
Lessee agrees and covenants (which covenants shall be binding upon the heirs, executors, and
administrators of Lessee) that Lessee shall not, either; voluntarily or by operation of law,
assign, sell, encumber, pledge, sublet or otherwise transfer all or any part of Lessees's
leasehold estate hereunder, without Lessor's prior written consent. No assignment, whether
voluntary or involuntary, by operation of law, under legal process or proceedings,'. by 10 8
receivership, in bankruptcy, or otherwise, and no subletting shall be valid or effective without
such prior written consent of Lessor, and at Lessor's election, shall constitute a default.
11.2 Lessee Remains Obligated. No subletting or assignment, even with the consent of
Lessor, shall relieve Lessee of its obligation to pay Rent and all of its other obligations
hereunder. The acceptance by Lessor of any payment due hereunder from any person or entity
other than Lessee shall not be construed as a waiver by Lessor of any provision of this Lease
or as a consent to any assignment or subletting. Consent by Lessor to an assignment of the
Lease or to a subletting of the Premises shall not operate as a waiver or estoppel to the future
enforcement by Lessor of its rights pursuant to this Lease.
ARTICLE XII. DEFAULT
12.1 Event of Default. The word "default", as used in this Section 12.1, shall mean and
include any one or more of the following events or occurrences:
(a) The failure by Lessee to make any payment of Rent, or other payment required
to by made by Lessee hereunder, when due and the continuance of such failure for a
period of fifteen (15) days after Lessor has given Lessee written notice specifying the
same;
(b) The failure of Lessee to perform any term, condition, covenant or agreement of
this Lease, excluding the payment of Rent, and the continuation of such failure for a
period of thirty (30) days after Lessor shall have given Lessee written notice specifying
the same, or in the case of a situation in which the default cannot reasonably be cured
within thirty (30) days, if Lessee shall not promptly, within thirty (30) days after receipt
of such notice, commence to remedy the situation by a means that can reasonably be
expected to remedy the situation within a reasonable period of time, and diligently
pursue the same to completion;
(c) The abandonment by Lessee of the Premise or a substantial portion thereof;.
(d) Lessee's (i► application for, consent to, or suffering of, the appointment of a
receiver, trustee, or liquidator for all or for a substantial portion of its assets; (ii) making
a general assignment for the benefit of creditors; (iii) being adjudged a bankruptcy; (iv)
filing a voluntary petition or suffering an involuntary petition under any bankruptcy,
arrangement, reorganizations or insolvency law (unless in the case of an involuntary
petition, the same is dismissed with thirty (30) days of such filing); or (v) fifteen (15)
consecutive days any attachment, levy, execution or seizure of all or a substantial
portion of the Lessee's assets or of Lessee's interest in this Lease;
12.2 Remedies.
(a) General. In the event of any default by Lessee, including the expiration of any
applicable cure period, Lessor may:
(i1 Terminate Lessee's right to possession of the Premises by any lawful
means, in which care this Lease shall terminate and Lessee shall immediately
surrender possession of the Premises to Lessor.
Lessor may terminate this Lease by express written notice to Lessee of its
election to do so. Such termination shall not relieve Lessee of any obligation
hereunder which has accrued prior to the date of such termination. In thesvent 109
of such termination, Lessor shall be entitled to recover from Lessee the amounts
all amounts due and owing under the Lease and the costs of restoring the
Premises to the condition it was in at the commencement of the Term.
(b) Reasonable Rental Value. In any action or proceeding commenced by Lessor
against Lessee by reason of any default hereunder, the reasonable rental value of the
Premises for the period of the unlawful occupation by Lessee shall be the fair market
value of the use of the Premises for that period. .
(c) Cumulative Remedies. Except as may be specifically provided herein, the rights
and remedies reserved to Lessor and Lessee herein, including those not specifically
described, shall be cumulative and, except as provided by California statutory or
decisional law in effect at the time, either Lessor or Lessee may pursue any or all of
such rights and remedies at the same time or otherwise.
(d) Lessor's Non -Waiver. No delay or omission of Lessor to exercise any right or
remedy shall be construed as a waiver of any right or remedy or of any default by
Lessee hereunder. The acceptance by Lessor of Rent or any additional rent hereunder
shall not be a waiver of any preceding breach or default by Lessee of any provision
hereof, other then the failure of Lessee to pay the particular Rent accepted, regardless
of Lessor's knowledge of such preceding breach or default at the time of acceptance of
such rent, or a waiver of Lessor's right to exercise any remedy available to Lessor by
virtue of such beach or default. The acceptance of any payment from a debtor in
possession, a trustee, a receiver or any other person acting on behalf of Lessee or
Lessee's estate shall not waive or cure a default under Section 12.1(d).
(e) Lessor's Reentry. Lessee hereby irrevocably consents to Lessor's peaceable
reentry, if Lessor so elects, to the Premises upon the occurrence of any of the events of
default specified in Section 12.2'(a) (ii) above, including the expiration of any applicable
cure period.
(f) Lessor's Advances. In the event of any default by Lessee in the payment of
money, other than Rent, or the performance of Lessee's obligations required under this
Lease, and the expiration of any period expressly provided for herein for Lessee to cure
said default after the delivery of notice by Lessor, in addition to the other remedies
herein granted to Lessor, Lessor may, but shall not be obligated to do so, and without
waiving or releasing Lessee from any obligations of this Lease, make any payment and
perform any othef act on Lessee's part to be made or performed as provided in this
Lease. All sums paid by Lessor and all necessary incidental costs, together with
interest thereon at the rate of ten percent (10%) per annum from the date of the
payment by Lessor shall be payable by Lessee to Lessor on demand. The sums shall be
deemed to be additional Rent and subject to the same consequences as herein provided
for failure to pay Rent. `
12.3 Default by Lessor. Lessor shall not be deemed to be in default in the performance of
any obligation required to be performed by it hereunder unless and until it has failed to perform
such obligation within thirty (30) days after written notice by Lessee to Lessor specifying in
reasonable detail the nature and extent of any such failure; provided, however, that if the
nature of Lessor's obligation is such that more than thirty (30) days are required for its
performance, then Lessor shall not be deemed to be in default if it shall commence such
performance within such thirty (30) day period and thereafter diligently prosecutes the same to
completion. 110
.f
12.4 Legal Expenses and Collection Costs. If either party incurs any expense, including
actual costs of collection, reasonable attorneys' fees, expenses of discovery, preparation for
litigation, expert witness fees and litigation expenses and costs, in connection with any action
or proceeding instituted by either party by reason of any default or alleged default of the other
party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its
reasonable expenses from the other party. For purposes of this provision, in any unlawful
detainer or other action or proceeding instituted by Lessor based upon any default or alleged
default by Lessee hereunder, Lessor shall be deemed the prevailing party if (a) judgment is
entered in favor of Lessor or (b) prior to trial or judgment Lessee shall pay the Rent and charges
claimed by Lessor, or eliminate the condition(s), cease the act(s) or otherwise cure the
omission(s) claimed by Lessor to constitute a default by Lessee hereunder.
ARTICLE XIII. HOLDING OVER
13.1 This Lease shall terminate and become null and void without further notice upon the
expiration of the Term herein specified, and any holding over by Lessee after such expiration
shall not constitute a renewal or extension hereof or give Lessee any rights under this Lease,
except when in writing signed by both parties hereto.
ARTICLE XIV. ACCESS BY LESSOR
14.1 In addition to the right of Lessor to reserve use of the Premises under Article IV, Section
4.2, Lessor and those agents, contractors, servants and employees of Lessor who are
identified in writing to Lessee shall have the right, after reasonable notice to Lessee, to enter
the Premises during normal business hours (a) to examine the Premises, to perform any
obligations of Lessor or to exercise any right or remedy reserved to Lessor in this Lease; (b) to
exhibit the Premises to prospective purchasers, mortgagees or lessees of Lessor's interest
therein; (c) to make such repairs as Lessor may be entitled to make after a default by Lessee
under Article XII above; and (d) to take all materials into and upon the Premises that may be
required in connection with such repairs, provided that any such entry shall be performed in
such a manner that does not unreasonably interfere with Lessee's use of the Premises. If
Lessor exercises its rights of entry in compliance with this Article XIV, such entry shall not
constitute a constructive or actual eviction of Lessee, in whole or in part, and the Rent shall
not abate while any such repairs are being made. If, during the last month of the Term, Lessee
shall have removed all or substantially all of Lessee's property therefrom, Lessor may
immediately enter and alter, renovate and redecorate the Premises without elimination or
abatement of Rent and without other compensation and such action shall have no effect upon
this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon
Lessor any obligation, responsibility or liability whatsoever for the care, supervision or repair of
the Premises.
ARTICLE XV. QUIET ENJOYMENT
15.1 Upon payment by Lessee of the Rents provided herein, and upon the observance and
performance of all of the covenants, terms and conditions on the part of Lessee to be
performed hereunder, Lessor covenants and warrants that Lessee may peaceably and quietly
hold and enjoy the Premises for the Term.
ARTICLE XVI. FURNITURE, FIXTURE, AND EQUIPMENT FINANCING
16.1 it is contemplated that during the Term of this Lease, Lessee shall place or cause the
placement from time to time of Furniture, Fixtures or Equipment (collectively "FF&E") on the
Premises which shall be subject to lease and/or purchase financing encumbrances (collectively 1
"FF&E" Financing). Prior to Lessee having the right to place any FF&E on the Premises subject
to FF& E Financing, Lessee shall be required to deliver to Lessor written notice of any such
proposed FF&E Financing at least sixty (60) days prior to the creation of such FF&E Financing,
together with documentation in reasonable detail so that Lessor may review and approve or
disapprove, in Lessor's reasonable discretion, the FF&E Financing. Such information shall
include, but not be limited to, the following: (i) a complete description of the FF&E; (ii) the
lease term, Rent payments and security deposits required in connection with any leasing of
FF&E; (iii) the purchase price, terms of payment and conditions of any purchase or loan in
connection with purchasing of FF&E; and (iv) copies of all relevant documents to be executed
between Lessee and the lender, seller or lessor of the particular FF&E in question. For a period
of thirty (30) days following receipt by Lessor of the notice from Lessee together with all of
the information required above, Lessor may approve or disapprove such FF&E Financing by
written notice to Lessee. Lessor's approval of any such FF&E Financing shall not be
unreasonably withheld. In the event Lessor reasonably object to ail or a portion of such FF&E
Financing, Lessor shall within said thirty 130) day period give Lessee written notice of its
objection, detailing the reasons thereof. In such event, Lessee shall be prohibited from
entering into such FF&E Financing but Lessee may submit to Lessor such response to Lessor's
objections and/or revisions to the terms and conditions of the FF&E Financing in order to
satisfy Lessor's objections thereto. Any such newly submitted information shall again be
subject to Lessor's thirty (30) day right to review and reasonably object thereto. Lessor's
failure to timely object within said thirty (30) day period to any such proposed FF&E Financing
for which proper notice has been given by Lessee to Lessor shall constitute approval of the
particular FF&E Financing in question and no further approval by Lessor for such FF&E
Financing shall be required. Lessor's rights hereunder shall not be construed as requiring
Lessor to participate in any way in any such FF&E Financing nor shall approval by Lessor of
any such FF&E Financing obligate Lessor in any manner.
ARTICLE XVII. TAXES.
17.1 Lessee shall be responsible for, and agrees to pay, prior to delinquency, any and all
taxes, assessments, installments of taxes, levies, fees, and other governmental charges of
every kind or nature (hereinafter collectively called "Taxes") in the event such Taxes are levied
or assessed by municipal, county, state, federal, or other taxing or assessing authorities or
governmental agencies or entities upon, against, or with respect to (i) the Premises or any
portion thereof; (ii) all fixtures, equipment, and any other property of any kind owned by
Lessee or placed, installed, or located within, upon, or about the Premises for which Lessor
might be assessed or which might become a lien on the Premises if not paid by Lessee; (iii) all
alterations, addition, and improvements of whatsoever kind or nature, if any, made to the
Premises or the improvements thereon; (iv) rentals or other charges payable by Lessee to
Lessor; and (v) any other interest in the Premises (including the leasehold interest created by
this Lease), irrespective of whether any of the items described in clauses (i) through (v) above
are assessed as real or personal property, and irrespective of whether any of such items are
assessed to or against Lessor, Lessee or any other person.
ARTICLE XVIII. FORCE MAJEURE
18.1 In the event the performance by either party of any of its obligations hereunder is
delayed by reason of the act or neglect of the other party, act of God, stormy or,inclement
weather, strike, labor dispute, boycott, lockout or other like defensive action by such party,
inability to obtain labor or materials, governmental restrictions, riot, insurrections, war,
catastrophe, casualty, act of the public enemy, or any other cause, whether similar or
dissimilar, beyond the reasonable control of the party from whom such performance...% due 112
("unavoidable delays"), the period for the commencement or completion thereof shall be
extended for a period equal to the period during which performance is so delayed.
ARTICLE IXX. MISCELLANEOUS
19.1 Waiver. The waiver by either Lessor or Lessee of any breach of any term, condition or
covenant contained herein shall not be deemed a waiver of such term, condition or covenant or
any subsequent breach of the same or any other term, condition or covenant contained herein.
19.2 Notices. All notices, demands or other writing to be made, given or sent hereunder, or
which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed
to have been given when in writing and personally delivered or if mailed on the third (3rtl) day
after being deposited in the United States mail, certified or registered, postage prepaid, and
addressed to the respective parties at their addresses set forth below:
To Lessor: City of La Quinta
P.O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92247-1504
To Lessee: Family YMCA of the Desert
43-930 San Pablo Avenue
Palm Desert, CA 92260
19.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the
parties hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, it being understood and agreed that
neither the method of computation of rent, nor any other provision contained herein, nor any
acts of the parties herein, shall be deemed to create any relationship between the parties
hereto other than the relationship of Lessor and Lessee.
19.4 Accord and Satisfaction. No payment by Lessee or receipt by Lessor of a lesser amount
than the Rent or other charges herein stipulated shall be deemed to be other than on account
of the earliest due stipulated Rent or other charges, nor shall any endorsement or statement on
any check or any letter accompanying any check or payment as Rent or other charges be
deemed an accord and satisfaction, and Lessor shall accept such check or payment without
prejudice to Lessor's right to recover the balance of such Rent or other charges or pursue any
other remedy in this Lease provided.
19.5 Time of Essence. Time is hereby expressly declared to be of the essence of this Lease
and of each and every term, covenant and condition hereof which relates to a date or period of
time.
19.6 Remedies Cumulative. The remedies herein given to Lessor and Lessee shall be
cumulative and are given without impairing any other rights or remedies given Lessor and
Lessee by statute or law now existing or hereafter enacted, and the exercise of any one(1)
remedy by Lessor or Lessee shall not exclude the exercise of any other remedy.
19.7 Effect of Invalidity. If any term or provision of this Lease or the application thereof to
any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of
this Lease, or the application of its terms and provisions to persons and circumstances other
than those that have been held invalid or unenforceable shall not be affected thereby, and each
term and provision of this Lease shall be valid and enforceable to the fullest extent permitted 113
by law.
19.8 Successors and Assigns. This Lease and the covenants and conditions contained herein
shall be binding upon and inure to the benefit of and shall apply to the successors and assigns
of Lessor and to the permitted successors and assigns of Lessee, and all references in this
Lease to "Lessee" or "Lessor" shall be deemed to refer to and include all permitted successors
and assigns of such party.
19.9 Entire Agreement. This Lease and the exhibits hereto contain the entire agreement of
Lessor and Lessee with respect to the matters covered hereby, and no other agreement,
statement of promise made by either Lessor or Lessee which is not contained herein, shall be
valid or binding. No prior agreement, understanding or representation pertaining to any such
matter shall be effective for any purpose. No provision of this Lease may be amended or
added to except by an agreement in writing signed by Lessor and Lessee.
19.10 Interest on Past -Due Obligations. Any amount due from Lessee to Lessor hereunder
which is not paid when due (including, without limitation, amounts due as reimbursement to
Lessor for costs incurred by Lessor in performing obligations of Lessee hereunder upon
Lessee's failure to so perform) shall bear interest at the rate of ten (10%) percent from the
date due until paid, unless otherwise specifically provided herein, but the payment of the
interest shall not excuse or cure any default by Lessee under this Lease.
19.11 Execution of Lease: No Option. The submission of this Lease to Lessee shall be for
examination purposes only, and does not and shall not constitute a reservation of or option for
Lessee to lease, or otherwise create any interest by return to Lessor. The Lease shall not be
binding upon Lessor until Lessor has in fact executed and delivered this Lease to Lessee.
19.12 Corporate Authority. Each individual executing this Lease on behalf of a corporation,
nonprofit corporation, partnership or other entity or organizations, represents and warrants that
he or she is duly authorized to execute and deliver this Lease on behalf of said corporation,
partnership, entity or organization and that this Lease is binding upon same in accordance with
its terms. Lessee shall, at Lessor's request, deliver a certified copy of its board of directors
resolution or certificate authorizing or evidencing such execution.
19.13 Controlling Law. This Lease shall be governed by and construed in accordance with the
laws of the State of California.
19.14 Specific Performance. Nothing contained in this Lease shall be construed as or shall
have the effect of abridging the right of either Lessor or Lessee to obtain specific performance
of any and all of the covenants or obligations of the other party under this Lease.
19.15 Survival of Indemnities and Warranties. The obligations of the indemnifying party under
each and every indemnification and hold harmless provision contained in this Lease shall
survive the expiration or earlier termination of this Lease to and until the last to occur of (a) the
last date permitted by law for the bringing of any claim or action with respect to which
indemnification may be claimed by the indemnified party against the indemnifying party under
such provision or (b) the date on which any claim or action for which indemnification may be
claimed under such provision is fully and finally resolved, and, if applicable, any compromise
thereof or judgment or award thereon is paid in full by the indemnifying party and the
indemnified party is reimbursed by the indemnifying party for any amounts paid by the
indemnified party in compromise thereof or upon judgment or award thereon and in defense of
such action or claim, including reasonable attorneys' fees incurred. The representations,
warranties, and covenants of the parties contained herein shall survive the termination of, this 114
Lease without regard to any investigation made by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year
above written.
"LESSOR"
CITY OF LA QUINTA
M
Thomas P. Genovese
City Manager
ATTEST:
22
Veronica J. Montecino, CMC
City Clerk
APPROVED AS TO FORM AND
CONTENT:
By:
M. Katherine Jenson
City Attorney
"LESSEE"
FAMILY YMCA OF THE DESERT
M
Rob Ballew
CEO/Executive Director
Dated:
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Acceptance of Sports Complex
Rehabilitation Project No. 2007-19, Approval of
Contract Change Order No. 5, and Appropriation of
Additional Funding
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: lO
��i�In►3�y��Yar.�
PUBLIC HEARING:
Accept Sports Complex Rehabilitation Project No. 2007-19, 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 $70,041, thirty-five (35)
days after the Notice of Completion is recorded; approve Contract Change Order No. 5
(Attachment 1) and authorize the City Manager to execute the same, and approve the
appropriation of $103,491 in additional funding.
FISCAL IMPLICATIONS:
The following is a budget summary:
Project Budget Total
Amount Spent Through April 27, 2011
Project Budget Remaining Amount Available
Total Remaining Fiscal Commitment to Contractor
Remaining Anticipated Inspection, Testing & Survey Costs
Revised Project Budget Amount Available
Additional Appropriation Amount Requested
Original Construction Contract Amount
Contract Change Order Nos. 1-4
Pending Contract Quantity Change Order No. 5
New Contract Total
Amount Paid to Contractor to Date
$ 815,967
($ 813,962)
$ 2,005
($ 100,496)
($ 5,000)
($103,491)
$ 103,491
$ 613,256
$ 54,414
$ 32,734
$ 700,404
($ 599,908)
Total Remaining Fiscal Commitment to Contractor $ 100,496
Total Retention to be Released ($ 70,041)
Contract Amount Remaining to be Billed by Contractor $ 30,455
Funds from unappropriated Quimby Funds (220-0000-290.00-00) are available for this
$103,491 appropriation request.
As indicated, adequate funding will be available to pay the contractor's remaining
billing ($30,455) and retention ($70,041) for project closeout, after the appropriation
of the additional funding.
CHARTER CITY IMPLICATIONS:
The Sports Complex Rehabilitation Project was partially funded with Redevelopment
Agency Project Area No. 1 Funds. Therefore, this project was bid with prevailing
wage requirements.
BACKGROUND AND OVERVIEW:
The La Quinta Sports Complex (Attachment 2) was built in 1988 and is owned by
Desert Sands Unified School District (DSUSD). This facility is currently being
maintained by the City per the November 3, 1987 Joint -Use Lease, the August 7,
1990 Agreement, and the November 1, 1994 Amendment to the Maintenance
Agreement between the City and DSUSD. The Sports Complex has very heavy use
with 1,500 youth playing baseball and softball each year. This location is also used
for youth football in the fall.
On February 6, 2007, the City Council approved a Professional Services Agreement
(PSA) for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan,
Project No. 2006-17, with Community Works Design Group.
On May 1, 2007, the City Council adopted Resolution No. 2007-042 approving the
Fiscal Year 2007-2008 through 2011-2012 Capital Improvement Plan (CIP) and
making certain findings pursuant to Health and Safety Code Section 33445(a). The
Agency made similar findings and approved the use of Agency funds for this project on
May 1, 2007. The La Quinta Sports Complex Rehabilitation was included within the
adopted CIP.
On June 1, 2010, the City Council approved the Plans, Specifications and Engineer's
Estimate (PS&E) and authorized staff to advertise for bid the Sports Complex
Rehabilitation, Project No. 2007-19.
On June 30, 2010, eight (8) sealed bids were received for the construction of this
project. Staff discovered that the majority of the bids received contained multiple
math errors and, therefore, recommended City Council reject all bids and authorized
staff to re -advertise the project. On July 6, 2010 the City Council granted approval to
reject bids, and authorization to re -advertise a contract to construct the Sports
Complex Rehabilitation Project No. 2007-19 and appropriation of funds, if applicable.
On July 29, 2010, ten (10) sealed bids were received for the construction of this
project and staff recommended the project be awarded to the lowest bidder,
Davis/Reed Construction, Inc., in the amount of $613,256.
On August 3, 2011, 2010, City Council awarded a contract for $613,256 to
Davis/Reed Construction, Inc., to construct the Sports Complex Rehabilitation Project
No. 2007-19 and appropriation of funds.
On September 16, 2010, a Notice to Proceed was issued with a seventy (70) working
day contract completion time starting September 20, 2010, and ending on December
30, 2010. Contract Change Orders extended the project until March 7, 2011 . The
project was deemed substantially complete on March 4, 2011. As per project
specifications Section 1500-3.2, no liquidated damages or early completion incentives
are recommended.
These improvements were constructed at the La Quinta Sports Complex located in the
Elementary and Middle School Complex at the end of Park Avenue just north of
Avenue 50.
Contract Change Order Nos. 1-4 were issued to allow for the relocation of unknown
and conflicting field lighting conduit and conductors, the relocation of a conflicting
water line, modifications to the trash enclosures, the installation and modifications of
handrails, fascia board repair, painting of the existing bathroom, installation of new
backboards for the backstops, modifications to utility lines conflicting with proposed
shade structure footings, and additional clean up and preparation for Opening Day.
Much of the additional work was performed to upgrade the existing conditions to
match the new improvements resulting in a High Quality and aesthetically pleasing
project and Sports Complex.
Contract Change Order No. 5 is being issued for a contract quantity adjustment
between the bid quantities and the actual quantities installed. The majority of the
quantity increase was due to the additional installation of chain link fencing and fabric
to replace the existing poor quality fencing that remained on site. Staff elected to
replace the existing fencing for safety and aesthetics to match and be consistent with
the new chain link fencing installed under the original contract. Additional concrete
was also removed and replaced due to the poor conditions of the existing concrete.
Since these costs were not included in the original budget these additions resulted in
contract change orders and the need for additional appropriation. Due to the
unanticipated conflicts with existing conditions, utilities, landscape, and concrete,
additional grading and/or other modifications were required, resulting in additional
work, testing, survey, inspection, utility, and staff costs, which also resulted in the
118
request for appropriation. Additional inspection, tests and survey costs resulted in
approximately $35,000 of the required appropriation amount.
Also, $30,OOO in design costs incurred in the 2007-2008 preparation of the master
plan were charged to the project budget, which further necessitate the need for the
additional funding.
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:
1. Accept Sports Complex Rehabilitation Project No. 2007-19, 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 $70,041,
thirty-five (35) days after the Notice of Completion is recorded; approve
Contract Change Order No. 5 and authorize the City Manager to execute the
same; and approve the appropriation of $103,491 in additional funding; or
2. Do not accept Sports Complex Rehabilitation Project No. 2007-19, 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 $70,041, thirty-five (35) days after the Notice of Completion is
recorded; do not approve Contract Change Order No. 5, and do not approve the
appropriation of $103,491 in additional funding; or
3. Provide staff with alternative direction.
Respectfully submitted,
4�xl OV�4� IGI�'
Timothy R: Jonasson, P.E.
Public Works Director/City Engineer
.. 1 1-119
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Contract Change Order No. 5
2. Vicinity Map
120
ATTACHMENT 1
Sheet 1 of 5
CONTRACT: La Quinta Sports Complex PROJECT NO. 2007-19
CONTRACTOR: Davis / Reed Construction, Inc.
7.8730 Hwy I11, Suite 200
La Quinta, Ca. 92253
- - - --:_ CONTRACT-C 5 — -- --- —.._
pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes ordo the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to theterms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
This Contract Change Order allows for a Contract Quantity Adjustment between the bid Quantities and the Actual Quantities Installed
Total S 32,734.11
pevious Contract Amount Through Change Order No. 4
S 667 670.11
Add This Change Order No. 5
S 32 734.11
Revised Contract Total
$ 700.404.22
By reason of this contract change order the time of completion is adjusted as follows:. -12- working days added to contract time.
The revised contract completion date shaft_gw 7/11 _
Submitted By: Date:
Approved By: Date:
We, the undersigned Contractor, havegiven careful consideradon to the ehangeproposed and hereby agree, if this proposal u approved, that we will -
provide all equipment, fwnish 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.
Title:
Date:
CITY OF LA QUINT$
j -La Quints Sports Complex
Project No.2007-19 -
- - Final Quantity Adjustment Comparison
Actual Quantity Installed
Bid Quantity
Item No. I Description I UnitT-BidQty. Unit Price
I Quantity New Total
Unit Price I Extended Price
CostDifferen a
1
Moblizetion
LS
1
$10,92200
1
$10,922.00
$10,922.00
$10,922.00
$0.00
2 -
Clearing and Grubbing
LS
1
$8,500.00
1
$8,500.00
$8,500.00
$8,600.00
$0.00
3
Prepare SWPPP and Furnish and Install BMP's
LS
1
$3,52425
1
$3.524.25
$3,524.25
$3,524.25
$0.00
_4
Remove F)ds6ng Chain Link Fence
LF
749
$3.73
1,297
- $4.837.81
$3.73
$2,793.77
$2,044.04
5
Remove Existing Chain Link Gate
EA
7
$23.03
1
$161.21
$23.03
$161.21
$0.00
6
Remove Existing Tubular Steel Fence
LF
49
$5.41
49
$314.09
36.41
$314.09
$0.00
7
Remove Existing Shade Shelter at Baseball
Dugout
EA
6
$127.00
6
$762.00
$127.00
$762.00
$0.00
a
Remove EAsting Plcnlc Shelter-
EA
1
$127.00
1
$127.00
$127.00
$127,00
$0.00
9
Remove Existing Hand Rail
LF
14
$4.13
14
$57.82
$4.13
$57.82
$0.00
10
Remove Existing Corrkxete Step/Seat
LF
348
$3.70
348
$1,287.60
$3.70
$1,287,60
$0.00
11
Remove. Retaining Concrete Curb
LF
65
$3.70
65
$240.50
$3.70
$240.50
$0.00
12
Remove Existing Concrete Curb
LF
35
$3.70
35
$129.50
$3.70
$129.50
$0,00
13
Remove Existing Baseball Players Bench
EA
6
$29.50
6
$177.00
$29.50
. $177.00
$0.00
14
Remove Existing Picnic Table
EA
2
$45,72
2
$91.44
$45.72
$91.44
$0.00
15
Remove Emsting Trash Receptacle
EA
8
$34.29
8
$274.32
$34.29
$274.32
$0.00
16 -
Remove Existing Concrete Paving -
SF
9,773
$1.59
10,049
$15.977.91
$1.59
$15,539.Of
$438.84
17
Sawcut Eldsting Paving
LF
102
$3.78
102-
$385.56
$3.78
$385 56
$0.00
18
Remove Existing Plaque
EA
- 1
$45720
' "T------
---$45720
-- "$457.20--
``- $457.20
- $BUO
19
Remove Existing Asphalt Paving
SF
7,372
$0.72
7.372
$5,307.84
$0.72
$5,307.84
$0.00
20
Remove Existing Concrete Pilaster with
Electrical Outlets
EA
2
$91.27
2
- $182.54
$91.27 .
$182.54
$0.00
21
Remove Existing Metal Storage Container
EA
3
- $203.20
3
$609.60
$203.20
$609.60
$0.00
22
Remove Existing Bike Rack
EA
1
$35.05
1
$35.05
$35.05
_ $35.05
$ao0
- 23
Remove Usting Tree
EA
2
$381.00
2
$762.00
$381.00
$762.00
$0.00
24
Remove Existing Gear, Transformer Power
Pedestals and Concrete Base
L3
1
$4,022.09
1
$4,022.09
$4.022.09
$4,022.09
KOO
25
Fine Grading
LS
1
$12,212.00
1
$12,212.00
$12,212.00
$12,21200
$0.00
26
Export
CY
610
$3.27
610
$1,994.70
$327
. $1,994.70
- $0.00
27
Furnish and Install 4' Natural Grey Concrete
w/Score Lines at lO O.C. er lens and details
SF.
22,605
$4.45
23,087
$102,737.15
$A.45
$100,592.25
$2,144.80
28
Furnish and Install 4' Natural Grey Concrete
Pavin lane and detail$
SF
1,384
$4.00
1,384_
$5,536.00
$4.00
$5,536.00
$0.00
29
Fumish anti lnstel16' Natural Grey Concrete at -
Trash Enclosure per plans and details
. SF
390
$6.54 -
390
$2,550.60
- $8.54
$2,550.60
$0.00
30
Furnish and Install Concrete Steps per plans
and details
LF
99
$381D
-99
.10 .
$3,T71.90
$0,00
31
Furnish and Install Concrete Seat Wall w/
Skate32
LF.
30
$133.35
30
3.35
$4,000.50
$0.00
and Install Concrete Wall w/ Skate
Sto rs
LF
20
$86.36
20
1$4,000.50$133-35
.36
$1,727.20
- $0.00
33
Fumish & Install Guard Rail
LF
20
$190.50
20
0.50
$3,810.00
$0.00
34
Fumish arld Install Drive Approach
EA
1
$3.556.00
1
6.00
$3,556.00
$0.00
CITY OF LA QUINTA
La Quints Sports Complex
Project No.2007-19
Final Quantity Adjustment Comparison
by„al Rid nuynfiw
Item No. I Description Unit I Bid Oty. I Unit Price
Ousn6 New Total
Unit Price Extended Pdoe
Cost Difference
35
Fumish and Install 6' Concrete Curb and Gutter
LF
144
$18.16
144
$2,615.04
$18-16
$2.615.04
$0.00
36
Furnish and Install 6' Concrete Median Curb
LF
118
$16.19
116
$1,910.42
$16.19 "
$1.910A2
$0.00
37
Furnish and Install 6' Concrete Curb per plans
LF
223
$11.75
223
$2,620.25
- $11.75
$2,620.25
$0.00
and details
38
Furnish and Install 4' AC Paving Parking Lot
SF
4,170
$2S7
4.190
$12,025.30
$2.87
$11,967,90
- $57.40
(4,170 S
39 .
Fumish and Install 8' Concrete Mow Curb per
LF
417
$16.19
664
-$10,750.15
$16.19
$6,751.23
$3,998.93
plans and details
40
Fumishand Install 12' Concrete Maintenance-
LF
54
$14.29
54
$771.66
$14.29
$771.66
$0.00
.
and
_
41
Furnish and Install T AS Base at Parking Lot
SF
4,170
$0.98
4,170
$4,086.60
$0.98
$4,086.60
$0.00
(4,170 S
- 42
Furnish and Install 4' Stabilized Decomposed
SF
3,208
$1.16
3,208
$3,721.28
$1.16
$3,721.28
$0.00
Granite Access Road
-
43
Furnish and Install 4'Stabilized Decomposed
SF
64
$2.19
84
E740.16
$2.19
E140.16
$0.00
Grants Fines at Tree Wells
-
44
Fumishand Install Pro Gold-Mixat Batting
SF
3,365
.$1.50
3,365
$5,047.50
$1.50
$5,047.5D
$0.00
85
Cau45
Fumish and Paint 4' Solid White Striping.
LF
.340
$0.47
34D
$159.80
$0.47
$159.80
$0,00
46 -
Sumnsh and Paint 4' Solid Blue Handicap
LF
260
$0.33
260
$85.80
$0.33
- $B5.60
$0.00
ping
47
Furnish and Paint Handicap Symbol
FA
1
$25.00
1
$25.00
$2600
$25.00
$O.DO
48
Fumish and Paint Type l Arrow
EA
3
$35.00
3
$105.00
$35.00
$105.00
$0.00
49
Furnish and Paint'No Parking' Lettering
LS
1
$16.00
1
$15.00
$15.00
$15.00
$0.00
50
Furnish and Instal Handicap arking Sign
EA
1
$150.00
1
$150.00
$150.DO
$160.00
$0.00
61
Furnish and Install Bollards per plans and
EA
15
$485.D0.
15
$7,275.00
$485.00
$7,275.00
$0.00
details
52
Furnish and Install Vehicle Warning Sign
EA
1
$240.00
1
$240.00
$240.00
$240.00
$0.00
53
Sandblast Existing Pedestrian Striping
LS
1
$158.00
1
$158.00
$15800
$158.00
$0.00
54
Furnish and Install Shade Fabric Picnic
EA
2
$7, 129.00
2
E14,258.00
$7, 129.00
$14,258.00
$0:00
Shelters (CBC 15x15
65
Furnish and Install Largo Shade Fabric at
EA
1
$15,654.00
1
$15,654.00
$15,654.00
$15,654.00
- $0.00
40'
Concession Area Hex
56
Furnish and Install Shade Fabric at Baseball
EA
18 -
$2,354.00
18
$42.372.00
$2,354.00
$42.372,00
$O.OD
Players Bench 10xl1 Life uare
57
Furnish and Ineall 15itBleachers
EA
2
$2.089.00
2
$4,178.00
$2,089.OD
$4,178.00
$0.00
. 58
Furnish and Install Shade Fabric at 15 4
EA
2
$7 116 00
2
$14,232.00
$7.116.00 -
$14.232,00
- $0.00
Bleachers 8x16
59
Furnish and Install Shade Fabric at 21 It
- EA
. 2
$7.322.00
2
$14,644.00
$7,322.00
$14.644.00
$0.00
Bleachers IU22
60
Furnish and Install Shade Fabric at Battling
EA
1
$1158000
1
$11,580:00
$11,580.00
$11.680.00
f $0.00
Cage 1Dx15
61.
Furnish and Install Bike Rack
EA
1
$781.00
1
$781.00
$781.00
$781.00
EO.OD
62
Fumish and Install Bat Rack
EA
6
$563.00
6 -
$3,378.00
$663.00
$3,378.00
$0.00
83
Fumish and Install Home Plate at Setting
l'A
3.
$135.00
3
$405.00
$135.00
$405.00
$0.00
C
64
Fumish and Install C-901 Water Pipe w/Tee
LF
241
$11.62
241
$2,800.42
$11S2
$2,80OA2
$0.00
65 •
Fumish and Install Cast Steel Gate Valve
EA
- 1
$250.OD
1
$250.00
$250,00
$250.00
$0.00
66
Fumish antl Install 6' SDR-35 Sewer Pipe wl
LF
92
$15.00
- 92
$1,380.0D
$16.00
$1,380.00
$0.00
Wyes and End Cap-
67
Fumish and Install Sewer Clean-cut
EA
3
$250.DO
3
$750.00
$250.00
$750.00
$0.00
68
Existing Sewer Clean -out Cower to
FA
6
$100.00
6
- $600.00
$100.00
$600.00
$0.00
Grade
CITY OF LA QUINTA
La Quinta Sports Complex
Project No.2007-19
Final Quantity Adjustment Comparison
Actual QuanUty Installed
Bid Quantitv
Item No. Description I Unit I Bid Qty. I Unit Price
I Quantity New Total
Unit Price I Extended Price
Cost Differer
69
Adjust E)dsfing Utility Vault Covers to Grade
EA
3
$2,150.00
3
$6,450.00
$2,150.00
$6.450.00
$0.00
70
Raise Lids on F)dsting Pullboxes and
LS
1
$8,000.00
i
$8,000.00
$8,000.00
$6,000.00
$0.00
Installation of Rece ales.
71
Building (Conduit, Conductors, Fused
LS
1
$4,834.00
1
$4,834.00
$4,834.00
$4,834.00
$0.00
72
Furnish and Install 10' Deep Dry Wells per
EA
4
$2,800.00
4
$11,200.00
$2,800.00
$11,200.00
$0.00
fans details, and speolficatiorrs
73
Furnish and Install 12' x 17 Precast Catch
EA
5
$750.00 -
5
$3.750.00
$750.00
$3,750.00
- $0.00
Basin par plans, details and specifications
74
Furnish and Install 6' PVC Storm Drain Pipe
LF
92
$14,00
92
$1.288.00
$14.00
- $1,268.00
$0.00
Iver plans, details and specificattona
75
Furnish and Install Prefabrlcidad Restroom
LS
1
$78,907.00
1
$76,907.00
$78,907.00
$76,807.00
$0.00
Building manufacturers cations
76
Furnish and Install 6' Chain Link Fencing per
LF
465
$15.00
571
$8,565.00
$15.00
$6.975.00
$1,590.00
plans, details, and specifications
77
Furnish and Install 8' Chain Link Fencing at
LF
293
$20.00
502
$10,940.00
$20.00
$5,860.00
$4,180.00
78
Furnish and Install 10' Chain Link Fencing at
LF
252
$28.00 -
400
$11,200.00
- $28.00
- $7,056:00
$4,144.00
Boiling Cage
" 79
Furnish and Install Chain Link Fabric
LF
300
$12.0)
1.553
$18,636.00
$12.00
$3.600.00
$16,036.00
80
Furnish and Install Batting Cage Gates
EA
3
$300.00
3
$900:00
$300.00
$900.00
$0.00
81
Fumish and Install Gate at Dugout
EA-
6
$300.00
3
$900.00
$300.00
$1,800.00
-$900.00
82
Furnish and Install Gate into Bali Field
EA -
5
$300.00
6
$1.500.00
$300.00
$1,500Ao
$0.00
83
Furnish and Install 10' Wide Double -
EA
1
$700.00
1
$700.00
$700.00
$700.00
$0.00
Maintenance Gate
84
Furnish antl Install Concrete Gate Channel
LF
-30.
$31.00
30
$930.00
$31,00
$930.00
$0.00
85
Furnish and Install Batting Cage Netting
Sr
9.010
$0.50
9,010
$4,505.00
$0,50
$4,505.00
$0.00
86 -
Furnish and Install Shrub Irrigation per Planfing
LS
1
$14,234.00
1
$14,234.D0
$14,234.00
$14,234.00
$0.00
Plans
87
Soil Preparation
SF
13,198
$020
13,198
$2,639.W
$0.20
$2,639.60
$0.00
08
Turf Sod
SF
13,198
$0,99
13,198
$13,066.02
$0.99-
$13,066.02
$000
89
Structural Soil at Tres Wells
CY
93
"$27.15
93
$2,524.95
$27.15
$2,524.95
$0.D0.
- 90
Boulders (T-T Diameter) -
EA
6
$,400.00
6
- $2,400.00
$400.00
$2,400.00
$0.00
- 91
Furnish and Install Trash Receptacles
EA
11
- $409.00
11
$4,499.00
$409.00
$4,499.00
$0.00
92
Furnish and Install Recycle Trash Receptacles
FA
3
$409.00.
3
$1,227.00
$409.00 -
$1,227.00
$0.00
93
Furnish and install 6'Sta dard.Picnic Tables
EA
5
$1,101.00
5
$5,505.00
$1.101.00
$5,505.00
$0.00
ar lans
94
Fumish and Install 6'ADA Picnic Tables par
EA
2
$1,168.00
2
$2,336.00
$1,168.00
$2,336.00
$0.00
tans
95
liplans
Furnish and Install 8'ADA Picnic Tables par
EA
.2
$140000
2
$2,800,00
$1,400.00
$2,800.00
$0.00
96
Furnish and Install Benches par plans
EA
5
$736.00 "
5
$3,680.00
$736.00
$3,680.00
$0.00
97
Furnish and Install Baseball Players Berth
EA
6
$714.OD
6
$4,284.D0
" $714.00
$4.284.00
$0.00
r
aluminumlam
98
Construct Trash Enclosure per plans and
EA
2ES215.DU
2
$10,930.00
$5,465.00
$10.930.00
$0.00
details
99
Furnish and Install Pipe Bollard at Trash
FA
1
1
- $215.00
$215.00
$215.00
$0.00
Enclosure r lans and details
100
Provide Weed Abatement per specifications
SF
17.03617,036
$851.80
$0.05
$851.80
$0.00
101
Provide Maintenance and Plant Establishment
l.S
1
1
- $700 00$700.00-
$700.00
$0.00
r C s cification102
Fumish and Install Palm Tree par planting
EA
8
8
$7,800.90
$976.00
$7,800.00
$0.00
sans and details
124
CITY OF LA QUINTA
La Quints Sports Complex
ProJeot No.2007.19
Final Quantity AciJustment Comparison
Aclual Quantl Installed
Bid Qu
Item No. I Description I, Unit I Bid ..I Unit Price
I Quantity New Trial
n0 Price Extended Price
Cost Ddfarence
103
Furnish and Install 24" Box Tree per plans,
ifications
EA
26
$260.00
28
$6,760.00
$260.00
$6,760:00
$0:00
details and
104
Fumish and Install 15 Gal Shrub per plans,
EA
6
$8.5.00
6
$510.00
$85.00
$510.00
$0.00
details and specifications
105
Furnish end Install 5 Gal Shrub per plans,
FA
105
$21.00-
105
$2,205.00
$21.00
$2,205.00
$0.00
details, and specifications
106-
Furnish and Install 1 Gal Shrub par plans,
EA
75
$8:00
75
$600,00
$8.OD
$600.00
$0.00
details specifications
107
Furnish and Install Vine per plans, details, and
EA
5
E24.00
5
$120.00
$24.00'
$120.00
$0.00
s•ftcatlons.
10B
Furnish and Install Decomposed Granite Fides
SF
3,055
$1.83
3,055
- $5,590.65
- $1A3
$5,590.65
$0.00
3'thick per. plans, details ands ecificallons
CCO 41
Water tine Relocation
LS
1
$16,267.40
1
$16,267.40
$16,267.40
$1,8,267.40
$0.00
CCO #2
Additional Miry Excavation, Eta
LS
1
$23,723.95
1
E23,723.95
$23,723.95
$23,723.95
$0.00
CCO#3
Fascia &Handrails
LS
1
$6,607.80
1
$6.607.80
$6,60T80
$6,607.80
$0.00
CCO 94-
Backstop Boards, Pain, Cleanup -
LS
1
$7,815.28
1
$7.815.28
` $7,815.28
$7,815.28
$0.00
- - Total
$700,404.22
E667,670.111
$32,734.11
I ATTACHMENT 2
KEY MAP
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Approval of Appropriation of Fire Tax
Credit Funds for Close -Out of Fire Station 32, Project
No. 2008-03
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: I
STUDY SESSION:
PUBLIC HEARING:
Appropriate an additional $399,891 in Fire Tax Credit funds for close-out of Fire
Station 32, Project 2008-03.
FISCAL IMPLICATIONS:
During the final accounting for the project, it was determined that an additional
appropriation of $399,891 was needed to close out Project # 2008-03 due to the
following components that were understated at the time of acceptance:
Retention $303,978
Balance Due on Construction Contracts $ 79,913
Change Order for Extended Dust Control S 16,000
Total Additional Appropriation Needed $399,891
Adequate funding exists within the Fire Tax Credit account to support this request.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On November 2, 2010 the City accepted Fire Station 32. At that time it was
estimated that there was outstanding financial commitments including retentions of
$1,086,233. At the final accounting for the project, it was determined that the
retention owed at the time of acceptance had been understated by $303,978 and that
construction contract commitments were understated by $79,913. Also, after the
acceptance, a change order was negotiated for $16,000 for the extended time that
dust control measures were needed on the project. Today's approval of the
appropriation of additional funds from the Fire Tax Credit account will allow staff to do
a final accounting and close the books on the project. The total combined cost for the
Fire Station and the Corporate Yard projects is $7,949,722.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Appropriate an additional $399,891 in Fire Tax Credit funds for close-out of
Fire Station 32, Project 2008-03; or
2. Do not appropriate $399,891 in Fire Tax Credit funds for close-out of Fire
Station 32, Project 2008-03; or
3. Provide staff with alternative direction.
Respectfully submitted,
Tom Hartung
Director of Building and Safety
Approved for submission by:
'Thomas P. Genovese, City Manager
„ 128
T4t!t 4 4 OR&&
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Adoption of a Resolution Accepting a CONSENT CALENDAR: Z Donation from the Coachella Valley Serving People in STUDY SESSION:
Need
PUBLIC HEARING:
RECOMMENDATION:
Adopt a Resolution of the City Council accepting a $3,000 donation from the Tour
de Palm Springs - Coachella Valley Serving People in Need (CVSPIN) to the Citizens
on Patrol of the La Quinta Police Department Volunteers.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The first Tour de Palm Springs was held in 1999 and has grown over the years to
more than 7,000 riders. CVSPIN, a not for profit organization, was established to
help many organizations in the Coachella Valley (Attachment 1). At the 2011 Tour
de Palm Springs event, over 1,000 riders used the rest stop at Fritz Burns Park in
La Quinta. THE CVSPIN has made a donation of $3,000 to the Citizens on Patrol,
the La Quinta Police Department Volunteers. The Citizens on Patrol plgn to utilize
the funds to improve security cameras at the Village Substation and purchase a
two-way radio to connect with CERT.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council accepting a $3,000 donation from the
Coachella Valley Serving People; or
2. Do not adopt a Resolution of the City Council accepting a donation from
Coachella Valley Serving People; or
3. Provide staff with alternative direction
Respectfully submitted,
homas P. Genovese,
City Manager
Attachment: 1. Tour de Palm Springs
130
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ACCEPTING
A DONATION FROM THE COACHELLA VALLEY
SERVING PEOPLE IN NEED
WHEREAS, on May 17, 2011, the Tour de Palm Springs - Coachella Valley
Serving People in Need generously offered a $3,000 donation to the Citizens on
Patrol, the La Quinta Police Department Volunteers; and
WHEREAS, the donation was offered to the City of La Quinta and was not
given to or limited to the use of any particular employee or official; and
WHEREAS, it is in the best interest of the City of La Quinta to accept the
donation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
The City of La Quinta hereby accepts the donation of the $3,000 as a
contribution to the Citizens on Patrol, the La Quinta Police Department
Volunteers.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 17" day of May 2011, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
131
Resolution No. 2011-
Citizens on Patrol Donation
Adopted: May 17, 2011
Page 2
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
» 132
bout Us I Tour de Palm Springs
ATTACHMENT1
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DIRECTIONS
ABOUT US
01
ABOUT T.D. P.s
BOARD OF DIRECTORS
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Welcome to We 13th Annual Tour We Palm Springs Presented by CVSPINI February 11-12. 2011
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About Us
The Tour de Pairs Springs has nis al over $1 000 WU for Coachella Valey caarlties sins 1B3g.
Tim Esur had an idea an Jammry 31, 1BSB He would lroel a bike wem in Palm Springs that would allow local cyclial to ride 5, 15, 35 and 50 milese0J cycles mde m the W event, Mown at mat time as.
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In 2pJ1, IM1e eoacMlla Valley Deved Business Association recoB^Ned (ne Tour de Palm Bprirgs as IM1e best even) In IM Vall¢y. TM1e wmpelilon IrclWed Ilre Bob Hope PGA Taumames, IM1e Drnan S'wre
WGA Tournament The Sion Game and the Tennis Masters Series
Every year IM1e Tour its Palm Springs onommuhe to matt more and more odes The money BeneralM may gone to help many organ ehms In the ConMlb Valley. In=8 over s230,0.V was donated M
110 different entries that in then awn special ways met the vmied needs of the peoplem the Comment Valley
To fee some of the pubms adorn receiving donations mom the Tour de Pent Spor s, CLICK HERE
HOME I RIDEnt I COMMUNITY I GETTINGHERE. I FAD I STORE I ABOUTUS I CONTACTUS
M 133
2011 Tour de Palm Springs
102 Mile Ride
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Worsley @ 15 miles
Dillon @ 27 miles
Travel Centers @ 51 miles
Fritz Burns Park @ 71 miles
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State law requires that cyclists are responsible
for following the rules of the road. Please use oQ
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Twi�t4 Q91A&
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: May 17, 2011
ITEM TITLE: Consideration of an Art Purchase
Agreement for Historic Plaques at Various
Locations in the City
RECOMMENDATION:
BUSINESS SESSION: ii
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve an Art Purchase Agreement (Attachment 1) between the La Quinta
Historical Society (LQHS), Kathy Dunham, and the City for historic plaques at
various locations throughout the City in the amount of $5,830 and authorize the
City Manager to execute the Agreement.
FISCAL IMPLICATIONS:
Funding for this project is available in the Art in Public Places Budget, Account No.
270-0000-451.74-80. The LQHS will donate $2,000 to the City toward the cost
of the historic plaques.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On April 7, 2011, the Community Services Director received a request from LQHS
requesting consideration for six plaques to be placed in various locations through
the City (Attachment 2). The plaques would be designed and created by La Quinta
artist and La Quinta Arts Festival participant, Kathy Dunham (Attachment 3).
The plaques will have originally designed drawings and include cultural and
historical information about the buildings (Attachment 4). The plaques will be 24"
wide by 12" tall with the drawings of the historic buildings digitally transferred and
sealed onto the tile. A Spanish style black wrought iron frame will enclose the
white tile plaque. The LQHS has spoken with the private property owners and all
have agreed to place the plaques at their locations. The LQHS will obtain written
permission from the property owners to install and periodically clean the plaques.
135
Suggested locations for the plaques include:
• La Quinta Historical Society Museum formerly Vale La Quinta
• El Ranchito Restaurant
• SilverRock Resort Clubhouse formerly Rancho Xochomilco
• La Quinta Resort
• A Cove Casita (La Quinta Palms Realty)
• The former Desert Club (Fritz Burns Park)
Maintenance requirements for the plaques require ongoing care by cleaning the the
with a non-abrasive tile cleaner, inspecting the plaques for any cracks in the tile
and making sure that they are properly affixed to the structures. As part of the Art
Purchase Agreement, the maintenance and replacement of the artwork will be the
responsibility of the Society for the three plaques on private property and the City
will be responsible for the three plaques located on City owned property. The City
will retain ownership of the three plaques on City owned property and the LQHS
will retain ownership of the three plaques on private property. The City will own
the original drawings which may be reproduced and used for promotional purposes
including items sold in the Museum Store.
This request was recommended for approval by the Community Services
Commission on April 11, 2011. This item was also discussed and supported by
the Historic Preservation Commission at their recent meeting on April 21, 2011.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve an Art Purchase Agreement between the La Quinta Historical
Society, Kathy Dunham, and the City for historic plaques at various locations
throughout the City in the amount of $5,830 and authorize the City Manager
to execute the Agreement; or
2. Do not approve an Art Purchase Agreement between the La Quinta Historical
Society, Kathy Dunham, and the City for historic plaques at various locations
throughout the City in the amount of $5,830; or
3. Provide staff with alternate direction.
Respectfully submitted,
Edie Hylton
Community Services Director .
136
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Art Purchase Agreement
2. LQHS Request
3. Artist Information and Proposal
4. Depiction of Historical Plaques
137
ATTACHMENT 1
ART PURCHASE AGREEMENT
THIS ART PURCHASE AGREEMENT (the "Agreement")
2011, by and among THE CITY OF LA
corporation ("City"), LA QUINTA HISTORICAL SOCIETY
("Artist').
RECITALS
is entered into this day of
QUINTA, a California municipal
("Society") and KATHY DUNHAM
A. Society has requested approval for Historic Plaques (the "Project') on the properties
generally located at the following six locations: 1) La Quinta Historical Society Museum
(formerly Vale La Quinta); 2) Ell Ranchito Restaurant; 3) SilverRock Resort Clubhouse (formerly
Rancho Xochomilco); 4) La Quinta Resort; 5) Cove Casita Me Quinta Palms Realty); and 6) The
former Desert Club (Fritz Burns Park) (the "Properties"). The Project is subject to the artwork
requirements of the City of La Quinta Art in Public Places Program set forth in Chapter 2.65 of
the La Quinta Municipal Code (the "Municipal Code").
B. To meet the requirements for artwork pursuant to Chapter 2.65 of the Municipal Code,
Society is commissioning the fabrication and installation of certain artwork (the "Artwork") to
be installed and displayed by Artist on the Properties (the "Site Locations") to be determined by
City and Society.
NOW, THEREFORE, in consideration of the performance by the parties of the mutual promises,
covenants, and conditions contained hereinafter, the parties hereto agree as follows:
ARTICLE I. SCOPE OF SERVICES AND PAYMENT
1.1 Scope of Design and Fabrication Services. Subject to the terms and conditions set forth
in this Agreement, Artist shall (i) prepare, or cause to be prepared, conceptual design plans for
the Artwork, including setting forth details and samples of the materials to be used and
composition of the proposed Artwork; (ii) based on the conceptual design plans approved by
City and Society, develop working drawings that shall be incorporated into the Schedule of
Performance attached hereto as Exhibit A; and (iii) fabricate and install the Artwork as more
particularly described in the Scope of Design Build Services and the Schedule of Performance
attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this
reference. Artist shall perform his/her obligations in strict conformance with the terms and
conditions set forth in this Agreement and shall take all other actions necessary and incidental
to the performance of said obligations.
1.2 Periodic Review. City and Society shall have the right to review the Artwork at
reasonable times during the fabrication thereof. Artist shall submit regular progress narratives,
including photographs, to City and Society as required by the Schedule of Performance set
forth in Exhibit B. The narratives shall clearly state the percentage of the Artwork completed
to date and provide an estimated completion date.
1.3 Materials and Labor. Artist shall furnish all tools, equipment, apparatus, labor, services,
materials, and transportation necessary to perform the Design and Fabrication Services more
fully described in Exhibit A and to install the Artwork, together with any appurtenances
thereto, in a good and workmanlike manner in the Site Location(s) as more fully described in
said Exhibit A or reasonably inferable therein. If Artist fails to furnish the labor, materials,
equipment, and or services necessary to perform all work and labor as herein provided in the
Page 1 of 19 " q 138
manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other
penalties provided in the Agreement, be liable to Society and City for all losses or damages
that either may suffer as a result of such failure, including any additional costs incurred by City
or Society in obtaining such material or labor from other sources.
1.4 Change Orders. Artist shall strictly adhere to the. Scope of Design Build Services set
forth in Exhibit A, unless a change there from is authorized in writing by City and Society.
Artist shall present any and all significant changes to the Artwork not permitted by or in
substantial conformity with .the approved working drawings and the Scope of Design Build
Services set forth in Exhibit A to City and Society in writing in advance for their review and
approval. If City and Society grant such approval, the terms of said change shall be
memorialized in a written change order signed by all parties hereto prior to commencement of
said revised work. For the purposes of this section, a "significant change" is any change in the
scope, design, color, size, material, texture, or site location which affects installation,
scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the
Artwork as represented in the schematic drawings, the approved working drawings, and the
Scope of Design Build Services set forth in Exhibit A.
1.5 Working Environment. Artist land Society, if appropriate) shall, at all times, maintain a
safe work area and provide safe access to both the Artwork and the sites wherein the Artwork
is located prior to installation at the Site Locations for inspection of the Artwork by City and its
representatives.
1.6 Post -Fabrication Obligations.
a. Artist shall notify City and Society in writing when the fabrication of the
Artwork is completed and the Artwork is ready for delivery and installation at the Site
Locations designated in Exhibit A and Exhibit B.
b. Upon completion of the Artwork, and at all times during the fabrication and
installation process, Artist shall ensure that the Artwork complies with all applicable
statutes, ordinances and regulations of any governmental agency having jurisdiction
over the Artwork. Artist shall also ensure that the Artwork is installed in a safe
manner, and is designed to withstand the forces of nature it is expected to be exposed
to during its lifetime, including, but not limited to, wind, rain, sun, and earthquake, as
reasonable for artwork of a similar nature.
1.7 Post -Installation Obligations.
a. Artist shall be available at such reasonable time or times as may be agreed
between City and Artist to attend a presentation ceremony upon completion of the
Artwork.
b. Society shall use reasonable efforts to arrange for publicity for the completed
Artwork by local media and publications and as otherwise determined between City,
Society, and Artist as soon as practicable following installation.
G. Upon installation of the Artwork, Artist shall provide Society and City with
written instructions for appropriate maintenance and preservation of the Artwork.
1.,
Page 2 of 19
1.8 Final Acceptance.
a. Artist shall advise Society and City in writing when Artist believes that
installation of the Artwork at the Site Locations is complete. Following receipt of such
notice, Society and City shall promptly cause the installed Artwork to be inspected.
Within five (5) working days following completion of such inspections, City and Society
shall either (i) provide Artist with reasonably specific written objections, and a list of
necessary corrections to the installed Artwork that Artist must complete, or (ii) notify
Artist of their acceptance of the Artwork by issuing a Notice of Completion in the form
attached hereto as Exhibit D. Said Notice of Completion shall be evidence of the
satisfactory completion and installation of the Artwork in conformity with this
Agreement, subject to the indemnification, representations, and further performance
obligations set forth in this Agreement.
b. Final Acceptance by City and Society of the ownership of the Artwork will occur
from the date of issuance of the Notice of Completion. At that time, ownership for
the three pieces of Artwork located on City property will transfer to the City and
ownership for the three pieces of Artwork located on private property will transfer to
the Society.
1.9 Risk of Loss. Artist shall bear the risk of loss or damage to the Artwork during the
fabrication and installation phases until Society and City issue the Notice of Completion
indicating their acceptance of the Artwork as provided in Section 1.8. Upon Artist's receipt of
the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City
for the three pieces located on City property and by the Society for the three pieces located on
private property. Society shall take the measures described in Article VII of this Agreement, as
necessary, to protect the Artwork from loss or damage and shall maintain the Artwork located
on private properties.
1.10 Compensation to Artist: City agrees to pay Artist for the Artwork the compensation set
forth in Exhibit C. The total compensation to be paid to Artist shall not exceed $5,830 (Five
Thousand Eight Hundred Thirty Dollars). The parties agree that said compensation represents
full payment to Artist for the design, fabrication and installation of the Artwork, including
compensation for all professional services and reimbursement for expenses, and neither City
nor Society shall have any additional financial obligations under this Agreement.
ARTICLE 11. TIME OF PERFORMANCE
2.1 Time. Artist shall,perform his/her obligations under this Agreement in a punctual and
diligent manner and in accordance with the Schedule of Performance attached hereto as
Exhibit B. In the event Artist fails to perform fully any and all of its obligations under this
Agreement, then City and/or Society may, at their option, after first giving twenty-four (24)
hours written notice to Artist, provide any such labor and materials as may be necessary for
the completion of the Artwork. In such event, City and/or Society may deduct the cost of said
labor and materials and all costs incurred in finishing the work, if applicable, from any money
then due or thereafter to become due to Artist under this Agreement until the work undertaken
by Society or City is completely finished. Upon completion of the work, if the unpaid balance
of the amount to be paid to Artist under this Agreement exceeds the expenses incurred by
Society or City in securing labor and materials from other sources and/or in finishing Artist's
work, such excess shall be paid to Artist. Conversely, if the expenses incurred by City and/or
Society as described above exceed the unpaid balance due to Artist, then Artist shall promptly
Page 3 of 19 140
pay to City and/or Society the amount by which such expenses exceed the remaining unpaid
balance. The expense incurred by City and/or Society, as herein provided, shall be chargeable
to and paid by Artist.
ARTICLE III. WARRANTIES
3.1 Title. Artist represents and warrants that: (a) the Artwork is solely the result of the
artistic effort of the Artist and Artist is the creator and owner of the Artwork design; (b) that
the Artwork is unique and original and does not infringe upon any copyright; (c) that the
Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; (d) that to the best
of his/her knowledge the Artwork is not presently subject to claims of ownership, lien or
encumbrance or to common law or statutory copyright claims of any other person, institution,
or domestic or foreign government; and (e) that the Artwork is free and clear of any and all
encumbrances. and/or monetary liens. Artist covenants to defend, indemnify and hold City,
Society, and their respective officials, officers, employees, servants, attorneys, volunteers, and
agents harmless from any loss, claim or liability in any way related to a claim that the Artwork
violates federal, state or local laws, or any contractual provisions, relating to copyrights, trade
names, licenses, franchises, patents or other means of protecting interests in products or
inventions. Artist shall bear all costs arising from the use of patented, copyrighted, trade
secret or trademarked materials, equipment, devices or processes used on or incorporated in
the Artwork produced under this Agreement. In case such materials, equipment, devices or
processes are held to constitute an infringement and their use is enjoined, Artist shall, at
his/her expense, either (a) secure for City and Society the right to continue exhibiting the
Artwork by suspension of any injunction or by procuring a license or licenses for City and
Society; or (b► modify the Artwork so that it becomes non -infringing. The covenant and
warranties set forth in this Section 3.1 shall survive the termination of this Agreement.
3.2 Quality and Condition. Artist represents and warrants, except as otherwise disclosed to
City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike
manner; (b) the Artwork, as fabricated and following installation, will be free of patent and
latent defects in material and workmanship, including any defects or qualities which cause or
accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not
require procedures substantially in excess of those described in the maintenance
recommendations to be submitted'by Artist to Society and City. The warranties described in
this Section 3.2 shall survive for period of one (1) year after acceptance of the Artwork as
evidenced by a Notice of Completion issued in accordance with Section 1.8, except the
representation and warranty concerning latent defects shall survive for a period of three (3)
years from the acceptance of the Artwork. Society and/or City shall give notice to Artist of
any observed and claimed breach with reasonable promptness. Artist shall, at the request of
City or Society and at no cost to City or Society, cure reasonably and promptly the breach of
any such warranty which is curable by Artist and which cure is consistent with professional
conservation standards (including, for example, cure by means of repair or refabrication of the
Artwork).
ARTICLE IV. LOCATION AND DISPLAY OF ARTWORK
4.1 Location/Display. Notwithstanding any other provision of this Agreement, Artist hereby
acknowledges and agrees that all decisions regarding placement and location of the Artwork
are within the sole and absolute discretion of the Society and City, depending on location. The
City will be responsible for the location/display of the Artwork on City owned locations. The
Society will be responsible for coordination of location/display of the Artwork on private
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•M
property locations. Artist further acknowledgesand agrees that Society and City shall have
sole and absolute discretion to make alterations to, relocate, or remove and dispose of the
Artwork in their sole and absolute discretion. In the event Society and City elect to remove
and dispose of the Artwork, Society and/or City shall, subject to the provisions of Section 9.3
of this Agreement, notify Artist at least 30-days in advance of the proposed removal and
provide Artist an opportunity, at his/her sole costs, to take possession of and remove the
Artwork from the Site.
ARTICLE V. PARTY REPRESENTATIVES
5.1 City Representative. For the purposes of this Agreement, City's representative shall be
the Director of Community Services, or such other person as the Director designates in writing
(hereinafter the "City Representative"). It shall be Artist's and Society's responsibility to
assure that the City Representative is kept informed of the progress of the performance of the
services and obligations more particularly described in Exhibit A, and Artist and Society shall
refer any decisions which must be made by City to the City Representative. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the City
Representative.
5.2 Society Representative. For the purposes of this Agreement, Society's representative
shall be Linda Williams, or such other person as Society designates in writing (hereinafter the
"Society Representative"). The Society Representative shall be responsible during the term of
this Agreement for directing all activities of Artist and devoting sufficient time to personally
supervise the services provided by Artist hereunder. The Society Representative shall also be
responsible for overseeing and ensuring Society's performance of its obligations under this
Agreement. The Society Representative may not be changed by Society without the prior
written consent of City.
5.3 Artist Representative. For the purposes of this Agreement, Kathy Dunham ("Artist") is
the sole principal and representative of Artist authorized to act in his/her behalf with respect to
the services specified herein and make all decisions in connection therewith. It is expressly
understood that the experience, knowledge, capability and reputation of Artist were a
substantial inducement for City and Society to enter into this Agreement. Therefore, Artist
shall be responsible during the term of this Agreement for performing or directing all activities
of Artist and devoting sufficient time to personally perform or supervise, as appropriate, the
services hereunder. Artist may not assign all or any of his/her obligations under this
Agreement without the prior written approval of both City and Society.
ARTICLE VI. OWNERSHIP OF ARTWORK
6.1 Ownership of Artwork. Title to the original renderings to produce the Artwork pursuant
to this Agreement shall pass to and vest with the City, title to the three pieces of Artwork
located on City property shall pass to and vest with the City, and title to the three pieces of
Artwork located on private property shall to and vest with the Society upon (i) the issuance of
the Notice of Completion acknowledging Final Acceptance pursuant to Section 1.9 or (ii)
Termination of the Agreement as provided in Article X hereinafter.
6.2 Title to Intellectual Property. Title to all copyright and other intellectual property rights
in the Artwork shall remain with Artist except as otherwise provided in this Agreement.
Notwithstanding the foregoing, Artist, on behalf of him/herself and his/her successors, heirs
and assigns, hereby grants in perpetuity to City and Society, successors and assigns, the right
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to photograph, film, videotape, or otherwise depict the Artwork at any time during the term of
this Agreement and to use such photographs, film, videotapes, or other depictions at any time
thereafter for commercial and noncommercial purposes to promote the City of La Quints, or
the Project. Such uses shall give full artistic credit to Artist.
ARTICLE VII. ADDITIONAL SOCIETYS' OBLIGATIONS
7.1 Maintenance and Alteration of the Artwork. The Society shall maintain the three pieces
of Artwork located on private property in good condition in a location on the Property selected
in concert with or approved by City and private property owners. Society shall sign and record
a covenant and agreement ("Maintenance Covenant") in the form attached hereto as Exhibit E
and incorporated herein by this reference. The Maintenance Covenant shall, among other
requirements, ensure the proper maintenance of the three pieces of Artwork located on private
property and the transfer of title to the same. At a minimum, Society shall maintain the three
pieces of Artwork located on private property in a neat, aesthetic, and orderly manner in
accordance with the language recorded in the Maintenance Covenant, including, but not limited
to promptly removing any graffiti or damage from the elements.
7.2 Permanent Record. Society shall maintain records of all activities related to this
Agreement.
7.3 Location and Disposition. Society and City shall jointly select the initial locations for
placement of the Artwork on the Properties (the "Site Locations"). After installation of the
Artwork at the Site Locations by Artist, Society shall not thereafter change the location or
dispose of the Artwork without the prior written consent of City.
ARTICLE VIII. ADDITIONAL ARTIST OBLIGATIONS
8.1 Artist's Address. Artist shall notify City and Society of any change in address. City or
Society shall take reasonable effort(s) to locate Artist when matters arise relating to the
Artist's rights under this Agreement.
8.2 Surviving Covenants. The covenants and obligations set forth in this Article VIII shall be
binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees
and all their successors in interest, and City's covenants do attach and run with the Artwork
and shall be binding to and until twenty (20) years after the death of the Artist unless
otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate
shall assume the surviving covenants and obligations of Artist set forth in this Article VIII.
8.3 Independent Contractor. Artist is, and shall at all times remain as to City and Society, a
wholly independent contractor. Artist shall have no power to incur any debt, obligation, or
liability on behalf of City or Society or otherwise act as an agent of City or Society. The City,
Society, nor any of their respective agents shall have control over the conduct of Artist or any
of Artist's employees (if any), except as set forth in this Agreement. Artist shall not, at any
time, or in any manner, represent that it or any of its officers, agents or employees are in any
manner employees of City or Society. Artist agrees to pay all required taxes on amounts paid
to Artist under this Agreement, and to indemnify and hold City and Society harmless from any
and all taxes, assessments, penalties, and interest asserted against City or Society by reason
of the independent contractor relationship created by this Agreement. Artist shall fully comply
with the workers' compensation law regarding Artist and its employees (if any). Artist further
agrees to indemnify and hold City and Society harmless from any failure of Artist to comply
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with applicable workers' compensation laws. City shall have the right to offset against the
amount of any fees due to Artist under this Agreement any amount due to City or Society from
Artist as a result of Artist's failure to promptly pay to City or Society any reimbursement or
indemnification arising under this Section 8.3.
ARTICLE IX. ARTIST'S RIGHTS
9.1 Identification. Society shall, at its expense, prepare and install at the Site Location, a
plaque identifying Artist, the title of the Artwork and the year of completion, and shall
reasonably maintain such notice in good repair for as long as the Artwork is displayed.
9.2 Repairs and Restoration.
a. City and Society shall have the right to determine, after consultation with a
professional art conservator, when and if repairs and restoration to the Artwork will be
made. At Society's and City's option, Artist, during Artist's lifetime, may be given the
opportunity to make or personally supervise significant repairs and restorations and shall
be paid a reasonable fee for any such services, provided that Society, City and Artist
mutually agree in writing, prior to the commencement of any significant repairs or
restorations, upon Artist's fee for such services. Society and/or City shall have no
obligation to utilize the services of Artist in this respect if they choose to have the
repairs and restoration done by other professionals. No fees shall be paid to Artist for
repair or restoration due to a breach of the representations and warranties set forth
herein.
b. All repairs and restorations shall be made in accordance with recognized
principles of conservation.
9.3 Waiver of Rights. If any alteration is made to the Artwork without the consent of
Artist, Artist shall have the right to direct the Society to remove Artist's name from the
Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar
with the federal Visual Artists Rights Act (17 U.S.C. § § 106A and 113(d)), the California Art
Preservation Act (Cal. Civil Code § 987 et seq.), and the rights and protection afforded Artist
thereunder. Artist, on behalf of him/herself and on behalf of his/her successors, heirs, and
assigns, hereby waives, releases and disclaims any rights, demands or claims as may arise at
any time and under any circumstances against City, and its elected and appointed officials,
officers and employees arising under the federal Visual Artists Rights Act (17 U.S.C. § § 106A
and 113(d)1, the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other
local, state, federal or international laws that convey rights of the same nature, or any other
type of moral right protecting the integrity of works of art to the fullest extent permitted by
law. Without limiting the generality of the foregoing, Artist expressly waives any rights under
the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art
Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or
international laws relating to the location, placement, or removal and disposal of the Artwork.
ARTICLE X. ASSIGNMENT OR TRANSFER
10.1 Neither Artist nor Society shall assign or transfer any interest in this Agreement without
the prior written consent of City. If the assignment is approved the parties shall enter an
assignment and assumption agreement. Any attempt by Society or Artist to assign, transfer,
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or subcontract any rights, duties, or obligations arising hereunder without city's prior written
consent shall be null, void and of no effect.
ARTICLE XI. TERMINATION
11.1 Society and City may, at either their option, by written notice to Artist, terminate this
Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in
accordance with the terms hereof or any other breach by Artist of the terms of this
Agreement, and such failure or breach continues uncured for fifteen (15) days following notice
thereof from City to Artist ("Termination for Default"), or (b) at any other time in the sole and
absolute discretion of City and Society, acting together ("Discretionary Termination").
Termination for Default and Discretionary Termination are sometimes hereinafter collectively
referred to as "Termination." Upon Termination, except as provided in this Article X, all parties
shall be released from all further obligations and liability hereunder. Effective upon a
Termination, the Artwork, or so much thereof or has then been completed, shall be transferred
to and shall belong to Society. In the event of a Discretionary Termination, Society shall
reimburse City for the full amount of Art in Public Places funding that was provided by City for
the Artwork. In such event and upon Artist's written request, Society shall remove Artist's
name from the Artwork.
ARTICLE XII. INSURANCE AND INDEMNIFICATION.
12.1 Insurance. Prior to commencing any work under this Agreement, and throughout the
duration of the term of this Agreement, Artist shall procure and maintain, at its sole cost, and
submit concurrently with its execution of this Agreement, insurance as described herein. All
insurance coverage required by this Agreement shall be placed with insurers authorized to do
business in the State of California with an A.M. Best and Company rating level of A- or better,
Class VI or better, unless otherwise approved by City's Risk Manager in writing.
12.1.1. Minimum Coverage. Insurance shall include the following (or broader)
coverage:
a. Insurance Services Office Commercial General Liability coverage
"occurrence" form CG 00 01 or its exact equivalent with an edition date prior to
2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000
in the aggregate.
12.1.2. Required Endorsements. Liability insurance policies required to be
provided by Artist hereunder shall contain or be endorsed to contain the following
provisions:
a. City, Society, its employees, officials, agents and member agencies shall
be covered as additional insureds. Coverage shall apply to any and all liability
arising out of the Work or related to the Contract. Additional insured status
under the general liability requirement shall be provided on Insurance Services
Office Form CG 20 10 with an edition date prior to 2004, or its exact
equivalent. Additional insured status for completed operations shall be provided
either in the additional insured form or through another endorsement such as CG
20 37 with an edition date prior to 2004.
b. General liability insurance shall apply to each insured against whom a
claim is made or suit is brought, except with respect to the limits of the
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insurer's liability. Coverage will not be limited to City's or Society's vicarious
liability.
C. Liability coverage shall be primary and non-contributing with any
insurance maintained by City or Society.
d. Each policy required hereunder, and the associated evidence of coverage
(including employer's liability policies), shall provide that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after 30
days' prior written notice has been given to.City and Society. Such provision
shall not include any limitation of liability of the insurer for failure to provide
such notice.
e. No liability insurance coverage provided to comply with this Agreement
shall prohibit Artist, or Artist's employees, or agents, from waiving the right of
recovery prior to a loss. Artist waives its right of recovery against City and
Society.
12.1.3. Verification of Coverage. Artist shall deposit with City within fifteen (15)
days of Notice to Proceed of the Contract certificates of insurance evidencing the
coverage required hereunder and all required endorsements.
12.1.4. No Waiver or Obligation. There shall be no recourse against City or
Society for payment of premiums or other amounts with respect to the insurance
required to be provided by Artist hereunder. Any failure, actual or alleged, on the part
of City or Society to monitor compliance with these requirements will not be deemed as
a waiver of any rights on the part of City or Society. City and Society have no
additional obligations by virtue of requiring the insurance set forth herein. In the event
any policy of insurance required under this Agreement does not comply with these
requirements or is canceled and not replaced, City and Society have the right but not
the duty to obtain the insurance it deems necessary and any premium paid by City or
Society will be promptly reimbursed by Artist or City will withhold amounts sufficient to
pay premium from Artist payments.
12.1.5. Prompt Notice. Artist agrees to provide immediate notice to City and
Society of any claim or loss against Artist arising out of the work performed under this
agreement. City and Society assume 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 or Society.
12.1.6. Subcontractors. Artist shall include all subcontractors, if any, as insureds
under its policies or shall furnish separate certificates and endorsements for each
subcontractor approved by City and Society. All coverages for subcontractors, if any,
shall be subject to all of the requirements stated herein unless otherwise approved in
advance in writing by City's Risk Manager.
12.2 Indemnification.
12.2.1. Indemnification. To the fullest extent permitted by law, Artist shall
indemnify, protect, defend and hold harmless City and Society and any and all of its
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officials, employees and agents ("Indemnified Parties") from and against any and all
liability, 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,
actual attorney fees incurred by City and Society, court costs, interest, defense costs
including fees of expert Artists or expert witnesses incurred in connection therewith
and any other costs or expenses of any kind whatsoever incurred in relation to, as a
consequence of or arising out of or in any way attributable, in whole or in part, to
Artist's performance of this Agreement. All obligations under this provision are to be
paid by Artist as City and Society incur them.
12.2.2Exception to Artist's Obligation to Indemnify. Without affecting the rights of
City or Society under any provision of this Agreement or this section, Artist shall not be
required to indemnify and hold harmless City or Society as set forth above for liability
attributable to the sole fault of City or Society, provided such sole fault is determined
by agreement between the parties or by the findings of a court. of competent
jurisdiction. This exception will apply only in instances where City or Society is shown
to have been solely at fault and not in instances where Artist is solely or partially at
fault or in instances where City's or Society's fault accounts for only a percentage of
the liability involved. In those instances, the obligation of Artist will be all-inclusive and
City and Society will be indemnified for all liability incurred, even though a percentage
of the liability is attributable to conduct of City or Society.
12.2.3 Artist Acknowledgment. Artist acknowledges that its obligation pursuant to this
section extends to liability attributable to City and Society, if that liability is less than
the sole fault of City or Society.
12.2.41ndemnity Provisions for Subcontractors. Artist agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subcontractor, sub tier Artist or any other person or entity
involved by, for, with or on behalf of Artist in the performance of this Agreement. In
the event Artist fails to obtain such indemnity obligations from others as required here,
Artist agrees to be fully responsible according to the terms of this section.
12.2.5 No Waiver; Survival. Failure of City or Society to monitor compliance with the
requirements of this Section 11.2 imposes no additional obligations on City or Society
and will in no way act as a waiver of any rights hereunder. Artist's obligation to
indemnify and defend City and Society as set forth herein is binding on the successors,
assigns, or heirs of Artist and shall survive the termination of this Agreement or this
section.
12.3 Remedies. In addition to any other remedies City and Society may have if Artist
fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City or Society 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 Artist to stop work under this Agreement and/or withhold any
payment(s) which become due to Artist hereunder until Artist demonstrates
compliance with the requirements hereof.
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C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies City or
Society may have. The above remedies are not the exclusive remedies for Artist'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 Artist may be held responsible for
payments of damages to persons or property resulting from Artist's or its subcontractors'
performance of work under this Agreement.
ARTICLE XIII. GENERAL PROVISIONS
13.1 Notices. All notices, requests, demands and other communications which are required
or permitted to be given under this Agreement shall be in writing and shall be deemed to have
been duly given (a) upon the delivery or receipt thereof, as the case may be, if delivered
personally or recognized overnight courier service; or (b) on the third business day following
deposit in the United States mail, sent by registered or certified mail, return receipt requested,
postage prepaid, to the addresses set forth below, or to such other addresses as the parties
may, from time to time, designate in writing pursuant to the provisions of this section. All
notices shall be addressed as follows:
CITY:
City of La Quinta
Attn: Community Services Director
P.O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92247-1504
(760) 777-7032
ARTIST:
Kathy Dunham
55172 Oaktree
La Quinta, CA 92253
(760)771-6367
SOCIETY:
La Quinta Historical Society
Attn: Linda Williams, President
P.O. Box 1283
La Quinta, CA 92253
(760) 564-1283
13.2 Nondiscrimination. In the performance of the services under this Agreement, neither
Artist nor City nor Society shall discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation. In addition, Artist shall comply with the equality of employment opportunity
provisions of State and local laws and regulations as presently existing or hereafter amended.
13.3 Entire Agreement. This Agreement and all exhibits attached hereto and incorporated
herein by specific reference, embodies the entire integrated agreement and understanding
between the parties hereto. There are no other agreements or understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded hereby,
except as set forth herein above.
13.4 Modification. This Agreement and each of the terms embodied herein maybe amended,
altered, changed, or modified only by a written instrument signed by each party hereto and
approved by appropriate action of City and Society.
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13.5 Waiver. No waiver of performance by any party hereto shall be construed as or operate
as a waiver of any subsequent default of any terms, covenants and conditions of this
Agreement. The payment or acceptance of fees for any period after a default shall not be
deemed a waiver of any right or acceptance of defective performance.
13.6 Governing Law; Venue. This Agreement, regardless of where executed or performed,
shall be governed by and construed in accordance with the laws of the State of California. In
addition to any other rights or remedies and subject to the restrictions otherwise set forth in
this Agreement, any party hereto may institute legal action to seek specific performance of the
terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in
equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in
the Superior Court of the County of Riverside, in the Indio Branch municipal court, or in the
Federal District Court in the district of California, which includes Riverside County.
13.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of
City, Society, and Artist, and their respective heirs, personal representatives, successors and
permitted assigns.
13.8 Severance. If a court of competent jurisdiction determines that any provision(s) of this
Agreement is invalid, void, or illegal, such provision(s) shall be severed from the Agreement
and shall in no way affect, impair or invalidate any other provision hereof, and such remaining
provisions shall remain in full force and effect.
13.9 Substitution. Whenever in the specifications of materials or process the Scope of
Services indicates or specifies materials or processes by patent or proprietary name or by name
of manufacturer, such specification shall be deemed to be used for the purpose of facilitating
description of the material and/or process desired, and shall be deemed to be followed by the
words "OR EQUAL," and Artist may offer any material or process which shall be equal in every
respect to that so indicated or specified. Artist shall not offer any substitute material or
process if a substitute so offered by Artist is not found to be equal to that so indicated or
specified by name, if one only be so specified or named, or, if more than one be so specified or
named, then such one as shall be specified in the proposal, or if none be so specified, then
such one as shall be required by City or Society.
13.10 Effective Date. Unless a different date is provided in this Agreement, the Effective Date
shall be the latest Date of Execution, hereinafter set forth below the names of the signature
hereto. Should Artist fail to enter a Date of Execution, the Effective Date shall be the Date of
Execution by City.
13.11 Force Majeure. In addition to specific provisions of Agreement, performance by any
party hereunder shall not be deemed to be in default where delays or defaults are due to war,
insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural
causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of
transportation, governmental restrictions or priority, litigation, unusually severe weather,
inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor
or supplies, acts of the other party, acts or failure to act of any public or governmental agency
or entity, including, without limitation, unreasonable delays in the processing and issuance of
required permits for the installation of the Artwork by Artist (except that any act or failure to
act of City shall not excuse performance by City) or any other causes beyond the reasonable
control or without the fault of the party claiming an extension of time to perform.
Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an
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extension of time to perform. An extension of time for any such cause shall be for the period
of the enforced delay and shall commence to run from the time of the commencement of the
cause, if notice by the party claiming such extension is sent to the other party within ten (10)
days of knowledge of the commencement of the cause. In addition, times of performance
under this Agreement may be extended by mutual written agreement by Society, City and
Artist.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first written above.
CITY: CITY OF LA QUINTA, a California Municipal
Corporation
ATTEST:
VERONICA MONTECINO, CMC, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
SOCIETY:
ARTIST:
M
THOMAS P. GENOVESE, City Manager
LA QUINTA HISTORICAL SOCIETY
By:
Linda Williams, President
KATHY DUNHAM
M
State License No.
Page 13 of 19 15 O
EXHIBIT A
SCOPE OF DESIGN BUILD SERVICES
SCOPE OF WORK
a. Artist shall furnish all labor, material, tools, equipment, etc., required to design the
Artwork in accordance with the quality level and intent of the concept drawings as prepared by
Artist and approved by City and Society.
b. Artist shall complete the design in sufficient scale and detail as required by City and
Society authorities for approval.
C. Artist's design and specifications have been approved by City and Society. No changes
shall be made without approval of City and Society.
II. GENERAL ITEMS OF INCLUSION:
The work shall include but not necessarily be limited to the following:
a. Artist shall examine or cause to be examined all supporting and adjacent surfaces and
record any defects to Society and City prior to installing any material. The installation of any
material constitutes the Artist's complete acceptance of all substrates as compatible with the
work under this Agreement.
b. Artist is responsible for all repairs or replacement of any existing property or work which
is damaged as a result of the performance of the work under this Agreement.
C. Artist shall provide for all unloading, hoisting, and bracing for the Artwork.
d. Artist shall provide all drilling, coring, cutting, fastening required for the Artwork.
III. SPECIFIC ITEMS OF INCLUSION
The creation of historical plaques incorporating images of selected historical buildings in the
City of La Quinta. The plaques will be mounted in a conspicuous location on each building and
will include a rendering of the building and a description with historical data.
There will be 6 (six) plaques designated at the following sites:
La Quinta Historical Society Museum
• SilverRock Resort Clubhouse (formerly Rancho Xochomilco)
La Quinta Resort Hotel
• El Ranchito Restaurant
Cove casita (La Quinta Palms Realty)
The former Desert Club (Fritz Burns Park)
Each plaque will consist of two 12"x12" ceramic tiles, side by side, surrounded by a wrought
iron, angle iron frame with several decorative scrolls. The first tile will have an image of the
building and the second tile will contain text giving historical information.
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An original piece of artwork will be created representing each of the selected buildings. The
artwork will be digitally transferred to ceramic tile and fired for permanency. The tiles are UV
fade resistant and anti -graffiti treated. Both treatments are designed to last the life of the tile.
The completed tiles will be adhered to a weather resistant backing which will be mounted in a
decorative wrought iron frame. The completed plaque will be professionally mounted to each
building in a visible location.
Each original piece of art will consist of an 11" x 11" ink rendering with watercolor. The
City of La Quinta will retain ownership of the original art, copyright remains with the Artist.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
Upon final approval of the Agreement, the Artist will initiate the process of creating the
individual images, which shall be completed within five weeks. Once the images have been
approved by the City and the Society, Artist will create the tiles within four weeks from receipt
of the City's and Society's approval of original artwork. Such approvals can either be provided
on a piece by piece basis or all at one time. Artist will arrange for a local vendor who will
make and install the frame. This framing and installation process shall be completed within six
weeks, subject to the Artist's accessibility to each building. Approximate time for completion
of the Project (excluding any unforeseen complications) shall be 120 days once the City's and.
the Society's approvals of the individual images are issued.
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EXHIBIT C
SCHEDULE OF COMPENSATION
SCHEDULE OF PAYMENT TO ARTIST BY CITY:
City shall pay Artist a deposit in the amount of: $3,400
City shall pay Artist after completion of final image: $2,430
Total Not to Exceed:
$5,830
lb
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EXHIBIT D
NOTICE OF COMPLETION FOR ARTWORK
Piece of Artwork:
WHEREAS, by that certain Art Purchase Agreement dated , 20_ (""Agreement"), The
City of La . Quinta, a California municipal corporation (""City") contracted with
("Society") and ("Artist") to provide certain
"Artwork" (as defined in the Agreement); and,
WHEREAS, as referenced in the Agreement, City and Society shall furnish Artist with a Notice
of Completion upon completion of the fabrication and installation of the Artwork; and,
WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the
fabrication and installation of the Artwork, as required by the Agreement, has been
satisfactorily completed.
NOW, THEREFORE, the parties hereto certify as follows:
1. As provided in the Agreement, City and Society do hereby certify that the fabrication
and installation of the Artwork has been fully performed and completed.
2. Nothing contained in this instrument shall modify in any other way any executory
portions of the Agreement.
IN WITNESS WHEREOF, City has executed this certificate this day of , 20_
CITY OF LA QUINTA, a California
Municipal Corporation
By:
am
155
Page 18 of 19
EXHIBIT E
PUBLIC ART MAINTENANCE AGREEMENT
Pursuant to Article VII. Additional Society's Obligation of this Art Purchase Agreement,
Society is obligated to maintain certain Artwork as follows:
1. Maintenance of the Public Art. Society, its successors, assigns, and any successor in
interest to the Property, covenants and agrees to maintain the three pieces of Artwork located
on private property in accordance with the "Reasonable Standards," as hereinafter defined.
Said Artwork includes, but is not limited to, adjacent sidewalks, pedestrian lighting, and
landscaping which is part of the Artwork. To accomplish the maintenance, the Society shall
either staff or contract with qualified and if required by law, licensed personnel to perform the
maintenance work, including the provision of labor, equipment, materials, support facilities, and
any and all other items necessary to comply with the requirements of this Agreement. The
obligations of Society regarding maintenance of the Artwork in accordance with this paragraph
1 are referred to herein as the "Society Obligations."
2. Reasonable Standards. The three pieces of Artwork located on private property shall,be
maintained in accordance with the custom and practice generally applicable to comparable high
quality commercial properties located within the City, including but not limited to, periodic
cleaning of all exterior surfaces.
3. Failure to Maintain Artwork. In the event the Society does not maintain the three
pieces of Artwork located on private property in the manner set forth herein and in accordance
with Reasonable Standards, the City shall have the right to maintain the Artwork, or to
contract for the correction of such deficiencies, after written notice to the Society. However,
prior to taking any such action, the City agrees to notify the Society in writing if the condition
of the Artwork does not meet with Reasonable Standards and to specify the deficiencies and
the actions required to be taken by the Society to cure the deficiencies. Upon notification of
any maintenance deficiency, the Society shall have thirty (30) days within which to
commence, and thereafter diligently correct, remedy or cure the deficiency. If the written
notification states the problem is urgent and relates to public health and safety, the Society
shall have forty-eight (48) hours to commence to rectify the problem.
A. Right to Maintain. In the event the Society fails to correct, remedy, or cure or
has not commenced correcting, remedying or curing such maintenance deficiency after
notification and after the period of correction has lapsed, then the City shall have the
right to maintain the three pieces of Artwork located on private property. The Society
agrees to pay the City such charges and costs incurred by the City in curing such
maintenance deficiency.
SOCIETY:
Dated:
By:
156
Page 19 of 19
ATTACHMENT 2
Ms. Edie Hylton
Director of Community Services
P. O. Box 1504
La Quints, California 92247
Dear Ms. Hylton,
The La Quinta Historical Society is interested in working with the city on a new project
to identify the historic locations of La Quinta.
The Society has had a thirty year history of maintaining a�. ining artifacts and collections and
providing local history and cultural education by offering programs, tours and events.
As a part of our ongoing efforts to educate ourselves and the community regarding the
rich history of the area, we would like the city to consider commissioning the work of a
local artist that could design historical plaques that would provide information about the
historic buildings in the community.
These locations would be identified with a brief description of the property and its use,
year of construction and the owners. Although we recognize that these locations do not
meet the standards outlined by the Federal or State Historical Register, they are important
to the city of La Quinta and are of interest to the Historical Society members and those
interested in knowing about the city's heritage.
I would like the opportunity to meet with you to discuss the possibility of bringing this
issue to the City Council. We have secured Kathy Dunham as the artist who will provide
the renderings. I would also like to request that Art in Public Places be considered for the
funding of these historical and cultural plaques. The La Quinta Historical Society is
willing to contribute $2000 to the project to see it through to completion.
Thank you for your consideration regarding this matter and please let me know what is
needed to take this item before the City Council.
Sincjy,
L�Wilfiams, ess
157
Museum: 77-885 Avenida Montezuma, La Quinta, CA Phone: 760.564-1283
Mailing Address: P.O. Box 1283, La Quints, CA 92253
ATTACHMENT 3
Kathq Dunkat
Watercolor Artist
Both a published and award winning artist, Kathy Dunham's talents have gained her world wide recognibui ,. .
being on the cover of Australian Artist Magazine to sharing her knowledge of watercolor painting as an enrichment
instructor on cruise ships, her collectors and students know there is something very special in her works of art With
the vibrancy of her watercolor medium, she paints fabulous compositions so they convey the drama of her botanical
subjects. Recognized for her dynamic, close-up paintings in watercolor, Ms. Dunham uses brilliant color along with
striking contrasts of highlights and shadows to create images that verge on the abstract.
Known primarily for her botanical paintings which hang in both public and private collections, Ms. Dunham also
teaches at the following venues: Palm Springs Art Museum, The Getty Museum, Los Angeles County Arboretum,
The Living Desert in the Coachella Valley of Southern California along with workshops in France, Tuscany, Canyon
de Chelly and Spain. Ms. Dunham was also selected as the poster artist for the 2008 Southwest Arts Festival.
You may view her work at www.kathvdunham.com and see her daily blog at www.kathvdunhamstudio.blocispot.com
Awards:
Purchase Award - City of La QuintalLa Quinta Arts festival, March 2011
Award of Mart - Coachella Valley Watercolor Society 22a Annual Show, March 2011
Best in Show - Coachella Valley Watercolor Society 21a Annual Show, March 2010
Award of Merit - Coachella Valley Watercolor Society 20e Annual Show, March 2W9
People's Choice Award, Southwest Arts Festival, 2009
Award of Merit - Painting, Southwest Arts Festival, 2009
People's Choice Award, Southwest Arts Festival, 2008
Poster Artist - Southwest Arts Festival, 2008
Painter of the Year, Coachella Valley Watercolor Society, May 2007
People's Choice Award, Coachella Valley Watercolor Society 18e Annual Show, March 2007
1st Place, Coachella Valley Watercolor Society 180, Annual Show, March 2007
People's Choice Award, Southwest Arts Festival, 2007
4e Place, Coachella Valley Watercolor Society 17e Annual Show, March 2006
Juror's Choice, Coachella Valley Watercolor Society 17e Annual Show, March 2006
National Juried Show, Palm Springs Art Museum, 2005
1 ri Place, Small Images Show, Coachella Valley Watercolor Society November 2004
Is, Place, Watennedia, Thousand Oaks Art Walk'04, June 2004
People's Choice Award, Coachella Valley Watercolor Society Annual Show, March 2004
3rd Place, Watercolors - Southwest Arts Festival, 2004
Artist of the Month, Coachella Valley Watercolor Society November 2003
Best in Show/Hanson House Purchase Award, Palm Springs Smooth Jazz Festival, 2003
Special Merit Award, Coachella Valley Watercolor Society 14r^ Annual Juried Show, 2003
Best Watercolor in Show, Rancho Mirage Art Affaire, November 2002
Artist of the Month, La Quints Arts Association, December 2002
Artist of the Year, Orange Aft Association, 2001
)=III Annual Watercolor West Exhibition Purchase Award, 2001
Se Annual Orange Open, Winsor Newton Award - Watercolors, 2001
Publications:
"Gardens & Flowers" - International Artist Magazine, May/June 2007
"Painting en olein air withNative Spirits" - Intemational Artist Magazine- DecJJan 2006
"How Did You Paint That? 100 Ways to Paint Still life and Florals. Vol. II
Intemational Artist Publications, 2005
Cover and Feature Artist - Australian Artist Magazine, Oct 2004
"Artist's Proiecls You Can Paint -10 Floral Watercolors by Kathy Dunham"
Intemational Artist Publications, 2004
"How Did You Paint That? 100 Ways to Paint Still Life and Florets'- International Artist
Publications, 2004
Cover Art - Southern CalifomWs Garden Notebook, 2002 Rev 3-11
Kathy Dunham
Watercolor Artist
Watercolor artist, Kathy Dunham has lived full time in, La Quinta for 9 years and has
owned property here for 18 years. She is a talented artist who has gained international
recognition with her art. The City of La Quinta recognized her in 2005 as one of their
distinguished artists. The following are just a few of her accomplishments as they relate
to the City of La Quinta.
International: A published author of an internationally distributed book on
watercolor instruction, 2004.
Cover and Feature Artist of Australian Artist magazine, October 2004
National: The only La Quinta artist accepted into the National juried Show at
The Palm Springs Art Museum, 2005
State: Award winner at the XXXIII Annual Watercolor West Exhibition
(The painting was purchased by the County of Riverside and
now hangs in the Law Library at the County Courthouse in Indio)
1 n Place Award, Thousand Oaks Art Walk 2004
(Other awards on attached resume)
Local: President, Coachella Valley Watercolor Society 2005-2008
Member, Artist's Advisory Board, La Quinta Art Foundation
Past Vice President, La Quinta Art Association
Assorted Valley awards for art (see attached resume) .
Kathy's contribution to the City of La Quinta's image is shown through her dedication
and willingness to share her talents with the citizens of the city. She was a participating
artist at the Cultural Arts Commission "Concert Under the Stars" at the Civic Center
Campus (April 2003).
In September of 2003, Kathy was asked by the City Recreation Department to provide a
children's art activity for the dedication of the new community park in North La Quinta.
This highly successful project, which involved painting on tile, was a hit not only with
young children but also attracted teenagers and many interested adults.
February 2004, Kathy coordinated an after school art instruction program for 4.h & 51h
graders at Adams Elementary School here in La Quinta. She organized the classes,
provided all materials and brought in guest artists, including herself, to teach the
students how to use various art mediums. ;%rsts
Since the fall of 2002, Kathy has been an instructor of both watercolor, drawing and
photography classes at the La Quinta Senior Center. These highly successful classes
continue to attract a large attendance due to Kathy's outgoing willingness to share her
knowledge of art.
In fall of 2004 Kathy was selected to create original pieces of art for one of the city's
newest housing developments "Watercolors". Her four original pieces will be on display
at the models and clubhouse in addition to being reproduced as street sign art within
the development.
Kathy's art was the focus for the month of January in The City's annual calendar, 2005.
Spring of 2005 Kathy donated a limited edition piece of art to be raffled as part of a
fundraiser at the La Quinta Playhouse production of "Art".
In the fall of 2005 Kathy opened an art gallery in La Quinta at Point Happy, along with
six other artist partners. Kathy believes La Quinta will broaden its reputation as an art
mecca. With developers expanding their horizons to the east end of the valley, La
Quints has an opportunity to shine in the art world.
Kathy is the past president of the Coachella Valley Watercolor Society, a position she
held for three years, 2005-2008.
She has been a regular participant in The La Quinta Arts Festival for 7 years.
In October of 2007 Kathy served as the tour guide for the City of La Quinta's trip to San
Diego to view the Georgia O'Keefe exhibit. Not only did she dress as the famous artist
but she took on her persona and gave a lecture about the paintings and images those
participating in the trip would be experiencing.
She also teaches workshops at the Palm Springs Art Museum; has taught classes at The
Getty Museum in Los Angeles, The Huntington Library and Gardens in San Marino, Los
Angeles County Arboretum and The Living Desert here in the Valley. She shares her love
of teaching by holding workshops in places such as Canyon de Chelly, Arizona; the
Dordogne region of Southwest France; Italy, Spain and Portugal in addition to being an
enrichment instructor on major cruise lines.
160
Proposal
Historical Plaques at Various Locations in the City of La Quinta
SCOPE:
The creation of historical plaques incorporating images of selected historical buildings of interest in the City of La
Quinta. The plaques will be mounted in a conspicuous location on each building and will include a rendering of
the building and a description with historical data.
SELECTED BUILDINGS:
Initially, there will be 6 plaques designated at the following sites:
• La Quinta Historical Society Museum
• SilverRock Resort Clubhouse- formerly Rancho Xochomilco
• La Quinta Resort Hotel
• El Ranchito Restaurant
• A La Quinta Cove casita
• The former Desert Club at Fritz Burns Park
DESIGN SPECIFICS:
Each plaque will consist of two 12"x12" ceramic tiles, side by side, surrounded by a wrought iron, angle iron
frame with several decorative scrolls. The first tile will have an image of the building and the second tile will
contain text giving historical information.
Process:
• An original piece of artwork will be created representing each of the selected buildings.
• The artwork will be digitally transferred to ceramic tile and fired for permanency. The tiles are
UV fade resistant and anti -graffiti treated. Both treatments are designed to last the life of the
tile.
• The completed tiles will be adhered to a weather resistant backing which will be mounted in a
decorative wrought iron frame.
• The completed plaque will be professionally mounted to each building in a visible location.
ARTIST:
Kathy Dunham, a La Quinta resident and professional artist, will create the original artwork and coordinate the
project until completion.
ARTWORK:
Each original piece of art will consist of an 8 Y2" x 11" ink rendering with watercolor. The City of La Quinta will
retain ownership of the original art, copyright remains with the artist.
161
Page2
Proposal
Historical Plaques/City of La Quinta
April 6, 2011
HISTORICAL INFORMATION:
Linda Williams of the Historical Society will provide all historical text for the plaques.
PROPOSED COST:
Cost for 6 olaoues
Original artwork
$2,800
Ceramic tiles ($60/tile)
$720
Wrought Iron frame ($145/frame)
$870
Mounting materials
$40
Installation ($145/plaque)
$1,400
Total
$5,830
TIME FRAME:
Upon final approval of the project, the artist will initiate the process of creating the individual images, which
should take approximately 4 weeks. Turnaround time for the tiles is 2-3 weeks from receipt of original artwork.
A local vendor will make and install the frame. This manufacturing process should take 4 weeks. The actual
installation will depend on accessibility to each building. Approximate time for project (excluding any
unforeseen complications) should be 90 days once all approvals are made.
MAINTENANCE:
Minimal maintenance of washing with a non abrasive cleaner and dusting is all that is required.
16?
ATTACHMENT 4
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COUNCIL/RDA MEETING DATE: Mav 17, 2011
ITEM TITLE: Consideration of Selection of a
Representative to the Chamber of Commerce
Workshop/Information Exchange Committee
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the selection of a member of the City Council to serve for three consecutive
meetings of the Chamber of Commerce Workshop/Information Exchange Committee.
FISCAL IMPLICATIONS:
104151"
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City Council has established a policy of appointing one of its members to serve on
the Chamber Workshop Information Exchange Committee for three consecutive
meetings. Terry Henderson was the last Council appointee to this Committee and has
attended three meetings. The rotation of appointees has been as follows:
Council Member Henderson (11/16/2010)
Council Member Evans (5/18/10)
Mayor Pro Tem Franklin (11/17/09)
Mayor Adolph (5/19/09)
Council Member Kirk (1/19/09)
Mayor Pro Tem Henderson (10/7/08)
Council Member Osborne (3/18/08)
Council Member Sniff (10/2/07)
161
In order to continue this policy,a new Council representative should be appointed
at this time. The next meeting will be held on Monday, July 11, 2011.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Appoint a new Council Member as a representative to the Chamber of
Commerce Information/Exchange Committee Workshop; or
2. Do not appoint a new Council Member as a representative to the Chamber of
Commerce Information/Exchange Committee Workshop; or
3. Provide staff with alternative direction.
Respectfully submitted,
Douglas R. vans
Assistant City Manager — Development Services
Approved for submission by:
Thomas P. Genovese, City Manager
165
REPORT/INFORMATIONAL ITEM: I W
INVESTMENT ADVISORY BOARD
MEETING
March 9, 2011
1. CALL TO ORDER
Regular meeting of the La Quinta Investment Advisory Board was called to
order at the hour of 4:00 by Chairman Park followed by the Pledge of
Allegiance.
PRESENT: Board Members Mortenson, Blum, Park and Spirtos
ABSENT: None
OTHERS PRESENT: John Falconer, Finance Director, Tom Genovese,
City Manager and Vianka Orrantia, Senior
Secretary
II PUBLIC COMMENT — None
III CONFIRMATION OF AGENDA — Confirmed
IV CONSENT CALENDAR
1. Approval of Minutes of Meeting on February 9, 2011 for the
Investment Advisory Board.
MOTION — It was moved by Board Members Mortenson/Spirtos to approve
the Minutes of February 9, 2011. Motion carried unanimously.
V BUSINESS SESSION
Chairman Park suggested that Section V, Item B be discussed at this time.
Board concurred.
B. Proposed Amendment to the 2010-2011 Investment
Mr. Falconer advised that staff would like to propose an amendment to the
2010-2011 investment policy amending the extension of the maximum
maturity from five to ten years and allowing the investment of state and
local government investments. As a result of the proposal, staff has asked
Mr. Genovese, City Manager to attend and brief the Board as to why staff is
proposing these amendments.
166
Mr. Genovese advised of the current economy and its impact to the City as
well as the Governor's consideration to dissolve the RDA. As a result of the
Governor's proposal, staff's decision was to transfer money from the RDA to
the City to repay outstanding loans, as well as the transferring of several
properties including SilverRock. For this reason, staff is requesting the
amendments to the 2010-2011 Investment Policy. Mr. Genovese also
advised of staff's decision to also issue bonds at this time.
General discussion ensued amongst the Board and staff regarding bonds and
the transferring of the City's assets. In addition, general discussion was also
ensued regarding the Governor's proposal to dissolve the RDA along with
various aspects of what this will entail and the impact to the City of La
Quinta and all other local agencies.
Mr. Genovese summarized for the Board the City's RDA and the various
capital improvement projects benefiting the residents of La Quinta funded by
the RDA over the years. Therefore due to the Governor's proposal, Mr.
Genovese asked the Board to consider the recommended amendments to the
policy to allow the Treasurer to invest in maturities up to ten years as well as
consider the new investment type, California Local Agency Obligations to be
implemented into the 2010-2011 Investment Policy.
In response to Board Member Spirtos, Mr. Falconer clarified that page 2 first
sentence, that staff is requesting the extension of maturity from 5 years to
10 years; therefore the proposed language should read:
maturing between 3 and 10 years.
In response to Board Member Mortenson, Mr. Falconer clarified the two
definitions of the local agency obligations;
1. The City's ability to invest in their own bonds (which is allowed by
the State Code) and;
2. The ability to invest in other government agency bonds.
Mr. Falconer advised the Board that staff considered investing in the City's
bond but was informed by the City's attorney's that this was not permitted
but they could possibly be purchased through a secondary market.
In response to Board Member Mortenson, Mr. Falconer advised that the
current bond ratings for the Housing Authority is "AA" and the
Redevelopment Agency's rating will be an A+, with a twenty to thirty year
maturity.
167
MOTION — It was moved by Board Members Blum/Park to approve the
proposed amendments to the 2010-2011 Investment Policy. Motion carried
unanimously.
The Board thanked Mr. Genovese for his attendance to the meeting and the
additional information provided for the Board's consideration to the proposed
amendments.
A. Transmittal of Treasury Report for January 2011
Mr. Falconer presented and reviewed the staff report for the month of
January advising of the receipt of the first installment of property tax
payments received from the County increased the ending cash balance by
$20.1 million. As indicated on page 3, taxes are down by approximately $4
million which are due to Prop 8 adjustments, (the reassessed value of
homes) in comparison to the previous year.
Mr. Falconer advised that there were several short-term investments made in
commercial paper and Federal Home Loan Discount Notes. He also advised
that due to upcoming expenditures, next month's report will reflect a decline
in the cash. Also reflected is a decline in the LAIF balance, with little change
to the interest rate from the previous year.
In response to Board Member Mortenson, Mr. Falconer advised that the yield
to maturity has declined to 206 days.
Mr. Falconer advised the Board that there would be a possibility of early
liquidation of a six-month T-Bill from bond proceeds due to the relocation of
a canal located in near SilverRock. Mr. Falconer further advised that this
project is a joint effort with the Coachella Valley Water District.
General discussion ensued amongst the Board regarding the relocation of the
canal.
In response to Board Member Blum, Mr. Falconer clarified for the Board that
page 9, second block titled "Projected (Sources) Uses of Cash" is the six
month forecast for all investments therefore totaling the available cash listed
in fourth block titled "Projected Liquid Cash."
In response to Board Member Mortenson, Mr. Falconer advised that in
previous years, the CDARS program was presented to the Board as a
possible investment instrument; due to the yield at the time it was the
decision of the Board not to include the program as an investment.
16R
Board Member Mortenson stated that he felt that staff should reconsider
investing in CDARS as a possible alternative to LAIF.
General discussion amongst the Board and staff regarding LAIF.
MOTION - It was moved by Board Members Blum/Mortenson to review,
receive, and file the Treasurers Report for January, 2011. Motion carried
unanimously.
B. Proposed Amendment to the 2010-2011 Investment Policy - (This
item was discussed at the beginning of the board meeting.)
C. Continued Discussion of the Investment Advisory Board 2011-2012
Work Plan and 2011-2012 Investment Policy
Mr. Falconer advised that based upon his conversation with fellow
Treasurers, another investment tool being utilized by other cities is the
Riverside County Treasurer's Pooled Investment Fund, which is not
permissible under the City's current investment policy. He further
advised included in the agenda is a handout for the Board's review and
consideration as a possible alternative to LAIF and considered as part
of the Board's 2011-2012 Work Plan.
General discussion ensued by the Board and staff regarding the
Riverside County Treasurer's Pooled Investment Fund.
MOTION - It was moved by Board Members Spirtos/Mortensen to continue
the review of the 2011-2012 Work Plan and the 2011-2012 Investment
Policy. Motion carried unanimously.
VI Correspondence and Written Material
A. Month End Cash Report and other selected Financial Data - February
2011
Mr. Falconer commented that based on the current economic market,
LAIF's yield remains at .43% and with the City at .46%.
Noted and Filed
B. Pooled Money Investment Board Reports - December 2010
Noted and Filed
163
VII Board Member Items
Board Member Spirtos
conflicts, she will not
conference in April.
informed the Board that due to schedule
be able to attend the upcoming CMTA
Mr. Falconer advised that if any other Board member was interested in
attending the conference, he asked that they notify staff no later than
March 15`^ so that reservations could be made accordingly.
VIII Adjournment
MOTION - It was moved by Board Members Spirtos/Mortenson to adjourn
the meeting at 5:20 p.m. Motion carried unanimously,
ubmit
i
Vian Orrantia
Senior Secretary
170
REPORTS & INFORMATIONAL ITEMS: 19
COMMUNITY SERVICES COMMISSION
MINUTES
April 11, 2011
CALL TO ORDER
A regular meeting of the Community Services Commission was called to order at
5:31 p.m. by Chairperson Fitzpatrick.
Commissioner Engel led the Pledge of Allegiance.
PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner
STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf
& Parks Manager; Angela Guereque, Senior Secretary
PUBLIC COMMENT - None.
CONFIRMATION OF AGENDA
Motion - It was moved by Commissioners Leidner/Lawrence to confirm the agenda.
Motion carried unanimously.
PRESENTATIONS - None.
APPROVAL OF MINUTES
1. Approval of March 14, 2011 Minutes
Motion — It was moved by Commissioners Leidner/Engel to approve the minutes as
submitted. Motion carried unanimously.
CONSENT CALENDAR - None.
BUSINESS SESSION
1. Consideration of the 2011-2012 Community Services Commission Annual
Work Plan.
Director Hylton presented the staff report.
Commissioner Leidner asked when the 30" celebration will begin. Director stated
that marketing and presentations will start at the beginning of the Fiscal Year.
Community Services Commission Minutes April 11 2011
-2-
Director Hylton stated staff will add the HEAL program into the Work Plan before
being presented to the City Council.
Motion - It was moved by Commissioners Leidner/Blakeley to approve the 2011-
2012 Community Services Commission Annual Work Plan with the addition of the
HEAL. portion and direct staff to present for City Council consideration. Motion
carried.
2. Consideration of Historic Plaques at Various Locations in the City.
Chairperson Fitzpatrick recused herself due to a conflict of interest. Director Hylton
presented the staff report.
Linda Williams, Historical Society, spoke about the importance of the plaques to
identify historical sites.
Commissioner Lawrence asked how the six locations were picked. Ms. Williams
stated the locations were chosen based on access and the time frame to tie in with
the 301" Anniversary.
Commissioner Leidner asked if any locations were considered in the north or east
La Quinta. Ms. Williams stated not at this time.
Artist, Kathy Dunham, presented samples, time lines, and maintenance information
for the plaques.
Commissioner Leidner asked if the Historical Society had looked at any other
artists. Ms. Williams stated that Ms. Dunham came highly recommended and did
not feel the need to look at any other artists.
Kay Wolff, 77227 Calle Ensenada, stated she felt the plaques were a wonderful
addition to the City.
Motion - It was moved by Commissioners Blakeley/Engel to recommend the
purchase of six historical plaques to be located in various locations throughout the
City in the amount of $5,830 using APP funds. Motion carried with Chairperson
Fitzpatrick recused.
STUDY SESSION - None.
DEPARTMENT REPORTS
1. Department Report Update
172
Community Services Commission Minutes April 11, 2011
-3-
COMMISSIONER ITEMS
1. Report from Commissioners Regarding Meetings Attended.
2. Calendar of Monthly Events
PUBLIC HEARING - None.
OPEN DISCUSSION
ADJOURNMENT
It was moved by Commissioners Lawrence/Blakeley to adjourn the Community
Services Commission meeting at 6:20 p.m. Motion carried unanimously.
NEXT MEETING INFORMATION:
A Regular Meeting of the Community Services Commission to be held on May 9,
2011 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78-
495 Calle Tampico, La Quinta, CA 92253.
S mitted by:
*Angeareque
Community Services Senior Secretary
173
REPORTS/INFORMATIONAL ITEM: ZD
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
March 8, 2011 7:04 P.M.
CALL TO ORDER
A. A regular meeting of the La Quinta Planning Commission was called to
order at 7:04 p.m. by Chairman Alderson.
PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and
Chairman Alderson.
ABSENT: None
STAFF PRESENT: Planning Director Les Johnson, Planning Manager
David Sawyer, Assistant Planner Yvonne Franco,
and Executive Secretary Carolyn Walker.
II. PUBLIC COMMENT: None
III. CONFIRMATION OF THE AGENDA: Confirmed
IV. CONSENT CALENDAR:
There being no comments, or suggestions, it was moved by Commissioners
Barrows/Wilkinson to approve the minutes of February 8, 2011 as
submitted. Unanimously approved.
V. PUBLIC HEARINGS:
A. Conditional Use Permit 2003-075, Amendment No. 2; a request by
Gary Yasuda for Milan Institute of Cosmetology for consideration of a
Conditional Use Permit Amendment to increase the square footage and
number of students per session for a beauty school within the
Regional Commercial (RC) District at Dune Palms Plaza located at 47-
120 Dune Palms Road, Suites C & D; located on the east side of Dune
Palms Road, approximately 300 feet south of Highway 1 1 1.
Planning Commission Minutes
March 8, 2011
Assistant Planner Yvonne Franco presented the staff report, a copy of
which is on file in the Planning Department.
Chairman Alderson asked if there were any questions of staff.
Commissioner Wilkinson asked if the applicant was agreeable to a
reduction in students.
Staff responded they preferred to have 65 students.
Commissioner Wilkinson asked if any alternative parking solutions had
been suggested.
Staff responded nothing was in writing from the applicant or property
owner, then explained the center's layout and parking.
General discussion followed on the available parking in the center and
surrounding areas.
Commissioner Weber referenced page 5 of the staff report, where it
states "...It is probable that not every student has their own vehicle
and estimating that up to ten of them will either rideshare or get
dropped off..." and asked whose estimate that was.
Associate Planner Franco responded it was staff's estimate.
General discussion followed on how staff had arrived at that figure.
Commissioner Weber asked if there was sufficient restroom space.
Staff responded that would be the decision of the Building & Safety
Department who received copies of the plans and had not made any
comments. Staff then explained the procedures followed in routing
the plans to Building and Safety and the Tenant Improvement
Permitting process.
Chairman Alderson asked for a definition of "paying customers" since
the application was for a school for cosmetology.
Assistant Planner Franco explained that the students had to spend a
certain portion of their training time with the public and it was
necessary to set aside parking for those customers.
Z 175
Planning Commission Minutes
March 8, 2011
There being no further questions of staff, Chairman Alderson opened
the public hearing portion of the meeting and asked if the applicant
would like to speak.
Ms. Betty Weber, Dean of Education, Milan Institute of Cosmetology,
41-760 Jamaica Sands Drive, Bermuda Dunes CA (applicant's
representative)- introduced herself and said the estimate of 10 ride -
sharing students was actually very low. She added that about two-
thirds of their students either shared a ride, or were dropped off by
parents or family members and about one-third of them rode the bus.
She explained who their students were and that most of them were
young and could not afford cars. She did not think that the request to
allow 65 students was a problem as the parking lot was empty most
of the day; even on their busiest days. She commented on the nearby
businesses and the generally available parking in the center.
Chairman Alderson asked if there were any questions of the applicant.
Commissioner Wilkinson asked if Ms. Weber could more clearly define
the number of students needing parking spaces.
Ms. Weber replied she thought about two-thirds of the students were
dropped off by parents or family members on their way to work.
Commissioner Wilkinson asked staff to explain how they arrived at the
parking .figures.
Planning Director Johnson responded staff had been very generous in
defining the parking for this applicant since they would be occupying
over half the building. He also commented on the lowered use of the
parking lot by other patrons. He said this was a Conditional Use
Permit, issued in perpetuity, and no one could predict whether the
student demographics or other tenant changes could increase the
demand for parking spaces. He concluded that what occurred today
could change in the future and if there were any reservations on the
part of the Commission, staff would be more than willing to work with
them and/or the applicant to re -visit this use permit at a later date.
However, at this point in time, staff did not feel comfortable
recommending more students than what was currently recommended.
-3- 1i6
Planning Commission Minutes
March 8, 2011
Commissioner Wilkinson asked if staff had any information on the
landlord's position.
Planning Director Johnson responded he had not recently spoken with
the landlord, but in the past she had been very supportive of Milan
being there. He then asked his staff if they had spoken with the
landlord. Staff responded the landlord had received a copy of the
report and had not made any comments.
Commissioner Barrows commented that because two-thirds of the
students were dropped off they would not need parking spaces.
Ms. Weber said she did not see the need for the restriction since most
students did not drive and the clients would be parking out front.
General discussion followed on:
• The photographs presented, who took them and when.
• Sensitivity of parking available for paying customers.
• The parking north of the site.
• The parking calculations for this building.
Commissioner Weber asked if Ms. Weber was okay with the
restriction on overlapping the sessions.
Ms. Weber responded that would pose a problem and explained how
the training sessions were determined, the number of hours needed to
obtain an adequate amount of training and why and how hard it would
be to expand the program and fill classroom vacancies if the hours
were extended.
Chairman Alderson asked if she had heard of the condition prior to the
meeting.
Ms. Weber said she had not, but the applicant might have been aware
of it.
Commissioner Quill commented on the possibility of having enough
parking spaces if the two classes did not overlap.
-4- 177
Planning Commission Minutes
March 8, 2011
Ms. Weber clarified the salon was not open to clients between 5:00
p.m. and 6:30 p.m. The salon floor was closed. The students worked
on theory (book work) during that time.
Commissioner Weber asked if Ms. Weber would be agreeable to
having a time limitation placed on the conditional use permit; in order
to assess the situation at a later date.
Ms. Weber said she would be agreeable if it was for the 65 stations.
Commissioner Quill asked how many students were currently
attending.
Ms. Weber said 20 students.
Chairman Alderson asked about the staff's determination of Code -legal
parking spaces.
Staff explained their determination and how they applied the "drop
off' credit.
General discussion followed regarding security lighting, and the
applicant's cooperation in the past.
There being no further questions of staff, or comments from the
applicant, Chairman Alderson asked if there was any public comment.
There being no public comment, Chairman Alderson closed the public
hearing and opened the matter for Commission discussion.
Commissioner Quill said this was an appropriate location for clientele
who would be utilizing mass transit or ride -sharing. He said the
parking would be under-utilized and the conditional use permit should
be allowed with the 65 students as requested by the applicant.
Commissioner Wilkinson agreed with Commissioner Quill's comments
and then asked for clarification of building percentage the applicant
would be occupying.
-5-
Planning Commission Minutes
March 8, 2011
Staff did not have an exact number since the proposed expansion had
not be utilized yet and commented on the current lessees, and
vacancies, in the building.
General discussion followed regarding amount of vacant space
currently available, as well as the possibility of shared parking
agreements with the owner of the parcel to the north of the applicant.
General discussion followed on the Municipal Code standards for
determining the parking ratio for a specific use, and the fact that this
parcel had a 1:400 parking ratio versus 1:200, which had been
established with their specific plan.
Staff then presented the Commission with several options to allow
them to the opportunity to revisit this item at a future date of their
choice.
Commissioner Wilkinson expressed concern about the cost to the
applicant if the improvements were done in two phases.
Staff explained it would be a similar environment to what was there
currently with over 40 stations but only 20 students per class.
Commissioner Barrows went over some of the previously mentioned
concerns such as 1) why the parking standards were 1:400 versus
1:200, 2) the fact that the building that had been almost empty for
quite some time, and 3) there was a business that wanted to occupy a
significant piece of that space and they should be accommodated.
She added that there didn't appear to be a problem with parking and
the Commission should allow them to have more students, possibly
for a specific time period. She was okay with the parking because it
appeared to be adequate.
Chairman Alderson re -opened the public hearing and asked Ms. Weber
to come back to answer additional questions.
Chairman Alderson asked Ms. Weber for her thoughts about doing the
tenant improvements in two phases.
Ms. Weber responded she did not make those decisions as she was
the Dean of Education. She did say, as a former salon owner, that it
mom
Planning Commission Minutes
March 8, 2011
would cost more money to have two expansions; rather than remodel
once and include the allowance for future needs.
Chairman Alderson asked her if the improvements had to be done in
two phases, would that cause her to scale down her proposed tenant
improvements.
Ms. Weber responded she would probably not, but would probably
look for another spot. She emphasized that was her comment and not
that of the corporation and she was not suggesting that would happen
here.
Chairman Alderson asked if the Commissioners had additional
questions. The Commissioners had no further questions and he closed
the public hearing portion of the meeting and returned to
Commissioner comments.
Commissioner Weber commented that it would make more sense for
the applicant to build out to their maximum capability. He suggested
if the application were approved for 65 students it would be better to
come back sooner rather than later to re -visit the parking. He added it
would also make sense for the applicant to explore a shared parking
agreement with their neighbors to the north to help mitigate the
problem.
Chairman Alderson asked if he would support 48 students with a
reassessment in one-year.
Commissioner Weber said he might even support 65 students with a
short time frame to review what the impact is.
General discussion followed on the occupied and vacant square
footage of the building and the layout of the parcel; including Bob's
Soccer Shop, Milan, other occupants and vacant space.
Commissioner Quill asked Ms. Weber for the next session starting
date.
Ms. Weber responded she did not have it but could get back to staff
with that information. Discussion followed on the when the sessions
would start and stop. Also, since this was a school, why the parking
Planning Commission Minutes
March 8, 2011
requirements differed from any other school, i.e., high schools; which
are actually exempt from Municipal provisions.
Commissioner Wilkinson echoed Commissioner Weber's comment on
possibly seeking a shared parking agreement. He added that he was
surprised that the landlord didn't have any response to the parking
comments.
Staff said the landlord approved the application when it was submitted
and three weeks prior to the meeting the property owner responded in
writing, that they were okay with the proposal.
Chairman Alderson expressed his concerns about the parking, and said
he would support the 48 students, to come back in 6 months, or 65
students right now and to deny the request to add Condition 10.
General discussion followed clarifying the Commission's position
before making a motion.
There being no further questions or discussion, it was moved and
seconded by Commissioners Barrows/Quill to adopt Resolution 2011-
003 recommending approval of Conditional Use Permit 2003-075,
Amendment No. 2 as conditioned in the staff report, with the
following amendments:
1. Condition No. 6 to be revised to read —
Each session shall have no more than 65 students, at any time, in
order to mitigate parking impacts on the property.
2. Condition No. 10 shall be deleted.
3. The Conditional Use Permit is to be re -visited to make sure the
designated parking is adequate and has not impinged upon any of
the neighboring retail businesses. This review shall occur in 18
months from the date of April 18, 2011, which is the beginning of
the next class cycle.
Unanimously approved.
VI. BUSINESS ITEMS: None.
',., 181
WE
Planning Commission Minutes
March 8, 2011
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
Vill. COMMISSIONER ITEMS:
A. Report of the City Council Meeting of February 15, 2011 by Chairman
Alderson. (Commissioner Barrows thanked Chairman Alderson for
covering the February 15, 2011, Council meeting on her behalf.)
B. Report of the City Council meeting of March 1, 2011 by
Commissioner Quill. Report included a brief recap of the discussion of
budget, Public Works, and redevelopment items
C. Chairman Alderson requested the addition of discussion on the
following March 1, 2011, Public Hearing Item:
Consideration of an Ordinance Amending Municipal Code Section
9.60.030 to Permit Review of Alternative Fence Materials Not
Currently Identified in the Code, and Section 9.120.010 "Table of
Permitted Uses" to Add the Sale of Golf Carts as a Conditionally
Permitted Use in the Golf Course Zoning District.
Chairman Alderson stated the Council did not accept the Planning
Commission's recommendation on these items and asked staff to
outline the reasons for the Council's action. Staff summarized the
Council's comments.
D. Chairman Alderson noted Commissioner Weber was scheduled to
report back on the March 15, 2011 Council meeting.
E. General discussion followed on:
• The bridge at Adams and Whitewater.
• The Whitewater Trail
• The Avenue 52/Jefferson Roundabout
• Utilization of the Planning Commissioners' expertise.
IX: DIRECTOR ITEMS:
A. General discussion on the California Planners' Institute.
.. P 182
Planning Commission Minutes
March 8, 2011
E�i\111110111 V 01A,I:UIM
There being no further business, it was moved by Commissioners
Quill/Weber to adjourn this regular meeting of the Planning Commission to
the next meeting to be held on March 22, 2011. This meeting was
adjourned at 8:31 p.m. on March 8, 2011.
Respectfully submitted,
i
C4Wj
Carolyn Walker, Executive Secretary
City of La Quinta, California
» 183
-10-
REPORTSANFORMATIONAL ITEM: Z
MINUTES
HISTORIC PRESERVATION COMMISSION MEETING
A Regular meeting held in the Study Session Room
at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
March 17, 2011
This meeting of the Historic Preservation Commission was called to order at 3:03
p.m. by Chairman Wright.
CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
Present: Commissioners Maria Puente, Peggy Redmon, Allan
Wilbur, and Chairman Robert Wright
Absent: Commissioner Archie Sharp
Staff
Present: Planning Director Les Johnson, Planning Manager
David Sawyer, and Secretary Monika Radeva
II. PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV, CONSENT CALENDAR:
It was moved and seconded by Commissioners Puente/Wilbur to approve the
minutes of February 17, 2011, as submitted. AYES: Commissioners Puente,
Redmon, Wilbur, and Chairman Wright. NOES: None. ABSENT:
Commissioner Sharp. ABSTAIN: None.
V. BUSINESS ITEMS:
A. CLG Grant Update: Discussion of applications for 2011 Certified Local
Government Grant (CLG).
Historic Preservation Commission
March 17, 2011
Planning Manager David Sawyer said this year the City would be
submitting three different CLG grant applications targeting the
following issues independently: 1) Digitization of the Historic
Resources Survey, 2) Application of the Historic Context Statement,
including the digitization of the survey's context statement, web page
development to the City's existing website, etc., and 3) Development
of a Curation Program.
Planning Manager Sawyer explained that in the CLG grant application
submitted last year, the grant funds would have covered 80% of the
cost and City staff would have funded the remaining 20%. In order to
make the application more appealing, this year, staff was looking into
increasing the percentage of staff's participation to a possible ratio of
70-30% or even 60-40%, accordingly.
Commissioner Puente asked what was the deadline for submitting the
CLG grant application. Staff replied the deadline was April 25, 2011.
He explained the proposals would be presented to the City Council for
review and consideration, prior to submission, on April 19, 2011.
Commissioner Wilbur asked what amounts the applications would ask
for. Staff replied the amounts had not yet been calculated, as the
applications only included the scopes of work at this time. Staff
wanted to receive the Commission's suggestions and comments on
the scopes of work before moving forward with the completion of the
applications.
Commissioner Wilbur asked if the proposed curation program would be
useful to the La. Quinta Museum as well. Staff replied the program
would make the artifacts more accessible, a database and tracking
system would be in place to keep track of what was being checked
out, and the Museum would be able to use the artifacts for display,
including events within and outside the Coachella Valley. It would not
be limited to the La Quinta Museum only.
General discussion followed regarding the process and presentation of
the CLG grant applications to the City Council.
» 185
2
Historic Preservation Commission
March 17, 2011
B. 2011 California Preservation Conference: Discussion of
accommodations, travel, and Conference agenda.
Planning Manager David Sawyer gave a brief overview of the 2011
California Preservation Conference scheduled for Mary 15-18, 2011,
in Santa Monica, California.
Planning Director Johnson talked about the costs associated with
attending the Conference and general discussion followed regarding
Conference attendance and travel arrangements.
Staff said it was unlikely that next year's budget would include
attendance to the Conference. However, the Commission would be
notified of all local opportunities available to satisfy the CLG
requirements to remain certified. The City would cover the costs
associated with attending those classes.
VI. CORRESPONDENCE AND WRITTEN MATERIAL: None.
VII. COMMISSIONER ITEMS: None.
Vill. PLANNING STAFF ITEMS: None
A. Ethics Training
Staff said Commissioners Wilbur and Sharp were due to renew their
Ethics Training. Staff said the City no longer offered the classes on site,
but the course was available on-line.
IX. ADJOURNMENT:
There being no further business, it was moved and seconded by
Commissioners Puente/Redmon to adjourn this Meeting of the Historic
Preservation Commission to the next Meeting to be held on April 21, 2011.
This meeting of the Historic Preservation Commission was adjourned on
March 17, 2011, at 3:36 p.m. Unanimously Approved.
Subm
Monika R
Secretary
41
Department Report: I A
F
w
CF`y OF Tl'9
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager ^Q�
DATE: May 17, 2011
SUBJECT: Department Report - Response to Public Comment
The following public comment was made at the May 3, 2011 City Council meeting:
1. Helga Paul 45-395 Coldbrook, resides adjacent to the Centre Pointe property at
Washington and Miles. She stated the lack of maintenance of that property had
caused an accumulation of tumbleweeds against the residential wall and
backyards. Code Compliance had the owner of the property clear the initial
tumbleweeds, but the tumbleweeds continue crossing over the fencing into the
backyards of the residences.
Mayor Adolph thanked Mrs. Paul for her comments and directed staff to look
into the problem and to -report back to Council.
181
Department Report: l g
Lam
OHO y /•��%w///�/� %�%'nj��i �W
N OF T
TO: The Honorable Mayor and Members of the City Council
FROM: Douglas R. Evans, Assis nt City Manager — Development Services
DATE: May 17, 2011
SUBJECT: Department Report Regarding the Vista Dunes Courtyard Homes Case
Study
In 2009, Vista Dunes Courtyard Homes received an "Award of Excellence for
Affordable Housing" from the Home Depot Foundation. Part of that award included
funding for a post -occupancy study. The study looked at several factors, including
Location Efficiency, Consumption, Durability and Health, and Best Practices in
Green Design.
Staff will present a short PowerPoint at today's meeting that summarizes key
points from the study.
Department Report: l c
TO: The Honorable Mayor and Members of the City Council
FROM: Doug Evans, Assistant City Manager -Development Services
DATE: May 17, 2011 #E
SUBJECT: Department Report — Report on City of La Quinta and Coachella Valley
Water District's Cooperative Landscape Water Management Program
The Cooperative Landscape Water Management Program ("CLWMP") originated
with the Weather Based Irrigation Controller Pilot Program ("WBIC"). The WBIC
was such a success that the City and Coachella Valley Water District ("CVWD")
initiated a landscape retrofit demonstration program to reduce water usage and
eliminate runoff on both City and private property. There were originally five main
components:
1. Water management opportunities on City properties
2. Water management opportunities for single-family homes
3. Water management opportunities for homeowner association properties
4. Water management opportunities on golf courses
5. Public relations opportunities
The purpose of this report is to provide the City Council with a comprehensive
update and share some of the program success stories.
1. Water Management Opportunities on City Properties: The two agencies
together identified City -maintained properties and implemented the best water
conservation measures for each property.
Council approved a turf reduction program for the Civic Center Campus and
City Hall with approximately 43,000 square feet of turf removed and
replaced with desert plants;
• Police Substation on Avenida Bermudas had 6,800 square feet of turf
removed;
• Fire Station #70 eliminated approximately 23,900 square feet of turf.
These projects continue to provide positive environmental impacts along with
significant reduction in water usage. By reducing the amount of grass to be
mowed and eliminating the annual reseeding, the City decreased a significant
amount of grass waste. Fertilizer and pesticides used on turf are no longer needed,
thus reducing pollution. These projects were a joint effort between all the City
Departments.
Other projects implemented by the City included:
• Removal of 18 inches of turf from the west wall of Saguaro Park;
• Removal of grass islands between the sidewalk and street at Adams Park;
• Turf removal from the south side of City Hall parking lot and replaced with
water -efficient plants;
• Removal of some turf at the Eisenhower Park and replaced with plants;
• Desert landscaping planted at the Senior Center;
• Irrigation controllers were replaced with WBICs at all City buildings.
Another step taken by the City and CVWD was to create a Water Waste Helpline
program. This program allowed individuals to report violations contributing to
water waste. CVWD and City staff members were trained to ensure calls were
responded to in an efficient manner. To date, approximately 93 calls have been
received reporting possible water waste.
2. Water Management Opportunities for Single -Family Homes: The
Redevelopment Agency retrofitted all 27 Agency -owned rental homes with WBICs
and four had landscape conversions.' In addition, residents were offered a rebate
program whereby they could chose to:
Install a WBIC for a reduced rate of $100;
Replace existing sprinklers with new generation smart nozzles for a rebate of
$5.00 each;
• Replace 24-inches of turf back from the curb at $2.00 per square foot of turf
removed;
• Remove as much turf as they wanted from the front yard at $2.00 per
square foot of turf removed.
In this joint effort, the City and CVWD each committed $50,000 per year since
December 2007. In order to generate ideas and provide examples, the City hired a
consultant to prepare landscaping plans that residents could use to design their
front yards. The District provided technical assistance and performed all
inspections.
Next year the City will be scaling back its involvement in providing rebates for
landscape conversions. WBIC will be the City's focus as well as encouraging
residents to make the transition from turf to desert landscaping. CVWD staff has
indicated that it may continue the rebate program for next year.
3. Water Management Opportunities for Homeowner Association Properties:
Staff, in cooperation with CVWD, worked with homeowner associations (HOA) to
recommend ways they could: .
• Reduce the amount of turf on their street frontages;
Improvements to retention basins to reduce water consumption;
• Implemented alternatives to over seeding;
• Encouraged the installation of more efficient sprinkler heads.
City and CVWD met with HOA representatives to review and approve water
conservation landscaping plans and perform final inspections. Three homeowner
associations participated in the landscape conversion program:
• Rancho La Quinta
• La Quinta Palms
• Club La Quinta
These projects provide excellent examples of what can be done to improve water
efficiency by removing turf, using desert plants, and updating irrigation systems on
a larger scale.
4. Water Management Opportunities on Golf Courses: CVWD and City staff
held meetings with local country clubs to discuss water programs. CVWD also
worked with local country clubs to perform water consumption evaluations on golf
courses to check irrigation systems and overall water use. Those participating in
the audit were:
• La Quinta Country Club
• Mountain View
• Hideaway
• Tradition
• Trilogy
Rancho La Quinta
• The Quarry
• PGA West courses: Palmer, Nicklaus, Stadium, and Norman.
191
Program Summary:
5. Public Relations Opportunities: Both CVWD and the City have publicized the
program on their websites, newsletters, newspaper articles, and attended several
civic functions to promote water conservation.
Since inception, the program has continued to gain momentum and popularity with
the City's residents. Each year it was evident that the word was getting out and
residents were beginning to realize the importance of water conservation. The
following statistics are evidence of how successful the program has been:
• 182 residents and three HOAs have participated in the program;
• 317 residents installed WBICs;
• The City has provided rebates totaling $137,067;
• Rebates to HOAs totaling $10,000;
• Contributed $40,100 toward the WBIC program;
• The total amount of turf removed was approximately 200,315 square feet or
4.5 acres.
In order to measure the success of the program CVWD conducted a study on 60
homes to assess the results. The findings are as follows:
• There was a 43% water savings;
• The current water usage is 9,221,344 gallons;
• The previous year water usage was 16,269,000 gallons;
• Water consumption reduced by 7,047,656 gallons;
• Approximately 2.3 acres of turf removed.
In evaluating the proposed Fiscal Year 2011-2012 Budget, staff will be
recommending that funding for the landscape conversion program be eliminated.
Last year, the City budgeted $60,000 for the program. Staff will continue to
promote water conservation in the City of La Quinta since the program did achieve
its goals of reducing water usage and run-off water, and showing that water -
efficient desert landscaping can be just as beautiful as a traditional turf lawn. With
all the projects and homes that have participated, serving as examples of attractive
and water efficient landscaping, it is expect4ed that even more residents will look
for ways to conserve water.
11 1 9 L
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DEPARTMENT REPORT: . 3
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3:00 PM Miss. -
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3:00 PM City Council
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10'.00 AM Homelessness
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12:00 PM HCRC Franklin
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24
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10:30 AM RCTC Budget
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31
June August
S M T W T F S S M T W T F S
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Printed by Calendar Creator Plus on 5/9/2011 196
DEPARTMENT REPORT: (,f'
C&,(f44a"
TO: The Honorable Mayor and Members of the City Council
FROM: Tom Hartung, Director of Building & Safety --F4(
DATE: May 17, 2011
RE: Department Report — April, 2011
Attached please find the statistical summaries for building permits, Animal Control, Code
Compliance, and garage sale permits for the month of April. The statistical summaries
depict the following highlights:
• Year-to-date building permit valuation is $12,514,563 which represents an issuance
of 110 building permits in April;
• Animal Control handled 370 cases in April;
• Code Compliance initiated 312 cases in April;
• Garage sale permits generated $1660 revenue in April.
` 197
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DEPARTMENT REPORT: S
�FM OF maw
TO: Honorable Mayor and Members of the City Cou cil
FROM: Edie Hylton, Community Services Director
DATE: May 17, 2011
SUBJECT: Community Services Department Report for April 2011
Upcoming events of the Community Services Department for June 2011:
Aquatics Adult Lap Swim, Pool
Adult Water Aerobics, Pool
Family Fun Night, Pool
Swim Meets, Pool,
Open/Recreational Swim, Pool
Morning/Evening Swim, Pool
Computers *Master MS Word
Photoshop Elements, Senior Center
Photos to Artwork, Senior Center
Dance *Line Dancing
*Swing/Latin Fusion
Dance, Play & Pretend, La Quinta High School
Beginning Ballet (5-10 yrs.), La Quinta High School
Dance and Cheer (6-9 yrs.), La Quinta High School
Ballet/Tap (4-6 yrs. / 7-10 yrs.), La Quinta High School
Ballet/Jazz (4-6 yrs. / 7-10 yrs.), La Quinta High School
Excursions LA Dodgers vs. LA Angels of Anaheim
Exercise & Fitness *Morning Workout
*Mat Pilates
*Core Stability Ball
*Yoga for Health
*Yoga for Seniors
*Tai Chi Chuan/Qi Gong
W.E.L.L. Morning Walks, Civic Center Campus
Outdoor Interval Training, Civic Center Campus
Body Challenge Sculpt & Tone, Senior Center
Tai Chi Chuan/Qi Gong, Fitness Center
Yoga AM, Library
Yoga PM, Museum
202
Jazzercise, Senior Center
Zumba, Senior Center
Free Programs *Quitters
*Woodcarvers
Leisure Enrichment Hawaiian Culture & Hula 19-13 yrs; 14 & up), Senior Center
Acrylic Landscape Painting (18 & up), Senior Center
Martial Arts Karate/ Taekwondo, Senior Center
Special Events *Hawaiian Luau Luncheon
Moonlight Movies, Old Town
Special Interest *Mature Driver
*Acrylic Landscape Painting
Sports
Summer Golf Tour Golf Club @ La Quinta
Rancho Mirage Country Club
Escena Golf Club
Shadow Hills Golf Club
*Senior Center class or activity
Community Services Department
Attendance Report for the Month of April 2011
Summary Sheet
Program 2011 2010 Variance Sessions Per Month
2011 2010
Leisure Classes
178
142
36
81
91
Special Events
4425
2300
2125
4
3
Sports
547
349
198
18
21
Fitness Center
550
578
-28
26
26
Senior Center
1515
1680
-165
134
' 128
Total
7,215
6,049
2,166
263
269
Senior Services
Senior Center
318
405
-87
18
21
Total
318
405
-87
18
21
Sports User Groups
La Quinta Park Use
AYSO
200
400
-200
231
26
LQ Sports & Youth
1501
150
0
211
20
Desert Boot Camp
50
50
0
10
9
C.V. Revolution
25
0
25
6
0
Sports Complex
LQ Sports & Youth
800
900
-100
16
19
Facility/Park Rentals
Senior Center
Private Part
400
600
-200
3
3
(Sunday Church
3001
600
-300
41
8
Museum
Meeting Room
0
60
-60
0
1
Osher Classes
50
70
-20
6
4
Library
Classroom
300
420
-120
5
8
Civic Center Campus
Private Part
500
200
3001
1
1
Park Rentals
La Quinta Park
350
250
100
6
3
Fritz Burns Park
50
0
50
1
0
Total
3,176
3,700
-525
102
102
Total Programs
10,708
9,154
1,564
383
392
Volunteer Hours
Senior Center
322
332
-10
Total Volunteer Hours
1 3221
332
-10
p 204
Community Services Program Report for April 2011
2011 2010 2011 2010
Participants
Participants
Variance
Meetings I
Meetings
Leisure Classes
Acrylic Painting
101
6
4
3
3
Relaxing Movements
71
0
7
8
0
Ballet/ Tap 4- 6
26
8
18
4
4
Ballet/ Tap 7- 10
12
6
6
4
4
Dance And Cheer
7
0
7
4
0
Adobe Photo Basic
9
3
6
4
1
Computers - Beg.
5
7
-2
41
4
Microsoft Word
3
0
3
4
0
Guitar - Be .
8
20
-12
2
3
Guitar -2ndLevel
101
6
4
2
1
Rock Solo
3
0
3
1
0
Italian For Everyone
11
0
11
1
0
Tai Chi Chuan
3
6
-3
8
8
Zumba
23
21
2
8
9
Yoga - Morning
8
0
8
41
0
Yoga - Evening
11
0
11
4
0
Jazzercise
13
13
0
8
13
-Body Sculpting/ Core Workout
i 91
7
2
8
9
Totals
178
103
75
81
59
2n11 2010 2011 2010
Participants
Participants
Variance
Meetings
Meetings
Special Events
Moonlight Movie @ Old Town
175
0
175
1
0
Sports Complex Dedication
50
0
50
1
0
Youth Egg Hunt
1200
700
500
1
1
City Picnic & Birthday Party
3000
1600
1400
1
1
Totals
4425
2300
2125
4
2
2011 2010 2011 2010
Participants
Participants
Variance
I Meetings
Meetings
Sports & Fitness
Fitness Center
550
578
-28
26
26
Open Gym Basketball
403
263
140
12
12
Open Gym Volleyball
102
70
32
4
5
W.E.L.L. Walking Club
20
0
20
1
0
Nature Walk
22
0
22
1
0
Totals
10971
911
186
441
43
lCommunity Services Totals 1 5,7001 3,314 2,3861 1291 104
2C.5
Monthly Revenue Report for April 2011
Mnnthly Ravanua . Facility Rentals 2011 2010 Variance
Libra
$
$
-
$
Museum
$
$
1,350.00
$
1,350.00
Senior Center
$
2,200.00
$
5,215.00
$
3,015.00
Parks
$
775.00
$
375.00
$
400.00
Sports Fields
$
890.50
$
1,060.00
$
169.50
Monthly Facility Revenue
$
3,865.50
$
8,000.00
$
4,134.50
Monthly Revenue
Senior Center
1 $
6,233.001
$
5,826.00
1 $
407.00
Community Services
$
4,770.00
$
4,178.50
$
591.50
La Quinta Resident Cards
$
8,400.00
$
4,035.00
$
4,365.00
Fitness Cards
$
620.00
$
1
595.06
$
25.00
Total Revenue
$
20,023.00
$
14,634.50
$
6.388.50
Rovanua Yaar to Date
Facility Revenue
$
44,481.00
$
52,778.00
$
8,297.00
Senior Center *
$
47,685.50
$
68,459.50
$
20,774.00
Community Services
$
46,518.00
$
41,020.50
$
5,498.00
La Quinta Resident Cards
$
78,665.00
$
31,650.00
$
47,015.00
Fitness Cards
$
6,170.00
$
6,235.00
$
65.00
Total Revenue to Date
$ 223,519.60
$ 200,142.50
$
23,377.00
* In 2010, the City received a $10,000 donation from David Orme's Trust which was
used to update the Senior Center computer lab. In 2011, revenue decreased due to a
reduction in classes offered and reduction of fees.
Senior Center Attendance
Senior Center Program Report for April 2011
Partci ation
artici at on
Variance
Meetm s
Meetings
20
20
2011
2010
Senior Activities
ACBL 2 99ers"
172
322
-150
5
4
Bridge, Social/Pa
409
439
-30
17
16
Evening Dance
46
24
22
1
1
Monthly Birthday Party
50
48
2
1
1
Monthlv Luncheon Volunteer Recognition)
68
81
-131
1
Movie Time
58
75
-17
4
Multigenerational Talent Show
80
96
-16
1
PuttingAction
11
16
-5
4
]46
Tennis
141
125
16
8
Wii Bowling6
12
-6
4
Senior Activity Total
1041
1238
-197
46
Senior Leisure Classes
Acrylic Landscape Painting
5
0
5
3
0
Bride Intermediate
15
0
15
1
0
Ceramics
5
0
5
3
0
Computers
5
11
-6
2
6
Creative Photography
6
16
-10
3
3
Dance Workshop
7
15
-8
1
1
Dog Training
7
4
3
2
1
Exercise
56
35
21
13
13
Golden Tones
40
- 57
-17
4
4
Hooked on Loos
11
5
6
4
1
Mat Pilates
27
11
16
13
13
Politics & Prose (discussion group)
- 16
0
16
2
0
Quilters
52
46
6
5
4
Sketch/Draw
32
27
51
4
4
Swing/Latin Fusion
7
11
-41
2
3
Tai Chi Chuan/Qi Gong
4
0
4
1
0
Ukulele Players
90
77
13
7
9
Watercolor
29
42
-13
5
4
Woodcarvers
49
46
3
5
5
Yoga for Health
7
0
7
4
0
Yoga for Seniors
4
0
4
4
0
Senior Leisure Classes Total
474
403
71
68
71
TOTAL SENIOR PROGRAMS
1515
1641
-126
134
117
Senior Services
AARP Tax Assistance
23
26
-3
4
3
FIND
192
241
49
5
5
HICAP
4
4
0
1
2
LIHEAP
11
0
11
1
0
FREE Seminars/Presentations/Screenings (7r
41
71
-30
11
5
Volunteers
47
55
-8
n/a
n/a
TOTAL SENIOR SERVICES
316
397
-76
16
12
SENIOR CENTER TOTAL
1833
2038
-202
1521
129
-included: Memory Assessment Screening; DRMC Parkinson's Awareness; Stroke Awareness
Financial presentation; Who Dunnit Book Club presentation; Riv. Co. Asthma Program; LIHEAP
'* New ACBL Bridge group - This group Is smaller than the original ACBL group. 7
2C 1
Parks Activities Updates
For April 2011
The shade canopies over the playground area at La Quinta Park were
removed and reinstalled. A large area of the canopy seam had torn and the
manufacturer was contacted. The repairs were made by the manufacturer
under their product warrantee. `
During the Easter weekend, all the of the Cove park playgrounds located at
Velasco, Eisenhower, and Fritz Burs Park were targeted with malicious
vandalism. The damage at all three facilities included; 4 swings, 2 sand
diggers, 1 standing swing, and 1 slide. These parks also received extensive
graffiti, damage to the drinking fountains, and damage to the irrigation
systems. Most items were cleaned and repaired but some of the play
equipment needed to be removed while the replacement parts are on order.
The interactive water feature located at La Quinta Park resumed daily
operation on Saturday, April Wh. This facility only operates during the
spring and summer months because it is a self contained unit with an
underground water storage tank. During the fall and winter months, the
water in the tank is too cold for public use.
The City's Golf and Parks Manager attended three days of training with an
exam to be qualified as a Certified Playground Safety Inspector (CPSO. This
certification and exam are done every three years and is conducted by the
National Playground Safety Institute. The purpose of a CPSI is to be capable
of establishing the basics of a sound risk reduction program, is able to audit
a playground, establish a system of repair, retrofit and removal of hazardous
equipment, and establish a routine inspection system. California is the only
state that has mandated routine playground safety inspections. The City of
La Quinta currently has a playground safety policy and provides routine
playground safety inspections.
2I
Department Report: 7
^� OF Tt�
TO: The Honorable Mayor and Members of the City Council
FROM: Les Johnson, Planning Directory -/of
DATE: May 17, 2011 /
SUBJECT: Department Report for the Month of April 2011
Attached please find a copy of the Planning Department Report which outlines the
current cases processed by staff for the month of April 2011.
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DEPARTMENT REPORT
M
4 maw
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer
DATE: May 17, 2011
SUBJECT: Public Works Department Report for April 2011
Attached please find the following:
1. Citizen Service Request Summary;
2. Encroachment Permit and Plan Check Services Summary;
3. Capital Improvement Plan Status Update;
4. Monthly Summary of Public Works Tasks;
4 m tmothy R. Joi ass
Public Works irect /City Engineer
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N A
MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: April, 2011
Employee's Hourly Labor Breakdown
Crew#1
Crew #2
Crew #3
Maint. Mg.
Code
Activity
5 Men
4 Men
3 Men
1 Man
Total
1000
Policing/Inspection
34
73
0
5
112
1001
Pot Hole -Repair/Patching
7
11
0
0
18
1002
Crack/Joint-Repair
16
0
0
0
16
1003
Pavement Marking/Legends
5
3
0
0
8
1004
Pavement Marking/Striping
5
0
0
1
6
1005
Curb Painting
9
0
0
0
9
1006
Other Traffic Controls
0
33
0
0
33
1007
Curb & Gutter Repair/Const.
0
0
0
0
0
1008
Other Concrete Repairs/Const.
13
21
0
0
34
1009
Street Sign Install (New)
16
4
0
0
20
1010
Street Sign Repair/Maint
47
12
0
2
61
1011
Debris Removal
18
45
0
4
67
1012
Right of Way Maint.
12
29
94
0
135
1021
CLEAN Catch Basin Inlet/Outlet
0
17
0
0
17
1022
Rondo Channel Outlet/Vault
0
0
0
0
0
1022A
Desert Club Outlet/Vault
0
0
0
0
0
1023
S.D./ D.W./C.B. Repair/Maint.
4
4
0
6
14
1024
Gutter/Median Sand Removal
0
2
0
0
2
1025
Street Sweeping (Machine)
0
142
0
0
142
1026
Street Sweeping (Hand)
0
0
0
0
0
1027
Sidewalk/Bike Path Cleaning
0
0
0
0
0
1028
Dust Control
0
0
0
0
0
1029
Flood Control
0
0
0
0
0
1031
Parks/Retention Basins Inspection/Clean-u
0
2
76
3
81
1041
Irrig/ Weeding, Shrubs & Tree Trimming
63
10
169
6
248
1051
Landscape/Irrigation Contract Managemen
0
0
25
10
35
1052
Lighting/Electrical Contract Management
0
0
13
13
26
1061
Small Tools Repair/Maint.
3
0
2
0
5
1062
Equipment Repair/Maint.
4
1
0
0
5
1063
Vehicle Repair Maint.
0
8
0
0
8
1081
Trash/Litter/Recycable Removal
0
7
16
0
23
1082
Vandalism Repairs
14
1
0
0
15
1083
Graffiti Removal
246
70
14
11
341
1084
Maint. Yard Building Maint.
7
8
5
1
21
1085
Seminars/Training
20
3
0
12
35
1086
Special Events
0
0
22
0
22
1087
Citizen Complaints/Requests
144
24
0
0
168
1088
Meeting
0
25
4
24
53
1089
Office (Phone, paper work, reports. Misc.)
32
34
5
53
124
SUBTOTAL
719
589
445
151
1904
1091
Over Time
0
0
1094
Jury Duty(
0
2
7
0
9
1095
Sick Leave
70
25
17
0
112
1096
Vacation
9
26
0
9
44
1097
Holiday
0
0
0
0
0
1098
Floating Holiday
0
0
0
0
0
1099
Worker Comp/ Bereavement/ STD
2
0
18
0
20
SUBTOTAL
81
53
42
9
185
TOTAL HOURS
800
642
4871
160
2089
TOTAL MILES
40591
31811
24981
201
9939
220
Department Report: -►
LIP@-v-LICE
LA TA
Served by the Nverside County Sherifs DeparOnent
Police Department Monthly Report
April 2011
Prepared for
® 221
E
La Quinta Police Department
SIGNIFICANT ACTIVITY REPORT
Captain Raymond Gregory
Chief of Police
Friday, April 1, 2011
12:30 PM -- Officers responded to the 48100 block of Vista Cielo regarding a suicidal subject. An adult female, 52, of
La Quinta, was transported.
6:30 PM — Special Enforcement Team officers served a property related search in the 31100 block of Avenida La
Gaviota, Cathedral City. Officers recovered a rifle that was stolen during a vehicle burglary in 2004. No arrests were
made and the investigation is on -going.
Saturday, April 2, 2011
12:44 AM — Patrol Officers conducted a traffic stop at Avenue Diaz and Calle Arroba. Sergio Vasquez was cited and
released for possession of marijuana.
12:10 PM — Officers responded to the 45200 block of Seeley regarding a suicide threat. An adult male, 40, of La
Quinta was transported to the Oasis Mental Health Clinic for his safety and well-being.
1:34 PM — Responding to a report of an intoxicated individual, Officers were dispatched to Montezuma Park, 77865
®Avenida Montezuma. Officers located and arrested Andres Montemayor, 44, of La Quinta for public intoxication.
Montemayor was booked into the Indio
5:20 PM — Special Enforcement Team officers conducted a traffic stop on Hwy I I I at Jefferson St. Eugene Jones, 59,
of Indio was arrested and booked into the Indio Jail for an outstanding fraud warrant.
9:18 PM — Patrol Officers were dispatched to the 78100 block of Calle Tampico in reference to a subject trespassing
and panhandling. Julio Rosales, 18, of La Quinta was arrested for the above violations and booked into the Indio Jail.
Sunday, April 3, 2011
12:20 PM — Officers responded to the 46400 block of Dune Palms Road regarding a report of a domestic disturbance.
Investigation revealed Britney Martinez, 25, of Palm Desert had physically assaulted her boyfriend. Martinez was
arrested for felony domestic violence and booked into the Indio Jail.
7:13 PM — Special Enforcement Team officers conducted a pedestrian check at Washington Street and Via Sevilla
Drive. Joseph Reynolds, 27, of Bermuda Dunes was arrested and booked into the Indio Jail for possession of a
controlled substance.
7:31 PM — Patrol Officers responded to the area of Via Sevilla and Washington Street in reference to an "unknown
trouble" call at the location. Gracie Kaylor, 49, of Palm Desert, was arrested for driving under the influence and
booked into the Indio Jail.
Monday, April 4, 2011
6:09 PM — Officers were dispatched to Adams Street and Highway I 1 I regarding two intoxicated subjects at the
®location. Ronny Bohne Jr., 58, and Fred Bambush, 47, both of Palm Desert, were arrested for public intoxication and
booked into the Indio Jail.
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Tuesday, April 5, 2011
2:17 AM — Officers conducted a pedestrian check at Avenida Madero and Calle Tecate. Dayveon Scagges, 20, of
Indio was arrested and booked into the Indio Jail for an outstanding burglary warrant.
4:43 AM — Officers responded to the 51800 block of Avenida Martinez regarding a report of an attempted suicide. An
adult female was transported, via ambulance, to JFK hospital.
8:04 AM -- Officers received a report of a male panhandling in the 77900 block of Montezuma. Julio Rendon, 18,
was arrested for drug charges and booked into the Indio Jail.
11:59 PM —Officers responded to 48400 block of Cassita Dr. regarding a report of elder abuse. Jefferson Hopkins
Cunningham, 55, of La Quinta was arrested for felony elder abuse.
Wednesday, April 6, 2011
12:47 AM — An off duty Officer reported seeing five males walking in the Monticello neighborhood looking into cars.
Arriving officers located three of the subjects and one admitted they were in the area looking for items to steal from
vehicles. Arrested for conspiracy to commit burglary were Brandon Webster, 18, Rudy Rodriguez, 18, and a 16 year
old juvenile, all of Palm Desert.
12:59 PM — Officers responded to the 79900 block of Hwy I I I regarding a shoplifter in custody. Beverly Penny, 55,
of Thermal was arrested and booked for commercial burglary.
2:32 PM — Officers were dispatched to Fritz Bums Park at Avenue 52 and Avenida Bermudas regarding a subject
possibly using drugs. Julio Rendon, 18, of La Quinta was arrested and booked for being under the influence of a
controlled substance.
® 5:01 PM — An off duty officer reported a suspicious male in the community of Star Light Dunes. Special Enforcement
Team officers located the suspect walking in the area of Fred Waring Dr. and Seeley Dr. Rodger Cedeno, 30, of
Desert Hot Springs, resisted arrest and ran from officers. Additional officers arrived and established a perimeter and
Cedeno was located and arrested. He was booked into the Indio Jail for possession of methamphetamine, possession of
drug paraphernalia, petty theft, resisting arrest and committing a felony while out on bail.
11:24 PM — Patrol officers conducted a traffic stop on Avenida Mendoza and Calle Tampico and arrested Joel Joseph
Martinez, 22, of La Quinta for a felony drug warrant.
Thursday, April 7, 2011
No Significant Activity
Friday, April 8, 2011
1:17 PM — Officers were dispatched to JFK Hospital in reference to a possible child abuse incident. Based on initial
information gathered, Investigators responded and assumed the investigation.
5:00 PM — Special Enforcement Team officers served a property related search warrant in the 78700 block of Bay
Berry Lane. Several items of stolen property were located. Charles Hann, 44, of La Quinta was also found to be in
possession of a small amount of methamphetamine. He was booked into the Indio Jail for possession of
methamphetamine. Three additional charges of possession of stolen property are pending.
Saturday, April 9, 2011
12:35 PM -- Officers responded to the 51500 block of Avenida Villa in reference to a suspicious person. Officers
® located Jason Paul Devinny, 31, of La Quinta, who was in possession of duffle bag containing copper piping. Devinny
223
®was also in possession of gloves, pliers and a screwdriver. Devinny was arrested for possession of stolen property and
booked into the Indio Jail.
2:19 PM — Officers investigated a report of the violation of a court order. Jason Rainwater, 36, of La Quinta was
located at his residence in the 51700 block of Avenida Navarro. He was arrested for violating the court order and was
booked into the Indio Jail.
7:19 PM — Officers arrested Coral Lezama, 20, and Ana Avendano, 19, both from La Quinta, for shoplifting in the
79200 block of Highway 111. Both Lezama and Avendano were booked into the Indio Jail.
Sunday, April 10, 2011
5:54 AM — Officers were dispatched to the 80900 block of Bellerive in reference to an attempted suicide. An adult
female was transported to JFK hospital for treatment and evaluation.
12:05 PM — Officers responded to the 78900 block of Hwy I I I in reference to a theft. A subject had left the store
without paying for two pairs of shoes. Deputies located Miguel Angel Ceja, 40, of Coachella and arrested him for
commercial burglary. Ceja was booked into the Indio Jail.
1:36 PM — Patrol officers responded to the 48200 block of Calle Floristas regarding a domestic disturbance. Edith
Villa Castillo, 45, of La Quinta was arrested for physically assaulting her boyfriend. Castillo was booked into the
Indio Jail for domestic violence.
2:45 PM -- Officers responded to the 53700 block of Avenida Martinez on a family disturbance follow up and arrested
Donnelly Jay Boland, 47, for criminal threats. Boland was booked into the Indio jail after receiving medical clearance.
11:21 PM — Officers responded to Jack in the Box on Hwy l I regarding a battery in the drive thru. Bryan Makenzie
® Sargent, 22, of La Quinta was arrested for battery and a warrant for under the influence of narcotics.
Monday. April 11.2011
8:48 PM — Officers responded to PGA Blvd. and Avenue 54 in reference to a single vehicle traffic collision. Robert
Modica, 75, of Thermal was driving under the influence and collided with a palm tree. Modica was arrested for
driving under the influence and cite released after treatment at the hospital
Tuesday, April 12, 2011
1:21 AM — Officers were dispatched to a report of a burglary in the 79900 block of Mission Dr. It was reported that
an unknown suspect had kicked open the front door of the residence. Deputies searched the area and located a second
residence with the front door kicked in. The investigation is ongoing.
8:45 AM -- The Business District Officer arrested Oscar Rosas, 30, and Mario Lopez, 30, both of Cathedral City for
embezzlement at a business in the 78900 block of Hwy 111. The subjects were employed by an independent cleaning
company to clean after hours and were caught stealing merchandise via the store's surveillance cameras. Further
investigation revealed Rosas and Lopez were involved in identity theft. Rosas and Lopez were transported and
booked at the Indio Jail for embezzlement.
12:03 PM -- Officers responded to Eisenhower Medical Center in Rancho Mirage and spoke with a victim of domestic
abuse. The victim stated she was arguing with her boyfriend, Terry Laren Moseley, 49, of La Quinta on Saturday
04/09/11. The arguing escalated to the point that Moseley assaulted the victim which caused physical injuries.
Officers were unable to locate Moseley.
12:30 PM — Officers were advised of a suicide threat in the 52900 block of Avenida Rubio. Officers contacted the
®suicidal subject, who has a long history of mental illness, and transported him to JFK for an okay to book prior to
arriving at Oasis Mental Health for treatment.
224
10:45 PM — Officers responded to the 43100 block of Palm Royal Dr. regarding a disturbance. Kyle Moran, 22, of La
®Quinta was arrested for public intoxication and booked into the Indio Jail.
11:05 PM -- Officers responded to the Main Street Grill and arrested Jason Alan Rainwater, 36, of La Quinta for
violation of a temporary restraining order.
Wednesday. April 13, 2011
9:50 AM -- Officers responded to the 77900 block of Avenida Bermudas in reference to a disturbance. Upon arrival,
officers located Julio Rendon, 18, asking customers for money and refusing to leave the location. Rendon was taken
into custody for the third time in two weeks.
Thursday. April 14, 2011
1:29 PM — Officers arrested Terry Mosley, 49, of La Quinta for domestic violence. Mosley was the suspect in a
domestic violence case previously reported on Tuesday (041211). Officers made follow-up contact at the residence
and located Mosley and placed him under arrest for Domestic Violence and booked him into the Indio Jail.
Friday, April 15, 2011
8:54 PM — Officers responded to a report of an armed robbery in the 79200 block of Highway 111. The victim was
flagged down by two male adults who brandished a weapon and demanded money. The victim was not injured and
his vehicle was not stolen. See update below.
Saturday. April 16, 2011
7:02 AM -- Officers responded to the 79200 block of Hwy 111 in reference to a commercial burglary. Investigation
® revealed an unknown subject(s) shattered a glass door located on the east side of the business.
8:00 AM -- The La Quinta Special Enforcement team and Indio Station Investigations Unit served a search warrant in
the 81000 block of Avenida Davina, in the unincorporated area of Indio. The search stemmed from an armed robbery
Friday night. Officers contacted Ramon Collins, 42, Melissa Yanez, 31, and Anthony Palamino, 39, all of Indio inside
the residence. During this investigation property was located related to the robbery. Collins was arrested for the
armed robbery and a felony warrant. Palamino was arrested for a parole violation warrant, and Yanez was arrested for
narcotic violation warrant. All were booked into the Indio Jail.
12:15 PM -- Officers responded to the 79200 block of Hwy I I I and arrested Veronica Salcido, 23, of Indio for
commercial burglary and violation of probation. Salcido was booked into the Indio Jail.
5:00 PM -- Officers arrested Eduardo Montano Jr., 31, of La Quinta, for battery in the 52900 block of Avenida
Ramirez after he assaulted his brother. Montano was booked into the Indio Jail.
Sunday, April 17, 2011
11:42 AM -- Officers investigated a report of a domestic disturbance in the 53800 block of Avenida Cortez.
Margarito Barboza had physically assaulted his girlfriend and had threatened the victim if she called the police.
Barboza had left the area and could not be located. An Emergency Protective Order was obtained.
12:18 PM -- Officers responded to Washington Street and Hwy I I I regarding an intoxicated subject. Daniel Maria,
51, of Yucca Valley was arrested for public intoxication. Marin was booked into the Indio Jail after receiving medical
clearance.
4:20 PM -- Officers responded to Miles Avenue and Adams Street in reference to a hit and run traffic collision.
Officers found the license plate to the suspect vehicle at the scene and contacted the registered owner at his residence
in Thousand Palms. Andrew Ochoa, 44, of Thousand Palms was arrested for driving under the influence and for the hit
0
and run traffic collision. Ochoa was transported and booked into the Indio Jail
®Monday, April 18, 2011
6:00 AM —Officers responded the 51000 block of Calle Quito reference the report of a man down. Jeffrey Alan
Hewitt, age 22 of Yucaipa was found sleeping and in possession of narcotics. He was arrested and booked at the Indio
Jail.
Tuesday, April 19, 2011
No Significant Activity
Wednesday. April 20, 2011
8:30 PM- Officers responded to an armed robbery at Surf City Squeeze located in the 79400 block of Highway 111.
The suspect entered the business, displayed a gun, and demanded money from the register. The suspect directed the
employee and customer to the store's bathroom where he ordered them to stay. The suspect fled the store in an
unknown direction of travel with an undisclosed amount of money.
Thursday, April 21, 2011
10:00 AM- School Resource Officers arrested a student at Summit High School for possession of Ecstasy and
Marijuana. He was booked at Indio Juvenile Hall.
Friday, April 22, 2011
12:39 PM- Officers received information of past sexual abuse at a residence in the 52000 block of Avenida Mendoza.
The victim's father is accused of sexually abusing the victim over a 10 year period. The investigation is continuing.
5:05 PM- Officers responded to a traffic collision at Corporate Centre Drive and Adams Street. The investigation
revealed the driver parked along the curb of Corporate Centre Drive and after exiting, the vehicle began to roll. The
driver attempted to re-enter and stop the vehicle, but was run over when she fell. The driver sustained moderate
injuries and was transported to a hospital for treatment.
9:31 PM- Officers conducted a traffic enforcement stop at Calle Sonora and Avenida Diaz and arrested Antonio
Jimenez, age 19 of La Quinta for possession of methamphetamine. He was booked at Indio Jail.
Saturday, April 23, 2011
7:30 AM - Hours -Officers responded to a domestic disturbance in the 51700 block of Avenida Diaz. Joshua Edward
Leed, age 33 of La Quinta was arrested for felony spousal abuse and booked at Indio Jail.
1:30 PM - Officers arrested Veronica Felix, age 28 of Coachella for burglary at Home Depot located in the 79900
block of Highway 111. He was booked at Indio Jail.
7:00 PM - Officers responded to a residence in the 54500 block of Avenida Velasco reference an explosion. The
investigation revealed a 16 year -old juvenile exploded three acid bombs in the area. Nobody was injured and there was
no property damaged. The juvenile was released to the custody of his parents and charges will be filed with the
District Attorney's Office.
8:30 PM - Officers responded to a hit and run collision in the area of Eisenhower and Sinaloa. Teolfilo Flores, age 36
of Coachella was arrested for hit and run and driving under the influence of alcohol. He was booked at Indio Jail.
Sunday, April 24, 2011
02:34 AM - Officers responded to a disturbance in the 52800 block of Avenida Mendoza. Cody Justin Menini age 23
of Indio was arrested for public intoxication and booked at Indio Jail.
®Monday, April 25, 2011
8:00 AM — Officers were dispatched to the 52400 block of Avenida Alvarado to keep the peace between a 28 year old
female and her ex -boyfriend, Fernando Tones, 31. Officers learned Torres was in violation of a court order and he
was arrested and booked into the Indio Jail.
8:09 AM — Officers responded to the 78800 block of Nolan Court regarding an unattended death. A female adult, 87,
was found unresponsive by her caretakers at an assisted living facility. No foul play is suspected.
8:15 AM — Patrol Officers responded to a report of a suicidal subject in the 53700 block of Avenida Martinez. An
adult male, 32, of La Quinta had expressed his desire to harm himself. Deemed a danger to himself, he was transported
to the Oasis Mental Health Clinic for evaluation.
9:23 PM — Receiving a report of an armed robbery, officers responded to the 79200 block of Camino Rosada. The
two victims were standing outside their residence when two male adults approached them and brandished a handgun.
The victims were robbed of a small amount of cash and a baseball cap.
Tuesday, April 26, 2011
12:37 AM — Responding to a non -injury traffic collision in the 51300 block of Eisenhower Dr., officers were informed
by witnesses that the driver fled from the scene on foot. The registered owner of the vehicle arrived and stated that
Travis Chase Tryon, 18, of La Quinta had been driving the vehicle. Tryon was located at Shields Road in the city of
Indio. Tryon was arrested and booked for driving under the influence and hit and run.
7:04 PM -- Officers responded to the 79000 block of Highway 11 I regarding an intoxicated subject. Darryl Lewis,
® 52, of La Quinta was arrested for public intoxication.
Wednesday, April 27, 2011
7:00 PM — Acting on a Child Protective Service contact, officers responded to the 53300 block of Avenida Diaz.
Investigation revealed that Casey Edward Diggins, 37, of La Quinta had physically assaulted both his wife and his
minor son. Diggins was arrested for felony spousal abuse and corporal injury to a child.
Thursday, April 28, 2011
8:30 AM — Officers responded to the 78700 block of Hwy I I I regarding a report of a robbery. A male suspect
entered the store, brandished a firearm and demanded money. The suspect fled the location on foot.
8:10 PM -- Special Enforcement Team officers conducted a traffic stop at Avenida Velasco and Calle Chihuahua.
Jose Galvan, 19, of Cathedral City was arrested for possession of stolen property. Galvan was booked into the Indio
Jail.
Friday, April 29, 2011
1:08 AM -- Patrol officers' responded to the 52700 block of Eisenhower Dr. regarding a domestic battery. Israel
Alonso Gonzalez, 23, of Lal Quinta was arrested for domestic battery.
3:00 PM -- School Resource Officers conducted a pedestrian check of a male juvenile at Avenue 48 and Caleo Bay.
The juvenile was in possession of a half -ounce of marijuana. The juvenile was released to his parents.
04:45 PM — Officers co
Quinta was arrested for
i a pedestrian check on Main St. and Avenida Bermudas. Freddy Bambusch, 47, of La
intoxication.
vo. 221
®6:30 PM — Officers conducted a traffic stop on Avenida Bermudas and Avenue 52 and arrested Gerrit William
Dykstra, 21, of La Quinta for transportation of marijuana.
Saturday, April 30, 2011
2:27 AM —Officers investigated a report of an unattended death in the 53100 block of Avenida Villa. An adult
female, 53, of La Quinta was found deceased in bed. She had an extensive history of serious health concerns.
8:27 PM -- Officers responded to a report of a robbery in the 78700 block of Highway 111. An adult male entered a
business and demanded cash. The clerk complied and the suspect fled on foot. No weapon was seen and nobody was
injured.
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CITY OF LA QUINTA
Special Enforcement Team
Lieutenant Jason Husky
Sergeant Alan Northrup
Deputy Christian Bloomquist Deputy Jason Chancellor
Deputy Joshua Reinbolz Deputy Rick Dominguez
Deputy Jesus Borrego Deputy Stephan Davis
SUMMARY FOR THE MONTH OF APR]. 2011
Type of Activity
# of Incidents
Type of Activity
# of Incidents
Programs
3
Search Warrants
7
Vehicle Checks/Stops
166
Probation/ Parole Search
8
Pedestrian Checks
51
Arrest Warrants Served
19
Follow-ups
14
Arrest/Filing-Felony
16
Citations Issued
6
Arrests/Filing- Misdemeanor
17
The following is a summary of La Quinta SET's activities for the month of April:
Officers from the La Quinta Special Enforcement Team served a property related search
warrant in the 3 1 -100 block of Avenida La Gaviota, Cathedral City. Officers recovered a
rifle that was stolen during a vehicle burglary in 2004.
La Quinta SET served a property related search warrant in the 78-700 block of Bay Berry
Lane, La Quinta. The warrant stemmed from a garage burglary where a bicycle was
stolen. The stolen bicycle parts were recovered during the service of the search warrant.
Additional stolen property from thefts in Coachella and Palm Desert were also recovered.
The suspect was also found to be in possession of a small amount of methamphetamine.
He was arrested for possession of methamphetamine, possession of stolen property, and a
misdemeanor warrant.
La Quinta SET officers conducted follow-up of a robbery that occurred in the Best Buy
parking lot. Officers tracked the victim's stolen cell phone to the unincorporated area of
® Swingle Street and Helen. Additional information was gained leading officers to the
stolen phone and a residence where the suspect was hiding. With the assistance of Indio
1." 229
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CITY OF LA QUINTA
Traffic Services Team Report
April 2011
Traffic Services Team
Sgt. Crounse Cpl. Olson
Dep. Reynolds Dep. Wiggs C.S.O. Delaney
SIGNIFICANT ACTIVITY
The City of La Quinta has seen a decrease of 43% in collisions on public roadways for
the month of April (37 to 21). When all collision activity is counted, the residents and
visitors throughout our city have also seen an increase of II% for the year 2011, in
comparison to 2010. There has also been an increase of 10% in the number of Hit and
Run collisions for the current year when compared to last year.
® Public roadway collision activity continues to be greatest during the weekdays, with
Fridays accounting for 25 of the total activity. 46% of those collisions occur between the
afternoon hours of 12:00pm and 4:00 pm. Additionally, the leading cause of collisions,
Unsafe Speed, was the cause of 38% of all collision activity.
The City of La Quinta has seen an increase of 5 % in the number of injuries resulting
from collisions for the month of April (from 18 to 19). This data tends to indicate more
occupants are not wearing their seatbelts and the speeds of vehicles involved in collisions
are increasing.
Vehicles traveling at unsafe speeds are the primary collision factor for the City of La
Quinta. As a result, La Quinta Traffic Services focus their attention toward education
and enforcement of drivers who travel at unsafe speeds. Further, because of the increase
in occupant injuries, Traffic Services will focus on occupant restraint violations.
Since it takes a significant period of time to compile data, the monthly Traffic Collision
Statistics and Data Report contain only those reports which have been completed. Often
times collision investigations require further follow up and are forwarded to the La
Quinta Traffic Team. Traffic Services dedicates their time to conducting proactive
enforcement while also following up on investigative leads. As a result, some
investigations are pending and current collision data is not complete.
® In keeping with all developing trends, traffic services constantly shifts its focus to meet
the leading causes of collisions within the city.
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CITY OF LA QUINTA
Business District Deputy Report
April 2011
Deputy William Fiebig
SUMMARY OF ACTIVITY
Business Management Contacts 27
Investigations 17
Suspects Arrested / Charged 12
SIGNIFICANT ACTIVITY
I worked a graffiti vandalism incident involving spray -paint at a local business plaza.
SRO Deputy Smith was able to recognize the suspect on unrelated charges after the
® notebook the suspect was carrying in class contained the same "moniker" symbols as the
photos from my investigation.
I arrested a subject for trespassing after repeatedly sleeping in the stairway to local
business plaza. The subject was previously warned to stop this activity but did not
comply.
I arrested a subject for entering a local retail store and steal various toys. The suspect was
identified as a Moreno Valley resident. Charges are being filed and a search warrant is
pending.
I arrested two suspects who were store employees for embezzlement after they were
stealing merchandise at a local retail store. Criminal charges have been filed.
I am investigating a series of liquor thefts from a local retail store. I was able to identify
the suspect vehicle in this incident. I also identified the suspect who was identified in a
photo line-up. Commercial burglary charges are being filed.
I arrested a suspect for stealing merchandise from a local retail store. The merchandise
consisted of clothing and miscellaneous health and beauty items. Criminal charges were
filed.
® I am investigating a check forgery incident after the victim's check book was stolen from
his vehicle. The suspect was identified after using their preferred savings card along with
the stolen checks. Criminal charges are being filed.
.. 231
I arrested a subject outside a local business for public intoxication. The suspect was
sleeping and passed out inside the business due to their intoxication.
I am conducting an identity theft and check forgery case involving a subject who stole
someone's identity and made purchases using forged checks in the victim's name
throughout the La Quinta Business District and other areas in the county. The
investigation is continuing at the Cabazon Sheriffs Station.
I conducted a follow-up investigation involving a theft from local retail stores. I
identified the suspect and an accomplice who stole expensive colognes, concealed them
inside a pillow, then only purchased the pillow and not the colognes concealed inside the
pillow filler. The suspects would then return the pillow for a refund.
I assisted in the apprehension of a suspect stealing mail from local businesses and
residences in La Quinta. The suspect was arrested after the mail was recovered on his
person after being chased by police. The suspect was hiding in various backyards before
being apprehended. Further investigation revealed the suspect was under the influence
and in possession of drugs.
I identified a suspect who repeatedly stole various electronics merchandise from a local
retail store. Criminal charges are being filed against the suspect.
® During a series of recent routine business property checks, I observed several individuals
at any given time loitering behind the business after hours. All subjects have been
documented in "Field -Interview" contact cards.
BUSINESS/COMMUNITY EVENTS
I attended the Mayor's luncheon where I was able to network with local businesses and
make several business contacts.
I attended three crime prevention meetings with CSO Curia at various locations
throughout La Quinta. The purpose of these meetings was to inform local businesses on
crime trends and how to deter from being a victim of crime. During these meetings I
presented a fraud detection power -point presentation.
BUSINESS COMMUNITY SPECIAL PROJECTS
I am assisting CSO Curia with additional upcoming business crime prevention meetings
in La Quinta for local businesses.
I am developing a practical exercise scenario for local businesses to test their observation
skills in a mock crime. During this scenario local business participants will have a chance
® to provide suspect descriptions and practice required protocol to not only assist with
identifying the suspect but proper notifications to law enforcement.
232
CITY OF LA QUINTA
Business District Community Service Officer
April 2011
C.S.O. Philip Curia
SIGNIFICANT ACTIVITY
I contacted fifteen business centers, representing over one hundred and eighty businesses,
located along the Highway I I I business corridor in an attempt to establish a Business
Watch program.
® I will coordinate three meetings per year for each of the business centers to discuss ways
to prevent and deter crime in the business community. I facilitated the first business
meeting on April 20s' with a near perfect attendance from the businesses located in the
Komar Properties business center. Central to each meeting is the opportunity for each
participant to discuss their particular needs and feelings related to crime prevention.
I enlisted the cooperative support of Community Service Officer Fowler to explain the
elements of the Crime Prevention Trianele and Business District Officer Fiebig to
address the topic of Detecting Counterfeit Currency.
I provided each participant with a packet containing vital telephone numbers, crime
prevention flyers and general information related to crime prevention issues related to the
business community.
In addition, I presented a statistical summary of criminal activity as reported along the
Highway 111 Business corridor for the first quarter of 2011.
U
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CITY OF LA QUINTA
School Resource Officer
April 2011
Officer D. Alexander
La Quinta Middle School Franklin Elementary School
Truman Elementary School Adams Elementary School
Sumn¢ary ofActivity
Type of Activity
Number of Incidents
Reports
g
Arrests
9
District Aftomey Filings
5
Y.A.T. Referrals
5
Follow-up Investigations
3
Vehicle Checks
6
Public Assist
20
Pedestrian Checks
1 I
Home Visits
I
SIGNIFICANT ACTIVITY
La Quinta Middle School
Arrested 9 Juveniles in the month of April for the following crimes; Assault with a Deadly Weapon,
Theft, Vandalism and Fighting.
John Adams Elementary School
No significant issues noted.
Benjamin Franklin Elementary School
No significant issues noted.
Harry Truman Elementary School
I continue to conduct traffic control before and after school in an attempt to alleviate the traffic
40 congestion in front of the school as well as on Park Avenue north of Avenue 50.
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u
CITY OF LA QUINTA
School Resource Officer Report
April 2011
Officer C. Trueblood
Summit High School Paige Middle School Horizon School
Summary of Activitv
Type Of Activity
Number of Incidents
Criminal Reports
5
Arrests
5
YAT Referrals
4
D.A. Filings
1
Home Visits
2
Pedestrian Checks
3
Vehicle Check
4
Area Checks
5
Citations
3
Follow-up Investigations
1
Public Assists
4
SIGNIFICANT ACTIVITY
On April 15`�, 2011, 1 responded to an area near La Quinta High School to assist
Deputy Smith in locating two male juveniles seen stealing bicycles from Earhart
Elementary school. Officers formed a perimeter and we were able to locate the
two males; one being a juvenile visiting from Blythe and the other an adult male
from Palm Desert. The males were turned over to Indio Police Department for
criminal prosecution and both bicycles were recovered.
On April 215`, 2011, 1 received information from school security reference a male
student detained in the restrooms for possibly being in possession of marijuana.
A search was conducted and Marijuana and ecstasy were recovered from his
person. The male was booked at juvenile hall and charges are pending with the
District Attorney's Office.
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11
Officer R. Smith
La Quinta High School
CITY OF LA QUINTA
School Resource Officer Report
April 2011
Summary of Activity
Type of Activity
Number of
Incidents
Criminal Reports
8
Arrests
7
Home Visits
2
City Park Checks
13
Vehicle Checks / Pedestrian Checks
9 / 27
Y.A.T. Filings
6
County Citations
4
Public Assist
12
Investigations Follow-up
7
District Attorney Filings
1
SIGNIFICANT ACTIVITY
On April 29t' I observed a student walking into the school office with graffiti written on
his backpack. I advised security personnel who made contact with the student and they
received consent from the student to search his backpack. In the course of examining the
backpack, security personnel located a white paint pen, a lighter, a slap tag, and
numerous examples of graffiti drawn inside of his school notebook. The examples of
graffiti found in the notebook matched graffiti that had been located in various
classrooms and bathrooms at the high school over a period of approximately one month.
I interviewed the student and he admitted he had tagged all of the places we had located
graffiti. He stated he had recently moved here from San Bernardino where he had been
arrested twice for vandalism and he was pending probation from those cases. I arrested
the male for six counts of misdemeanor vandalism at the high school.
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CITY OF LA QUINTA
Community Service Officer Report
April 2011
Patrol C.S.O. Artesia Diaz
Patrol C.S.O. Melinda Verdugo
Traffic Services C.S.O. Bridget Delaney
Business District C.S.O. Philip Curia
Summary of Activitv
Type of Activi
Number of Incidents
Bur lary Investigations
9
Grand Theft Reports
2
PettyTheft Reports
9
Vandalism/Malicious Mischief Reports
7
Traffic Collision Response
28
Vehicle Code or Parking Citations
11
Abandoned Vehicles TaggedANarning
1
Towed Vehicles
3
Lost or Found Property Reports
4
Stolen Vehicle Report
0
Custodial / Non -Custodial Transport
20
Miscellaneous Calls
90
231
�.J
Danese Maldonado
Volunteer Coordinator
CITY OF LA QUINTA
Citizens On Patrol
Community Policing Office
Monthly Volunteer Report
April 2011
Summary of Activity
Community Policin Office
Number
Citizens On Patrol
Number
Monthly Volunteer Hours
156
Traffic Control / Collision
2
Hours Y.T.D.
470
Business Checks
133
Hours 4/03 to Present
20,494
Community Events
2
CPO Monthly Visits
113
Courtesv Notifications
2
CPO Y.T.D. Visits
323
Miscellaneous
0
CPO Visits 4/03 to Present
17,604
Neighborhood Patrol
69
Vacation Checks
67
Patrol Hours
153
Y.T.D. Patrol Hours
326
Hours 7/06 to Present
6,497
CA rate for value received for volunteers is $16.24 - 2010 totals to May = $16,264 savings.
Total savings since 2003 = $379,431.
CA rate for value received changed and is now $23.29. Totals since January 2011 = $24,780.00
Total savings since 2003 = $465,734.00
Fourteen volunteers were recognized for their commitment and service as they were awarded
Presidential Service Awards based on their donated hours of service. Twelve team members
received bronze awards for service of 100 to 400 hours of service. One team member was
recognized with a silver award for service of 401 to 800 hours of service. Also, for the first
time in the history of the volunteer program, one team member received the highest award --
the gold award-- for over 801 hours of service.
We currently have 12 active office volunteers who staff and maintain the Community
Policing Office in Old Town. These volunteers do a variety of data entry functions as well
as assisting community members who enter the office.
We currently have 10 Citizen on Patrol volunteers serving our community. The Citizens On
Patrol team members provided significant logistical support in preparation for the Coachella
Music Festival.
,.,..': 238
Department Report:
11
LA'
P,@LICE
Ul 'TA
Served by the PJverside County Sherifs Deperbierrt
Crime Statistics Summary
March -- 2011
Prepared for
239
u
9
10
11
12
13
1
CITY OF LA QUINTA
Crime Comparison -- March
CRIME March March YTD 2011 YTD 2010
2011 2010
AGGRAVATED ASSAULTS
3
4
11
11
BURGLARY
41
45
121
125
BURGLARY - VEHICLE
26
24
68
54
DOMESTIC VIOLENCE
14
25
46
56
HOMICIDE
0
0
0
1
NARCOTICS VIOLATIONS
22
15
66
61
ROBBERY
2
4
12
4
ROBBERY -CAR JACKING
0
0
0
0
SEX CRIME FELONY
3
4
6
11
SEX CRIME MISDEMEANOR
1
0
2
1
SIMPLE ASSAULTS
11
5
23
20
THEFT
67
82
164
195
VEHICLE THEFT
4
7
9
20
CITY OF LA QUINTA
Average Response Time
March 2011
TYPE OF CALL
RESPONSE TIME (MINUTES)
NUMBER OF INCIDENTS
EMERGENCY
2.2
1
ROUTINE
8.68
1,262
' Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report.
Ll
240
0
U
r1
7"
Crime Distribution Table
Mar-11
% of Total
Mar-10
% of Total
1
AGGRAVATED ASSAULTS
3
1.55%
4
1.86%
2
BURGLARY
41
21.13%
45
20.93%
3
BURGLARY - VEHICLE
26
13.40%
24
11.16%
4
DOMESTIC VIOLENCE
14
7.22%
25
11.63%
5
HOMICIDE
0
0.00%
0
0.00%
6
NARCOTICS VIOLATIONS
22
11.34%
15
6.98%
7
ROBBERY
2
1.03%
4
1.86%
8
ROBBERY - CAR JACKING
0
0.00%
0
0.00%
9
SEX CRIME FELONY
3
1.55%
4
1.86%
10
SEX CRIME MISDEMEANOR
1
0.52%
0
0.00%
11
SIMPLE ASSAULTS
11
5.67%
5
2.33%
12
THEFT
67
34.54%
82
38.14%
13
VEHICLE THEFT
4
2.06%
7
3.26%
Total
194
98.45%
215
98.14%
CITY OF LA QUINTA
March 2011 Crime Distribution
80
67
70
60
50
4
40
26
30
22
20
10
--3
--
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t
4
0
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ti
241
r
U
2
Month to Month Crime Comparison
MARCH
90
so
6 .1
70
60
0 Mad 2011
50
40
Cl Mamh 2010
10
20
10
r
JII0
00
i
2
00 3-
7
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n:
mT
r
�m
m
1m
2
h
pm
m
o
a
250
200
150
100
50
0
Year to Date Crime Comparison
MARCH
195
1-A
12125
J
68
6661
1111
-
W56
01
124 il
00
611
21
2320
p
20
9
�m
n
Om
0 YTD 2011
0 YTD 2010
'1 11 L 4
0
Month to Month Calls for Service Comparison
March 2011
El Mar-11
o Mar-10
3,000 2,425
2,500
2,000 1,335 - 1,370
1,600 1,
1,000
500
0
Total Non -Criminal Criminal
Year to Date Calls for Service Comparison
® YTD 2011
O YTD 2010
10,000
7,998 w
8, 000
6, 000
�; 4, 241
4, 000 3 424 3 494
V-0
2,000
0
Total Non -Criminal Criminal
11
243
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: May 17, 2011 CONSENT CALENDAR:
ITEM TITLE: Public Hearing to Adopt a Resolution STUDY SESSION:
Confirming the Diagram and Assessments for Fiscal
Year 201 1-2012 Landscape and Lighting Assessment PUBLIC HEARING:
District 89-1
RECOMMENDATION:
Adopt a resolution of the City Council confirming the diagram and assessments for
Fiscal Year 2011-2012 Landscape and Lighting Assessment District 89-1, pursuant
to the Engineer's Report (Attachment 1).
FISCAL IMPLICATIONS:
Adoption of the resolution is required in order to levy the annual assessment for the
District. The estimated total cost for Fiscal Year 2011-2012 is $1,578,009 for
maintenance of landscape and lighting, medians, and parkways within the public
right-of-way. The estimated assessment levy for the landscape and lighting portion
is $964,219. An estimated $253,000 will be collected from County Service Area
(CSA) 152 assessments for stormwater facilities bringing the total right-of-way
deficit to $360,790. Park maintenance costs have been separated from the District
costs within the Engineer's Report for the district. The parks maintenance cost is
estimated to be an additional $1,563,944 for Fiscal Year 2011-2012 bringing the
total deficit for right-of-way and parks maintenance to $1,924,734. Staff proposes
that this amount be funded through a General Fund contribution of $1,924,734 in
Fiscal Year 201 1-2012.
CHARTER CITY IMPLICATIONS:
None.
244
BACKGROUND AND OVERVIEW:
On April 19, 2011, the City Council adopted the following resolutions:
• Resolution No. 2011-029, approving the Preliminary Engineer's Report for Fiscal
Year 2011-2012 in connection with Landscape and Lighting Assessment District
89-1.
• Resolution No. 2011-030, declaring intention to levy annual assessments for
construction, maintenance, and servicing landscape and lighting improvements
within the boundaries of the territory included in the citywide Landscape and
Lighting Assessment district 89-1, and giving notice thereof.
The engineer's report is required by the Landscape and Lighting Act of 1972 and
must include the following information:
1 . A description of the services to be provided throughout the district;
2. Total costs necessary to provide all services described in the Engineer's
Report;
3. A diagram showing the boundaries of the district, including special benefit
zones; and
4. An assessment schedule.
The April 19, 2011 engineer's report and parcel reconciliation, prepared by Willdan
Financial, provided the preliminary information for the Landscape and Lighting
District 89-1 for Fiscal Year 2011-2012. The final engineer's report and parcel
reconciliation is attached.
The engineer's report projects the following for Fiscal Year 2011-2012 in
comparison to the Fiscal Year 2010-2011 engineer's report:
FY 2010-201 1 FY 201 1-2012
Citywide Benefit Zone Yes Yes
Number of Local Benefit Zones 6 6
Number of Equivalent Dwelling Units (EDU's) 27,116 27,085
EDU Rate $35.60/EDU $35.60/EDU
District Revenue $965,330 $964,219
The actual assessment per equivalent dwelling unit (EDU) has not changed from the
previous year. The engineer's report was completed in accordance with provisions
set forth by Proposition 218, which was passed by the voters during the November
1996 election.
1.111, 245
The estimated Fiscal Year 2011-2012 district exempt cost (City landscape
maintenance cost within the right-of-way) is $1,578,009. Based on this estimate,
the citywide benefit assessment for right-of-way maintenance would be
$58.27/EDU. The current assessment is $35.60. Proposition 218 does not allow
for assessment increases unless approved by a simple majority in a public vote.
Balloting to raise the assessment can be initiated by the City Council at any time.
The purpose of this public meeting/hearing is to allow affected property owners an
opportunity to ask questions of the City Council and staff regarding the district and
to provide public testimony regarding any proposed changes. No changes are
proposed at this time. Only after the public meeting/hearing has been conducted
can the City Council adopt assessment fees for Fiscal Year 2011-2012.
Should the City Council receive testimony from the public through the end of the
public meeting/hearing that warrants a change to the assessment level, the City
Council can only lower the assessment levels without conducting a public vote. A
reduction in the assessment level will impact the revenues necessary to fund the
proposed Landscape and Lighting operational budget for Fiscal Year 201 1-2012. If
service levels are not adjusted accordingly, the General Fund would be required to
make up the difference between the reduced revenue level and the proposed
Landscape and Lighting operational budget.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
Adopt a resolution of the City Council confirming the diagram and
assessments for Fiscal Year 2011-2012 Landscape and Lighting Assessment
District 89-1, pursuant to the engineer's report; or
Direct staff to adjust the engineer's report to reflect any changes approved
by the City Council upon the conclusion of the public meeting/hearing.
Should the City Council direct amendments to the engineer's report, an
amended engineer's report and the impacts of the amendments will be
submitted to the City Council for approval at the June 21, 2011 City Council
meeting. Upon approval, the City Council will adopt a resolution confirming
the assessment diagram and assessments for Fiscal Year 2011-2012,
pursuant to the modified engineer's report. Any reduction in the assessment
will result in a reduction of Landscape and Lighting District revenues available
for Fiscal Year 201 1-2012, requiring one or a combination of the following:
• Supplement Fiscal Year 2011-2012 revenues with other fund sources,
such as the general fund; and/or
246
• Reduce services to reflect the reduced revenue levels; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. ass P.E.
Public Works ire /City Engineer
Approved for submission by:
l
Thomas P. Genovese, City Manager
Attachment: 1. Engineer's Annual Levy Report
247
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, CONFIRMING
THE DIAGRAM AND ASSESSMENTS FOR FISCAL
YEAR 2011-2012 LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 (PURSUANT TO
THE LANDSCAPE AND LIGHTING ACT OF 1972)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of
1972, the City Council directed the City Engineer to prepare and file an annual
report for Fiscal Year 201 1-2012.
SECTION 2. The City Engineer filed an annual report on April 19, 2011, and
the City Council adopted a Resolution of Intention to Levy and Collect Assessments
within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2011-2012
and set a Public Meeting/Hearing date of May 17, 2011 at the La Quinta City
Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the
Public Meeting/Hearing was given in the time and manner required by law.
SECTION 3. On May 17, 2011, a Public Meeting/Hearing for which notice
was given, was conducted at which every interested person was given an
opportunity to object to the proposed assessment in writing or orally, and the City
Council has considered each protest.
SECTION 5. On May 17, 2011, the City Council found that written protests
against the proposed assessment had not been made by owners representing more
than one-half of the area of the land to be assessed.
SECTION 6. The City Council hereby confirms the diagram and assessment
as set forth in the annual report of the Engineer of Work and hereby levies the
assessment set forth for Fiscal Year 2011-2012.
248
Resolution No. 2011-
Landscape and Lighting Assessment District 89-1
Adopted: May 17, 2011
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 17" day of May 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CIVIC, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
249
ENGINEER'S REPORT AFFIDAVIT
CITY OF LA QUINTA
Street Lighting and Landscape District No. 89-1
Riverside County, State of California
This Report and the enclosed diagrams show the exterior boundaries of the District as
they existed at the time of the passage of the Resolution of Intention. Reference is
hereby made to the Riverside County Assessor's maps for a detailed description of the
lines and dimensions of parcels within the District. The undersigned respectfully submits
the enclosed Report as directed by the City Council.
Dated this day of 2011.
Willdan Financial Services
Assessment Engineer _
On Behalf of the City of La Quinta
By:
Adina Vazquez
Senior Project Manager, District Administration Services
WILLDAN
FinamWSeMces
ENGINEER'S REPORT
CITY OF LA QUINTA
STREET LIGHTING AND LANDSCAPE
DISTRICT NO. 89-1
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment
Roll thereto attached was filed with me on the day of
2011.
BY: Veronica J. Montecino, CMC, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment
Roll thereto attached, was approved and confirmed by the City Council of the City of La '
Quinta, California, on the day of 2011.
BY: Veronica J. Montecino, CMC, City Clerk
City of La Quinta
Riverside County, California
WILLDAN J
Fi mncisl Serves
TABLE OF CONTENTS
1. OVERVIEW
1
A. INTRODUCTION
1
B. HISTORICAL BACKGROUND AND LEGISLATION
1
II. DESCRIPTION OF THE DISTRICT
2
A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT 2
B. IMPROVEMENTS WITHIN THE DISTRICT
2
Ill. METHOD OF APPORTIONMENT
3
A. GENERAL
3
B. BENEFIT ANALYSIS
3
C. METHODOLOGY
5
IV. DISTRICT BUDGETS
8
A. DESCRIPTION OF BUDGET ITEMS
8
B. 2011/2012 DISTRICT BUDGET.
9
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
12
APPENDIX B - 2611/2012 COLLECTION ROLL
13
WILLDAN
Financial sevices
/. OVERVIEW
A. INTRODUCTION
The City of La Quinta (the "City") annually levies and collects special
assessments in order to provide and maintain the facilities, improvements and
services within Street Lighfing and Landscape District No. 89-1 (the "District").
The District was formed in 1989 pursuant to the Landscaping and Lighting Act of
1972 (the "1972 Acf), Part 2 of Division 15 of the Streets and Highways Code
and authorizes the Agency to annually levy and collect assessments to maintain
the services and improvements related thereto.
This Engineer's Annual Levy Report (the "ReporP) describes the District, any
changes to the District, and the proposed assessments for Fiscal Year
2011/2012. The 'proposed assessments are based on the estimated cost to
maintain improvements that provide special benefit to properties assessed within
the District. The various improvements within the District and the costs of those
improvements are identified and budgeted separately, including expenditures,
deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes
of this Report, refers to an individual property assigned its own Assessor Parcel
Number ("APN") by the Riverside County Assessors Office. The Riverside
County Auditor/Controller uses Assessor Parcel Numbers and specific fund
numbers on the tax roll to identify properties assessed for special district benefit
assessments. Each parcel within the District is assessed proportionately for
those improvements provided by the District and from which the parcel receives
special benefit.
Following consideration of public .comments; written protests at a noticed public
hearing and review of the Report, the City Council may order amendments to the
Report or confirm the Report as submitted. Following final approval of the Report,
and confirmation of the assessments, the Council may order the levy and
collection of assessments for Fiscal Year 2011/2012 pursuant to the 1972 Act. In
such case, the assessment information will be submitted to the County
Auditor/Controller, and included on the property tax roll for each benefiting parcel
for Fiscal Year 2011/2012.
B. HISTORICAL BACKGROUND AND LEGISLATION
The .�cmeQmont� fnr tha rltetriat nrovirie a special benefit to the parcels
W[LLDAN I
Fuiardal Services
This District was formed pursuant to the 1972 Act, which permits the
establishment of assessment districts by cities for the purpose of providing for
the maintenance of certain public improvements, which include the facilities
existing within the District, as those improvements provide a special benefit to
parcels.
The City Council reviews the current and projected years' costs for the
construction, .operation, maintenance, and servicing of the District facilities and
sets the assessment for the ensuing fiscal year, which runs between July 1,and
June 30.
A DESCRIPTION OF THE DISTRICT
A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT
.The boundaries of the District are coterminous with the boundaries of the City.
The Diagram of the District showing the exterior boundaries has been submitted
to the City Clerk at the City and is included by reference.
B. IMPROVEMENTS WITHIN THE DISTRICT
The District improvements are the operation, servicing and maintenance of
landscaping, lighting and appurtenant facilities, including, but not limited to,
personnel, electrical energy, water, materials, contracting services, and other
items necessary for the satisfactory operation of these services described as
follows:
• Landscaping and Appurtenant Facilities include, but are not limited to,
landscaping, planting, shrubbery, trees, irrigation systems, hardscapes,
fixtures, sidewalk maintenance and appurtenant facilities, located within
the public street rights -of -way, parkways, medians, trails, and dedicated
street, drainage or sidewalk easements within the boundary of the District. .
• Lighting and Appurtenant Facilities include, but are not limited to,
poles, fixtures, bulbs, conduits, equipment including guys, anchors; posts
and pedestals, metering devices, controllers and appurtenant facilities as
required to provide safety lighting and traffic signals within public street
rights -of -way and easements within the boundaries of the District.
WILLDAN
FinancW Berm"
• Maintenance is defined as the furnishing of services and materials for the
operation and usual maintenance, operation and servicing of the
landscaping, public lighting facilities and appurtenant facilities, including
repair, removal or replacement of landscaping, public lighting facilities, or
appurtenant facilities; providing for the life, growth, health and beauty of
the landscaping, including cultivation, irrigation, trimming, spraying,
fertilizing and treating for disease or injury; and the removal of trimmings,
rubbish, debris and other solid waste.
• Servicing is defined as the furnishing of water for the irrigation of the
landscaping and the fumishing of electric current or energy, gas or other
illuminating agent for the public lighting facilities, or for the lighting or
operation of landscaping or appurtenant facilities.
The plans and specifications for the improvements are on file in the office of the
City Engineer and are by reference made a part of this report.
I//. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for
the purpose of providing certain public improvements that include the
construction, maintenance and servicing of public lights, landscaping and
appurtenant facilities. The 1972 Act further ,requires that the cost of these
improvements be levied according to benefit rather than assessed value:
"The net amount to be assessed upon lands within an
assessment district may be apportioned by any formula or
method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the
improvements."
The formula used for calculating assessments in this District therefore reflects
the composition of the parcels, and the improvements and services provided, to
apportion the costs based on benefit to each parcel.
B. BENEFIT ANALYSIS
Properties within the District boundary are found to derive a special benefit from
the improvements provided by .the District. These properties include single family
residential;, non-residential, vacant residential and non-residential, golf courses,
2011/2012 - LLD 89.1 Page 3 of 13
WILLDAN I
T FinancW Services
agricultural and hillside conservation properties, vacant and remote non-
residential and rural and estate residential properties.
Special Benefits
The method of apportionment (method of assessment) is based on the premise
that each assessed parcel receives special benefit from the improvements
maintained and funded by the assessments, specifically, landscaping and lighting
improvements installed in connection with the development of these parcels. The
desirability of properties within the District is enhanced by the presence of well -
maintained parks, landscaping and lighting improvements in close proximity to
those properties.
The annual assessments outlined in this Report are based on the estimated
costs to provide necessary services, operation, administration, and maintenance
required to ensure the satisfactory condition and quality of each improvement.
The special benefits associated with the parks and landscaping improvements
are specifically:
• Enhanced desirability of properties through association with the
improvements.
• Improved aesthetic appeal of properties within the District providing a
positive representation of the area.
• Enhanced adaptation of the urban environment within the natural
environment from adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, and
dust and debris control.
• Increased sense of pride in ownership of property within the District
resulting from well -maintained improvements associated with the
properties.
• Reduced criminal activity and property -related crimes (especially
vandalism) against properties in the District through well -maintained
surroundings and amenities.
• Enhanced environmental quality of the parcels by moderating
temperatures, providing oxygenation and attenuating noise.
The special. benefits of street lighting are the convenience, safety, and security of
property, improvements, and goods, specifically:
• Enhanced deterrence of crime - an aid to police protection.
.: Increased nighttime safety on roads and.highways.
• Improved visibility.of pedestrians and motorists.
WILLDAN
` Financial service@
• Improved ingress and egress to and from property.
• Reduced vandalism, damage to improvements or property, and other
criminal acts.
• Improved traffic. circulation and reduced nighttime accidents and personal
property loss.
• Increased promotion of business during nighttime hours in the case of
commercial properties.
The preceding special benefits 'contribute to. a specific enhancement and
desirability of each of the assessed parcels within the District.
C. METHODOLOGY
Pursuant to the 1972 Act, the costs of the District may be apportioned by any
formula or method that distributes the net amount to be assessed among the
assessable parcels in proportion to the estimated special benefits to be received
by eachsuch parcel from the improvements. The special benefit formula used
within the District should reflect the composition of the parcels - and the
improvements and services provided therein - to apportion the costs based on
estimated special benefit to each parcel
The cost to provide maintenance and service of the improvements within the
District shall be equitably distributed among each assessable parcel based on
the estimated special benefit received by each parcel
Equivalent Dwelling Units
To equitably spread special benefit to each parcel, it is necessary to establish a
relationship between the various types of properties within the District and the
improvements that benefit those properties. Each parcel within the District is
assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use,
size and development, or development potential. Parcels that receive special
benefit from the various District improvements are proportionately assessed for
the cost of those improvements based on their calculated EDU. The EDU method
assessment for this District uses the Single Family Residential parcel as the
basic unit of assessment. A Single Family Residential (°SFR") parcel equals one
EDU. Every other land -use is assigned an EDU factor based on an assessment
formula that equates the property's specific and relative special benefits
compared to the Single Family Residential parcel
The EDU method of apportioning special benefits is typically seen as the most
appropriate and equitable assessment methodology for districts formed under the
WILLDAN
Finandal Services
provides a listing of land use types, the EDU factors applied to that land use and
the multiplying factor used to calculate each parcel's individual EDU for each
improvement provided in the District.
During the formation of the District, a methodology was developed to calculate
the EDUs for other residential and non-residential land use parcels, which are
outlined below for reference. Every land use is assigned EDUs based on the
assessment formula approved for the District. Parcels which have been
determined to receive greater benefit than the SFR parcel are assigned more
than 1 EDU and parcels that are determined to receive lesser benefit than SFR
parcels are assigned less than 1 EDU as reflected in the Assessment
Methodology.
icempt'Parcels
$irigle Family Residential Parcels
1.t) per umt. .
Non -Residential Parcels
5.0 per acre; '1.0 rrllnimum
scant Residential Parcels
0.33 per unit
vacant Non -Residential Parcels
1.65 per acre for first 20 acres only ,
Golf Course Parcels;
0.50 per acre;1.0 minimum
Agricultural Parcels '
0.25 per acre; 1.Q;minimum
Hillside ConservatiJi : Zone Parcels
0.10 per acre
scant &Remote Parcels
0.825 per acre for first 20 acres only
RuraVEstate Residential
1.0 + 0.33 per acre to excess 1 acre
Single -Family Residential
The City's General Plan allows up to one acre of area for subdivided residential
lots. The subdivided single family lot equal to or less than one acre in size is the
basic unit for calculation of the benefit assessments. Parcels less than one acre
in size zoned for single-family: residential use are assessed one (1) EDU.
Non -Residential
The factor used for converting nonresidential is based on the average number of
typical single-family residential lots of .five per acre. Therefore, non-residential
parcels will be assessed five (5) EDUs per acre with a minimum number per
parcel of one (1) EDU.
Vacant Residential
Parcels defined as single family residential parcels less than one acre and having
no structure will be assessed 33 percent (33%) of a single-family dwelling, or
0.33 EDU per parcel.
WILLDAN
Financial services
Vacant Non -Residential
Parcels not considered single family residential parcels less than one acre, and
having no structure will be assessed based on acreage. The typical development
in La Quinta occurs in increments of twenty (20) acres or less. The first twenty
(20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33
percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or
any portion of an acre. The minimum number of EDUs.per parcel is one (1) EDU.
Any parcel of land greater than twenty (20) acres is considered open space and
exempt from assessment until such time as parcel subdivision or development
occurs.
Golf Courses
Properties identified as golf courses will be assessed a rate of 10 percent (10%)
of the developed nonresidential properties, or 0.50 EDU per acre or any portion
of an acre. The minimum number per parcel is one (1) EDU.
Agricultural
Properties identified as agricultural will be assessed a rate of 5 percent (5%) of
developed nonresidential properties, or 0.25 EDU per acre or any. portion of an
acre. The minimum number per parcel is one (1) EDU.
Hillside Conservation
Parcels located in areas zoned Hillside Conservation per the City's Official
Zoning Map will be assessed on the basis of allowable development within the
Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per
ten (10) acres or 0.10 EDU per acre or any portion of an acre.
Vacant and Remote Non -Residential Parcels. (Annexation No. 9)
Parcels not considered single family residential parcels less than one (1) acre
and do not contain structures, will be assessed based on acreage. The City
defines Vacant and Remote Non -Residential as parcels physically separated
from City services and not readily able to develop due to difficult access and
utility limitations. The land values are typically one half the value of other Vacant
Non -Residential parcels because of the high cost of constructing appropriate
access and utility infrastructures necessary. The Vacant and Remote Non -
Residential parcels are assessed a rate of 0.825 EDUs per acre or portion
thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel.
Rural/Estate Residential
Parcels of one acre or more in size, but having only one residential unit are
identified as Rural/Estate Residential. These parcels will be assessed a rate of
one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion
of an: acre.
2011/2012 - LLD 89-1 . _ Page 7 & 13
260
WILLDAN I
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Exempt Property
Publicly owned property and utility rights -of -way are exempt from assessment, as
well as parcels of land shown on the County Assessor's records as Vacant
Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility
owned land.
This Report does not propose an increase in the District assessment rates for
Fiscal Year 2011/2012 over or above the maximum rate established. The
proposed rate per EDU for Fiscal Year 2011/2012 is the same rate assessed for
Fiscal Year 2010/2011. The base assessment rate to be approved for Fiscal
Year 2011/2012 is $35.60.
The maximum assessment rate per EDU may not increase without a vote of the
property owners in the District. Therefore, the assessment is proposed to remain at
the maximum amount of $35.60 per. EDU. This equates to total projected
assessment revenue of $964,219. The City proposes the remaining $2,177,734 be
funded through a General Fund contribution of $1,924,734 and $253,000 of revenue
from CSA 152.
/V DISTRICT BUDGETS
A.: DESCRIPTION OF BUDGET ITEMS
The 1972 Act requires that a special fund be established and maintained for the
revenues and expenditures of the District. Funds raised by assessment shall be
used only for the purposes as stated herein. A contribution to the District by the
City may be made to reduce assessments, as the City Council deems
appropriate. The following describes the services and costs that are funded
through the District, shown in the District Budgets.
District Costs
Personnel Reflects relevant City Staff salaries, wages and benefits, and
also includes Worker's Comp insurance, Stand -By, and Overtime labor.
'Contract Services — Includes contracted labor, such as the Riverside County
Tax Roll Administration Fees, maintenance and repair of traffic signals, tree
trimming, and security service.
Rental Services - Reflects funds used for the purpose of uniform rental.
Vehicle Operations —Includes the maintenance of fleet vehicles.
Utilities — Includes the electric, telephone, and water services.
2011/2012 _ LLD 89-1 Page 8.of 13 „
». 261
ILLDAN
A.�, wmaridal SServices . I
Travel Training & Meetings - Reflects the funds used for the purposes of
training and meetings.
Information Technology — Includes computers, printers, and other related
items and services.
Operating Supplies — This item includes plant replacement, safety gear, field
materials, and the materials used for the.purposes of removing graffiti.
Small Tools/Equipment — Includes non -capital small tools and equipment
District Administration — The cost for providing the coordination of District
services and operations, response to public concerns and education, as well
as procedures associated with the levy and collection of assessments: This
item also includes the costs of contracting with professionals to provide any
additional administrative, legal or engineering services specific to the District
including any required notices, mailings or property owner protest ballot
proceedings.
B. 2011/2012 DISTRICT BUDGET
For the purpose of estimating costs for the maintenance and servicing, actual
costs are used where possible. However, where the improvements. are new, or
where actual maintenance experience is lacking, cost estimates will be used to
determine costs. The Budget of estimated cost of operation, servicing, and
maintenance for Fiscal Year 2011/2012 is summarized on the next page in Table
1.
WILLDAN
Fnanciai services
Table 1
Fiscal Year 2011/2012 Budget
�.'$202.400
.Personnel :
.Salaries -Permanent Full Time
-
- $80,500
.3121,900
Other Benefits & Deductions
-rg0,550
-36,770
53,780
`
Stand By
Stand By Overtime-
-.:..
::
...
:-.
Overtime
Total Personnel
'. $292950
- -' 117,270
$175.680
Contract
Annual. Lighting & landscape Report
: $15,000
$15,000
Services ' `
Civic Center Campus Lake Maintenance
4.000
4,000
.Landscape Lighting Maintenance -
- 189,000
150,000
- 39,000
Riverside County Tax Roll Admin Fee
15,000
15,000
Citywide Maintenance Contract
1,017,840
639,360
378,480.
Undeveloped Parke PM10 Services
- 80:000
80,000
Maintenance&Repair- -
..I - 15,000
15,000
CVWDLesse-Pioneer Dog Park
:.
Tree Trimming
' 36,000
30,000
- 6,000.
Janitorial Services
28,000
28.000
Security Service - Corporation Yard
2,350
1.350
- " 1,000
Total Contract Services
$1402191
- $850710
-$551,481-
RentaLServices
Uniforms '
.$1,320
$1,320
- - - 0-
Total Rental Services
- $1,320-
1.320.
- $0
Vehicle - -
Facilities Charges
-.$1,098
Operations
- Fleet Maintenance
4,524
4,524
Facility &Equipment Depreciation
- 432,234
:
- 432,234
- Total Vehicle Operations
- $437 856
- $4,524
- - : $433 332
`utilities --�
Electric
$245,000
$149,000
- : $146,000-
Phone.
'800
400
400
Water -
362.000
- 240.000
- 122,000
Total Utilities
657800
$389,400
$268 00
:Travel Training &
$1,130
$530
- $600
Meetin s
Total Travel Training & Meetings
$1 130
- $530
$600
.Information
Computers Printers and Services
$9 053
$4 311
- $4,742
technology--
Total Information Teclinolow
$9,053
$4311
- $4742-
Operating ':
Supplies
Plant Replacement
Graffiti Removal ., -
$61.000
25,000.
$55,000
10,000
-400
- - $6,000
15,000
Safety Gear -
400
-
.Field Materials - -
110.000
- 60,000
50,000.
Total Operating Supplies
196 400
$125,400 -
- $71 OOD
,Small Tools /
Non -Ca IMal -. -
- $250
250
- - $0
;E ul ment
Total Small Tools/Emi menu
$250
- 250
0
Total Landscape & Li htin Budget
-$2 998 950
1 493 715
$1,505,235
-District -..
Public Works Administration
' $44,956
$44,966
- so
'Administration -.
Ci de Administra0on
- 98047
-39338
58709
Total District Administration
- - 143 003
$84,294
$58,709
Total Landscape& LiahttnA Expenditures
- $3141 953
'-- $1 578 009
1 583 944
'Less CSA 152 Revenue
-$253.000
'.
-Less General Fund Contribution
1,924, 734
Balance to Levy
Total EDU. _
�27,085
Law Per EDU -
-: ' $35.60
2011/2012
LLD 89-1 Page 10 of.13
263
WILLDAN
Finandai s
The following information was obtained from the Riverside County Assessor's Secured
Roil, Assessor's Parcel Maps, and the City's Planning Department. The land use
categories were developed to classify the different land use types in the City.
/IlifPfPnn. In the QAIPIII`P to 141 fln,.. In IMP fIfPVIf111C f.IM1IP aryl the I.nd IICA f.IARGifi,.Hnn nrl nn.eII IPW in H115 table Is due IO the Riverside
,WILLDAN
,WFinawlei Services
APPENDIX DISTRICT ASSESSMENT DIAGRAM
The Boundary Diagrams for the original districts have previously been submitted to the
Clerk of the City in the format required under the 1972 Act and are made part of this
Report by reference.
The parcel identification, lines and dimensions of each parcel within the District are
those lines and dimensions shown on the Assessor Maps of Riverside County for the
year in which this Report was prepared and is incorporated by reference and made part
of this Report.
2011/2012 LLD 89-1 - Page 12 of 13
265
WILLDAN
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APPENDIX B — 2011/2012 COLLECTION ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as
shown on the Riverside County Assessor Parcel Maps and/or the Riverside County
Secured Tax Roll for the year in which this Report is,prepared.
Non -assessable lots or parcels may Include government owned land; public utility
owned property, land principally encumbered with public right-of-ways oreasements
and dedicated common areas. These parcels will not be assessed.
A listing of parcels within the District, along with the proposed assessment amounts,
. has been submitted to the City Clerk and, by reference, is made part of this Report.
Upon approval of the Report and confirmation of the assessments, the assessment
information will be submitted to the County Auditor/Controller, and included on the
property tax roll in. Fiscal Year 2011/2012. If the parcels or APNs within the District and
referenced in this Report, are re -numbered, re -apportioned or changed by the County
Assessor's Office after approval of the Report, the new parcel or APNs with the
appropriate assessment amount will be submitted to the County Auditor/Controller. if
the parcel change made by the County includes a parcel split, parcel merger or tax
status change, the assessment amount submitted on the new parcels or APNs will be
based on the method of apportionment and levy amount approved in this Report by the
City Council.
201112012 - LLD 80,1 Page 13 of13
266
OF vwQ:v
COUNCIL/RDA MEETING DATE: Mav 17, 2011
ITEM TITLE: Public Hearing to Consider Adoption of a
Resolution to Approve a One -Year Time Extension for
Site Development Permit 2006-852, for a 264-Unit
Condominium Project, Comprised of Units of up to
29.5 Feet in Height, and Other Amenities, Generally
Bounded on the North and East by PGA West Stadium
Course, and on the South and West by PGA
Boulevard. Applicant: Crowne Pointe Partners, LLC
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: Z
Adopt a Resolution of the City Council granting approval of Time Extension #2 for
Site Development Permit 2006-852, subject to the Conditions of Approval as
amended.
FISCAL IMPLICATIONS:
None at this time. The Development Agreement currently in effect requires
payment of certain sums associated with the loss of Tourist Commercial land use
due to the project approval. Mitigation payment would be collected with the
original sale of the units as well as in association with all future unit resales. As
the time extension request does not include any changes to the original entitlement
approval, the Development Agreement remains in effect as originally approved.
CHARTER CITY IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The Eden Rock project is located within PGA West, which has its main entrance on
the south side of Avenue 54 at the terminus of Jefferson Street (Attachment 1).
PGA West was originally approved on May 15, 1984, for a conceptual total of up
67
to 5,000 residential units, 650 hotel rooms with approximately 120,000 square
feet of resort commercial uses, and a 20-acre commercial center, all on
approximately 1,665 acres. Subsequently, five amendments to the PGA West
Specific Plan have been approved:
• September 20, 1988 - approved a revision to the hotel, from 650 rooms at
four stories, to 1,000 rooms at six stories, and decreased retail/resort
commercial from 120 KSF to 100 KSF;
• June 6, 1989 - added 21.5 acres to the northwest portion of the Specific
Plan area;
• August 6, 1996 - update to document; no land use changes;
• October 3, 2000 - changed 20 acres from Community Commercial to
Medium -Density Residential, for the Residence Club project.
• April 15, 2008 - approved several applications for the Eden Rock at PGA
West project, including the subject SDP 2006-852, to allow construction of
264 condominium/townhome units, to be located on the 42 acre resort core,
previously designated for the 1,000 room hotel site.
Currently, the PGA West Specific Plan area is built -out, with the exception of
approximately 15 vacant single-family residential lots, and the subject 42-acre site.
Approximately 2,500 residential units currently exist within PGA West. Properties
adjacent to the site are developed with golf course and residential uses, with the
private clubhouse to the west, across PGA Boulevard, and the Tournament
clubhouse immediately east of the subject property.
The Eden Rock amendment to the PGA West Specific Plan was approved by City
Council on April 15, 2008, after the Council certified a Subsequent Environmental
Impact Report for the project. A general plan amendment and zone change were
also adopted, establishing the underlying land use to allow residential unit types
under a resort -based land use for the site. The subject site development permit
approval established the site -specific parameters for the project, and a development
agreement was approved to ensure that a revenue -generating project would replace
the original hotel approval for the site.
Project Summary
The approved Eden Rock site, architectural and landscape plan sets have been
included in these materials as Attachment 2, and the following provides a brief
description of those exhibits.
The approved building plans are for three unit types, referred to as Courtyard,
Manor and Village units. The Courtyard Homes are one and two-story designs and
are sited around the south and west project perimeter (i.e. PGA Boulevard); the
Manor Homes are one and two-story units arranged along the northern Stadium
.. 268
Course boundary of the site; while the central Village units are two-story unit
designs, clustered in the center of the site with the recreational amenities. These
unit types are further described below:
Courtyard Homes - 83 one and two-story, zero -lot line duplex units, with each
court consisting of four units in two duplex structures, facing a common entry
courtyard. These units are a fee -simple single-family attached product, with each
unit sited on its own lot. There will be three different cluster configurations and
five floor plans, with three two-story plans and two single -story plans (48 of the 83
units are two-story); The five floor plans range from 1,618 to 2,462 square feet.
Building plans show the building heights range from 17 feet, 7 inches, to 25 feet, 1
inch, to the high ridge line from finish grade. Each unit will have a two car garage
with one covered golf cart space.
Manor Homes — 79 two-story units designed as triplex structures, each with two
ground floor units and one second -floor unit. There are three floor plans, ranging
from 2,245 to 2,803 square feet. The building height of each structure is 27 feet,
10 inches to the high ridge line from finish grade. Each unit will have a two car
garage with one covered golf cart space. A second Manor building design was
approved as a one-story duplex structure, based on two floor plans of 2,495 and
2,942 square feet. The building height of the duplex structure is approximately 18
feet, three inches to the high ridge line from finish grade. Each unit will have a two
car garage with one golf cart space.
Village Homes — 102 multiple attached units, arranged in eight courtyards, each
consisting of two 6-unit structures; a ninth courtyard contains one 6-unit structure
at the very center of the project. Each structure incorporates the same plan
layouts. There are six floor plans, ranging in size from 1,476 to 2,100 square feet.
Of these six plans, three are 2-bedroom and three are 3-bedroom. The building
height of each structure is 29 feet, 6 inches, from finish grade to the highest ridge
line. The 2-bedroom units will have a one -car garage with room for a golf cart,
while three bedroom units will have a two car garage but no golf cart storage.
The project also incorporates a gated entry with gate house, and two designated
recreation lots, one of which will contain a common area pool; a second pool is
located at the east end of the Village unit complex. The main pool facility, near the
center of the Village complex, includes a small pool house with restrooms and
showers, covered loggia areas and a small entry gate structure. The east pool is
somewhat smaller in size with similar facilities. The second recreation lot is sited
just south of the main gated entry, and will contain various as -yet undisclosed
amenities for residents of the project. There are also other "pocket' areas which
are not shown as lettered lots, but are intended as recreation areas.
269
Architecture — The overall architecture of the Eden Rock project reflects elements
of Spanish, Mediterranean and Tuscan influences. The rooflines utilize shed and
gabled design primarily, with some hip and turret -style elements. There are
ornamental rafter tails, and all roofs will be covered with a concrete S-tile,
approved as a mudded finish. Fagade areas will be a smooth sand stucco finish,
with some wall sections fully covered in stone veneer, matching courtyard and
patio walls. The Manor homes have upper floor decks, while small balconies with
tiled shed -roof awnings are shown on upper floors of Village and Courtyard units.
The overall architecture of the project generally utilizes a combination of arched
doorways and rectangular windows, with some exceptions. Finish details include
decorative wrought iron, wood doors and vinyl windows, faux window shutters,
painted wood garage doors and terra cotta trim.
Landscaping - The landscaping plans provide preliminary plant palettes and
conceptual landscaping for the typical unit cluster areas, PGA Boulevard, entry and
project common areas. All of these plans have been included as a set in the review
packet in reduced -scale formats. These include the approved site and recreation
area plans, typical unit plans, and PGA Boulevard streetscape plans.
REQUEST
The applicant has requested a second, one year time extension for the Site
Development Permit (SDP) approval, to April 15, 2012. The City Council
previously authorized the first one year extension on August 3, 2010, which
extended the SDP expiration date to April 15, 2011. The accompanying Tentative
Tract Map approval for this project has been automatically extended to April 15,
2013 by the state legislature, through adoption of AB 333 in July 2009. However,
the provisions of AB 333 do not apply to a map's related development review
permits, which are subject to applicable extension procedures as established by the
local agency.
PUBLIC AGENCY REVIEW
Staff transmitted a copy of the time extension request to responsible public
agencies on March 10, 2011. All agency comments received have been reviewed
by Staff and did not result in any changes to the conditions of approval.
PUBLIC NOTICE
The request for time extension was advertised in The Desert Sun newspaper on
May 6, 2011. As with the original applications, all property owners within PGA
West were mailed a copy of the public hearing notice, based on an expanded
noticing (required notice is 500 feet from the subject property). Notice also
included the homeowner's associations in PGA West.
All written comments received have been attached (Attachment 3). Any additional
comments which are received prior to the meeting, but not included in this report,
will be presented to the City Council.
ANALYSIS
Based on the La Quinta Municipal Code provisions that govern time extensions for
development review permits, the original approving body is the review authority for
such extensions which, in this case, is the City Council. Therefore, no Architecture
& Landscaping Review Committee (ALRC) or Planning Commission review is
applicable to this SDP extension request. Minutes from the City Council meeting of
August 3, 2010, at which the initial extension request was reviewed, are included
with this staff report (Attachment 4).
As with the first time extension request, there are no changes proposed to the
project from its original approval by City Council on April 15, 2008. The staff -
recommended revisions to the conditions of approval are intended as updates,
based on changes in codes, procedures and other requirements. All referenced
conditions relate to their renumbered format, as reflected in the recommended
conditions. The significant changes are discussed here.
Subsequent to the first extension approval, staff has been in contact with the
Master HOA in regard to the ongoing issues identified at that time. The Master
HOA has provided a letter (Attachment 5) summarizing their ongoing concerns with
the project. Staff has considered these issues during its review and has
recommended several condition revisions to address some of these concerns:
Public Works — Several Public Works requirements have been added, which have
resulted in rearrangement of certain pre-existing approval conditions. This has
been done as a matter of organization/clarification, and placement of conditions
with their appropriate sections.
PGA Boulevard — The applicant and PGA West Master HOA have been discussing
an agreement on terms to assure that any potential construction -related impacts to
PGA Boulevard will be addressed. A condition was added with Extension #1 to
require that any such agreement be in effect prior to any construction activity,
including grading. As the Master HOA and the applicant have not yet reached
concurrence on all terms of the agreement, this creates an obstacle in moving
certain aspects of the project forward, most notably the perimeter wall
construction. Staff has recommended a revision to this condition (Condition 22)
that will establish some greater flexibility in allowing the perimeter wall
improvements to proceed ahead of actual project development.
L11
Perimeter Wall — Condition 56 as originally drafted requires that the project
perimeter wall be installed as part of the initial project phasing. Several conditions
require pre -development activities to be satisfied prior to issuance of any building
permits. Staff does not consider the wall construction to trigger pre -development
requirements, such as the burrowing owl survey and submittal of the signed HOA
agreement for PGA Boulevard remediation. However, as previously noted, the
requirement to verify an agreement between the Master HOA and the developer
has had the effect of preventing the City from issuing permits for the project. It is
apparent that all parties involved would like to see the wall completed in the near
term. Revised Condition 22 clarifies that the perimeter wall permit can be issued
independent of the overall project development.
Condition 55 requires that the perimeter wall design be reviewed by the ALRC,
with a recommendation to the Planning Director. This was accomplished on April
6, 2011. The condition further stipulated that the wall design be compatible with
the existing walls along PGA Boulevard, but also consider the Eden Rock
architecture in its design. The Master HOA has indicated that its members desire a
wall which mimics the existing PGA West wall pattern, with no architectural
embellishment reflective of Eden Rock. It is noted that HOA approval of the wall
design will be required as part of the building permit process, consistent with the
permitting process in HOA communities. As a result, staff and the ALRC
determined that the wall design as proposed is consistent with the intent of the
condition; the final decision will be made by the Planning Director. Based on this
action, staff has revised Condition 55 to allow for potential changes to the wall
design if such a proposal should occur in the, future.
An additional concern is that once the wall construction begins, there should be
assurance in place that the wall will be completed. As has been well documented,
the aesthetic issues arising from the green PM10 screen fence have been an
ongoing concern for residents of PGA West. A permanent wall would alleviate
these concerns and also continue to address PM10 blowsand reduction. Staff has
further recommended Condition 56, to set forth a schedule for the wall's
completion.
Site Maintenance — A primary concern of PGA residents is the condition of the
green screening fence around the site. This concern was expressed by several
residents, both at the August 3, 2010 City Council meeting, and in written
correspondence received prior to that meeting. As a result, the City Council
included a condition to specifically require the fencing to be repaired and the site
maintained until the project construction was underway. While the applicant did
complete some remedial work, the fencing again fell into a state of disrepair.
Although the applicant has recently made additional repairs, the Master HOA is
concerned that the fencing be consistently maintained. It should be noted that
staff did inspect the fencing on May 4, and found that most of it was in good
repair; however there are areas across from the Tournament Clubhouse that need
additional work, notably along the area used for temporary clubhouse parking. The
City has received further correspondence regarding this issue over the past few
weeks. Staff has made some adjustments to Condition 23, to include more
specific language relative to the overall site and fencing maintenance.
FINDINGS AND ALTERNATIVES
The finding necessary to approve this time extension request can be made and is
contained in the attached City Council Resolution. The alternatives available to the
City Council include:
1. Adopt City Council Resolution 2011 - _ , granting approval of Time
Extension #2 for Site Development Permit 2006-852, subject to the
Conditions of Approval as amended; or,
2. Do not adopt City Council Resolution 2011 - _ , granting approval of Time
Extension #2 for Site Development Permit 2006-852, subject to the
Conditions of Approval as amended; or,
3. Provide staff with alternative direction.
Respectfully submitted,
Les Johnson, Planning Di ctor
Approved for submission
Thomas P. Genovese, City Manager
Attachments: 1. PGA West Location Map
2. Approved Eden Rock exhibits (Council only)
3. Additional correspondence received
4. August 3, 2010 City Council Minutes
5. PGA Master HOA letter, dated April 12, 2011
2_
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, GRANTING A SECOND, ONE-
YEAR EXTENSION OF TIME TO ALLOW DEVELOPMENT
OF A 264-UNIT RESIDENTIAL CONDOMINIUM PROJECT
FOR PROPERTY LOCATED WITHIN THE PGA WEST
DEVELOPMENT, BOUNDED ON THE NORTH AND EAST
BY THE PGA WEST STADIUM COURSE AND
CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA
BOULEVARD
CASE NO.: SITE DEVELOPMENT PERMIT 2006-852
APPLICANT: CROWNE POINTE PARTNERS LLC
WHEREAS, the City Council of the City of La Quinta, California, did,
on the 17th day of May, 2011, hold a duly -noticed Public Hearing to consider the
request of Crowns Pointe Partners LLC., for a second, one-year time extension of
Site Development Permit 2006-852, to allow a 264-unit residential
condominium/townhome project, consisting of 83 Courtyard duplex units, 79
Manor triplex units, and 102 Village townhome units, including a guard gatehouse
and two common area pools, on ±42 acres located within the PGA West
development, bounded on the north and east by the PGA West Stadium Course and
clubhouse, and on the south and west by PGA Boulevard, more particularly
described as:
LOT K AND PORTION OF LOT 1, TR 29421;
PORTION OF PARCEL 7, PARCEL MAP 20426
WHEREAS, the City Council of the City of La Quints, California, did,
on the 1"day of April, 2008, and continued to the 15" day of April, 2008, conduct
a duly -noticed Public Hearing, and after conducting said Hearing did approve said
Site Development Permit by adoption of City Council Resolution 2008-028, subject
to conditions; and,
WHEREAS, said Site Development Permit was filed concurrently with
a General Plan Amendment, Zone Change, Specific Plan Amendment, Tentative
Tract Map, and a Development Agreement, in whole representing the development
permit application for the project as contemplated; and,
WHEREAS, the City Council of the City of La Quints, California, did,
on the 3`° day of August, 2010, conduct a duly -noticed Public Hearing, and after
conducting said Hearing, did approve the initial one-year time extension for said
4
Resolution No. 2611-
Site Development Pennk 2006-852, Extension #2
Eden Rock at PGA West - Crowns Pointe Partners LLC
May 17, 2011
Page 2 of 3
Site Development Permit by adoption of City Council Resolution 2010-055, subject
to amended conditions; and,
WHEREAS, the La Quinta Planning Department prepared a Subsequent
Environmental Impact Report ("SEIR") State Clearinghouse #2007061056) in
compliance with the requirements of the California Environmental Quality Act
(CEQA) of 1970, as amended, which was presented to and certified by the La
Quinta City Council on April 15, 2008 by adoption of City Council Resolution
2008-024 and in advance of any action on the project applications; and,
WHEREAS, the La Quinta Planning Department did cause to be
published a City Council Public Hearing notice in The Desert Sun newspaper, on the
6t' day of May, 2011, announcing said Hearing on the requested time extension as
prescribed by the La Quinta Municipal Code, with said hearing notice having been
mailed to all property owners within the boundaries of the PGA West Specific Plan
area; and,
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, the La
Quinta City Council did make the following mandatory finding to justify approving a
one-year time extension for this Site Development Permit:
1. The requested one year extension of time for Site Development Permit 2006-
852 is justifiable and appropriate, given the circumstances of the project
The ongoing economic conditions, which were becoming evident even as the
project approval process continued, have effectively delayed or halted most
residential development, and only now are signs of a limited recovery
becoming evident.
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 grant approval of a second, one-year extension of time,
to April 15, 2012, for Site Development Permit 2006-852, as referenced in
the title of this Resolution, for the reasons set forth in this Resolution, and
subject to the attached Conditions of Approval.
i -15
Resolution No. 2011-
Site Development Permit 2006-662, Extension #2
Eden Rock at PGA West - Crowns Pointe Partners LLC
May 17, 2011
Page 3 of 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quints City Council, held on this 17" day of May, 2011, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Don Adolph, Mayor
City of La Quints, California
ATTEST:
Veronica J..Montecino, CMC, City Clerk
City of La Quinta, California
(Seal)
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
City of La Quinta, California
RESOLUTION NO. 2011- EXHIBIT "A"
CONDITIONS OF APPROVAL — RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS. LLC
MAY 17, 2011 — SECOND EXTENSION OF TIME
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 Site Development Permit is granted a one-year extension of time, and shall
expire on April 15, 2012, unless granted any subsequent time extension(s)
pursuant to Title 9 of the La Quinta Municipal Code (§9.200.080; Permit
expiration and time extensions).
3. Site Development Permit 2006-852 shall comply with all applicable terms,
conditions and/or mitigation measures for the following related approvals:
• Subsequent EIR; SCH #2007061056
• Specific Plan 83-002, Amendment No. 6
• Tentative Tract Map 33226
• Development Agreement 2006-01 1
In the event of any conflict(s) between approval conditions and/or provisions of
these approvals, the Planning Director shall determine precedence in conjunction
with Condition 63, if applicable to the circumstances of any such conflict.
4. Prior to the issuance of any grading, construction, or building permit by the City,
the applicant shall obtain any necessary clearances and/or permits from the
following agencies, if required:
• Riverside County Fire Marshal
• Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Water Quality Management Plan (WQMP)
Exemption Form Whitewater River Region, Improvement Permit)
• Planning Department
• Riverside County Environmental Health Department
• Coachella Valley Unified School District
L
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT "A'
• Coachella Valley Water District (CVWD)
• 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
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvement plans for City approval.
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
(RWQCB) 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.
5. The design of community parking facilities for common areas shall conform to
LQMC Chapter 9.150, and in particular the following:
A. The parking stall, aisle widths and double hairpin stripe parking stall
design. On -street parking designated as guest parking on the approved
site plan shall be designed in accordance with parallel stall requirements.
B. Cross slopes should be a maximum of 2% where ADA accessibility is
required, including accessibility routes between buildings.
C. Building access points shall be shown on the Precise Grading Plans to
better evaluate ADA accessibility issues.
D. Accessibility routes as required shall be shown on the Precise Grading
Plan.
E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a
minimum of 17 feet in length with a 2-foot overhang for standard parking
stalls and 18 feet with a 2-foot overhang for handicapped parking stall or
as approved by the City Engineer. One van accessible handicapped
parking stall is required per eight handicapped parking stalls.
278
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006.852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT "A"
F. Golf cart parking areas shall be provided at various locations in the
development, in particular in close proximity to the Village common pool
areas. Golf cart stall size shall conform to generally accepted industry
standards, as may be determined by the City Engineer and Planning
Department. A project parking plan shall be required to include
appropriate signage to implement parking restrictions, and on and off-
street parking provisions of the CC & R's subject to City Engineer and
Planning Department approval.
G. A minimum five -space bicycle rack shall be provided in an appropriate
location at or near each common pool facility.
6. 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.
7. 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.
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT "A'
C. The applicant shall ensure that the required SWPPP is available for
inspection at the project site at all times through and including
acceptance of all improvements by the City.
D. The applicant's SWPPP shall include provisions for all of the following
Best Management Practices ("BMPs") (LQMC Section 8 70 020
(Definitions)):
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Tracking Control.
5) Non -Storm Water Management.
6► Waste Management and Materials Pollution Control.
E. All erosion and sediment control BMPs proposed by the applicant shall be
improved 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 HOA Conditions, Covenants, and Restrictions
(CC&Rs), a requirement for the perpetual maintenance and operation of
all post -construction BMPs as required.
8. Within 30 days of the initiation of any ground disturbing activity on the project
site, the project proponent shall cause a protocol -compliant burrowing owl
survey to be completed, submitted to the Planning Department, and approved.
Should the species be identified on the site, the biologist's recommendations for
relocation shall be implemented prior to the issuance of any ground disturbance
permit.
280
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT 'A'
9. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual attorney's fees incurred by the City Attorney to
review, negotiate and/or modify any documents or instruments required by
these conditions, if Developer requests that the City modify or revise any
documents or instruments prepared initially by the City to effect these
conditions. This obligation shall be paid in the time noted above without
deduction or offset and Developer's failure to make such payment shall be a
material breach of the Conditions of Approval.
PROPERTY RIGHTS
10. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emeruencv services and for maintenance, construction and reconstruction of
essential improvements.
11. Pursuant to the aforementioned condition, conferred rights shall include
approvals from all necessary persons or entities 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
orivate streets that access public streets and open space/drainage facilities of
the master development.
12. Right-of-way geometry for standard knuckles and property line corner cut -backs
at curb returns shall conform to Riverside County Standard Drawings #801, and
#805 respectively, unless otherwise approved by the City Engineer.
IMPROVEMENT PLANS
13. Upon completion of construction and prior to final acceptance of the
improvements by the City, the applicant shall furnish the City with reproducible
record drawings of all improvement plans which were approved by the City.
Each sheet shall be clearly marked "Record Drawing' and shall be stamped and
signed by the engineer or surveyor certifying to the accuracy and completeness
of the drawings The applicant shall have all approved mylars previously
submitted to the City, revised to reflect the as -built conditions. The applicant
281
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT "A'
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.
GRADING
14. 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 civil engineer registered in the State of
California,
B. A preliminary geotechnical ("soils") report prepared by an engineer
registered in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with LQMC
Chapter 6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with
LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater
Discharge Permit and Storm Management and Discharge Controls).
E. WQMP prepared by an engineer registered in the State of California.
All
Preliminary Soils Reportand shall be certified as being adequate by sc
engineer, or engineering geologist registered in the State of California.
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 Additionally, the applicant shall replenish said security if expended
by the City of La Quints to comply with the Plan as required by the City
Engineer.
282
RESOLUTION NO. 2011- EXHIBIT "A'
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
15. The applicant shall maintain pad heights, to the greatest extent feasible, for the
Manor and Village unit pads as shown on the tentative map exhibit approved by
City Council on April 15, 2008. "Greatest extent feasible" shall mean that,
during the grading plan check process, the applicant may be permitted to revise
the pad elevations for any or all of these units for circumstances relating to
compliance for hydrology, drainage, utilities, and other infrastructure design
requirements. The applicant understands that there may be further pad
reductions that can feasibly be accomplished, as well as potential increases in
pad heights that may be necessary to achieve the project design. Any increase
in pad elevation height from that shown on the tentative map exhibit approved
by the City Council on April 15, 2008, shall be limited to no more than 6
inches. Any revisions to pad elevations shall be reviewed through the
substantial conformance process, and thereby subject to final approval by the
City Engineer.
DRAINAGE
16. Stormwater handling shall conform to the approved hydrology and drainage
report for PGA West Development, as modified for Tentative Tract Map 33226.
The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
17. Storm drainage historically received from adjoining property shall be received
and retained or passed through into the historic downstream drainage relief
route.
18. Nuisance water shall be retained on site. Nuisance water shall be disposed of
as required for Tentative Tract Map 33226.
19. The applicant shall comply with applicable provisions for post -construction
runoff per the City's NPDES stormwater discharge permit, LQMC Sections
8.70.010 at seq. (Stormwater Management and Discharge Controls), and
13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and
the California Regional Water Quality Control Board — Colorado River Basin
(CRWQCB-CRB) Region Board Order No. R7-2008-001.
A. For post -construction urban runoff from New Development and
Redevelopment Projects, the applicant shall implement requirements of
the NPDES permit for the design, construction and perpetual operation
and maintenance of BMP's per the approved Water Quality Management
283
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT 'A"
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 BMP's
approved by the City Engineer. A project -specific WQMP shall be
provided which incorporates Site Design and Treatment BMP's, 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_
UTILITIES
20. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities),
LQMC. All utility requirements of Tentative Tract 33226 shall be applicable as
appropriate to this Site Development Permit approval.
CONSTRUCTION
21. The City will conduct final inspections of habitable buildings only when the
buildings have improved street and (if required) sidewalk access to private (Off -
Site) streets. The improvements shall include required traffic control devices,
pavement markings and street name signs. If on -site streets in residential
developments are initially constructed with partial pavement thickness, the
applicant shall complete the pavement prior to final inspections of the last ten
percent of homes within the development or when directed by the City,
whichever comes first.
22. The applicant shall provide a copy of an executed agreement with the PGA
West Master Association, for maintenance and potential repair associated with
the use of PGA Boulevard for construction activities associated with the Eden
Rock project. The agreement shall be provided to the City with the ffiRitiel
, ineluding prior to issuance
of grading or grading -related permits or activities. This requirement is strictly to
verify that the final agreement is in place prior to commencement of any
284
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT "A"
construction, and is not intended to imply that the City of La Quinta is in any
way a party to said agreement. This condition shall not apply to permitting for
the project perimeter wall.
23. The applicant shall repair and/or replace, as necessary, all portions of the
existing temporary "green screen" fencing in all locations where it is visible (i.e.
where not obscured entirely from view by existing vegetation) from any point
around the property, so as to eliminate any unsightly conditions. The applicant
shall maintain the site to avoid dust blowing onto adjacent properties. This
requirement shall be effective immediately and remain in force until sash time as
completion of the project perimeter wall,
LANDSCAPE AND IRRIGATION
24. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) &
13.24.140 (Landscaping Plans), LQMC, as applicable.
25. Landscape and irrigation plans for landscaped lots and setbacks, medians,
retention basins, and parks shall be signed and stamped by a licensed landscape
architect.
26. Final landscaping and irrigation plans shall be prepared by a licensed professional
landscape architect, to be reviewed by the Architecture and Landscaping
Review Committee and approved by the Planning Commission, prior to issuance
of the first building permit. All landscape plans shall be drafted in coordination
with the preliminary grading plans. An application for Final Landscape Plan
Check shall be submitted to the Planning Department for final landscape plan
review, along with the appropriate fee. Said plans shall include all landscaping
associated with this project, including perimeter landscaping, and be in
compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal
Code, as in effect at time of plan submittal. The City -approved landscape and
irrigation plans shall be submitted to the Coachella Valley Water District and
Riverside County Agriculture Commissioner for their signature/approval, prior to
submittal of the final plans to the Planning Department for City signature.
NOTE: Plans are not approved for construction until signed by the Planning
Director and/or City Engineer, as applicable.
285
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT 'A'
27. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the Planning Director and the Coachella Valley Water District.
Use of lawn areas shall be minimized with no lawn, or spray irrigation, being
placed within 24 inches of curbs along public streets.
28. Project landscaping shall incorporate trailing vines in Village courtyard driveway
parking turnaround areas, along wall areas in general, including perimeter walls,
and in other areas of the project where appropriate, subject to review under the
landscaping review process as conditioned.
29. Enhanced landscaping shall be provided along the north project boundary, for
purposes of screening views of the Manor units from surrounding residential
views toward those units.
30. Proposed landscape palettes for all landscape components of the project shall be
consistent with the master palette included in Specific Plan 83-002,
Amendment No. 6, as approved, and shall not include tree species which can
generate excessive green waste, such as Bottle Trees, Crape Myrtle, Jacaranda,
etc., as appropriate.
31. 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," 5th Edition or latest, in the design and/or installation of
all landscaping and appurtenances abutting and within the private street right-of-
way.
32. The final landscape plans shall reflect a significant effort to reduce the use of
turf areas in all landscaping, common and private. Specifically, plans shall
minimize or eliminate all turf areas adjacent to sidewalks and roadways.
FIRE PROTECTION
The Riverside County Fire Department requires the below listed fire protection
measures be provided in accordance with the City of La Quinta Municipal Code and/or
the Riverside County Fire Department Fire Protection Standards. Final conditions will
be addressed when complete building plans are reviewed.
33. For residential areas, approved standard fire hydrants, located at each
intersection and spaced 330 feet apart with no portion of any lot frontage more
286
RESOLUTION NO. 2011- EXHIBIT *A'
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC "
MAY 17, 2011 - SECOND EXTENSION OF TIME
than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-
hour duration at 20 PSI.
34. For any buildings with public access, provide or show there exists a water
system capable of delivering a fire flow of 1500 gallons per minute for 2 hours
duration at 20 psi residual operating pressure, which must be available before
any combustible material is placed on the construction site.
35. Blue dot retro-reflector pavement markers on private streets shall be placed to
identify fire hydrant locations, per applicable Riverside County Fire Department
Standard.
36. City of La Quinta ordinance requires all buildings 5,000 square feet or larger to
be fully sprinkled per NFPA 13/13R/13D Standard. Effective January 1, 2011,
all one/two-family dwellings and townhouses will require an automatic
residential fire sprinkler system, designed and installed in accordance with HCD
R313.3 or NFPA 13D. If required, sprinkler plans will need to be submitted to
the Fire Department.
37. Any turnaround requires a minimum 38-foot turning radius.
38. All structures shall be accessible from an approved roadway to within 150 feet
of all portions of the exterior of the first floor.
39. The minimum dimension for access roads and gates is 20 feet clear and
unobstructed width and a minimum vertical clearance of 13 feet 6 inches in
height.
40. Any gate providing access from a road shall be located at least 35 feet setback
from the roadway and shall open to allow a vehicle to stop without obstructing
traffic on the road. Where a one-way road with a single traffic lane provides
access to a gate entrance, a 38-foot turning radius shall be used.
41. Fire apparatus access road shall be in compliance with the Riverside County Fire
Department Standard number 06-05 (located at www.rvcfire.org). Access
lanes will not have an up, or downgrade of more than 15%. Access lanes will
be designed to withstand the weight of 80 thousand pounds over two axles.
Access will have a turning radius capable of accommodating fire apparatus.
Access lane shall be constructed with a surface so as to provide all weather
driving capabilities.
231
RESOLUTION NO. 2011- EXHIBIT "A'
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
42. Gates may be automatic or manual and shall be equipped with a rapid entry
system (KNOX). Plans shall be submitted to the Fire Department for approval
prior to installation. Automatic gate pins shall be rated with a shear pin force,
not to exceed 30 pounds. Gates activated by the rapid entry system shall
remain open until closed by the rapid entry system. Automatic gates shall be
provided with backup power.
43. Prior to building plan approval and construction, applicant/developer shall furnish
two copies of the water system fire hydrant plans to Fire Department for review
and approval. Plans shall be signed by a registered civil engineer, and shall
confirm hydrant type, location, spacing, and minimum fire flow. Once plans are
signed and approved by the local water authority, the originals shall be
presented to the Fire Department for review and approval.
44. Prior to issuance of building permits, the water system for fire protection must
be provided as approved by the Fire Department and the local water authority.
45. The applicant or developer shall prepare and submit to the Fire Department for
approval, a site plan designating required fire lanes with appropriate lane
painting and/or signs.
FEES AND DEPOSITS
46. 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 permits).
47. Provisions shall be made to comply with the terms and requirements of the
City's adopted Art in Public Places program in effect at the time of issuance of
building permits.
48. Applicant shall pay the fees as required by the Coachella Valley Unified School
District, as in effect at the time requests for building permits are submitted.
49. Permits issued under this approval shall be subject to the Coachella Valley Multi -
Species Habitat Conservation Plan/Natural Community Habitat Conservation
Plan Mitigation Fee, in accordance with LQMC Chapter 3.34.
2P.
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT 'A'
50. Prior to completion of any approval process for modification of boundaries of
the property or lots subject to these conditions the applicant shall process a
reapportionment of any bonded assessment(s) against the property and pay the
cost of such reapportionment.
PLANNING DEPARTMENT
51. Applicant shall ensure compliance with all mitigation measures set forth in the
Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of
all related conditions of approval, as identified in Condition No. 4. These
mitigation measures are required to address potentially significant impacts to Air
Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public
Services (Schools); Transportation, Traffic, Parking and Circulation (Project
Traffic, Cumulative Impacts).
52. Applicant shall prepare project CC&R's to address parking restrictions for on -
street guest parking and all other guest parking areas, including any use of
common driveway space for parking. Parking provisions shall also include
allowances for golf cart use and parking throughout the site.
53. Building heights, setbacks, parking and other development standards shall be in
compliance with the approved plan documents for the Eden Rock at PGA West
project, and any precedent conditions of approval for Tentative Tract Map
33226 and Specific Plan 83-002, Amendment No. 6.
54. A final acoustical analysis shall be completed and submitted for review at time
of building permit plan check, based on final lot layout and pad elevations, to
demonstrate that the City's standards for interior and exterior CNEL levels will
be met for each proposed dwelling unit.
55. The entire perimeter wall design and location, including sound wall areas, entry
wall areas, and property line walls through a master wall plan, shall be subject
to review and approval by the Planning Department, in accordance with the
landscape review process as conditioned. The wall location shall maintain a
minimum 15 foot setback from face of curb at any point along PGA Boulevard;
however, a request for consideration of an averaged setback may be approved if
determined to be appropriate by the Planning Director. The wall plan shall
specify colors and materials to be used for the walls, capping, pilasters, entry
monuments, planters, and any other such features. The perimeter wall shall be
generally designed based on the existing walls along PGA BoulevardSFeate
289
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT "A"
It shall be a separate plan aheet(s),te be
submittal for ALRC review and
recommendation to the Planning Director.
56. The primary perimeter wall surrounding the entire site shall be installed as part
of or prior to the initial project improvements phase. Construction of the
perimeter wall and related improvements shall conform to the following
schedule:
A. Acquire building permit by September 30, 2011;
B. Commence wall construction by October 14, 2011;
C. Complete wall construction by March 1, 2012.
Any request for extension(s) to this schedule must be submitted to the Planning
Department for review and approval, at least 10 days prior to the scheduled
date. The request must be accompanied by supporting information to justify
any such extension(s).
57. The initial phase of project improvements shall also include the full extent of the
golf cart path realignment as shown on the approved tentative map exhibit.
58. All vehicular and pedestrian courtyards shall be developed with decorative
pavers. All the roofs shall be Mission clay, and incorporate a built-up mudding
effect. All stucco coatings shall be a smooth, hand -trowel finish.
59. Applicant shall provide a common area recreation and amenity plan, including
options for active recreational use amenities, to the Planning Department for
review and approval by ALRC and Planning Commission. Active recreation
opportunities are to be provided in the larger common open areas adjacent to
the Village units, as delineated on the approved Open Space Exhibit.
60. The applicant shall submit detailed lighting plans for all common areas and
buildings, and for all residential structures, to the Planning Department for
review and approval as part of the building plan check. Lighting plans shall
include site lighting, and all proposed fixture details and schedules for buildings
and outdoor areas.
61. Any architectural design revisions to any residential or common area structure
shall be reviewed through the ALRC and Planning Commission as a non-public
290
RESOLUTION NO. 2011-
CONDITIONS OF APPROVAL - RECOMMENDED
SITE DEVELOPMENT PERMIT 2006-852
CROWNE POINTE PARTNERS, LLC
MAY 17, 2011 - SECOND EXTENSION OF TIME
EXHIBIT 'A'
hearing business item, unless determined otherwise by the Planning Director
based on significance of the design revision. The Entry Gate and Guard House,
and a revised Manor one-story duplex building plan, are specifically remanded
back to the Planning Commission for further review and possible revision, prior
to the building plan check process. The Manor one-story duplex building plan
shall consider more architectural detailing and enhancement, particularly with
respect to the front elevation.
62. The project developer shall work with City staff to identify and incorporate
enhanced energy conservation and efficiency measures, toward exceeding the
minimum provisions of California Building Standards Code, Title 24. Such
measures shall be considered in all aspects of project implementation, from
initial grading construction to landscaping installations.
63. Any future time extension requests for SDP 2006-852 shall be subject to
scrutiny in consideration of approval conditions for TT 33226. Should any
requisite condition changes to the SDP conflict with existing TT 33226
conditions, an amendment to the tentative map in order to address said conflict
may be required, subject to a determination by the Planning Director.
?91
Wanda Wise -Latta ATTACH ME NT 3
From:
Dr. Terry R. Pracht <trpracht@earthlink.net>
Sent:
Monday, May 09, 2011 4:51 AM
To:
Council
Subject:
Eden Rock
Dear Sirs:
My wife and I live on Weiskopf in the PGA West development. We understand the Eden Rock project is on the Council's
agenda for a meeting later this month. We would like to share a few concerns: The Eden Rock proposed location is
central to the entire PGA West environment. We would like to see it developed as soon as possible. Because of the
direction of the prevailing winds coupled with the undeveloped area (made worse by the parking of many cars during
the Hope event), the poor condition and ineffectiveness of the existing fence, etc. blowing sand -is a constant problem
for us. We would hope, that if construction is not going to be started soon, that at a minimum, the wall which will
surround the property could be required to be built as soon as possible. We would also request, that in the interim the
existing fence and landscaping be maintained, and that the sandy area be treated to reduce the blowing sand. Thank
you for your interest in our concernsl
Terry R. Pracht, D.D.S., M.S.
Patricia A. Pracht
80900 Weiskopf
La Quinta, CA 92253
760-777-8026
293
1
Wanda Wise -Latta
From:
Jiml0463@aol.com
Sent:
Monday, May 09, 2011 2:10 PM
To:
Council
Cc:
culver@dc.rr.com
Subject:
Eden Rock Extension
Dear Council,
I read the PGA West Ad Hoc recommendations on the extension request and am in full agreement. The following things
must be addressed by the developer as part of an extension request
1. Maintenance of the Green Fence surrounding the property
2. Maintenance of the decorative plants along the Green Fence
3. Dust and sand control for the property
The 2,000+ homes at PGA West pay a huge amount of property taxes to La Quinta and it is
everyone's interest to keep the aforementioned property in top condition.
Thanks for looking out for us,
Jim & Connie Alderson
81-280 Legends Way
La Quinta, CA 92253
- 294
1
Wanda Wise -Latta
From: Nrherman@aol.com
Sent: Thursday, May 05, 2011 2:15 PM
To: Council
Subject: Eden Rock Development at PGA West
Dear Council Members:
We received notice that the City of La Quinta City Council will hold a Public Hearing on the following item:
Site Development Permit 2006-852
Extension - Eden Rock at PGA West
The request is for a one-year extension of time for the current site development permit approval of a 264- unit
condominium project comprised of one and two story units of up to 29.5 feet in height.
We are residents of PGA West and would request that the extension be denied for the following reasons:
The developer has evidenced his bad faith and lack of integrity by failing to construct or even maintain the
perimeter fencing around the property. When the project was initially approved, the City Council stipulated that the
developer was to construct a perimeter wall within two weeks of approval. It is now years later and the developer
has still not done anything to replace the decrepit metal fence. It has become quite an eyesore along PGA
Boulevard.
This matter should be properly discussed at a time when the majority of the town's voters are in residence and not
during the summer. The project was initially approved by the City Council after a long and contentious battle by
PGA West residents who were concerned with the density of the project and the height of the condominiums in
our community consisting mainly of single floor, low density homes. These residents should have the opportunity
to attend a hearing granting such an extension.
Thank you for your attention to this matter.
Yours truly,
Nancy Herman
80690 Weiskopf
La Quinta, CA 92253
295
Wanda Wise -Latta
From: Mherman300@aol.com
Sent: Tuesday, May 03, 2011 8:54 PM
To: Council
Subject: Eden Rock Developement at PGA West
I understand your inclination to grant the extension of entitlements to the developer. However as a
resident, I strongly feel that you must compel Crowne Pointe to properly maintain their perimeter
fencing. This fencing is a shambles and is an eyesore to all who must pass it everyday. In addition,
every wind storm spreads the un-maintained sand all over our property.
Please take this complaint into consideration as a condition for your extension.
Michael Herman
80690 Wesikopf
La Quinta
Wanda Wise -Latta
From: rigtyme@cox.net
Sent: Tuesday, May 03, 2011 6:02 PM
To: Council
Subject: Eden Rock Extension
Dear Council Members:
We are residents of La Quinta and support the Eden Rock Development and their request for extension of their
entitlements. We also support the request for proper maintenance of the green fence, planting, and dust control.
Thank you for your consideration of our concerns.
Jim & Betty Martin
207
Wanda Wise -Latta
From: Randall Shelley <randallshelley43@gmail.com>
Sent: Tuesday, May 03, 2011 5:13 PM
To: Council
Subject: Eden Rock developement at PGA West
Council
I have reviewed the e-mail from Steve Weiss of even date and find that I am in COMPLETE agreement, a rarity
with anyone.
The property which Eden Rock wishes to develop has sat fallow and the fence has been an embarrassment.
If this outfit has the where -with -all to do this development, surely it has the resources to maintain the exterior of
the property so as to preserve it's integrity until it can start development.
Randall Shelley
57-630 Interlachen
PGA West
La Quinta, Cal., 92253
760 771-2609
298
Wanda Wise -Latta
From:
JoLou1944@aol.com
Sent:
Tuesday, May 03, 2011 3:16 PM
To:
Council
Subject:
Eden Rock
Please note that we would like to see the developers of Eden Rock fix the green fence surrounding their property at PGA
West as well as replace the dead shrubs that are attached to the fence. Also, there is a great need for some measures to
control the dust which blows off that property making for an unpleasant experience for golfers at the Resort driving range
and beyond. These provisions should be included in any extension of their planning request. Thank you. Joan and Lou
McCarty 54217 Oakhill, La Quinta, CA 92253.
?99
Wanda Wise -Latta
From:
RUSSELL ROEHRKASSE <rlroehrkasse@msn.com>
Sent:
Tuesday, May 03, 2011 3:15 PM
To:
Council
Subject:
Eden Rock
I am a member and resident at PGA West. With respect to the Eden Rock project, I fully support the position of
our ad -hoc committee and their warrented concerns and recommendation as you consider an extention of the developers
entitlements at your May 17th meeting. These points as specifically presented to you in an email from our ad -hoc
committee are as follows:
1. Green Fence: The developer has not properly maintained this green fence along the perimeter of the
property. In granting an earlier extension, the developer committed to repair and/or replace the screening to
eliminate any unsightly conditions. This has not been done. We urged the developer to do so and only recently
have some repairs been made. We have no assurances that this will be maintained in the future.
2. Decorative Plants Alona Green Fence: The developer has not maintained these plants in a neat and orderly
condition. Again at our recent urging, the developer hired gardeners to restore a neat and orderly condition. We
have no assurances that this will be maintained in the future.
3. Dust Abatement on the Prooerty: Crowne Point has previously committed to maintain the property to keep dust
from blowing on adjacent properties. This has not been done. The developer recently committed to us to do
so. We have no assurances that this will be maintained in the future.
Given Crowne Pointe's inability to maintain the property in the state that was agreed to as a condition of the last
extension, we would suggest that the Council require the developer to provide cash funds in the amount of $50,000 to be
held by the PGA West Master Association to effect the necessary maintenance of the property in the event that the
developer does not do so themselves.
Furthermore, given the lack of timely maintenance of this property, we would suggest to the Council that an
extension of no more than six months be given to the developer so that his progress can be closely monitored by both the
City and the community. If the Council should approve a longer extension, the cash funds we have requested should be
proportionately increased. Additionally, any further extension should be reviewed at a time when the majority of residents
are present.
Furthermore, we understand that there have been other commitments made by the developer when the last
extension was granted. These include construction of a perimeter wall and completion of a development agreement with
the PGA West Master Association. We believe these matters are important to maintain the quality of our community."
Sincerely,
Russell Roehrkasse
79-738 Arnold Palmer
La Quinta CA 92253
760-771-2642
300
Wanda Wise -Latta
From:
Marvin Segal <marvsegal@msn.com>
Sent:
Tuesday, May 03, 2011 3:01 PM
To:
Council
Subject:
Eden Rock/Crowne Pointe
Dear LQ Council Member —
We respectfully request that you, prior to granting an extension to the Eden Rock project, assure yourselves & PGA West
homeowners that the following issues are specifically addressed:
■ Maintenance of the Green Fence surrounding the property.
■ Maintenance of Decorative Plants along the fence.
■ Proper & appropriate Dust Abatement procedures.
Thank you,
-- Marvin & Stefanie Segal (80769 Spanish Bay, LQ)
301
Wanda Wise -Latta
From: Steve Weiss <sweiss@vbbn.com>
Sent: Thursday, April 28, 2011 8:34 PM
To: Council
Cc: 'Howard Culver'; dssturgill@peoplepc.com; prstent@aol.com; 'Mills, Dick'; Mary Caldwell;
Richard Hayes; wcr@rembold.com; 'Kristy Franklin'; Wanda Wise -Latta; Linda Evans; Don
Adolph; dianeadolph@aol.com
Subject: Eden Rock Development at PGA West
Dear La Quinta City Council Members,
We are a group of PGA West residents that have formed an Ad Hoc Committee to work with
Wayne Rembold of Crowne Pointe Partners, the developer of Eden Rock. Several of us were
involved earlier in the negotiations that led to a more desirable project for the community including
lower density, lower height profiles and single story units along PGA West Boulevard. Fundamentally
we support Eden Rock and would like to see it be successfully built.
We further understand that the La Quinta City Council will be considering a request from the
developer for an extension of his entitlements. Our committee has had several discussions with the
developer regarding our concerns about the status of the property pending future construction. Our
issues include the following:
Green Fence: The developer has not properly maintained this green fence along the
perimeter of the property. in granting an earlier extension, the developer committed to repair
and/or replace the screening to eliminate any unsightly conditions. This has not been
done. We urged the developer to do so and only recently have some repairs been made. We
have no assurances that this will be maintained in the future.
Decorative Plants Alona Green Fence: The developer has not maintained these plants in a
neat and orderly condition. Again at our recent urging, the developer hired gardeners to
restore a neat and orderly condition. We have no assurances that this will be maintained in
the future.
3. Dust Abatement on the Property: Crowne Point has previously committed to maintain the
property to keep dust from blowing on adjacent properties. This has not been done. The
developer recently committed to us to do so. We have no assurances that this will be
maintained in the future.
Given Crowne Pointe's inability to maintain the property in the state that was agreed to as a
condition of the last extension, we would suggest that the Council require the developer to provide
cash funds in the amount of $50,000 to be held by the PGA West Master Association to effect the
necessary maintenance of the property in the event that the developer does not do so themselves.
Furthermore, given the lack of timely maintenance of this property, we would suggest to the
Council that an extension of no more than six months be given to the developer so that his progress
can be closely monitored by both the City and the community. If the Council should approve a longer
extension, the cash funds we have requested should be proportionately increased. Additionally, any
further extension should be reviewed at a time when the majority of residents are present.
Furthermore, we understand that there have been other commitments made by the developer
when the last extension was granted. These include construction of a perimeter wall and completion
of a development agreement with the PGA West Master Association. We believe these matters are
important to maintain the quality of our community. We have reviewed the letter that Richard Hayes,
President of the PGA West Masters Association has sent to the City of La Quinta.
We fully understand that these economic times are difficult for developers of high end
communities such as Eden Rock. We want to see Crowns Pointe be successful with this
project. However, given the developer's lack of timely maintenance of this property, we believe our
requests are reasonable and ask the Council to act accordingly in granting Crowne Pointe any further
extensions.
Sincerely,
PGA West Ad Hoc Committee for Eden Rock Development
Howard Culver
Richard Mills
Dan Sturgill
Rich Stenton
Steve Weiss
303
Carolyn Walker
From:
Wally Nesbit
Sent:
Thursday, May 12, 2011 10:16 AM
To:
Wanda Wise -Latta
Cc:
Carolyn Walker; Therese Vella-Finorio
Subject:
FW: Site Development Permit 2006-852- Eden Rock at PGA West
Rec'd re: Eden Rock. I will also add this to the report attachment on correspondence rec'd. THX
Wallace H. Nesbit, Principal Planner
Planning Department
City of La Quinta
78495 Calle Tampico
La Quinta CA 922,53
Direct:760-777-7069 Fax:760-777-1233
email: wnesbit@la-guinta.ora
R/ 611 %%u"
From: Phil Brown [mailto:phil@premierrealty.org]
Sent: Thursday, May 12, 2011 9:33 AM
To: Wally Nesbit
Subject: Site Development Permit 2006-852- Eden Rock at PGA West
Hello Wallace,
I am responding to Notice of Public Hearing for this project. I am a real estate broker with over 30
years of experience, and a part-time resident of PGA West. I cannot make the hearing but wanted to
express my strong opposition to the proposed project. In my opinion, any high density project is not
in the best interest of the homeowners of PGA West. The few "apartment" or multi -story condo style
residences seem very out of place in PGA West and I am sure only the homeowners that have them
think they are a positive to the area.
The area should remain zoned so that only SFR's and/or fairly large sized, single level condo projects
are approved.
Phil Brown
Broker/Owner
Premier Realty Services, Inc.
(760) 672-5171
304
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P. O. Box 1504
La Quinta, CA 92247
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City Council Minutes 13 August 3, 2010
PUBLIC HEARINGS ATTACHMENT 4
1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
APPROVING A TIME EXTENSION FOR SITE DEVELOPMENT PERMIT 2006-
852 TO CONSTRUCT 264. ONE -AND -TWO-STORY RESIDENTIAL
CONDOMINIUMS AND TOWNHOMES UP TO 29% FEET IN HEIGHT WITH
TWO COMMON AREA POOLS, AND GENERALLY BOUNDED ON THE
NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND ON THE
SOUTH AND WEST BY PGA WEST BOULEVARD. APPLICANT: CROWNE
POINTE PARTNERS, LLC.
Mayor Adolph recused himself from participating on this item due to a
conflict of interest due to the proximity of his residence to this project; and
turned the gavel over to Senior Council Member Sniff.
Principal Planner Nesbit presented the staff report.
Council Member Henderson remembers a discussion condition regarding the
remediation of PGA Boulevard and asked how the condition was changed.
Principal Planner Nesbit explained a condition has been added with this
extension that would require the applicant to provide an executed agreement
with PGA West Masters Association. Council Member Henderson clarified
that the agreement currently in force does not have a condition of
remediation for PGA Boulevard. Principal Planner Nesbit confirmed; and
explained the written agreement as required by the added condition is more
specific in the requirements than what would be included in the normal
remediation process.
Wayne Rembold, Manager, Crowns Pointe Partners, 1022 Southwest
Salmon, Ste. 450, Portland, Oregon, stated he has met with staff and is in
full support of the recommendation.
Council Member Sniff declared the PUBLIC HEARING OPEN at 7:12 p.m.
There being no requests to speak, Council Member Sniff declared the PUBLIC
HEARING CLOSED at 7:13 p.m.
Council Member Evans stated some of the feedback received from the
residents referenced a wall and requested background information from staff.
Planning Director Johnson explained there is a condition of approval which
requires a perimeter wall and stated there may be a misunderstanding as that
perimeter wall must be established in conjunction with the development of
Phase I.
306
City Council Minutes 14 August 3, 2010
Council Member Henderson stated that based on the communications
received from the residents, this is an opportunity to address some of their
concerns; also mentioned that in today's environment many developers are
struggling, but it does not mean they should neglect the surrounding
communities; and asked if the developer has any input about the issues and
concerns of the residents.
Mr. Rembold stated they have been successful in organizing new capital and
plan to be underway with the project; they have tried to mitigate the issues;
for instance, the fence has been repaired a number of times. The
Bougainvillea has grown back and become a green fence. He will make sure
the blowing sand will be stabilized, and hopes to proceed with the project.
Council Member Henderson asked what is the optimistic outlook for the
project. Mr. Rembold stated he would be in for permits in the next four
months and the vertical elements to follow thereafter.
Council Member Henderson requested information on any legal challenges to
continuing this matter.
City Attorney Jenson stated there is no legal mandate to hold the public
hearing with residents; explained the City Council is able to continue this
matter.
Council Member Henderson asked if the extension requested is for one year.
Planning Director Johnson confirmed. Council Member Henderson asked if
the City Council can approve an extension for six months. City Attorney
Jenson stated the :City Council can approve any time period of extension.
Council Member Henderson understands there is a need to compromise in
satisfying the residents concern to address this matter when more residents
are here and the request for a legitimate extension; and asked if the.
developer can meet with the Association to confirm the wall will be build in
the Fall in a period of six months. Mr. Rembold explained the term expired in
April and the one-year extension would only be until April 2011. He
expressed concern with their new financing necessary for the project
needing a decision on the time extension. Mr. Rembold also mentioned that
he did meet with the Association today and believes they are satisfied with
the efforts made to mitigate the improvements.
Council Member Henderson asked if there are any reasons this matter might
be presented to the City Council later than April 2011. Planning Director
Johnson stated there were many reasons this matter was delayed in bringing
U7
City Council Minutes 15 August 3, 2010
forth to the City Council and explained if a second extension would be
requested next year, it would be presented in a more timely manner.
Council Member Evans asked if some of the concern was the current state of
the fence; and requested the extension include an expectation that the
current state of the fence would be improved as a good -faith effort; and
communicating that it is important to the developer as well as the residents.
Council Member Henderson would recommend a representative of the
property ownership inspect the property monthly. Mr. Rembold stated he is
in town at least once a month.
City Attorney Jenson explained the City Council may impose an additional
condition of approval requiring they properly maintain the existing temporary
fence.
Council Member Henderson would like that condition be made as part of the
motion and the appropriate language be fashioned by the City Attorney.
Council Member Evans supports a 90-day continuance to enable the
developer address the temporary fence issue, meet with the residents, and
allow the project to continue to move forward.
Council Member Henderson believes the developer has similar concerns but
the lenders need assurances.
Council Member Sniff stated if the developer can produce the desired results
in.four months, staff can bring this item back the first meeting in January
2011. Council Member Henderson suggested this item be brought back the
second meeting in January 2011 instead of the first meeting.
In response to Council Member Evans, Council Member Sniff clarified he
suggests a continuance to the second meeting in January 2011.
City Attorney Jenson stated the City Council can add the additional condition
and then approve this item up to the specific Council meeting date.
Planning Director Johnson explained if this matter is granted an extension to
January 2011, it will most likely come back for another extension request as
there will not be sufficient time provided for the applicant to obtain a building
permit.
Council Member Sniff declared the PUBLIC HEARING REOPENED at 7:33
p.m.
City Council Minutes 16 August 3, 2010
James Cox,55914 Wayburn, stated residents of PGA West have looked at
this piece of property in the same state since 1986. He does not want to
see a continuance approved. Would like to see more than dirt on the
property and a continuance will not help with their funding. Would like to see
the extension granted and if the developer does not comply with the
conditions of approval, he will notify the City Council personally.
Council Member declared the PUBLIC HEARING CLOSED at 7:34 p.m.
RESOLUTION NO. 2010-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, GRANTING A ONE-YEAR EXTENSION OF TIME TO ALLOW
DEVELOPMENT OF A 264-UNIT RESIDENTIAL CONDOMINIUM PROJECT
FOR PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT
BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM
COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA
BOULEVARD (SITE DEVELOPMENT PERMIT 2006-852 — CROWNE POINTE
PARTNERS, LLC.).
It was moved by Council Members Henderson/Evans to adopt Resolution No.
2010-055 as amended (adding language requiring the temporary
construction fence to be repaired and/or replaced to eliminate all unsightly
conditions and requiring the site to be maintained to avoid dust blowing. off
the site and these conditions to take effect immediately). Motion carried by
a vote of 3-0-2, Council Member Franklin and Mayor Adolph absent. .
ADJOURNMENT
There being no further business, it was moved by Council Members
Evans/Henderson to adjourn. Motion carried unanimously.
Respec Ity submitted,
ATTACHMENT 5
received
APR 12 2C11
CBy of La Qdnta
Planning Deoertrnent
PGA WEST
PGA WEST MASTER ASSOCIATION, INC.
P.Q. BOX 1516
LA QUINTA, CA 922474616
PHONE (760) 5643868
FAX (760) 654-2329
April 12, 2011
City of La Quinta
P. O. Box 1504
La Quinta, CA 92247
Ann: Thomas P. Genovese, City Manager
City Council Members
Re: Crowne Pointe, LLC
Application for Extension
Dear Mr. Genovese and City Council Members:
VIA EMAIL AND US MAIL
citymanagersoffice@la-quinta.org
The Board of Directors (the "Master Board") of the PGA West Master Association, Inc.
(the "Master Association") has formally considered the pending request of Crowne
Pointe, LLC ("Crown Pointe' for a one year extension of its Eden Rock development
entitlements (the "Application"). We understand that the hearing on the Application
before the City Council is being changed from April 19, 2011 to May 17, 2011.
Representatives of the Master Board have met with City Planning Department staff to
express concerns on the issues that impact the Master Association and to provide a
status report on compliance by Crowne Pointe with previously imposed conditions. In
addition, representatives of the Master Board met last week with Wayne Rembold,
managing member of Crowne Pointe. The Master Board offers the following comments
concerning the Application:
1. Green Fence. Condition # 16 of Resolution No. 2010-055 approving the
last extension required Crowne Pointe to:
310
I
"repair and/or replace, as necessary, all portions of the existing temporary
'green screen' fencing in all locations where it is visible .... so as to eliminate any
unsightly conditions."
Recent pictures of the green fence and adjacent vegetation were provided to City staff
at our meeting two weeks ago, and since then Crowne Pointe has trimmed the
vegetation in the last few days. However, it is clear that over the last year Crowne
Pointe has not fulled its obligation to maintain the green fence and in fact when raised
by the Master Association Crowne Pointe has argued (albeit inconsistently) that (i) the
green fence is not on its property and it therefore is not obligated to maintain the green
fence, and (ii) the Club (previously Morgan Stanley) has agreed to maintain the green
fence on behalf of Crowne Pointe and thus the Master Association should press the
Club for remedial work. It is clear to the Master Board that mere imposition of a
maintenance condition is not sufficient to assure compliance. The Master Association is
requesting that the City require Crowne Pointe to (i) maintain and/or replace the green
fence (consistent with condition #16, above), (ii) maintain and/or replace all vegetation
along the green fence, and (iii) post a cash deposit with the Master Association in an
amount agreed upon by the Master Association to assure that the Master Association
can step in and perform Crowne Pointe's obligations to maintain the green fence and
vegetation in the event Crowne Pointe fails to do so (to be included in the development
agreement discussed below). These obligations shouldcontinue until construction of
the perimeter wall as hereinafter provided.
2. Perimeter Wall Construction. We understand that Crowne Pointe has
applied for approval of its proposed perimeter wall and for a grading permit. The Master
Board believes that as a condition of the extension, Crowne Pointe should be obligated
to (i) obtain written approval of the Master Association to the design, construction
materials, adjacent landscaping and locations of gate and cart path access points
through the wall (which can be provided for in the development agreement), (ii)
commence construction of the perimeter wall within three (3) months of the granting of
the extension, but no later than August 1, 2011, (iii) diligently and continuously pursue
completion of the wall within three (3) months after commencement of construction, and
(iv) post a completion bond or provide a cash deposit to assure that construction of the
wall is timely completed.
3. Develorament Aareement. Condition #15 of Resolution No. 2010-055
approving the last extension required Crowne Pointe to:
"...provide a copy of an executed agreement with the PGA West Master
Association .... [to] be provided to the City with the initial construction -related
permit application(s) or activities, inclusive of grading or grading -related permits
or activities."
The Master Association has yet to finalize a development agreement with Crowne
Pointe, yet, Crown Pointe has applied for a grading permit without submitting the
required agreement. Since the development agreement is an obligation that should
have already been complied with by Crowne Pointe, the Master Board requests that no
extension be granted until the Master Association and Crowne Pointe have entered into
a development agreement covering maintenance and repairs to PGA West Blvd.,
access rights, easements, wall approval conditions, landscaping along PGA West Blvd,
reasonable construction limits, annexation of the project into the Master Association,
manned gate and transponder requirements, dues and assessments, patrol and
security, and other terms necessary for the integration of the project into the PGA West
community and residential associations.
4. Dust Control: Condition # 16 of Resolution No. 2010-055 approving the
last extension provided:
"The applicant [Crowne Pointe] shall maintain the site to avoid dust
blowing onto adjacent properties."
Crowne Pointe has failed to perform its dust control obligations. There has been
minimal dust control on the site over the last year. The most recent strong winds have
highlighted the problem with blowing dust. The Master Board believes that as a
condition of approval of an extension Crowne Pointe should be obligated to immediately
treat the surface of the land with a material approved by the City so that blowing dust is
eliminated, and that a regular, reoccurring process be required so that blowing dust is
substantially eliminated from the site.
5. Length of Extension. Based upon the foregoing, and assuming that
sufficient conditions and protections are imposed that address the foregoing issues, the
Master Board is not opposed to an extension. However, we feel that the extension be
to no later than November 30, 2011 so that we are able to hold Crowne Pointe
accountable for performance of the conditions imposed. An expiration date of
November 30, 2011 would also afford interested parties in the community the
opportunity to attend a hearing on another extension application, if made by Crowne
Pointe, when the majority of residents are in town for the season.
Thank you for your consideration of the foregoing.
Respectively submitted,
The PGA West Master Association, Inc.
By: Richard A. Hayes, President
" 312
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: r%%Les Johnson, Planning Director
A Tim Jonasson. Public Works Director
VIA: Thomas P. Genovese, City Mana �J
DATE: May 17, 2011
SUBJECT: REVISIONS TO EDEN ROCK SDP CONDITIONS — EXTENSION #2
On May 16, staff met with the applicant, relating to certain proposed condition
modifications to the Eden Rock project, Extension #2. As a result of that meeting,
staff concurred with the applicant on modification of the Conditions of Approval
(COA) as listed below. The conditions are numbered as per the recommended
conditions presented in your packet. Where text is provided in this memo, added/
revised text is shown in underlined bold font; deleted text is shown in strikethrough
form.
Staff would recommend that any motion to approve the extension include reference
to these modifications.
Revise Condition 4 as follows:
4. Except as set forth herein,—A4ier 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,
• Planning Department
• Riverside County Environmental Health Department
• Coachella Valley Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Regional Water Quality Control Board (CRWQCB)
• SunLine Transit Agency
313
• 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
improvement plans, the applicant shall furnish proof of such approvals when
submitting those improvement plans for City approval.
A California Construction General Permit must be obtained by the applicant, who
then shall submit a copy of the California Regional Water Quality Control Board's
(CRWQCB) 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.
Revise Condition 7.F as follows:
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 and golf course owner/operator.
Revise Condition 8 as follows:
8. Except as set forth herein, within Within 30 days of the initiation of any
material ground disturbing activity on the project site, the project applicant
pFepenent shall cause a protocol -compliant burrowing owl survey to be
completed, submitted to the Planning Department, and approved. Should
the species be identified on the site, the biologist's recommendations for
relocation shall be implemented prior to the issuance of any ground
disturbance permit.
Revise Condition 14 as follows:
14. Except as set forth herein, to To obtain an appFeved grading permit, the
applicant shall submit and obtain approval of all of the following:
A. A grading plan prepared by a civil engineer registered in the State of
California,
B. A preliminary geotechnical ("soils") report prepared by an engineer
registered in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with LQMC
Chapter 6.16, (Fugitive Dust Control), and
D. A Best Management Practices report prepared in accordance with
LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater
Discharge Permit and Storm Management and Discharge Controls).
E. WQMP prepared by an engineer registered in the State of California.
» 314
All grading shall conform with the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by soils engineer, or
engineering geologist registered in the State of California.
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. Additionally,
the applicant shall replenish said security if expended by the City of La Quinta to
comply with the Plan as required by the City Engineer.
Revise Condition 19.C. as follows:
C. The applicant develepef shall execute and/or obtain and record a Stormwater
Management/BMP Facilities Agreement that provides for the perpetual
maintenance and operation of stormwater BMPs.
Revise Condition 23 as follows:
23. The applicant shall repair and/or replace, as necessary, all portions of the
existing temporary "green screen" fencing in all locations where it is visible
(i.e. where not obscured entirely from view by existing vegetation) from any
point around the property, so as to eliminate any unsightly conditions. The
applicant shall maintain the site to avoid dust blowing onto adjacent
properties. This requirement shall be effective immediately and remain in
force until completion of the project perimeter wall. The City acknowledges
that portions of the green screen shall be removed or relocated as part of the
perimeter wall construction.
Delete Condition 50 in its entirety
Revise Condition 57 as follows:
57. After the construction of the perimeter wall, the The initial phase of project
improvements shall also include the full extent of the golf cart path
realignment as shown on the approved tentative map exhibit.
Conditions to be renumbered as necessary.
.0. 315
�� pz
Second Extension of Time for Site Development Permit 2006-852, Condition 22:
22. The applicant shall provide a copy of an executed agreement with the PGA West Master Association
("Master HOA"), for maintenance and potential repair associated with the use of PGA Boulevard for
construction activities associated with the Eden Rock project. The agreement shall be provided to
the City prior to issuance of grading or grading -related permits or activities. This requirement is
strictly to verify that the final agreement is in place prior to commencement of any on -site
construction, and is not intended to imply that the City of La Quinta is in any way a party to said
agreement. This condition shall not apply to permitting for the project perimeter wall or offsite
street improvements.
If the City determines in its sole discretion that the applicant has negotiated diligently and in good
faith with the Master HOA but has unable to finalize the agreement referenced in the last paragraph
by March 31, 2012, the City may, in its sole discretion, allow the applicant to guarantee the
performance of its repair obligation by taking the following alternative steps:
The applicant would have to apply for an encroachment permit and provide restoration funding
in the form and amount determined by the Public Works Director in his sole discretion. The
Public Works Director would require that all or a portion of the amount would be in the form of
a cash deposit with the City. The City Public Works Director would appoint and the applicant
pay all of the costs and fees for an independent third party engineering consultant to monitor
the conditions of PGA Boulevard, during the construction of the Eden Rock project (hereinafter
referred to as the "Independent Monitor"). The applicant's repair obligations shall extend to
any damage caused to PGA Boulevard by any construction activities associated with Eden Rock
as determined by the Independent Monitor. Prior to the commencement of any construction at
the Eden Rock project, the Independent Monitor shall record (using videotape or other
appropriate method) the current road conditions with time and date marking and provide the
City, the Master HOA and the applicant with copies of said record.
During the course of construction, the Independent Monitor shall make periodic site visits to
monitor and record the physical condition of PGA Boulevard and notify the Parties of any repair
work due to damage attributable to the development of the Eden Rock project. The
Independent Monitor will make a written report of any findings and provide a copy of that
report to the City, the Master HOA and the applicant.
Should the Independent Monitor find that damage to PGA Boulevard attributable to the
construction activity associated with Eden Rock has occurred, the applicant shall promptly repair
such damage, at its sole cost. The restoration shall return the roadway to its former condition,
both functionally and aesthetically. Should repairs to such damage not be completed in a timely
manner, as determined by the City Public Works Director, the City shall have the authority to
suspend the issuance of any construction -related permits until said repair work is completed
and/or the City may utilize the financial guarantee to repair the damage, at its discretion.
316
The Independent Monitor's scope of services shall remain in effect until construction of the
Eden Rock project is completed. "Completed" shall be defined as the point in time where all
final phase improvements, including building units, have been completed and accepted by the
City. A financial guarantee (bond or cash deposit) shall be established with and held by the City
until construction of the Eden Rock project is completed and all PGA Boulevard repairs, as
identified by the Independent Monitor, is completed to the satisfaction of the City Public Works
Director. Said financial guarantee shall cover the Independent Monitor's scope of services and
provide additional security to cover the expense of construction related repair work to PGA
Boulevard anticipated from the Eden Rock project.
317
FENCE MAINTENANCE AND PARKING LICENSE AGREEMENT
THIS FENCE MAINTENANCE AND PARKING LICENSE AGREEMENT (this
"Agreement") is hereby entered into this 17th day of May, 2011 ("Commencement Date") by
and between Eden Rock RPW, LLC, an Oregon Limited Liability Company ('Builder") and
Waldorf-Astoria Management, LLC, a Delaware limited liability company, as authorized agent
for MSR Golf Course, a Delaware limited liability company d.b.a. PGA WEST® ("MSR Golf
Course") as follows:
WHEREAS, Builder owns approximately 42 acres of real property located in PGA
WEST community (the "Property") on which Builder is developing the residential project
known as "Eden Rock" (the "Development') which is temporarily fenced with green screen
fencing ( the "Fencing");
WHEREAS, MSR Golf Course owns and manages the PGA WEST and its membership
club facilities which are located contiguous to the Property;
WHEREAS, the parties desire that MSR Golf Course maintain and/or repair as needed
any damage to the Fencing into such time as Builder constructs a permanent perimeter fence
( " Permanent Fence ") and that on the designated area within the Property, Builder agrees to
grant to the MSR Golf Course a revocable license for the limited use of the Property as an
overflow parking area for vehicles visiting that certain club house commonly known as The
Stadium Clubhouse ( "Licensed Premise");
NOW, THEREFORE, the parties agree as follows:
1. Term. This Agreement shall terminate on the later of either completion of
Permanent Fence or March 31, 2012.
2. Fence Maintenance and Repair. MSR Golf Course shall be responsible for all
maintenance or repair(s) to the Fence however attributable, including but not limited to periodic
trimming of vegetation growing on the Fence, repairing damage to the fabric attached to the
Fence and repairing of any damage of the Fence during up to the completion of construction of
the Permanent Fence. MSR Golf Course shall be responsible for the maintenance of the
temporary fence defined in Section 3 below after installation.
3. Repairs and Maintenance Licensed Premises. As a condition of entering into
this Agreement, MSR Golf Course shall during the term of this Agreement and at its sole cost
and expense, keep the Licensed Premises in as good condition and repair as they are at the
commencement date of this Agreement, reasonable wear and tear excepted. Builder shall meet
with an employee of MSR Golf Course to determine the location of the overflow parking on the
Licensed Premises. Builder agrees to erect a temporary construction fence surrounding the
overflow parking area as Builder prepares to build the perimeter wall, and will stabilize the
overflow parking area as soon as practical with a ground stabilizer.
4. Lawful Use. The MSR Golf Course will utilize the Licensed Premises in a lawful
manner and in compliance with all laws, ordinances, rules, regulations, permit requirements,
orders and directives of any governmental official, agency or entity of competent jurisdiction
EdevRockFenceMaintevevice 1 •• 318
orders including, without limitation, the City's zoning ordinance in effect as of the
Commencement Date.
5. Assignment and Sublicensing. This License shall not be assigned, nor shall any
part of the Licensed Premises be sublicensed by the MSR Golf Course to any person (including
business entity) without the prior written consent of the Builder in Builder's sole and absolute
discretion.
6. Acceptance of Premises. The MSR Golf Course accepts the Licensed Premises
on an "as -is" "where -as" basis and acknowledges that such premises were in satisfactory and
acceptable condition.
7. Taxes. The MSR Golf Course shall pay taxes (defined as sales or occupancy
related taxes only and not real or personal property taxes) levied as a result of the MSR Golf
Course's use of the Licensed Premises. Any taxes so assessed shall be paid by the MSR Golf
Course prior to the date on which they can no longer be paid without penalties or interest.
8. Indemnity.
a. MSR Golf Course shall hold the Builder (including for purposes of this
paragraph, its officers and employees) harmless from, indemnify it for and
defend it (with legal counsel reasonably acceptable to the Builder) against any
liability for damage, injury or other casualty and costs or expenses, including
reasonable attorneys' fees, caused or arising from any act, use or occupancy or
negligence by or of MSR Golf Course or any of its agents, members, visitors,
MSR Golf Courses or employees occurring during the term of this Agreement
on the Licensed Premises.
b. Builder shall hold the MSR Golf Course (including for purposes of this
paragraph, its officers and employees) harmless from, indemnify it for and
defend it (with legal counsel reasonably acceptable to the MSR Golf Course)
against any liability for damage, injury or other casualty and costs or
expenses, including reasonable attorneys' fees, caused or arising from any act,
use or occupancy or negligence by or of Builder or any of its agents, or
employees occurring during the term of this Agreement during the
maintenance and/or repair of the Fence.
8. Insurance. The MSR Golf Course will procure, at its sole cost and expense,
commercial general liability and property casualty insurance with insurance companies and will
maintain at all times during the term of this Agreement Commercial General Liability Insurance
in a single limit amount of $1,000,000. All policies shall name the Builder, including its officers
and employees, as an additional insured. Copies of certificates of insurance showing the
coverage to be in place, and that 30 days prior written notice to the Builder is required in the
event of cancellation, shall be provided to the Builder upon execution of the Agreement.
9. Right of Entry. The Builder and its agents shall have the right to enter the
Licensed Premises at such reasonable times as will not interfere with the MSR Golf Course's use
of the License Premises pursuant to this Agreement.
10. Miscellaneous.
a. Prevailing Party's Clause. The prevailing party of any dispute arising between
the parties shall be entitled to be reimbursed for attorneys fees and costs,
regardless of whether a legal proceeding is instituted or not.
b. No Waiver. The failure of a party to enforce any provision of this Agreement in
any certain instance or particular occasion shall not be deemed a waiver of such
right to claim future breach of the same.
c. Severability. Invalidation of any one or portion of these provisions shall in no
way affect any other provision which shall remain in full force and effect.
d. Notices. Any notice or communication regarding this Agreement shall be
delivered by personal delivery, regular U.S. Mail or certified mail to the
following:
To MRS Golf Course: Waldorf-Astoria Management
c/o General Manager
49-499 Eisenhower Dr
La Quinta, CA 92253
To Builder: Eden Rock RPW, LLC
c/o Wayne Reinhold
Reinhold Properties LLC
1022 SW Salmon Fence, Suite 450
Portland, Oregon 97205
e. Governing Law\Entire Agreement. Any dispute or matter arising out of this
Agreement shall be governed and interpreted pursuant to the laws of the State of
California.
f. Complete Agreement. This Agreement constitutes the entire agreement between
the parties, and any prior agreements, promises, discussions, negotiations or
representations not expressly set forth in this Agreement are of no force and
effect.
g. Modification. This Agreement may only be modified in writing signed by either
parties, or their respective successors in interest.
SIGNATURES ON FOLLOWING PAGE
320
EdcnRockEeoceMeinmiunce
MSR GOLF COURSE: WALDORF-ASTORIA MANAGEMENT, LLC,
a Delaware limited liability company,
as authoriz16
MSR GOLF OURSE, LC
d.b.a PGA WE
0
Its:
BUILDER: EDEN ROCK RPW, LLC,
an Oregon limiteOIiability company
Name:
Its:
• 3�1