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2017 12 05 CC CITY COUNCIL AGENDA 1 DECEMBER 5, 2017 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, DECEMBER 5, 2017 AT 4:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PLEDGE OF ALLEGIANCE CLOSED SESSION – None CONFIRMATION OF AGENDA PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA 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. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. LEGISLATIVE UPDATE BY CITY LOBBYIST JOE A. GONSALVES AND SON CONSENT CALENDAR – CITY COUNCIL NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF NOVEMBER 21, 2017 7 2. AUTHORIZE OVERNIGHT TRAVEL FOR FACILITIES DIRECTOR TO ATTEND THE GOLF INDUSTRY CONFERENCE IN SAN ANTONIO, TEXAS, 15 City Council agendas and staff reports are available on the City’s web page: www.laquintaca.gov CITY COUNCIL AGENDA 2 DECEMBER 5, 2017 FEBRUARY 4 – 8, 2018 3. APPROVE RECIPIENT FOR THE 2018 SENIOR INSPIRATION AWARD 17 4. ADOPT ORDINANCE NO. 563 AT SECOND READING AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY DEFINITIONS, PROCESS AND ADD AN APPEAL PROCESS SECTION FOR SHORT-TERM VACATION RENTALS 43 5. APPROVE DEMAND REGISTER DATED NOVEMBER 17, 2017 57 6. ADOPT A RESOLUTION TO APPROVE THE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 33085, SOUTH ORCHARDS, LOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE [RESOLUTION NO. 2017-057] 67 7. APPROVE THE COOPERATIVE AGREEMENT AND FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY AMONG THE CITIES OF INDIO, LA QUINTA, COACHELLA, AND COUNTY OF RIVERSIDE FOR THE COST OF A LADDER TRUCK COMPANY 85 8. RECEIVE AND FILE FISCAL YEAR 2016/17 ART IN PUBLIC PLACES ANNUAL REPORT 101 9. APPROVE DECLARATION AND DISPOSAL OF SURPLUS EQUIPMENT 105 10. APPROVE DECLARATION AND DISPOSAL OF SURPLUS VEHICLES 113 11. APPROVE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES TO PREPARE A SYSTEMIC TRAFFIC SAFETY ANALYSIS REPORT 115 12. AWARD CONTRACT TO SPOHN RANCH SKATEPARKS FOR DESIGN / BUILD SERVICES FOR THE SKATE PARK AT FRITZ BURNS PARK 167 BUSINESS SESSION 1. SELECT MAYOR PRO TEMPORE TO SERVE FOR ONE YEAR 177 2. INTRODUCE AN ORDINANCE AMENDING SPECIFIED CHAPTERS IN THE MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPEALS AND SERVICE OF OFFICIAL CITY NOTICES [ORDINANCE NO. 564] 179 CITY COUNCIL AGENDA 3 DECEMBER 5, 2017 5:00 P.M. RECESS MEETING TO CITY HALL’S ANNUAL OPEN HOUSE MEET AND GREET 6:00 P.M. MAYOR EVANS RECONVENES THE CITY COUNCIL MEETING PUBLIC HEARINGS – 5:00 p.m. or as soon as practical thereafter 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(s). If you challenge a project(s) 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 at, or prior to the public hearing. 1. ADOPT A RESOLUTION CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTION 9.100.210 OF THE LA QUINTA MUNICIPAL CODE RELATING TO AN EXEMPTION FOR GOLF COURSE MAINTENANCE [RESOLUTION NO. 2017-058; ORDINANCE NO. 565] 221 2. ADOPT A RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE BY ADDING CERTAIN APPEAL FEES AND A CLARIFYING FOOTNOTE [RESOLUTION NO. 2017-059] 345 STUDY SESSION 1. DISCUSS EMERGENCY SERVICES EXERCISES AND ROLES 357 DEPARTMENTAL REPORTS 1. CITY MANAGER – DESERT JET EVICTION 359 2. CITY ATTORNEY – UPDATE REGARDING RIVERSIDE COUNTY GRAND JURY CITIZEN COMPLAINT FORM DATED SEPTEMBER 22, 2016 361 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT 6. FACILITIES 7. FINANCE – APPROVED LAST AND FINAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE 363 MAYOR’S AND COUNCIL MEMBERS’ ITEMS CITY COUNCIL AGENDA 4 DECEMBER 5, 2017 REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. EAST VALLEY COALITION (Evans) 5. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi) 10. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Fitzpatrick) 11. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 12. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick and Radi) 13. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick and Peña) 14. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 15. CVAG PUBLIC SAFETY COMMITTEE (Peña) 16. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 17. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Peña) 18. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Peña) 19. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi) 20. CVAG TRANSPORTATION COMMITTEE (Radi) 21. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Radi) 22. SUNLINE TRANSIT AGENCY (Radi) 23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi and Sanchez) 24. ANIMAL CAMPUS COMMISSION (Sanchez) 25. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Sanchez) 26. HOUSING COMMISSION MINUTES DATED SEPTEMBER 13, 2017 369 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on December 19, 2017, at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, California 92253. CITY COUNCIL AGENDA 5 DECEMBER 5, 2017 DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on November 30, 2017. DATED: November 30, 2017 SUSAN MAYSELS, City Clerk City of La Quinta, California Public Notices  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the City Council, arrangements 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 Councilmembers 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(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 6 CITY COUNCIL MINUTES Page 1 of 8 NOVEMBER 21, 2017 CITY COUNCIL MINUTES TUESDAY, NOVEMBER 21, 2017 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 4:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PLEDGE OF ALLEGIANCE Mayor Pro Tem Radi led the audience in the pledge of allegiance. CLOSED SESSION – None CONFIRMATION OF AGENDA City Manager Spevacek requested to move Consent Calendar Item No. 6, adopting Ordinance No. 562 to Business Session Item No. 3. Council concurred. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Debora Hardy, La Quinta – congratulated staff on the success of the November 18th Village Make event, previewing the City’s plan to make the Village and Old Town more pedestrian and bicycle friendly, and for the Brew In LQ craft beer festival. Ms. Hardy thanked staff for their time, efforts, and enthusiasm. She also expressed her gratitude to staff for completing the pavement on Avenida Montezuma. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 1. APPROVE MINUTES OF NOVEMBER 7, 2017 2. APPROVE DEMAND REGISTERS DATED NOVEMBER 3 AND 10, 2017 3.RECEIVE AND FILE FIRST QUARTER 2017/18 TREASURY REPORTS FOR JULY, AUGUST, AND SEPTEMBER 2017 CONSENT CALENDAR ITEM NO. 1 7 CITY COUNCIL MINUTES Page 2 of 8 NOVEMBER 21, 2017 4. APPROVE SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITY HALL MISCELLANEOUS INTERIOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT (PROJECT NO. 2017-03) 5. AUTHORIZE OVERNIGHT TRAVEL FOR TRAFFIC SIGNAL SUPERVISOR TO ATTEND INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION CERTIFICATION COURSE IN HAWTHORNE, CALIFORNIA, DECEMBER 4-7, 2017 6. Pulled from Consent Calendar by City Manager Spevacek and moved to Business Session Item No. 3 >>> ADOPT ORDINANCE NO. 562 AT SECOND READING AMENDING SECTIONS OF TITLES 8, 9, AND 13 OF THE LA QUINTA MUNICIPAL CODE TO STREAMLINE DEVELOPMENT PROCESS AND STANDARDS; CEQA: EXEMPT PURSUANT TO SECTION 15061 (b)(2) REVIEW OF EXEMPTIONS – GENERAL RULE 7. APPROVE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM, AND APPROPRIATE FUNDING IN FISCAL YEAR 2017/18 BUDGET 8. APPROVE PURCHASE OF A REPLACEMENT HEAVY EQUIPMENT TRUCK FROM COMMERCE TRUCK & EQUIPMENT SALES FOR TRAFFIC SIGNAL MAINTENANCE MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item Nos. 1 – 5, 7, and 8. Motion passed unanimously. BUSINESS SESSION 1. APPROVE CANCELLATION OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 2, 2018 Council waived presentation of the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve cancellation of the regular City Council meeting of January 2, 2018. Motion passed unanimously. 2. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY DEFINITIONS AND PROCESSES, AND ADD AN APPEAL PROCESS SECTION FOR SHORT-TERM VACATION RENTALS (STVR) [ORDINANCE NO. 563] Vacation Rental/License Assistant Mendoza, Code Compliance Supervisor Meredith, Permit Operations Supervisor Sanchez, and Code Compliance Officer Escatel presented the staff report, which is on file in the Clerk’s Office. 8 CITY COUNCIL MINUTES Page 3 of 8 NOVEMBER 21, 2017 Council discussed the need to reference the California Vehicle Code in Section 3.25.090 (B) – Permit Modification, Suspension and Revocation to ensure safety traffic control and overnight parking compliance for STVR events; compliance requirements with the property’s covenants and restrictions; the current number of STVR registered properties; the City’s progress on making online payments available for business license and STVR permit applications; and the successful transition to the City’s new STVR compliance vendor. MOTION --- A motion was made and seconded by Councilmembers Radi/Peña to take up Ordinance No. 563 by title and number only and waive further reading. Motion passed unanimously. Deputy City Clerk Radeva read the following title of Ordinance No. 563 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS MOTION – A motion was made and seconded by Councilmembers Radi/Peña to introduce at first reading Ordinance No. 563 as recommended. Motion passed unanimously. 3. Moved from Consent Calendar Item No. 6 >>> ADOPT ORDINANCE NO. 562 AT SECOND READING AMENDING SECTIONS OF TITLES 8, 9, AND 13 OF THE LA QUINTA MUNICIPAL CODE TO STREAMLINE DEVELOPMENT PROCESS AND STANDARDS; CEQA: EXEMPT PURSUANT TO SECTION 15061 (b)(2) REVIEW OF EXEMPTIONS – GENERAL RULE City Manager Spevacek and Planning Manager Perez presented the staff report, which is on file in the Clerk’s Office. City Attorney Ihrke said Ordinance No. 562 would have to be re-introduced if Council would like to amend the language to include the proposed nine-words revision to Section 9.150.080 subdivision (K)(3)(c) of the Municipal Code recommended by the public comment received after Ordinance No. 562 was introduced on November 7, 2017. Council reached a consensus to move forward with adopting Ordinance No. 562 as introduced and directed staff to bring back the suggested additions at a later time. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Ordinance No. 562 at second reading. Motion passed unanimously. 9 CITY COUNCIL MINUTES Page 4 of 8 NOVEMBER 21, 2017 ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – Continued Riverside County Fire Chief LaClair introduced James Wadund, a long time La Quinta resident, graduate of La Quinta High School, former explorer with the Fire Department, who recently graduated from the College of the Desert Fire Academy, and was selected for Michigan Career and Technical Institute paramedic training program. Mr. Wadund’s goal is to return and serve La Quinta after he completes his training. Mr. Wadland thanked the Council and the City for providing high-quality education and ample volunteer opportunities to its youth, which have enabled him to engage with the community and give back as a young adult. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER: Denise Wilson, President and CEO of Desert Jet located at the Jacqueline Cochran Regional Airport in Thermal – provided a brief history of the company, its services, and growth; explained she entered into an agreement with Riverside County in 2015 to build a new facility for Desert Jet which has now been revoked; and asked for Council’s support in getting this project back on track. Councilmember Peña said Riverside County Board of Supervisors will be providing a report on this matter to the Jacqueline Cochran Regional Airport Commission (JCRAC). PUBLIC SPEAKER: Steve Main, General Manager, Desert Jet Charter Division, VP of Business Development – said the team of Desert Jet would like to attend the next JCRAC meeting and participate in the discussion on this matter. PUBLIC SPEAKER: Brad Elliot, General Manager, Desert Jet Center Division– spoke of the unique and exceptional services Desert Jet offers to its customers and the benefits the company brings to the local community. Mr. Elliot reiterated Desert Jet team’s desire to attend the next JCRAC meeting and be able to participate in the discussion on this matter. PUBLIC SPEAKER: James Logue, General Manager, Desert Jet Maintenance Division– spoke of the employment opportunities Desert Jet offers to the local community in the field of aircraft maintenance. PUBLIC SPEAKER: Chris Little, Chief Marketing Officer, Desert Jet – spoke of the diversity of services Desert Jet offers and its growth potential; and asked for Council’s support of this project. 10 CITY COUNCIL MINUTES Page 5 of 8 NOVEMBER 21, 2017 STUDY SESSION 1. RECEIVE AND FILE FISCAL YEAR 2016/17 GENERAL FUND YEAR-END BUDGET REPORT Finance Director Campos presented the staff report, which is on file in the Clerk’s Office. Council discussed general fund revenue sources and expenses; carryovers and overall general fund budget savings by all departments for fiscal year 2016/17. Council concurred on the overall financial health and stability of the City and said it is very well managed. Council commended staff for the well prepared 2016/17 General Fund Year-End Budget Report which was easy to follow and understand; and asked that it be made available online. 2. DISCUSS A MULTI-AGENCY PARTICIPATING AGREEMENT FOR COACHELLA VALLEY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND PARTICIPATING CITIES OF LA QUINTA, CATHEDRAL CITY, DESERT HOT SPRINGS, COACHELLA, RANCHO MIRAGE, INDIO, PALM DESERT, PALM SPRINGS, AND THE COUNTY OF RIVERSIDE Management Specialist Mignogna and Traffic Signal Maintenance Supervisor Gunterson presented the staff report, which is on file in the Clerk’s Office. Council discussed the terms of the multi-agency participating agreement for Valley regional traffic signal synchronization; the use of Congestion Management Air Quality federal funding; the consistency of this project with the overall regional economic efforts throughout the Coachella Valley; the infrastructure required to achieve signal synchronization between the multiple agencies and associated costs; the need to update the City’s traffic signal equipment which was installed in the late 1980s; autonomous vehicles connectivity with traffic signals; ensuring the traffic signal equipment upgrade, secured by the City’s federal grant, provides sufficient bandwidth to support the valley-wide signal synchronization as well as autonomous vehicles, signal observation cameras, and any perceived future needs; anticipated disruption of traffic during the installation/upgrade of conduits; no conduit installation would be required for La Quinta, only minor encroachments; ensuring the Dune Palms bridge project includes the installation of traffic conduits and fiber-optics; determining the level of access to the City’s controllers and equipment necessary for the synchronization; reasons for cities not to participate in this agreement would include giving up local traffic control and the ability to make adjustments instantaneously, and deferring it to a regional agency which could cause response-time delays; the process and turn-around response time to signal changes after synchronization would be established and agreed upon by members representing each participating agency; 11 CITY COUNCIL MINUTES Page 6 of 8 NOVEMBER 21, 2017 and the maintenance of City’s traffic infrastructure will remain at the local level, the signal synchronization integration would be achieved through software. Council directed staff to bring back this item as a business session following the Transportation Systems Management and Operations Committee’s (TAC) meeting on January 8, 2018. 3. DISCUSS PROPOSAL TO LEASE A PORTION OF VACANT SILVERROCK PROPERTY TO INSTALL TEMPORARY POP-UP LODGING DURING THE 2018 FESTIVAL SEASON Marcie Graham, Marketing and Communications, presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Raphael Aguirre, Chief Operating Officer with Festival Lodging, Cloud 9 Village – provided detailed information on the proposed Cloud 9 Village design ; and answered the Council’s questions regarding the total number, size, and cost of the units; the layout of the temporary complex and the amenities offered, including individual, generator-powered air conditioning units; the ability to do underground or above-ground pool; anticipated noise levels; coordinating transportation for event- goers with Golden Voice to ensure the complex is a scheduled shuttle stop; bike amenities; the temporary structures’ wind resistance; on-site security and patrol; unit’s locking zipper system; self-contained outside washing facilities; build-out and take-down timeframes; possible soft-opening a month before the festivals to allow the management team an opportunity to address all aspects of the operations; on- site third-party food vendor trucks; on-site emergency medical technician; age- restrictions; pet restrictions; and designated smoking section and the use of cannabis. Council discussed the importance of giving ample and proper notice to the surrounding residential communities and providing opportunities to receive feedback and address concerns; allowing residents to walk-through and inspect the facility; permits that would be required to obtain City approval; access points; and the property’s zoning designation. Staff noted that before this proposal can move forward the City would have to obtain the consent of Robert Green Company and enter into an agreement to use the land for this temporary project; this agreement would have to be considered and approved by Council. Then the applicant would need to obtain a Temporary Use Permit from the City. Council was in support of the project and directed staff to begin communication with Robert Green Company to determine if this project can move forward. 12 CITY COUNCIL MINUTES Page 7 of 8 NOVEMBER 21, 2017 PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmembers commended staff on the success of both events held on November 18 – (1) Village Make event showcasing plans to make the Village and Old Town more pedestrian and bicycle friendly and (2) Brew In LQ craft beer event. Mayor Evans announced that Southern California Association of Governments presented La Quinta with a certificate of appreciation for the Village Make event for the City’s leadership and contributions as a go-human active transportation champion and proven commitment to work collaboratively to promote safety, mobility, and health within the community and the region. Councilmembers reported on the great turn-out for the November 11 Veteran’s Day celebration, and expressed their gratitude to staff for organizing the event. Mayor Evans thanked the La Quinta Rotary Club for their participation and support. Councilmember Fitzpatrick toured the Coachella Valley Housing Coalition sites and said they have been providing the Coachella Valley with very positive and high-quality housing services and products for 35 years. Councilmembers Fitzpatrick and Radi volunteered at the Friends of the Desert Mountains event on November 18 and were very happy to contribute and engage with the community. Mayor Evans and councilmembers attended the Riverside County Police and Fire Departments’ appreciation luncheon where Fire Captain Matthew Kotz and Deputy Daniel DiMaggio were recognized for their service, amongst others. Mayor Evans said the Special Joint Meeting between the La Quinta Housing Authority and Housing Commission held on November 20, 2017, was very informative and the recommendations were supportive of both the regional homelessness issue as well as enhancing on-going support for the local homeless shelters and services. Councilmember Radi added that Council considered allocating $103,000 to each of the organizations giving them an equal opportunity for enhancement, which would also allow Council to correspondingly evaluate their progress. 13 CITY COUNCIL MINUTES Page 8 of 8 NOVEMBER 21, 2017 REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2017, Mayor Evans reported on her participation in the following organization’s meeting:  CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE La Quinta’s representative for 2017, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  COACHELLA VALLEY MOUNTAINS CONSERVANCY La Quinta’s representative for 2017, Councilmember Peña reported on his participation in the following organizations’ meetings:  CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE  JACQUELINE COCHRAN REGIONAL AIRPORT  EAST VALLEY COALITION La Quinta’s representative for 2017, Councilmember Radi reported on his participation in the following organizations’ meetings:  COACHELLA VALLEY ECONOMIC PARTNERSHIP  CVAG TRANSPORTATION COMMITTEE  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2017, Councilmember Sanchez reported on his participation in the following organization’s meeting:  AD HOC COMMITTEE TO EVALUATE CITY CANNABIS OPTIONS (Peña & Sanchez) Council reached a consensus and directed staff to schedule the Desert Jet project for review and consideration. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 6:14 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Deputy City Clerk City of La Quinta, California 14 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FACILITIES DIRECTOR TO ATTEND THE GOLF INDUSTRY CONFERENCE IN SAN ANTONIO, TEXAS, FEBRUARY 4-8, 2018 RECOMMENDATION Authorize overnight travel for the Facilities Director to attend the Golf Industry Conference in San Antonio, Texas, February 4-8, 2018. EXECUTIVE SUMMARY The Golf Industry Conference is an annual event presented by the Golf Course Superintendents Association and National Golf Course Owners Association in partnership with the other leading golf industry associations. The 2018 conference and trade show is held in San Antonio, Texas. The Facilities Director has maintained a professional certification by attending this event annually and taking courses for continuing education units. FISCAL IMPACT Estimated cost is $1,800, and includes registration and lodging. Funds are available in the 2017/18 SilverRock budget (Account No. 601-0000-60320). BACKGROUND/ANALYSIS The Facilities Director attends the annual Golf Industry Conference as a means to earn continuing education units necessary to maintain the professional certification. This certification is on a five-year renewal cycle. The Director has maintained this certification for nearly 20 years. The courses taken at this conference would include; Best Management Practices for Success, Managing Asset Reserves, The High Profile Job Market, and Workplace Culture. ALTERNATIVES Council may elect not to approve this request. Prepared by: Steve Howlett, Facilities Director Approved by: Frank Spevacek, City Manager CONSENT CALENDAR ITEM NO. 2 1515 1616 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: APPROVE RECIPIENT FOR THE 2018 SENIOR INSPIRATION AWARD RECOMMENDATION Approve Pat Clapp as the La Quinta recipient for the 2018 Senior Inspiration Award. EXECUTIVE SUMMARY Riverside County’s Senior Inspiration Award recognizes and honors outstanding senior citizens for their volunteer involvement. Each Coachella Valley city nominates a resident. City staff requested nominations and received seven nominees. The Community Services Commission reviewed the nominations and recommends Pat Clapp. FISCAL IMPACT- None BACKGROUND/ANALYSIS Every year, the County of Riverside and Coachella Valley cities select a senior citizen, 65 or older, who best demonstrates “a zest for the physical and mental well-being through volunteerism and active engagement in the community.” Staff solicited nominations (Attachment 1) from: Greater Coachella Valley Chamber of Commerce, La Quinta Historical Society, La Quinta Rotary Club, Friends of the La Quinta Library, La Quinta Arts Foundation, La Quinta Cove Neighborhood Association, Friends of the Desert Mountains, Trilogy, Desert Classic Charities, Riverside County Sheriff (La Quinta Police), Riverside County Fire, La Quinta Library and La Quinta Museum. A call for nominees was published in the Gem and Instagram. The following nominations were received: David Marzane, La Quinta resident - George Batavick La Quinta Arts Foundation - Patricia Byrne Wellness Center - Pat Clapp La Quinta Arts Foundation - Loretta Currie Friends of the La Quinta Library - Susan Davis Riverside County Fire - Judith Hoffman Dianne Lynn Benanti - Kathy Kronemeyer CONSENT CALENDAR ITEM NO. 3 17 Only one nomination can be submitted from each Coachella Valley city. All seven nominees meet the award criteria. The Community Services Commission reviewed the nominations and unanimously recommended Pat Clapp for the 2018 Senior Inspiration Award recipient. Attachment 2 provides biographical summaries of the seven nominees. Pat Clapp has volunteered at the Wellness Center (former La Quinta Senior Center) for over 10 years. She helps with monthly luncheons, special events such as the annual Health Fair and Talent Showcase, and assists with weekly bread distribution through the FIND Food Bank. She also volunteers with children at the Barbara Sinatra Center for abused children and other organizations. The award will be presented at the annual Senior Inspiration Awards luncheon on Friday, April 20, 2018 at the JW Marriot Desert Springs in Palm Desert. ALTERNATIVES Mrs. Clapp meets the criteria and the Community Services Commission unanimously recommended her; staff does not recommend an alternative. Prepared by: Christina Calderon, Community Resources Manager Approved by: Chris Escobedo, Community Resources Director Attachments: 1. Letter requesting nominations 2. Nomination forms with biographical information on all seven nominees 18      19 20 Riverside County Supervisor V. Manuel Perez presents 26TH ANNUAL SENIOR INSPIRATION AWARDS Friday, April 20, 2018 The Senior Inspiration Awards is a beloved event in its 26th year. Every year, the County of Riverside and the Coachella Valley's nine cities honor senior citizens 65 years of age and older who inspire others through their volunteerism and active engageme nt in the community. This annual event honors these unsung heroes for their ongoing contribution and dedication to our communities. If you would like to nominate someone for this honor, please complete this form and return to Christina Calderon, Community Resources Analyst, via email at ccalderon@la-quinta.org or by mail at 78450 Avenida La Fonda, La Quinta, CA 92253 Official City Nomination Form Deadline: Tuesday, October 31, 2017 Eligible recipients must: •Be at least 65 years old •Reside and/or volunteer in nominating city •Be actively involved in community affairs for a lengthy period of time •Deserve recognition they may not otherwise receive for his or her service to the community •Personify a healthy, active, and contributing attitude and lifestyle Nominee Name of Nominee _______________________________________________ Phone ______________ Mailing Address __________________________________________________________________ Email ___________________________________________________________________ Organization Individual Volunteers With _________________________________________________________________ Years with Organization ____________________________________________________________________________ Nominator Name of Nominator _______________________________________________ Phone ______________ City ___________________________________________ Email __________________________ Reason for Nomination George Batavick 81235 Alydar Ct. La Quinta, CA 92253 City of La Quinta and the Find Food Bank 2-3 years David Marzane ( La Quinta, CA George Batavick has been volunteering with the FIND Food Bank for the 2 years, first serving on the Audit Committee and then joing the Board of Directors; in May he was elected Vice-Chair. He actively seeks and supports other who are interested in volunteering and learning more about the food bank. Mr. Batavick is a vocal, passionate advocate in the fight against hunger, helping keep the subject part of our collective community discussion, expecially on behalf of the seniors. (Continued on next page) 21 22 23 24 Riverside County Supervisor V. Manuel Perez presents 26TH ANNUAL SENIOR INSPIRATION AWARDS Friday, April 20, 2018 The Senior Inspiration Awards is a beloved event in its 26th year. Every year, the County of Riverside and the Coachella Valley's nine cities honor senior citizens 65 years of age and older who inspire others through their volunteerism and active engageme nt in the community. This annual event honors these unsung heroes for their ongoing contribution and dedication to our communities. If you would like to nominate someone for this honor, please complete this form and return to Christina Calderon, Community Resources Analyst, via email at ccalderon@la-quinta.org or by mail at 78450 Avenida La Fonda, La Quinta, CA 92253 Official City Nomination Form Deadline: Tuesday, October 31, 2017 Eligible recipients must: •Be at least 65 years old •Reside and/or volunteer in nominating city •Be actively involved in community affairs for a lengthy period of time •Deserve recognition they may not otherwise receive for his or her service to the community •Personify a healthy, active, and contributing attitude and lifestyle Nominee Name of Nominee _______________________________________________ Phone ______________ Mailing Address ___________________________________________________________________________________ Email ___________________________________________________________________ Organization Individual Volunteers With _________________________________________________________________ Years with Organization ____________________________________________________________________________ Nominator Name of Nominator _______________________________________________ Phone ____ City ___________________________________________ Email ___________________________ Reason for Nomination Patricia Byrne 61395 Fire Barrel Dr. La Quinta, CA 92253 La Quinta Arts Foundation 10 years at both La Quinta Arts Festival and Art Under the Umbrellas. Christi Salamone, President and CEO La Quinta Pat Byrne is an assset to our community by volunteering at the La Quinta Arts Festival; she is an active member of La Quinta CERT Team; and she is in charge of First Aid Team and Emergency Preparedness at Trilogy. Pat is also a member of the Hiking Club and organizes informal weekly walking excursions, as well as actively supporting the Coachella Valley Rescue Mission. 25 26 Riverside County Supervisor V. Manuel Perez presents 26TH ANNUAL SENIOR INSPIRATION AWARDS Friday, April 20, 2018 The Senior Inspiration Awards is a beloved event in its 26th year. Every year, the County of Riverside and the Coachella Valley's nine cities honor senior citizens 65 years of age and older who inspire others through their volunteerism and active engageme nt in the community. This annual event honors these unsung heroes for their ongoing contribution and dedication to our communities. If you would like to nominate someone for this honor, please complete this form and return to Christina Calderon, Community Resources Analyst, via email at ccalderon@la-quinta.org or by mail at 78450 Avenida La Fonda, La Quinta, CA 92253 Official City Nomination Form Deadline: Tuesday, October 31, 2017 Eligible recipients must: •Be at least 65 years old •Reside and/or volunteer in nominating city •Be actively involved in community affairs for a lengthy period of time •Deserve recognition they may not otherwise receive for his or her service to the community •Personify a healthy, active, and contributing attitude and lifestyle Nominee Name of Nominee _______________________________________________ Phone ______________ Mailing Address ___________________________________________________________________________________ Email ______________________________________________________________________ Organization Individual Volunteers With _________________________________________________________________ Years with Organization ____________________________________________________________________________ Nominator Name of Nominator _______________________________________________ Phone ______________ City ___________________________________________ Email ____________________________________________ Reason for Nomination Patricia "Pat" Clapp 476718 Florida Ave. Palm Desert, CA 92211 La Quinta Wellness Center Over 10 La Quinta Wellness Center La Quinta, CA 92253 ccalderon@la-quinta.org Pat has volunteered at the Wellness Center (La Quinta Senior Center) for over 10 years. She helps with the monthly luncheons, occassional events and weekly free bread distribuition program. Pat always greets people and loves to joke around and make people laugh. She also volunteers with children at the Barbara Sinatra Center for abused children and other organizations. She volunteered for the 1984 U.S. Summer Olympic Games and spent 10 years volunteering with the American Cancer Society in the Los Angeles area. Pat is also one of the founding members of the Culver City Historical Society. 27 28 Riverside County Supervisor V. Manuel Perez presents 26TH ANNUAL SENIOR INSPIRATION AWARDS Friday, April 20, 2018 The Senior Inspiration Awards is a beloved event in its 26th year. Every year, the County of Riverside and the Coachella Valley's nine cities honor senior citizens 65 years of age and older who inspire others through their volunteerism and active engageme nt in the community. This annual event honors these unsung heroes for their ongoing contribution and dedication to our communities. If you would like to nominate someone for this honor, please complete this form and return to Christina Calderon, Community Resources Analyst, via email at ccalderon@la-quinta.org or by mail at 78450 Avenida La Fonda, La Quinta, CA 92253 Official City Nomination Form Deadline: Tuesday, October 31, 2017 Eligible recipients must: •Be at least 65 years old •Reside and/or volunteer in nominating city •Be actively involved in community affairs for a lengthy period of time •Deserve recognition they may not otherwise receive for his or her service to the community •Personify a healthy, active, and contributing attitude and lifestyle Nominee Name of Nominee _______________________________________________ Phone _____________ Mailing Address ___________________________________________________________________________________ Email _____________________________________________________________________ Organization Individual Volunteers With _________________________________________________________________ Years with Organization ____________________________________________________________________________ Nominator Name of Nominator _______________________________________________ Phone ____ City ___________________________________________ ___________________________ Reason for Nomination Loretta Currie 55930 Cherry Hills Drive La Quinta, CA 92253 La Quinta Arts Foundation 13 years as a docent for the 4th & 5th grade art program and La Quinta Arts Festival Chairperson. Christi Salamone, President & CEO La Quinta c Lori Currie dedicates her time and energy throughout the Coachella Valley. She serves on an HOA at PGA West, is docent at The Living Desert, and is a volunteer at Eisenhower Medical Center in Rancho Mirage and also at La Quinta. Lorie is also an RSVP (Retired Senior Volunteer Program) volunteer as a teacher aid for math and reading at various schools. She also is serving her first term as a La Quinta Planning Commissioner.29 30 Riverside County Supervisor V. Manuel Perez presents 26TH ANNUAL SENIOR INSPIRATION AWARDS Friday, April 20, 2018 The Senior Inspiration Awards is a beloved event in its 26th year. Every year, the County of Riverside and the Coachella Valley's nine cities honor senior citizens 65 years of age and older who inspire others through their volunteerism and active engageme nt in the community. This annual event honors these unsung heroes for their ongoing contribution and dedication to our communities. If you would like to nominate someone for this honor, please complete this form and return to Christina Calderon, Community Resources Analyst, via email at ccalderon@la-quinta.org or by mail at 78450 Avenida La Fonda, La Quinta, CA 92253 Official City Nomination Form Deadline: Tuesday, October 31, 2017 Eligible recipients must: •Be at least 65 years old •Reside and/or volunteer in nominating city •Be actively involved in community affairs for a lengthy period of time •Deserve recognition they may not otherwise receive for his or her service to the community •Personify a healthy, active, and contributing attitude and lifestyle Nominee Name of Nominee _______________________________________________ Phone _____________ Mailing Address ___________________________________________________________________________________ Email ___________________________________________________________________ Organization Individual Volunteers With _________________________________________________________________ Years with Organization ____________________________________________________________________________ Nominator Name of Nominator _______________________________________________ Phone ____________ City ___________________________________________ Email _______________________ Reason for Nomination _________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ Susan Davis 60580 Desert Rose Dr. La Quinta, CA 92253 CVHS Health Academy 6 Gayl Biondi La Quinta See Attached 31 32 33 Riverside County Supervisor V. Manuel Perez presents 26TH ANNUAL SENIOR INSPIRATION AWARDS Friday, April 20, 2018 The Senior Inspiration Awards is a beloved event in its 26th year. Every year, the County of Riverside and the Coachella Valley's nine cities honor senior citizens 65 years of age and older who inspire others through their volunteerism and active engageme nt in the community. This annual event honors these unsung heroes for their ongoing contribution and dedication to our communities. If you would like to nominate someone for this honor, please complete this form and return to Christina Calderon, Community Resources Analyst, via email at ccalderon@la-quinta.org or by mail at 78450 Avenida La Fonda, La Quinta, CA 92253 Official City Nomination Form Deadline: Tuesday, October 31, 2017 Eligible recipients must: •Be at least 65 years old •Reside and/or volunteer in nominating city •Be actively involved in community affairs for a lengthy period of time •Deserve recognition they may not otherwise receive for his or her service to the community •Personify a healthy, active, and contributing attitude and lifestyle Nominee Name of Nominee _______________________________________________ Phone _____________ Mailing Address ___________________________________________________________________________________ Email ________________________________________________________________ Organization Individual Volunteers With _________________________________________________________________ Years with Organization ____________________________________________________________________________ Nominator Name of Nominator _______________________________________________ Phone ____________ City ___________________________________________ Email _____________________ Reason for Nomination _________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ Judith Hoffman 53040 Avenida Diaz La Quinta, CA 92253 Fire CERT Team and LQ Sheriff's volunteer Dave LaClair Riverside County Fire See Attached 35 36 37 38 Riverside County Supervisor V. Manuel Perez presents 26TH ANNUAL SENIOR INSPIRATION AWARDS Friday, April 20, 2018 The Senior Inspiration Awards is a beloved event in its 26th year. Every year, the County of Riverside and the Coachella Valley's nine cities honor senior citizens 65 years of age and older who inspire others through their volunteerism and active engageme nt in the community. This annual event honors these unsung heroes for their ongoing contribution and dedication to our communities. If you would like to nominate someone for this honor, please complete this form and return to Christina Calderon, Community Resources Analyst, via email at ccalderon@la-quinta.org or by mail at 78450 Avenida La Fonda, La Quinta, CA 92253 Official City Nomination Form Deadline: Tuesday, October 31, 2017 Eligible recipients must: •Be at least 65 years old •Reside and/or volunteer in nominating city •Be actively involved in community affairs for a lengthy period of time •Deserve recognition they may not otherwise receive for his or her service to the community •Personify a healthy, active, and contributing attitude and lifestyle Nominee Name of Nominee _______________________________________________ Phone _____________ Mailing Address ___________________________________________________________________________________ Email ___________________________________________________________________ Organization Individual Volunteers With _________________________________________________________________ Years with Organization ____________________________________________________________________________ Nominator Name of Nominator _______________________________________________ Phone ____________ City ___________________________________________ ______________________ Reason for Nomination _________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ Kathy Kronemeyer 54205 Avenida Villa, La Quinta, CA 92253 Jackson Elementary and No One Stands Alone 11 Dianne Lynn Benanti La Quinta See attached. 39 40 SENIOR INSPIRATION AWARD NOMINEE Kathy Kronemeyer has always been an inspirational teacher. She moved to La Quinta in the early 90’s. She persevered & received her masters at the age of 70. All while volunteering at Jackson Elementary School. She has watched her elementary kids grow up and create their own families. One in particular became a nurse and moved to Houston, Texas. When the hurricane hit in August of 2017, Ms Kronemeyer immediately started a small collection within the community & sent the funds to her within the ﬁrst few weeks. I had the pleasure and honor of meeting “Ms Kathy” when my husband and I purchased a home here in the beautiful cove of La Quinta. For years I have watched her paint projects and make costumes at her home. She has spent her own money on taking these kids on ﬁeld trips & educating them along the way. From theatre, to art, to educating the children, she is always there. She’s been involved with preservation to the Salton Sea. She wrote a book on conservation at the Living Desert. It was for all the children at Jackson to read and see. Just recently, she has built a website called No One Stands Alone. A non-proﬁt site that helps assist immigrants on their rights. The volunteers that are involved consist of many pillars of the community. (www.noonestandsalone.org) I am only a neighbor. I am sure if your staff will contact Kay Wolff or any of her other friends, they will give you 100 more reasons why Ms Kronemeyer deserves this award. Respectfully, Dianne Lynn Benanti 41 42 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 563 AT SECOND READING AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY DEFINITIONS, PROCESS AND ADD AN APPEALS PROCESS SECTION FOR SHORT-TERM VACATION RENTALS RECOMMENDATION Adopt Ordinance No. 563 on second reading. EXECUTIVE SUMMARY On November 21, 2017, Council introduced Ordinance No. 563 on first reading amending Chapter 3.25 of the La Quinta Municipal Code to clarify definitions, process and add an appeals process section for short-term vacation rentals (STVR). The STVR Program (Program) has been operational for 5 years and has had no amendments. The amendments would streamline and clarify definitions and processes of the STVRs. The addition of Section 3.25.100 provides guidelines for the STVR permit appeals process. FISCAL IMPACT – None. BACKGROUND/ANALYSIS In 2012, Chapter 3.25 “Short-Term Vacation Rentals” was added to the Code which established guidelines for the City’s Program. Since its inception, no amendments have occurred. Now that the Program has been operational for 5 years, staff has identified refinements to eliminate confusion and clarify the Program. An appeals process, that was not previously included, was also defined and is detailed in Section 3.25.100. ALTERNATIVES As Council approved this ordinance at first reading, staff does not recommend an alternative. Prepared by: Pam Nieto, Deputy City Clerk Approved by: Susan Maysels, City Clerk CONSENT CALENDAR ITEM NO. 4 43 44 ORDINANCE NO. 563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT TERM VACATION RENTALS WHEREAS, Chapter 3.25 of the La Quinta Municipal Code relates to short-term vacation rentals; and WHEREAS, the City has the authority to regulate businesses operating within the City; and WHEREAS, Chapter 3.25 of the Municipal Code addresses permitted uses, short- term rental process and permitting procedures; and WHEREAS, the proposed amendments are necessary to clarify process and standards for short term rentals, and NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. CHAPTER 3.25 shall be amended as written in “Exhibit A” attached hereto. SECTION 2. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 4. That the City Council does hereby grant the City Clerk the ability to make minor amendments to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, 45 Ordinance No. 563 Amendment to Chapter 3.25 Short-Term Vacation Rentals Adopted: December 5, 2017 Page 2 of 2 irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 5th day of December 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 46 Chapter 3.25 SHORT-TERM VACATION RENTALS 3.25.010 Title This chapter shall be referred to as the “Short-Term Vacation Rental Regulations.” 3025.020 Purpose A. The purpose of this chapter is to establish regulations for the use of privately owned residential dwellings as short-term vacation rentals that ensure the collection and payment of transient occupancy taxes (TOT) as provided in Chapter 3.24 of this code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. B. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short- term vacation rental purposes as defined in this chapter. 3.25.030 Definitions For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section: “Advertise,” “advertisement,” “advertising,” “publish,” and “publication” mean any and all means, whether verbal or written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the ordinance amending this chapter, used for conveying to any member or members of the public the ability or availability to rent a short- term vacation rental unit as defined in this section, or used for conveying to any member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in this section. For purposes of this definition, the following media are listed as examples, which are not and shall not be construed as exhaustive: Verbal or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet Web sites, and any and all other electronic media, television, radio, satellite-based, or Internet Web site. “Applicable laws, rules and regulations” means any laws, rules, regulations and codes (whether local, state or federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term vacation rental. “Applicant” means the owner of the short-term vacation rental unit or the owner’s authorized agent or representative. “Authorized agent or representative” means the designated agency or representative who is appointed by the owner and also is responsible for compliance with this chapter with respect to the short-term vacation rental unit. EXHIBIT A ORDINANCE NO. 563 47 -2- “City manager” means that person acting in the capacity of the city manager of the city of La Quinta or designee. “Declaration of non-use” means the declaration described in Section 3.25.050 “Good neighbor brochure” means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rental units. “Local contact person” means the person designated by the owner or the owner’s authorized agent or representative who shall be available twenty-four hours per day, seven days per week with the ability to respond to the location within forty-five (45) minute for the purpose of: (1) taking remedial action to resolve any such complaints and (2) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term vacation rental unit.. “Notice of Permit Modification, Suspension or Revocation” means the notice the city may issue to an applicant, authorized agent or representative, local contact person, occupant, owner, responsible person, or any other person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses of property subject to this chapter. “Occupant” means any person(s) within the dwelling unit during the rental period. “Owner” means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental. “Property” means a residential legal lot of record on which a short-term vacation rental unit is located. “Rent” has the same meaning as set forth in Section 3.24.020 (or successor provision, as may be amended from time to time) of this code. “Responsible person” means the signatory of an agreement for the rental, use and occupancy of a short-term vacation rental unit, who shall be an occupant of that short-term vacation rental unit, who is at least twenty-one (21) years of age, and who is legally responsible for ensuring that all occupants of the short-term vacation rental unit and/or their guests comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. “STVR” may be used by city officials as an abbreviation for “short-term vacation rental.” “ Short-term vacation rental permit” means a permit that permits the use of a privately owned residential dwelling as a short-term vacation rental unit pursuant to the provisions of this chapter, and which incorporates by consolidation a transient occupancy permit and a business license otherwise required by Section 3.24.060 and Section 3.28.020 (or successor provisions, as may be amended from time to time) of this code. 48 -3- “Short-term vacation rental unit” means a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple-family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days “Dwelling” has the same meaning as set forth in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code; “dwelling” does not include any impermanent, transitory, or mobile means of temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping tents. “Tenant” or “Transient,” for purposes of this chapter, means any person who seeks to rent or who does rent a short-term vacation rental unit. 3.25.040 Authorized agent or representative A. An owner may authorize an agent or a representative to comply with the requirements of this chapter on behalf of the owner. The city may prescribe reasonable requirements to verify that a purported owner or designated agency or representative is the owner and/or has received the owner’s consent to be the owner’s designated agency or representative. B. Notwithstanding subsection A, the owner shall not be relieved from any personal responsibility and personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, regardless of whether such noncompliance was committed by the owner’s authorized agent or representative or the occupants of the owner’s short-term vacation rental unit or their guests. 3.25.050 Short-term vacation rental permit—required A. The owner or the owner’s authorized agent or representative is required to obtain a short-term vacation rental permit and a business license from the city before renting or advertising a short-term vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this chapter. B. A short-term vacation rental permit and business license shall be required to be renewed on an annual basis in order to remain valid. Failure to renew a short- term vacation rental permit within thirty (30) consecutive days of its expiration date will result in the short- term vacation rental permit being terminated. A new Owner of a short term vacation rental unit that had been issued a short term vacation rental permit to a former owner or former owner’s authorized agent or representative shall apply for a new short term vacation rental permit if the new Owner wants to continue to use the residential dwelling as a short term vacation rental unit. C. A short term vacation rental permit and business license shall not be issued or renewed if the property, or any building, structure, or use or land use on the property is in violation of this code. The city may conduct an inspection of the property prior to the issuance or renewal of a short-term vacation rental permit and/or business license. For purposes of this subsection, a code violation exists if, at the time of the submittal of an application for a new or 49 -4- renewed short- term vacation rental permit or business license, the city has commenced administrative proceedings by issuing written communication and/or official notice to the owner or owner’s responsible agent or representative of one or more code violations. For purposes of this chapter, “building,” “structure,” and “use or land use” have the same meanings as set forth in Section 9.280.030(or successor provisions, as may be amended from time to time) of this code. D. A short term vacation rental permit and business license shall not be issued or renewed if any portion of transient occupancy tax has not been reported and/or remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or remittance of the transient occupancy tax. E. An owner or owner’s authorized agent or representative who claims not to be operating a short term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license pursuant to this chapter, may voluntarily opt-out of the requirements of this chapter, prior to the issuance or expirations of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner or owner’s authorized agent or representative executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a “declaration of non-use”). Upon the receipt and filing by the city of a fully executed declaration of non-use, the owner or owner’s authorized agent representative shall be released from complying with this chapter as long as the property is not used as a short- term vacation rental unit. Use of the property as a short-term vacation unit after the city’s receipt and filing of a declaration of non-use, is a violation of this chapter. If, after a declaration of non-use has been received and filed by the city, the owner or owner’s authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner or owner’s authorized agent or representative shall apply for a new short-term vacation rental permit and business license and fully comply with the requirements of this chapter and the code. 3.25.060 Short-term vacation rental permit—Application Requirements A. The owner or the owner’s authorized agent or representative must submit the information required on the city’s short-term vacation rental permit application form provided by the city, which may include any or all of the following: 1.The name, address, and telephone number, and address of the owner of the subject short-term vacation rental unit; 2.The name, address, and telephone number of the owner’s authorized agent or representative, if any; 3.The name, address, and twenty-four hour telephone number of the local contact person; 4.The address of the proposed short-term vacation rental unit, Internet listing site and listing number; 5. The number of bedrooms, which shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. The allowable 50 -5- number of bedrooms shall meet all applicable building and construction requirements under federal, state and city codes, including but not limited to all applicable building and construction codes in Title 8 of this code; 6. Acknowledgement of receipt of a short-term vacation rental information packet from the city, which includes a copy of the good neighbor brochure; 7. Certification from the owner or owner’s authorized agent or representative that issuance of a short-term vacation rental permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive covenant, document, or other policy of a homeowner association or other person or entity which has governing authority over the property on which a short-term vacation rental unit will be operated; and 8. Such other information as the city manager or designee deems reasonably necessary to administer this chapter. B. The short-term vacation rental permit application shall be accompanied by an application fee as set by resolution of the city council. C. A short-term vacation rental permit application may be denied if the applicant has failed to comply with application requirements in this chapter, or has had a prior short- term vacation rental permit for the same unit revoked within the past twelve calendar months. D. Within fourteen (14) days of a change of property ownership, change of owner’s agent or representative, or any other change in material facts pertaining to the information contained in the vacation rental permit application, the owner or owner’s authorized agent or representative shall submit an application and requisite application fee for a new short-term vacation rental permit, which must be obtained prior to continuing to rent the subject unit as a short-term vacation rental. E. Transient occupancy registration permits issued for the operation of short-term vacation rental units prior to the effective date of the ordinance amending this chapter shall remain in effect until December 31, 2017. All short-term vacation rentals shall be registered annually thereafter in accordance with this chapter. 3.25.070 Operational requirements and standard conditions A. The owner and/or owner’s authorized agent or representative shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term vacation rental unit. B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he/she/they signed a rental agreement for such rental, use and occupancy. The number of occupants, including the responsible person(s), allowed to occupy any given short-term vacation rental unit shall be limited as follows: 51 -6- Number of Bedrooms Total of Overnight* Occupants Total Daytime** Occupants (Including Number of Overnight Occupants) 0 – Studio 2 8 1 4 8 2 6 8 3 8 12 4 10 16 5 12 18 6 14 20 7 14 20 8 16 22 9 18 24 *Overnight (10:01 p.m. – 6:59 a.m.) ** Daytime (7:00 a.m. – 10:00 p.m.) C.While a short-term vacation rental unit is rented, the owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person shall be available twenty-four hours per day, seven days per week, with the ability to respond to the location within forty-five (45) minutes to complaints regarding the condition, operation, or conduct of occupants of the short- term vacation rental unit or their guests. D. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short- term vacation rental unit. E. Occupants of the short term vacation rental shall comply with the standards and regulations for allowable noise at the property in accordance with Section 9.100.210 (or successor provision, as may be amended from time to time) of this code. No radio receiver, musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or any machine, device or equipment that produces or reproduces any sound shall be used outside or be audible from the outside of any short-term vacation rental unit between the hours of ten p.m. and seven a.m. (10:00 p.m. – 7:00 a.m.) Pacific Standard Time. F. Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent or representative shall: 1.Obtain the contact information of the responsible person; 2.Provide a copy of the good neighbor brochure to the responsible person; and require such responsible person to execute a formal acknowledgement that he or she is legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner’s authorized agent or representative for a period of three years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision 52 -7- of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. G. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person shall, upon notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short- term vacation unit, promptly respond within forty-five (45) minutes to immediately halt or prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental within forty-five (45) minutes shall be subject to all administrative, legal and equitable remedies available to the city. H. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person shall report to the city manager, or designee, the name, violation, date, and time of disturbance of each person involved in three or more disorderly conduct activities, disturbances or other violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit. I. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city’s authorized waste hauler on scheduled trash collection days. The owner, the owner’s authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code. J. Signs may be posted on the premises to advertise the availability of the short- term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this code. K. On-site parking shall be allowed on an approved driveway, garage, and/or carport areas only. Recreational vehicles may be parked in accordance with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code. L. The owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good neighbor brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short-term vacation rental unit. M. Unless otherwise provided in this chapter, the owner and/or the owner’s authorized agent or representative shall comply with all provisions of Chapter 3.24 concerning transient occupancy taxes, including, but not limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as may be amended from time to time) of this code, which shall be filed monthly even if the short- term vacation rental unit was not rented during each such month. 53 -8- N. The city manager, or designee, shall have the authority to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated, including but not limited to a mitigating condition that would require the installation of a noise monitoring device to keep time-stamped noise level data from the property that will be made available to the city upon city’s reasonable request. O. The standard conditions set forth herein may be modified by the city manager, or designee, upon request of the owner or the owner’s authorized agent or representative based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term vacation rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term vacation rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self- induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem. P. The owner and/or the owner’s authorized agent or representative shall post the current short-term vacation rental permit number on or in any advertisement that promotes the availability or existence of a short-term vacation rental unit in. In the instance of audio- only advertising of the same, the short-term vacation rental permit number shall be read as part of the advertising. Q. The owner and/or owner’s authorized agent or representative shall operate a short- term vacation rental unit in compliance with any other permits or licenses that apply to the property, including but not limited to any permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. 3.25.080 Recordkeeping duties The owner or the owner’s authorized agent or representative shall maintain for a period of three years, records in such form as the tax administrator (as defined in Chapter 3.24) may require to determine the amount of transient occupancy tax owed to the city. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator pursuant to Section 3.24.140 (Records) (Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of this code. 3.25.090 Violations A. Additional Conditions. A violation of any provision of this chapter or this code by any applicant, occupant, responsible person, local contact person, owner, or owner’s authorized agent or representative, shall authorize the city manager, or designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided. B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including but not limited to applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible 54 -9- person, local contact person, owner, or owner’s authorized agent or representative, shall constitute grounds for modification, suspension and/or revocation of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100. C. Notice of Violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, or owner’s authorized agent or representative, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. D. Administration Citation. The city may issue an administrative citation to any applicant, occupant, responsible person, local contact person, owner, or owner’s authorized agent or representative, pursuant to Chapter 1.09 (Administrative Citation) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. An administrative citation may impose a fine for one or more violations of this chapter as set by resolution of the city council. E. Misdemeanor Citation. The city may issue a misdemeanor citation to any applicant, occupant, responsible person, local contact person, owner, or owner’s authorized agent or representative. Every violation of this chapter is a misdemeanor and punishable by a fine not exceeding five hundred dollars or imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. F. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code. 3.25.100 Appeals Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from time to time) of this code. 55 -10- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California 56 City of La Quinta CITY COUNCIL MEETING: December 05, 2017 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTER DATED NOVEMBER 17, 2017 RECOMMENDATION Approve demand register dated November 17, 2017. EXECUTIVE SUMMARY None FISCAL IMPACT Demand of Cash: City 773,711.87$ Successor Agency of RDA -$ Housing Authority -$ 773,711.87$ BACKGROUND/ANALYSIS Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand register for November 17, 2017. Warrants Issued: 116774-116851 359,783.81$ Voids (2,655.56)$ Wire Transfers 197,687.84$ Payroll Tax transfers 42,828.26$ Payroll Direct Deposit 176,067.52$ 773,711.87$ In the amounts listed above, two checks were voided. Check No.116682 was voided due to a processing error with the vendor. Check No. 116271 was voided due to duplicate payment. CONSENT CALENDAR ITEM NO. 5 57 The most significant expenditures on the demand register listed above are as follows: Account Name Amount JNS Media Specialists Marketing & Tourism 53,158.24$ Oct-Nov Media Services Conserve Landcare Technical 41,734.40$ Nov - Landscaping Services OMNI-Means Design 35,633.78$ La Quinta Village Design Services LTAS Technologies INC Professional Services 27,433.50$ Short Term Vacation Rental Services CVAG TUMF Payable to 22,049.28$ Oct - TUMF Fee CVAG PurposeVendor Wire Transfers: Five transfers totaled $197,687.84. Of this amount, $50,394.39 was for CalPERS, $141,459.90 to LandMark Golf and $5,374.55 to ICMA. (See Attachment 2 for a full listing). ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments: 1. Demand Registers 2. Wire Transfers 58 11/16/2017 5:48:02 PM Page 1 of 5 Demand Register City of La Quinta, CA Packet: APPKT01383 - DA 11/17/17 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 4,857.33Retention Payable11/01/17- PO#113 RETENTION PYMT 2116774ALL AMERICAN ASPHALT 101-0000-20600 1,006.00Special Events11/03/17- BREW IN LQ INSURANCE116775ALLIANT INSURANCE SERVICES …101-3003-60149 551.00Special Events11/10/17- VETERANS DAY INSURANCE116775ALLIANT INSURANCE SERVICES …101-3003-60149 277.20Instructors11/10/17- PILATES116776BERETTO, LUCILLA 101-3002-60107 10,000.00Boys & Girls ClubFY1617 4TH QTR JOINT USE FACILITY & SE…116777BOYS & GIRLS CLUB OF COACH…101-3001-60135 196.05LT Care Insurance PayLONG TERM CARE116778CALPERS LONG-TERM CARE P…101-0000-20949 52.07Travel & Training11/16/17- TRAINING SUPPLIES116780CASH/PETTY CASH 101-1004-60320 26.97Travel & Training11/16/17- BIG 5 TRAINING116780CASH/PETTY CASH 101-1004-60320 17.03Employee Recognition Awards11/16/17- EMPLOYEE BANQUET REIMB116780CASH/PETTY CASH 101-1004-60340 41.90Travel & Training11/16/17- HMPG APPLICATION REIMB116780CASH/PETTY CASH 101-2002-60320 30.98Travel & Training11/16/17- CERT SUPPLIES REIMB116780CASH/PETTY CASH 101-2002-60320 12.36Travel & Training11/16/17- LUNCH TRAINING116780CASH/PETTY CASH 101-2002-60320 350.00Special Events11/18/17- PETTY CASH FOR BREW IN LQ E…116781CASH/PETTY CASH 101-3003-60149 2,100.00Special Events11/18/17- BREW IN LQ ARTISTS116783COACHELLA VALLEY ART SCENE…101-3003-60149 2,000.00Professional Services10/16/17- VILLAGE MAKE PROJECT116784COACHELLA VALLEY ART SCENE…101-6002-60103 12,968.00MSHCP Mitigation Fee10/2017- MSHCP FEE116786COACHELLA VALLEY CONSERV…101-0000-20310 -129.68CVMSHCP Admin Fee10/2017- MSHCP FEE116786COACHELLA VALLEY CONSERV…101-0000-43631 198.53Utilities - Water -Pioneer Park11/08/17- WATER SERVICE116787COACHELLA VALLEY WATER DI…101-3005-61207 90.95Utilities - Water11/15/17- WATER SERVICE116787COACHELLA VALLEY WATER DI…101-2002-61200 310.73Utilities - Water -Desert Pride11/15/17- WATER SERVICE116787COACHELLA VALLEY WATER DI…101-3005-61206 280.00Instructors11/10/17- SUN STYLE TAI CHI116789COHEN, ANN MARIE 101-3002-60107 31,807.00TechnicalPARK LANDSCAPE MAINTENANCE SERVICES116790CONSERVE LANDCARE 101-3005-60108 864.00Instructors11/13/17- BRIDGE116792DAVID, MIRIAM 101-3002-60107 14,866.58Animal Shelter Contract Service09/2017- ANIMAL SHELTER SERVICE116793DEPARTMENT OF ANIMAL SER…101-6004-60197 1,500.00Marketing & Tourism Promoti…12/09/17- CHILDRENS MUSIC BRONZE SP…116795DESERT SANDS EDUCATION F…101-3007-60461 531.30Advertising09/29-10/27/17- PUBLIC HEARING 2017-0…116796DESERT SUN PUBLISHING CO 101-6002-60450 424.60Advertising09/29-10/27/17- PUBLIC HEARING SDP20…116796DESERT SUN PUBLISHING CO 101-6002-60450 402.60Advertising09/29-10/27/17- PUBLIC HEARING TTM 2…116796DESERT SUN PUBLISHING CO 101-6002-60450 508.20Advertising09/29-10/27/17- PUBLIC HEARING 2017-0…116796DESERT SUN PUBLISHING CO 101-6002-60450 25.00Travel & Training11/08/17- PUBLIC WORKS LUNCHEON116797DESERT VALLEY BUILDERS ASS…101-7002-60320 361.04Supplies - Software11/13/17- AUTO CAD SUPPORT/MAINT116798DLT SOLUTIONS LLC 101-7006-60421 258.00State Unemployment Insurance07/01-09/30/17- 3RD QTR SUI PYMT116799EMPLOYMENT DEVELOPMENT…101-1004-50244 125.00Garnishments PayableGARNISHMENT116800FRANCHISE TAX BOARD 101-0000-20985 0.21Phone - Sports Complex and L…11/2017- LQ PARK PHONE116801FRONTIER COMMUNICATIONS…101-3005-61303 34.83Phone - Sports Complex and L…10/28-11/27/17- SPORTS COMPLEX PHONE116801FRONTIER COMMUNICATIONS…101-3005-61303 102.57Professional Services11/2017- ARMORED SERVICES116803GARDAWORLD 101-1006-60103 3,500.00Contract Services - Administrat…STATE LOBBYING AND ADVOCACY SERVIC…116804GONSALVES, JOE A & SON 101-1002-60101 109.00Recruiting/Pre-Employment10/2017- PRE-EMP REC LEADERS116808IRC INC 101-1004-60129 68.48Marketing & Tourism Promoti…11/07/17- SNAPCHAT FILTER BREW IN LQ116809JNS MEDIA SPECIALISTS 101-3007-60461 53,089.76Marketing & Tourism Promoti…FY 17/18 PRINT & DIGITAL MARKETING SE…116809JNS MEDIA SPECIALISTS 101-3007-60461 2,947.81Special EventsAUDIO VISUAL SERVICES FOR EVENTS116810LH PRODUCTIONS 101-3003-60149 27,433.50Professional ServicesSTVR COMPLIANCE VENDORS SERVICES FY…116811LTAS TECHNOLOGIES INC 101-6001-60103 40.00Fitness Membership Reimburs…11/07/17- FITPASS REIMB116812MAGALLANEZ, LUIS 101-1004-50252 400.00Special Events05/09/17- BREW IN LQ ARTIST116813MANUEL MATHER GRAJEDA 101-3003-60149 147.00Instructors11/10/17- TAI CHI CHUAN116815MEDEIROS, JOYCELEEN 101-3002-60107 160.00Instructors11/09/17- LA QUINTA VOICES116816MEEDS, WAYNE 101-3002-60107 16.80Instructors11/10/17- CHAIR YOGA116818MEYER, MILISSA 101-3002-60107 105.00Instructors11/10/17- DEATH MAKES LIFE POSSIBLE116820MILLAM, ELAINE R 101-3002-60107 101.79Materials10/30/17- CHAIN SAW CHAIN & OIL116821MOWERS PLUS INC 101-3005-60424 80.48LQ Police Volunteers11/02/17- POLICE BUSINESS CARDS116823OFFICE DEPOT 101-2001-60109 51.80Office Supplies10/30/17- OFFICE SUPPLIES116823OFFICE DEPOT 101-1006-60400 10.59Office Supplies11/01/17- FOLDERS116823OFFICE DEPOT 101-1006-60400 45.20Operating Supplies11/02/17- MARKERS FOR BLACKBOARDS116823OFFICE DEPOT 101-1002-60420 Attachment 1 59 Demand Register Packet: APPKT01383 - DA 11/17/17 11/16/2017 5:48:02 PM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 227.07Forms11/03/17- 8 1/2 X 11 COPY PAPER116823OFFICE DEPOT 101-1007-60402 3.60Office Supplies11/03/17- RECORDS DESTRUCTION STICK…116823OFFICE DEPOT 101-1006-60400 20.65Office Supplies11/03/17- LABEL TAPE116823OFFICE DEPOT 101-1005-60400 82.86Postage10/14/17- OVERNIGHT SHIPPING116825ONTRAC 101-1007-60470 2,548.00Special Events11/18/17- BREW IN LQ GAMES116827PARTY PALS 101-3003-60149 387.00Repair & Maintenance10/30/17- FS#70 LOW VOLTAGE ALARM S…116829QUINN COMPANY 101-2002-60691 1,299.06Repair & Maintenance10/30/17- FS#93 COOLANT FLUSH116829QUINN COMPANY 101-2002-60691 105.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES116830RASA/ERIC NELSON 101-7002-60183 200.00Garnishments PayableGARNISHMENT116831RIVERSIDE DEPARTMENT OF C…101-0000-20985 1,816.50Instructors11/10/17- TAEKWONDO116832ROJAS, MIGUEL ANGEL 101-3002-60107 378.00Instructors11/10/17- WATERCOLOR116833RYAN, JOAN FRANCIS 101-3002-60107 281.40Instructors11/10/17- ZUMBA116834SALCEDO, KATHLEEN 101-3002-60107 590.10Instructors11/10/17- BALLROOM DANCING116835SHIRY, TERESA 101-3002-60107 182.69Operating Supplies10/25/17- LUNCHEON SUPPLIES116836SMART & FINAL 101-3002-60420 467.20Instructors11/10/17- PERSONAL TRAINER116837SNYDER, JANICE 101-3002-60107 170.70Operating Supplies11/03/17- DRINKING WATER116838SPARKLETTS 101-7003-60420 -7.00Sales Taxes Payable10/15/17- WORK BOOTS REIMBURSMENT…116839ST SAUVER, LEONARD 101-0000-20304 86.99Safety Gear10/15/17- WORK BOOTS REIMBURSMENT116839ST SAUVER, LEONARD 101-7006-60427 78.29Citywide Conf Room Supplies10/27/17- PLOTTER INK116840STAPLES ADVANTAGE 101-1007-60403 34.56Office Supplies11/03/17- PLOTTER INK116840STAPLES ADVANTAGE 101-3001-60400 40.00Operating Supplies10/30/17- TRAINING SUPPLIES116840STAPLES ADVANTAGE 101-1004-60420 8,398.25Operating SuppliesWARRANTY RENEWAL - WC GYM EQUIP (…116841TECHNOGYM USA CORP 101-3002-60420 4,118.20Membership Dues11/01/17- TECHNOGYM APPS116841TECHNOGYM USA CORP 101-3002-60351 12,765.00Contract Traffic EngineerTRAFFIC ENGINEER SERVICES116845TRAFFEX ENGINEERS INC 101-7006-60144 352.80Instructors11/10/17- SUNSET YOGA116846TRUE, ARTHUR ALLEN 101-3002-60107 61.00Pest Control10/13/17- LQ PARK PEST CONTROL116847TRULY NOLEN INC 101-3008-60116 100.00Pest Control10/17/17- SPORTS COMPLEX PEST CONTR…116847TRULY NOLEN INC 101-3008-60116 68.00Pest Control10/06/17- WC PEST CONTROL116847TRULY NOLEN INC 101-3008-60116 76.00Pest Control10/06/17- CITY HALL PEST CONTROL116847TRULY NOLEN INC 101-3008-60116 57.00United Way DeductionsCONTRIBUTION116848UNITED WAY OF THE DESERT 101-0000-20981 632.63Instructors11/10/17- GENTLE YOGA116850VIELHARBER, KAREN 101-3002-60107 9,275.88Traffic Counts/StudiesCURVE SIGN STUDY116851WILLDAN 101-7006-60145 2,859.12Traffic Counts/StudiesCURVE SIGN STUDY116851WILLDAN 101-7006-60145 Fund 101 - GENERAL FUND Total:223,112.11 Fund: 201 - GAS TAX FUND 168.51Traffic Control Signs09/08/17- ONE WAY ARROW SIGN116843TOPS'N BARRICADES INC 201-7003-60429 171.28Traffic Control Signs10/31/17- ONE WAY ARROW116843TOPS'N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:339.79 Fund: 202 - LIBRARY & MUSEUM FUND 154.86Utilities - Water11/15/17- WATER SERVICE116787COACHELLA VALLEY WATER DI…202-3006-61200 3,086.00Landscape ContractPARK LANDSCAPE MAINTENANCE SERVICES116790CONSERVE LANDCARE 202-3004-60112 2,169.00Landscape ContractPARK LANDSCAPE MAINTENANCE SERVICES116790CONSERVE LANDCARE 202-3006-60112 930.00Operating Supplies11/06/17- HISTORICAL SOCIETY FILMING116794DESERT C.A.M INC 202-3006-60420 780.00Operating Supplies11/10/17- HISTORICAL SOCIETY FILMING116794DESERT C.A.M INC 202-3006-60420 134.39Operating Supplies11/03/17- PLOTTER INK116840STAPLES ADVANTAGE 202-3004-60420 134.40Operating Supplies11/03/17- PLOTTER INK116840STAPLES ADVANTAGE 202-3006-60420 49.00Pest Control10/25/17- MUSEUM PEST CONTROL116847TRULY NOLEN INC 202-3006-60116 Fund 202 - LIBRARY & MUSEUM FUND Total:7,437.65 Fund: 215 - LIGHTING & LANDSCAPING FUND 48.94Utilities - Water - Medians11/08/17- WATER SERVICE116787COACHELLA VALLEY WATER DI…215-7004-61211 1,732.61Utilities - Water - Medians11/15/17- WATER SERVICE116787COACHELLA VALLEY WATER DI…215-7004-61211 3,815.00TechnicalPARK LANDSCAPE MAINTENANCE SERVICES116790CONSERVE LANDCARE 215-7004-60189 344.04Technical11/07/17- IRRIGATION REPAIRS116790CONSERVE LANDCARE 215-7004-60189 513.36Technical11/07/17- IRRIGATION REPAIRS116790CONSERVE LANDCARE 215-7004-60189 6,100.00Professional ServicesCITYWIDE LANDSCAPE LIGHTING MAINTE…116806HORIZON LIGHTING 215-7004-60104 25.89Utilities - Electric - Medians11/15/17- ELECTRICITY SERVICE116807IMPERIAL IRRIGATION DIST 215-7004-61117 Fund 215 - LIGHTING & LANDSCAPING FUND Total:12,579.84 60 Demand Register Packet: APPKT01383 - DA 11/17/17 11/16/2017 5:48:02 PM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 217 - DEVELOPMENT AGREEMENT 8,313.75Land AcquisitionCONSTUCTION SURVEYING LOT LINE ADJ116822NV5 217-0000-74010 Fund 217 - DEVELOPMENT AGREEMENT Total:8,313.75 Fund: 224 - TUMF FUND 22,049.28TUMF Payable to CVAG10/2017- TUMF FEE116785COACHELLA VALLEY ASSOC OF…224-0000-20320 Fund 224 - TUMF FUND Total:22,049.28 Fund: 270 - ART IN PUBLIC PLACES FUND 6,750.00Art PurchasesAPP PURCHASE - 3 PLAQUES & 1 SCULPTU…116817METALREVELATIONS 270-0000-74800 Fund 270 - ART IN PUBLIC PLACES FUND Total:6,750.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 1,425.00Construction11/09/17- ROUDEL INSPECTION FEE116788COACHELLA VALLEY WATER DI…401-0000-60188 50.00Construction11/15/17- HSIP PROJECT NOTICE EXEMPT…116791COUNTY OF RIVERSIDE 401-0000-60188 7,882.70DesignON-CALL PROF LANDSCAPE ARCHITECTUR…116805HERMANN DESIGN GROUP INC 401-0000-60185 5,512.76ConstructionSIGNAL EQUIPMENT116814MCCAIN 401-0000-60188 20,452.20DesignEISENHOWER DR RETENTION BASIN IMPR…116819MICHAEL BAKER INTERNATIO…401-0000-60185 35,633.78DesignOMNI-MEANS VILLAGE COMPLETE STREETS116824OMNI-MEANS 401-0000-60185 513.49Construction11/06/17- CONST PLANS 2016-03B116828PLANIT REPROGRAPHICS SYST…401-0000-60188 131.77Construction11/07/17- CONST PLANS 2012-07F116828PLANIT REPROGRAPHICS SYST…401-0000-60188 166.08Construction11/07/17- CONT PLANS 2014-12 & 2015-06116828PLANIT REPROGRAPHICS SYST…401-0000-60188 166.07Construction11/07/17- CONT PLANS 2014-12 & 2015-06116828PLANIT REPROGRAPHICS SYST…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:71,933.85 Fund: 501 - FACILITY & FLEET REPLACEMENT 1,045.47Fuel & Oil10/2017- VEHICLE FUEL116802FUELMAN 501-0000-60674 152.06Vehicle Repair, Maintenance, …10/19/17- 310 BACKHOE TIRE REPAIR116826PARKHOUSE TIRE INC 501-0000-60676 309.94Parts & Maintenance Supplies10/31/2017- VEHICLE SAFETY LIGHTS116843TOPS'N BARRICADES INC 501-0000-60675 309.94Parts & Maintenance Supplies10/31/17- VEHICLE SAFETY LIGHTS116843TOPS'N BARRICADES INC 501-0000-60675 309.94Parts & Maintenance Supplies10/31/17- VEHICLE SAFETY LIGHTS116843TOPS'N BARRICADES INC 501-0000-60675 309.94Parts & Maintenance Supplies10/31/17- VEHICLE SAFETY LIGHTS116843TOPS'N BARRICADES INC 501-0000-60675 1,496.00Fuel & Oil10/16-10/31/17- VEHICLE FUEL116844TOWER ENERGY GROUP 501-0000-60674 Fund 501 - FACILITY & FLEET REPLACEMENT Total:3,933.29 Fund: 502 - INFORMATION TECHNOLOGY 34.78Operating Supplies10/25/17- BATTERIES FOR IT116779CAPITAL ONE COMMERCIAL 502-0000-60420 -45.39Computers10/25/17- VIDEO CARD CREDIT116782CDW GOVERNMENT INC 502-0000-80103 100.75Computers10/28/17- CABINET COOLER116782CDW GOVERNMENT INC 502-0000-80103 144.79Computers11/02/17- COMPUTER RAM UPGRADE116782CDW GOVERNMENT INC 502-0000-80103 1,560.00Utilities - Cable11/10-12/09/17- CITY HALL FIBER116842TIME WARNER CABLE 502-0000-61400 975.47Technical09/26-10/25/17- LQPD WIRELESS116849VERIZON WIRELESS 502-0000-60108 Fund 502 - INFORMATION TECHNOLOGY Total:2,770.40 Fund: 601 - SILVERROCK RESORT 563.85Bank Fees11/2017- SRR ARMORED SVC116803GARDAWORLD 601-0000-60455 Fund 601 - SILVERROCK RESORT Total:563.85 Grand Total:359,783.81 61 Demand Register Packet: APPKT01383 - DA 11/17/17 11/16/2017 5:48:02 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 223,112.11 201 - GAS TAX FUND 339.79 202 - LIBRARY & MUSEUM FUND 7,437.65 215 - LIGHTING & LANDSCAPING FUND 12,579.84 217 - DEVELOPMENT AGREEMENT 8,313.75 224 - TUMF FUND 22,049.28 270 - ART IN PUBLIC PLACES FUND 6,750.00 401 - CAPITAL IMPROVEMENT PROGRAMS 71,933.85 501 - FACILITY & FLEET REPLACEMENT 3,933.29 502 - INFORMATION TECHNOLOGY 2,770.40 601 - SILVERROCK RESORT 563.85 Grand Total:359,783.81 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable -7.00 101-0000-20310 MSHCP Mitigation Fee 12,968.00 101-0000-20600 Retention Payable 4,857.33 101-0000-20949 LT Care Insurance Pay 196.05 101-0000-20981 United Way Deductions 57.00 101-0000-20985 Garnishments Payable 325.00 101-0000-43631 CVMSHCP Admin Fee -129.68 101-1002-60101 Contract Services - Admini…3,500.00 101-1002-60420 Operating Supplies 45.20 101-1004-50244 State Unemployment Insu…258.00 101-1004-50252 Fitness Membership Reim…40.00 101-1004-60129 Recruiting/Pre-Employme…109.00 101-1004-60320 Travel & Training 79.04 101-1004-60340 Employee Recognition Aw…17.03 101-1004-60420 Operating Supplies 40.00 101-1005-60400 Office Supplies 20.65 101-1006-60103 Professional Services 102.57 101-1006-60400 Office Supplies 65.99 101-1007-60402 Forms 227.07 101-1007-60403 Citywide Conf Room Suppl…78.29 101-1007-60470 Postage 82.86 101-2001-60109 LQ Police Volunteers 80.48 101-2002-60320 Travel & Training 85.24 101-2002-60691 Repair & Maintenance 1,686.06 101-2002-61200 Utilities - Water 90.95 101-3001-60135 Boys & Girls Club 10,000.00 101-3001-60400 Office Supplies 34.56 101-3002-60107 Instructors 6,368.63 101-3002-60351 Membership Dues 4,118.20 101-3002-60420 Operating Supplies 8,580.94 101-3003-60149 Special Events 9,902.81 101-3005-60108 Technical 31,807.00 101-3005-60424 Materials 101.79 101-3005-61206 Utilities - Water -Desert Pr…310.73 101-3005-61207 Utilities - Water -Pioneer …198.53 101-3005-61303 Phone - Sports Complex a…35.04 101-3007-60461 Marketing & Tourism Pro…54,658.24 101-3008-60116 Pest Control 305.00 101-6001-60103 Professional Services 27,433.50 101-6002-60103 Professional Services 2,000.00 101-6002-60450 Advertising 1,866.70 101-6004-60197 Animal Shelter Contract S…14,866.58 101-7002-60183 Map/Plan Checking 105.00 101-7002-60320 Travel & Training 25.00 62 Demand Register Packet: APPKT01383 - DA 11/17/17 11/16/2017 5:48:02 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 101-7003-60420 Operating Supplies 170.70 101-7006-60144 Contract Traffic Engineer 12,765.00 101-7006-60145 Traffic Counts/Studies 12,135.00 101-7006-60421 Supplies - Software 361.04 101-7006-60427 Safety Gear 86.99 201-7003-60429 Traffic Control Signs 339.79 202-3004-60112 Landscape Contract 3,086.00 202-3004-60420 Operating Supplies 134.39 202-3006-60112 Landscape Contract 2,169.00 202-3006-60116 Pest Control 49.00 202-3006-60420 Operating Supplies 1,844.40 202-3006-61200 Utilities - Water 154.86 215-7004-60104 Professional Services 6,100.00 215-7004-60189 Technical 4,672.40 215-7004-61117 Utilities - Electric - Media…25.89 215-7004-61211 Utilities - Water - Medians 1,781.55 217-0000-74010 Land Acquisition 8,313.75 224-0000-20320 TUMF Payable to CVAG 22,049.28 270-0000-74800 Art Purchases 6,750.00 401-0000-60185 Design 63,968.68 401-0000-60188 Construction 7,965.17 501-0000-60674 Fuel & Oil 2,541.47 501-0000-60675 Parts & Maintenance Supp…1,239.76 501-0000-60676 Vehicle Repair, Maintena…152.06 502-0000-60108 Technical 975.47 502-0000-60420 Operating Supplies 34.78 502-0000-61400 Utilities - Cable 1,560.00 502-0000-80103 Computers 200.15 601-0000-60455 Bank Fees 563.85 Grand Total:359,783.81 Project Account Summary Project Account Key Expense Amount **None**276,520.15 141512CT 166.07 151603D 35,633.78 151606CT 1,591.08 151612D 20,452.20 1718PMPCT 131.77 1718TMICT 5,512.76 201602CT 50.00 201603CT 513.49 201603D 7,882.70 201607RP 4,857.33 BREWLQE 6,472.48 Grand Total:359,783.81 63 11/16/2017 10:38:54 AM Page 1 of 2 Payment Reversal Register City of La Quinta, CA APPKT01380 - DA 11/15/17 Canceled Payables Vendor Set:01 - Vendor Set 01 Bank:APBNK - APBNK 02039 Vendor Number SAM'S FENCE COMPANY Total Vendor Amount -2,475.00 Vendor Name Check 116682 11/17/2017 -2,475.0011/03/2017 11/17/2017 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 16599 11/03/201710/23/17- FB PARK TENNIS COURT POSTS 2,475.0010/23/2017 08143 Vendor Number AMSPROTECTME.COM Total Vendor Amount -180.56 Vendor Name Check 116271 11/17/2017 -180.5609/29/2017 11/17/2017 Payment Type Payment Number Original Payment Date Reversal Date Cancel Date Payment Amount Payable Number:Description Payable AmountDue DatePayable Date 16318 09/29/20179/1/17-LQ PARK ALARM REPAIRS 180.5609/13/2017 64 Payment Reversal Register Packet: APPKT01380 - DA 11/15/17 11/16/2017 10:38:54 AM Page 2 of 2 Bank Code Summary Canceled Payables Payables Left To Pay AgainBank Code Total APBNK -2,655.56 0.00 -2,655.56 -2,655.56 0.00Report Total:-2,655.56 65 City of La Quinta Bank Transactions 11/11/17 11/17/17 Wire Transactions Listed below are the wire transfers from 11/11/17 12/17/17 Wire Transfers: 11/15/2017 - WIRE TRANSFER - PERS 37,379.82$ 11/06/2017 - WIRE TRANSFER - PERS 13,014.57$ 11/17/2017 - WIRE TRANSFER - LQCEA 459.00$ 11/17/2017 - WIRE TRANSFER - ICMA 5,374.55$ 11/17/2017 - WIRE TRANSFER - LANDMARK 141,459.90$ -$ TOTAL WIRE TRANSFERS OUT 197,687.84$ Attachment 2 66 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE THE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 33085, SOUTH ORCHARD, LOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE RECOMMENDATION Adopt a resolution approving the Final Tract Map and Subdivision Improvement Agreement for the South Orchard residential development associated with Tract Map No. 33085; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •Desert Polo Land Company, LLC. (Developer), the developer of the South Orchard, has requested approval of a Final Tract Map. •This is a ministerial action that occurs when the conditions of development are satisfied or secured through agreement. FISCAL IMPACT - None BACKGROUND/ANALYSIS South Orchard is a residential development located at the southwest corner of Madison Street and Beth Circle (Attachment 1). The Final Tract Map subdivides the property into 7 single-family lots. The site is vacant. The Developer seeks approval of the Final Tract Map (Attachment 2) and Subdivision Improvement Agreement (Attachment 3). The Developer has executed the Subdivision Improvement Agreement, submitted a deposit to secure the conditioned on-site improvements, paid for the fair-share off-site improvements, and paid the in-lieu park fee. The Final Tract Map has passed technical review by the City Surveyor and has been signed by the Developer. ALTERNATIVES Staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Interim City Engineer Approved by: Frank J. Spevacek, City Manager Attachments: 1. Vicinity Map 2.Tract Map 33085 3. Subdivision Improvement Agreement CONSENT CALENDAR ITEM NO. 6 67 68 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 33085 WHEREAS, the Planning Manager approved a time extension for Tentative Tract Map No. 33085, as permitted under the Subdivision Map Act, on January 27, 2017, subject to conditions of approval; and WHEREAS, the developer has completed the conditions of approval or secure the incomplete improvements with the Subdivision Improvement Agreements and bonds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the City Council does hereby grant approval of Final Tract Map and Subdivision Improvement Agreement associated with Tract Map No. 33085, as referenced in the title of this Resolution, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of December 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: 69 Resolution No. 2017- Tract Map No. 33085 Adopted: December 5, 2017 Page 2 of 2 _________________________________ WILLIAM H. 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RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33085 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the “Subdivision Laws.” B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-098 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider’s fair share of Improvements which have been or will be constructed by others (“Participatory Improvements”), and payment of plan check and permit 75 2 of 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 76 3 of 9 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G. Security shall be released in the following manner: 77 4 of 9 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off-site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise 78 5 of 9 improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer’s authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie-outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 79 6 of 9 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City’s sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider’s Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents (“Indemnified Parties”) shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 80 7 of 9 b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents (“Indemnified Parties”), by virtue of city’s approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider’s agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non-prevailing party. 81 8 of 9 F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 ________________________________ ___________________ Frank J. Spevacek, City Manager Date ATTEST: ____________________________________________________ Susan Maysels, City Clerk Desert Polo Land Company, LLC, a Delaware limited liability company 425 W 11st Street #500 Los Angeles, CA 90015 By: ______________________________________ ________________________________ James A. Paige Date Title: Chief Operating Officer By: _______________________________________ _______________________________ Date Title: _______________________________________ Reviewed and Approved: ____________________________________ ____________________________ Bryan McKinney, P.E., Interim City Engineer Date Approved as to Form: _____________________________________ ____________________________ William H. Ihrke, City Attorney Date 82 9 of 9 Exhibit A SECURITY – TRACT MAP NO. 33085 ON-SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Mobilization $ 29,923 Rough Grading & Walls $ 112,520 - Street $ 74,147 - Storm Drain $ 47,062 - Water $ 16,300 - Sewer $ 15,200 - Dry Utilities $ 15,000 - Basin Landscaping $ 9,000 - Monumentation $ 10,000 - Totals $ 329,152 - Standard 10% Contingency $ 32,915 - Total Construction Cost $ 362,067 - Professional Fees, Design 10% $ 36,207 - Professional Fees, Const 10% $ 36,207 - Bond Amount $ 434,481 - 83 84 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: APPROVE THE COOPERATIVE AGREEMENT AND FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY BETWEEN THE CITIES OF INDIO, LA QUINTA, COACHELLA, AND COUNTY OF RIVERSIDE FOR THE COST OF A LADDER TRUCK COMPANY RECOMMENDATION Approve Cooperative Agreement and First Amendment to Cooperative Agreement to share the cost of a Ladder Truck Company between the County of Riverside, and the Cities of Coachella and La Quinta; and authorize the City Manager to execute the Cooperative Agreement and First Amendment. EXECUTIVE SUMMARY Since 2006, the City has shared the cost of a ladder truck with the County of Riverside (County), and the Cities of Coachella and Indio. The County issued a new Cooperative Agreement (Agreement) (Attachment 1) to better align contract terms and inconsistencies with the Master Fire Service Agreement. The First Amendment (Amendment) (Attachment 2) will incorporate revisions requested by La Quinta’s City Attorney to clarify agency indemnification and confusing references. FISCAL IMPACT The annual cost is $223,000; this represents the City’s 12.5% of the total cost. There is no impact on the 2017/18 budget; fire service costs are offset by the fire property tax credit. BACKGROUND/ANALYSIS Since 2006, the City has shared the cost of a ladder truck company with the County and the Cities of Coachella and Indio. The County issued a new Agreement to revise the previous contract language to make it consistent with the Master Fire Service Agreement and align the contract terms. The cost sharing arrangement remains the same. The Amendment was requested and drafted by La Quinta’s City Attorney, to provide clarifying language addressing individual city indemnity obligations and to remove confusion regarding references to the three cities as one agency. CONSENT CALENDAR ITEM NO. 7 85 ALTERNATIVES Council may elect not to approve contracts. Prepared by: Martha Mendez, Public Safety Manager Approved by: Chris Escobedo, Community Resources Director Attachments: 1. Cooperative Agreement 2. First Amendment to Cooperative Agreement 86 A COOPERATIVE AGREEMENT BETWEEN THE CITIES OF INDIO, THE CITIES OF LA QUINTA, THE CITIES OF COACHELLA, AND THE COUNTY OF RIVERSIDE TO SHARE THE COST OF A LADDER TRUCK COMPANY THIS AGREEMENT , was made and entered into this 2nd day of __ August , 2016 , by and between the County of Riverside , on behalf of the Fire Department, a political subdivision of the State of California, (hereinafter referred to as "COUNTY") and the CITIES of Indio , CITIES of La Quinta , and the CITIES of Coachella , duly created cities (hereinafter referred to as "CITIES"). And hereinafter may collectively be referred to as the "Parties ". SECTION I: PURPOSE A. The COUNTY has contracted with the CITIES individually for the provision of Fire Protection , Fire Prevention, Rescue , and Medical Services in a separate cooperative agreement respectively. B. The CITIES and COUNTY desire to enter into a cost sharing agreement for a ladder truck which will be of mutual benefit for all involved agencies . C. The CITIES and COUNTY believe the ladder truck staffing cost should be equitably distributed to the participating agencies . NOW, THEREFORE , IT IS AGREED as follows : SECTION II: COOPERATIVE OPERATIONS Emergency Responses: The ladder truck shall be dispatched , when available, to all residential and commercial structure fires within the jurisdictions of the CITIES and COUNTY. The ladder truck shall also be utilized for staffing and expertise in other emergencies relating to entrapment and medical emergencies . The truck shall be located in a position to provide a response time of fifteen minutes, or less , to the CITIES . SECTION Ill: COST SHARE The Parties agree the cost of the ladder truck shall be billed to CITIES by the COUNTY with the normal quarterly billing pursuant to the CITIES respective cooperative agreements, and the cost will be shown as a line item on that bill . The CITIES will receive an estimated cost of the ladder truck staffing based on the top step salaries of the personnel assigned to the ladder truck, at the first of the fiscal year. The cost pool of the ladder truck shall consist of the salaries of 2 .3 Fire Captains , 2.3 Fire COOPERATIVE AGREEMENT TO S HARE THE COST O F A LADDER TRUCK COMPANY C ITIES OF INDIO , LA QUINTA , & COACHELLA July 1, 20 16 to June 30, 2018 1 of7 87 Apparatus Engineers, 3 Firefighter II Paramedics and 1.4 Firefighters II. A maintenance budget of $20 ,000 will also be included in the cost pool. The cost shall be distributed by the CITIES of Indio contributing fifty percent (50%), the County of Riverside contributing twenty-five percent (25%), and the cities of La Quinta and Coachella each contributing twelve and one half percent (12 .5%) of the actual cost of the staffing and maintenance of the ladder truck . SECTION IV: TERM The term of this Agreement shall be from July 1, 2016 to June 30, 2018 . Any party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party's hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY except any notice issued because of actions of CAL FIRE or CITIES , COUNTY agrees to continue to provide Fire Services to CITIES until such time as CITIES has a reasonable opportunity to implement alternative Fire Services . In no event shall this Agreement be terminated by either party after June 30, 2017. SECTION V : INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify , protect, defend and hold harmless CITIES , its agencies , districts , special districts and departments, their respective directors, officers, elected and appointed officials , employees , agents and representatives (collectively, "lndemnitees") for, from and against any and all liabilities , claims, damages , losses , liens , causes of action, suits , awards, judgments and expenses , attorney and/or consultant fees and costs, taxable or otherwise , of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors , agents , or representatives (collectively, "Liabilities"). Notwithstanding the foregoing , the only Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the lndemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, CITIES shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies , departments, directors, officers, agents , Board of Supervisors , elected and appointed officials and representatives (collectively, "lndemnitees") for, from and against any and all liabilities, claims, damages, losses , liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY CITIES OF INDIO, LA QUINTA, & COACHELLA July 1 , 2016 to June 30, 2018 2 of 7 88 caused by, or resulting from (1) the services performed hereunder, by CITIES, or any part thereof, (2) the Agreement , including any approved amendments or modifications , or (3) any negligent act or omission of CITIES its officers , employees , subcontractors , agents, or representatives (collectively , "Liabilities"). Notwithstanding the foregoing , the only Liabil ities with respect to which CITIES 's ob ligation to indemnify, including the cost to defend , the lndemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. SECTION VI: OWNERSHIP, MAINTENANCE. REPAIRS The City of Indio owns the ladder truck and maintains the insurance on said ladder truck . The ladder truck maintenance and/or repair costs shall be paid through the cost allocation plan or as a direct invoice distributed to each Party , with the City of Indio contributing fifty percent (50%), the County of Riverside contributing twenty-five percent (25%), and the cities of La Quinta and Coachella each contributing twelve and one half percent (12 .5%) of the actual cost of the maintenance and/or repair of the ladder truck . SECTION VII : DELIVERY OF NOTICES All notices permitted or required under this agreement shall be given to the respective parties at the following address , or at such other addresses as the respective parties may provide in writing for this purpose. COUNTY OF RIVERSIDE County Fire Chief 210 W. San Jacinto Ave. San Jacinto , CA 92570 CITY OF LA QUINTA City Manager 78-495 Calle Tampico La Quinta , CA 92247 CITY OF INDIO City Manager 100 Civic Center Mall Indio , CA 92201 CITY OF COACHELLA City Manager 1515 5 th Street Coachella , CA 92236 Any notice required to be given hereunder to either party shall be given by personal delivery or be depositing such notice in the U.S. mail to the address listed , certified with return receipt requested , and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred , regardless of method of service . /II COOPERATIVE AGREEMENT TO SHARE THE COST O F A LADDER TRU C K COMPANY C ITIES OF INDI O, LA QUINTA , & CO AC HELLA July 1 , 2016 to Ju ne 30, 2018 3 of? 89 SECTION VIII : GENERAL PROVISIONS A. AL TERA Tl ON OF TERMS No addition to , or alteration of, the terms of this Agreement , whether by written or verbal understanding of the Parties , their officers , agents , or employees , shall be valid unless made in the form of a written amendment to this Agreement , which is formally approved and executed by both Parties . B. DISPUTES CITIES shall select and appoint a "Contract Administrator" who shall , under the supervision and direction of CITIES , be available for contract resolution or po licy intervention with COUNTY , when , upon determination by the Ch ief that a s ituation exists under this Agreement in which a decis ion to serve the interest of CITIES has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITIES and COUNTY emp loyees normally responsible for the administration of this Agreement shall be brought to the attent ion of the Chief Executive Officer (or designated representative ) of each organization for joint resolution . For purposes of this provis ion , a "reasonable period of time " shall be ten (10) calendar days or less . CITIES and COUNTY agree to continue with the responsibilities under this Agreement during any dispute . Disputes that are not resolved informally by and between CITIES and COUNTY representatives may be resolved , by mutual agreement of the parties , through mediation . Such mediator will be jointly selected by the parties . The costs associated with mediato r shall be shared equally among the participat ing parties . If the mediation does not resolve the issue(s), or if the part ies cannot agree to mediation , the parties reserve the right to seek remedies as prov ided by law or in equ ity. The parties agree , pursuant to Battaglia Enterprises v. Superior Court (2013 ) 215 Cal.App.41h 309 , that each of the parties are sophist icated and negotiated this agreement and this venue at arm 's length . Pursuant to th is Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County. Any claims or causes of actions , whether they a rise out of unresolved disputes as specified in this Section or claims by third parties that are made aga inst the COUNTY , shall be submitted to the Offi ce of the Clerk of the Board fo r the County of Riverside in a t imely manner. For claims made against the COUNTY that involve CalFire employees , to the extent permissible under the COUNTY 's contract with CalFire , the c laims w ill be forwarded on to CalFire for process i ng . COOPERATIVE AGREEM E NT TO SH ARE T H E COST OF A LADD ER TRUCK COMPANY CITIES O F IN D IO , LA Q UINTA, & COACH ELLA J ul y 1, 2016 t o J une 30, 2018 4 of 7 90 C . WAIVER Any waiver by any of the Parties , separately or collectively , of any b reach of any one or mo re of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Fa ilure on the part of the Parties to require exact , full and complete comp li ance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof, or estopping any one of the CITIES or COUNTY from enforcement hereof. D. SEVERABILITY If any provision in this Agreement is held by a court of competent j urisd ict ion to be invalid , void or unenforceable , the remain ing provisions w ill nevertheless continue in full force without be ing impaired or invalidated in any way. E. ADMINISTRATION 1. The COUNTY Fire Chief shall administer this Ag reement on behalf of the County of Riverside . 2 . The CITIES respective CITIES Manager shall administer this Agreement on behalf of its own CITIES . F. ATTORNEY 'S FEES If CITIES fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation , in add ition to all other remedies available . In the event of litigation between COUNTY and CITIES to enforce any of the provisions of this Agreement or any right of either party hereto , the unsuccessfu l party to such litigation agrees to pay the prevailing party 's costs and expenses , including reasonable attorneys ' fees , all of which shall be included in and as a part of the judgment rendered in such litigation. G . ENTIRE AGREEMENT This Agreement is intended by the Parties hereto as a final expression of the ir understanding , with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings , oral or written , in connection therewith. [SIGNATURE PROVISIONS ON NEXT PAGE] COOPERA TI V E A GREEMENT T O SHA RE THE COS T O F A LADDER TRUCK COMP ANY CITIES OF INDIO , LA QUINTA, & C OAC HELLA July 1 , 2016 t o June 30, 2018 5 of 7 91 92 Dated : ~{ 101 1-0/(,P ATIEST: By:&.~~ Andrea Carranza Deputy City Clerk (SEAL) ATIEST: KECIA HARPER-IHEM Clerk of the Board Deputy (SEAL) CITY OF COACHELLA By AJ~/k/ fttYMirIB '" APPROVED AS TO FORM : By ~ CityAOme COUNTY OF RIVERSIDE By:~~~~~~~~~~~~ Chairman , Board of SupeNisors APPROVED AS TO FORM : PAMELA J . WALLS , County Counsel By:----------- ERIC STOPHER , Deputy County Counsel \IFPRRU01\rootlrootldata\RRU County Finance\Contract Citoes\COOPERATIVE AGREEMENnCOST SHARE LADDER TRUCK COOPERATIVE AGREEME NT· IN D IO, LA QUI NTA. COACHELLA, COU NTY\Ladder Truck Agmt w -lndio La Quinta Coachella 20160428 docx COOPERATIVE AGREEMENT TO S HARE THE COST OF A LADDER T RU C K COMPANY CITI ES OF INDIO , LA QUINTA, & COACHELLA July 1, 20 16 t o June 30, 2018 7 of 7 93 94 95 96 97 98 99 100 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2016/17 ART IN PUBLIC PLACES ANNUAL REPORT RECOMMENDATION Receive and file the Fiscal Year 2016/17 Art in Public Places Annual Report. EXECUTIVE SUMMARY Per the Municipal Code, the City must expend or commit fees from the Art in Public Places (APP) program within two years of receipt and monies collected must be accounted for in a separate fund. An annual review of administrative expenses is required. There were no administrative expenses for 2016/17. Attachment 1 presents the required analysis; the City has complied with the time limit for expenditure of fees and there are no findings to report. FISCAL IMPACT – None BACKGROUND/ANALYSIS The Municipal Code governs the APP fund. Annually, the City must demonstrate that it has complied with the following: A determination whether or not the fees have been committed for use within two years of collection; fees may be used for: The cost to purchase or create public art and its installation; The cost to purchase or lease art sites; Waterworks, landscaping, lighting and other objects, which are an integral part of the artwork; Frames, mats, pedestals and other objects necessary for proper presentation; Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement; Maintenance and repair; Administrative expenses to implement the APP program; Endowments; and Art replacement. CONSENT CALENDAR ITEM NO. 8 101 Administrative expenses were reasonably assessed to implement this program and that they do not exceed five percent of the total funds in the account on July 1 of any year or $25,000 in any fiscal year. If fees collected are not committed for the aforementioned uses, they are returned to the contributor. Staff analyzed APP fund revenues and expenditures, and no reimbursements are due to contributors. There were no excess administrative costs. During 2016/17, the APP funds were used to purchase the following art pieces: Lawrence Edwards Meyers – Flight of Man Lawrence Edward Meyers – Patent Pending Christine Hausserman – Eclipse ALTERNATIVES As the report is a requirement of the Municipal Code, staff does not recommend an alternative action. Prepared by: Karla Campos, Finance Director Approved by: Frank J. Spevacek, City Manager Attachment: 1. Art in Public Places FY 2016/17 Annual Financial Report 102 City of La Quinta ATTACHMENT 1 Art in Public Places (Fund 270) FY 2016/17 Annual Report Beginning Ending Account Description Fund Balance FY 16/17 Fund Balance Revenues & Other Sources: Developer fees 44,920 Interest income 2,740 Reimbursements Total Sources 47,660$ Expenditures & Other Uses Art Purchases 31,500 Maintenance of Public Art 32,812 Project Administration - Transfers Out for Construction Art Project 0 Total Uses 64,312 Total Available 566,985$ (16,651)$ 550,334$ Two Year Test Using First In First Out Method Summary of Funds Beginning Fund Balance Revenues Collected Expenditures Committed Unspent June 30, 2013 665,689 53,770 253,573 282,627 183,259 June 30, 2014 677,886 99,190 86,993 271,307 418,776 June 30, 2015 682,810 115,356 110,432 253,768 433,966 June 30, 2016 682,810 47,187 163,012 529,000 37,985 June 30, 2017 566,985 47,660 64,312 522,000 28,334 Total Revenue For Last Five Years 315,503$ 614,010$ 1,336,702$ Result : Two Year Spent or Committed Test Met Future commitments for unspent funds are detailed below. Art in Public Places Expenses and Future Commitments Capital Projects and Expenses FY 16/17 Expenses Committed % Complete % funded with fee Sculpture Restorations and Maintenance 29,643 100% 100% Acknowledgement Plaques and Signs 1,850 100% 100% Veterans Day Event Art Piece Updates 1,319 100% 100% Christine Hausserman - Eclipse Art Purchase 3,500 100% 100% Lawrence E. Meyers - Flight of Man Art Purchase 10,000 100% 100% Lawrence E. Meyers - Patent Pending Art Purchase 18,000 100% 100% FY 2017/18 Budget for Art Purchases and Maintenance 122,000 2% 100% Carryovers for Capital Projects - Dune Palms Bridge 200,000 0%1% Shovel Ready Art Projects 200,000 0% TBD Total 64,312 522,000 The Art in Public Places fund is used to account for fees paid in lieu of acquisition, installation, replacement, maintenance and repair of approved art works at approved sites. The fees are refundable if not expended or committed within two years. 103 104 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: APPROVE DECLARATION AND DISPOSAL OF SURPLUS EQUIPMENT RECOMMENDATION Approve the declaration and disposal of surplus equipment. EXECUTIVE SUMMARY The City has accumulated surplus, obsolete and non-functional equipment that has limited market value. Pursuant to the City’s Surplus Supplies and Equipment Policy (Policy), Council must declare property surplus prior to sale. Upon Council approval, a notice for bid will be advertised in The Desert Sun and the City’s website. FISCAL IMPACT Sale proceeds will be deposited into the original Fund they were purchased from. Advertising cost will be approximately $400. BACKGROUND/ANALYSIS The City’s surplus consists of both functioning and non-functioning equipment that is no longer needed or has outlived its purpose (Attachment 1). Surplus items are identified by Department Directors, and the Finance Department consolidates the items for Council’s review. Upon the declaration of surplus, the items are advertised for bid in The Desert Sun and on the City’s website. Per City Policy, if no bids are received, the surplus equipment will be donated to a non- profit organization or discarded. ALTERNATIVES Staff does not recommend an alternative action; this process occurs so that the City may discard surplus property and equipment. Prepared by: Jessica Delgado, Management Assistant Approved by: Karla Campos, Finance Director Attachment: 1. List of Surplus Property and Equipment CONSENT CALENDAR ITEM NO. 9 105 106 Inventory Number Item Type Make/Brand or Description Serial Number Note if Non-working 586 Network Switch 3COM 7758 8‐SLOT CHASSIS YCWF610000002/3C16896 WORKING 587 Network Switch 3COM 5500G‐EI 48PORT 9KMF5XD9E4300/ 3CR17255‐91 WORKING 588 Network Switch 3COM 5500G‐EI 24 PORT 9KMF5XD9E4300/3CR17254‐91 WORKING 589 Network Switch 3COM 5500G‐EI 48 PORT 9KMF5XD9E4200/3CR17255‐91 WORKING 590 Network Switch 3COM 5500G‐EI 48 PORT 9KMF86K396B00/3CR17255‐91 WORKING 591 Network Switch 3COM 5500G‐EI 48 PORT 9KMF63DAE9200/3CR17253‐91 WORKING 592 Network Switch 3COM 5500EI 28 PORT 9KWF9TLD0C1C0/3CR1717‐91 WORKING 593 Network Switch 3COM 5500G‐EI 48 PORT 9KMF8KK473680/ 3CR17253‐91 WORKING 594 Network Switch 3COM 5500G‐EI 48 PORT 9KMF8KK474D00/3CR17253‐91 WORKING 595 Network Switch 3COM 5500G‐EI 48 PORT 9KMF85K2FE400/3CR17253‐91 WORKING 596 Network Switch 3COM 5500G‐EI 48 PORT 9KMF89K3KFD00/3CR17253‐91 WORKING 597 Network Switch 3COM 5500G‐EI 48 PORT 9KMF8FK400500/3CR17253‐91 WORKING 598 Network Switch 3COM 5500G‐EI 48 PORT 9KMF8KK474A80/3CR17253‐91 WORKING 599 Network Firewall SonicWall NSA 3500 0017C598F81C/ 1RK21‐071 WORKING 600 Network Firewall SonicWall NSA 3500 0017cC599B438/1RK21‐071 WORKING 601 Network Firewall SonicWall Pro 3060 0006B10D16A0/1RK09‐032 WORKING 602 Network Firewall SonicWall Pro 3061 0006B10D1698/1RK09‐032 WORKING 603 Network Switch Cisco ME 3400 Series F0C13220V0G6 WORKING 604 Network Router Cisco 2500 Series 25998784/Cisco 2501 WORKING 605 Network Switch 3COM SuperStack 1000BASE 0101/7LNV055332 WORKING 606 Network FIrewall PIX Series 44480360514 WORKING 607 Network Switch 3COM SuperStack 1000BASE 0100/7LSB007942 WORKING 608 Network Switch 3COM Baseline 10/100 0101/lv4g200012873 WORKING 609 Network Switch HP ProCurve Switch CN830ZP23J WORKING 610 Network Switch 3COM Baseline 2924 Bc/2tfgadn4244co WORKING 611 Network Switch 3COM 4400 SuperStack 7pvv65528980 WORKING 612 Network Switch 3COM 4400 SuperStack 7npv657f740 WORKING 613 Radio Antenna Airstream 7641004521/mp‐cu58‐sr NO 614 APC UPS SC100 5s0940t46567 WORKING/FAIR 615 Server HP Proliant DL380 349201‐001 No HDD 616 Server HP Proliant DL 360 m063kyd327 No HDD 617 Server HP Proliant DL 360 use522a6xs No HDD 618 Server HP Proliant DL 360 use522a6xvv No HDD 619 Server HP Proliant DL 361 use522a6xt No HDD 620 Server HP Proliant DL 380 use522a618 No HDD 621 Storage HP Compaq dl380 EAFWLDN72P No HDD 622 Storage NSN 2120 Model G2 X385756 No HDD 623 Server Dell PowerEdge 2950 hvgzqb1 No HDD 624 DVD Player Sharp Xa‐400 207711492 FAIR 625 AV Axxcess Control 703‐02472/axf‐bp FAIR 626 Printer hp laserjet 2430n cngkk70263/q5964a WORKING BUT NEEDS WORK 627 Printer HP Business InkJet 2800 TH7AN5Z010 WORKING 628 Computer HP Compaq 6000 Pro Microtower 2ua9430jl6 No HDD 629 Computer HP Pro 3005 MT MXL01918CL No HDD 630 Monitor 15''Gateway/FPD1730 MUL7007A01108726 WORKING 631 Monitor 15''Gateway/TFT1980PS+MW87AB0H00358 WORKING 632 Monitor 15''HP/px850a CNN7132Z1T WORKING 633 Printer XEROX PHASER 6125 NO SERIAL#FAIR/Needs Work 634 PROJECTOR PANASONIC/PT‐L711U SL0550036 WORKING 635 Monitor 15''SPECTRE/X‐5 AGAMA 137M0028SC1010 WORKING 636 Network Access Point LINKSYS/ WAP610N PUU00M202971 WORKING 637 Monitor 15''IM Engine/Pro‐550 E58A9702866U FAIR/Spearkers on monitor 638 Monitor Stand Kensignton A0834A GOOD 639 Network Switch Netgear 5 port 10/100 GS605 1FE1645A014EE FAIR 640 Wireless Router D‐Link /EBR 2310 F31139B003407 FAIR 641 Network Switch D‐Link/DSS‐5+B205335006032 FAIR 642 Network Switch Netgear 8Port/ Fs608 FS69148CB177478 FAIR 643 Laptop HP 530 CND7370H8M NO HDD/ NO P ER CORD ATTACHMENT 1 107 Inventory Number Item Type Make/Brand or Description Serial Number Note if Non-working 644 Laptop HP/ RD02‐D110 706041675 NO HDD/ NO POWER CORD 645 Laptop HP/ COMPAQ NX6125 CND5350MPV NO HDD/ NO POWER CORD 646 Monitor 15''Gateway/ FPD1730 mul7003d0005996 FAIR 647 Network Print Server Switch HP/ HPDirect 300X SG20452119 GOOD 648 Wireless Bridge Antenna Ruckus Zone Flex 7731 (PAIR) 181255000138/181255000131 FAIR 649 Network Switch 3COM/ Office Connect 3C16790 0400/LRTG3P0112791 WORKING 650 AV Switch PEAEVEY / Media Matrix 8802 51256602 Working 651 AV Switch PEAVEY/Media Matrix XFrame88 11576632 Working 652 AV Switch PEAVEY/A/A8P 11540837 Working 653 AV Switch PEAVEY/ A/A8P 11565199 Working 654 AV Switch PEAVEY/Media Matrix 8802 11578804 Working 655 Computer Scanner Canon Scan LIDE60 uzk039033 Working 656 Computer Scanner Canon Scan LIDE60 uzk186369 Working 657 Computer Scanner Canon Scan LIDE60 uzk180211 Working 658 Computer Scanner CanonScan LIDE50 uza021657 Working 659 Computer Scanner CanonScan LIDE60 uzk039035 Working 660 Computer Scanner CanonScan LIDE60 uzk186192 Working 661 Computer Scanner CanonScan LIDE50 uza021661 Working 662 AV Switcher ALTINEX /MX2416RM 22330 Working 663 Wireless Print Server LiNKSYS/WPS54G SI4006A06344 Working 664 AV Volume Controller N/A N/A Unknown 665 KVM SWITCH Masterview/CS‐104 FB0F0955 Unknown 666 667 Computer Scanner CanonScan LIDE60 uzk216784 Working 668 4 Wheel Dolley 4 Wheel Dolley N/A N/A 669 AV AMPLIFIER LECTRO SONICS INC./ LCA16 N/A Unknown 670 Printer HP Laserjet 1200 CNBSG19622 Not Working 671 AV Wireless Microphone Receiver ONLY/UHF SR40 N/A Working 672 AV Wireless Microphone Receiver ONLY/SHURE LX 926970284 Working 673 AV Switcher EXTRON ADA6300 MXHV 622071022E10910 Working 674 AV Switcher EXTRON ADA6300 MXHV 622071023E10910 Working 675 AV Switcher EXTRON ADA6300 MXHV 618976024E10910 Working 676 AV Scan Converter NEC/ IDC2000 26200280 Working 677 Computer Power Supply ANTEC True Power 650w TP110420234114 Working 678 Computer Docking Station Panasonic CF‐VEB731 5KKSA13129 Working 679 Analog to Ethernet Convertor Mediatrix 1102 001630002P145071486 Working 680 Analog to Ethernet Convertor Mediatrix 1102 001630001P108070087 Working 681 Analog to Ethernet Convertor Mediatrix 1102 001630002P124070222 Working 682 Analog to Ethernet Convertor Mediatrix 1102 001630002P145070962 Working 683 Analog to Ethernet Convertor Mediatrix 1102 001630002P145071019 Working 684 Network Switch 3COM 3C16793 0200/LW1G1I0037319 Working 685 Gooseneck Microphone BeyerDynamic M4HP5VS24EB 14528802 Working 686 Gooseneck Microphone BeyerDynamic M4HP5VS24EB 14297203 Working 687 Fixed Tech Corner Curved Art ACKBTFE800 CDA796 Working 688 External DVD Rewriter/Burner Kangaroo Solutions Unknown Working 689 VGA Video Splitter StarTech ST122L 0733X001710/A1 Working 690 DSL Filter 2Wire LFT/2 6KRCHN‐34981‐OT‐M Working 691 Printer Server Access Communications 1610 00408C5F9EAC Working 692 Power Over Ethernet Adapter PowerDSINE 3001 B05296050014046401 Working 693 Footswitch Infinity FTRUSB Unknown Working 694 Footswitch Infinity FTRDV9 Unknown Working 695 Footswitch Sanyo FS87 Unknown Working 696 Footswitch Sanyo FS56 Unknown Working 697 Headset Microphone Optimus 333012 4029310238 Working 698 BUNDLE (6) Parellel Printer AdapterStarTech ICUSB1284 Unknown Working 699 Parallel Printer Adaptor StarTech ICUSB1284DB25 6503082586 Working 700 Network Console Cable Generic 19040429671011500000 Working 701 Power Adapter 367269/Automotive N/A New (Workin g)108 Inventory Number Item Type Make/Brand or Description Serial Number Note if Non-working 702 Network Switch 3COM/3C16793 0200‐LW1G1Y0056671 Used 703 Computer Speakers Cambriage /SBS36 SW00362392020734 Used 704 Analog Telephone AT&T/ 2Line Black J731002003803304 Used 705 Mouse Keyboard Ext Cable Belkin/ P97886 N/A New (Working) 706 Connectors RJ45 Plug lockings PSL‐DCPLX‐BL New (Working) 707 Connectors RJ45 Plug lockings PSL‐DCPLX‐BL New (Working) 708 Connectors RJ45 Recessed/ Plug Lock psLL‐DCPLRX‐BU New (Working) 709 Connectors Panduit/Data Comm jack black out PSL‐DCJB‐BU New (Working) 710 Connectors Panduit/Data Comm jack black out PSL‐DCJB‐BU New (Working) 711 Server Hardware Kit HP/ 301060‐001/DL360 G3 Rack N/A Used 712 Paper Shreadder Boston/ 1690 N/A Used 713 Computer Monitor HP / L2208W (22in)CNK90615XR Used (Unknown) 714 TAPE DRIVE HP / StorageWorks 4T54kr68k02k Used 715 Universal Boom Headset Plantronics/ 2.5mm port N/A New (Working) 716 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 717 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 718 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 719 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 720 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 721 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 722 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 723 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 724 Wireless Telephone Headset Plantronics/CS50 BC603478 Used 725 Wireless Telephone Headset Plantronics/CS50 BC604809 Used (No power supply) 726 Server Rack Fan Middle Atlantic Products N/A New (Working) 727 Port Replicator Panasonic/ CF‐VEBU06 6GKSA04065‐R Used 728 POE INJECTOR Best Tech/ BPA‐018C BA6400008 USED 729 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 730 Universal Boom Headset Plantronics/ 2.5 mm port N/A New (Working) 731 Server Rack Fan Middle Atlantic Products N/A New (Working) 732 Server Rack Fan Middle Atlantic Products N/A New (Working) 733 DSL Filter Kit 2WIRE/DSLAP2WD N/A Used 734 Computer Modem US Robotics/ 56K 22SBBB1A8VD6 Used 735 Video A/V switch VAC 16368 Used 736 A/V Pre‐Amp Peavey/ A/A‐8P 11495870 Used 737 A/V Remote Control Unit Panasonic / WV‐RC36 49R00206 Used 738 Computer HP Compaq DC5800 MXM8110K3P Used (no hard drive) 739 Computer HP CompaQ DC5700 2UA83001JR Used (no hard drive) 740 Computer HP Compaq DC5700 2UA83001LH Used (no hard drive) 741 Computer HP Compaq DC5800 MXML9110B9V Used (no hard drive) 742 Computer HP CompaQ DC5700 2UA83001LC Used (no hard drive) 743 Computer HP CompaQ DC5700 2UA83001K1 Used (no hard drive) 744 Computer Dell Dimension 4700 5VP4871 Used (no hard drive) 745 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC0427 Used (No power supply) 746 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC1019 Used (No power supply) 747 Computer Monitor Sceptre CM555 N/A Used (No power supply) 748 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC1003 Used (No power supply) 749 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC1021 Used (No power supply) 750 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC0411 Used (No power supply) 751 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC0413 Used (No power supply) 752 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC0410 Used (No power supply) 753 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC0420 Used (No power supply) 754 Computer Monitor Sceptre X5‐AGAMMA 137M0028SC0412 Used (No power supply) 755 Computer HP Compaq DC5800 MXL8511NTG Used (no hard drive) 756 Computer HP Compaq DC5800 MXL8511MHZ Used (no hard drive) 757 A/V Amplifier n/a n/a Used 758 Computer Speakers n/a 980217922 Used 759 UPS‐ Rack Mount 3COM PSE2500‐A 210240A002F056000089 Used 109 Inventory Number Item Type Make/Brand or Description Serial Number Note if Non-working 760 33.6 Faxmodem US Robotics/ Sportster 839 21NJ29T7SPL2 New (Working) 761 Monitor Privacy Filter‐19" 3M/ PF500XL n/a used 762 Computer Speakers Boston BA735 56960 Used w/ power supply 763 Network Interface Card 3COM V3318 000A5E6576C1 New 764 SAS Hard Drive 450G HP DF00450B8054 3QQ0M356 New (Bare Drive) 765 Radio Antenna AirStream MP‐BU58‐CN 7940012662 Used 766 A/V Receiver AMX Corp AXB‐SLD 77701202 Used 767 Slide to Video Projector Kodak Navitar Videomate 2100 223375 Used 768 LCD Tablet w/ Light pen Sympodium ID250 5EFP00057 Used 769 A/V Cordless Receiver Sony IFT‐R20 27242 56237 New 770 Laser Printer HP LJ1200 CNBJC03482 Not Working 771 Computer Docking Station Flextronics EDS20SN 186 Used 772 Video A/V switch Extron 8 Plus 86819 Used 773 Computer Gateway MFATXPNTNVW500S 00‐32318324 Used (no hard drive) 774 Computer Gateway E‐2610D 00‐40423662 Used (no hard drive) 775 CAR harger CC‐26/IPHONE VAPAPVIPH3GCELUC Used 776 Port Replicator Panasonic/ CF‐VEBU06 6DKSA01172R USED 777 Port Replicator Panasonic/ CF‐VEBU07 6DKSA01444R USED 778 Port Replicator Panasonic/ CF‐VEBU08 6GKSA039921 USED 779 AV Axcess Relay Controller AMB‐RELS/ PS4.2 423‐3695 USED 780 Network Cascade Extender Kit Switch 4400 SuperStack MLLWV5E00067B9 NEW 781 KEYBOARD BUNDLE Variety N/A Qty: 5 782 KEYBOARD BUNDLE Variety N/A Qty: 5 783 KEYBOARD BUNDLE Variety N/A Qty: 5 784 KEYBOARD BUNDLE Variety N/A Qty: 5 785 KEYBOARD BUNDLE Variety N/A Qty: 5 786 KEYBOARD BUNDLE Variety N/A Qty: 5 787 KEYBOARD BUNDLE Variety N/A Qty: 5 788 CD‐ROM DRIVE HITACHI/ HLData storage 404hF057018 Used 789 Network Firewall SONICWAL TZ‐170 0006b12d69ec Used 790 Network Firewall SonicWall TZ‐150 0006b121A9c8 Used 791 Network Firewall SonicWall TZ‐150 0006b121A9d2 Used 792 Laptop DVD ROM DRIVE Gateway Solo 5300 vqa12480594 Used 793 INTERNAL CD‐ROM DRIVE LG ‐CRD‐8483B 1AHA044710 USED 794 Network Router LINKSYS/WAP54G MDG204307226 USED 795 Network 5‐PORT HUB ASANTE ‐ FH10T5 826D1428 USED 796 POE INJECTOR Shoretel/PWRDSIN 3001 b05296050014219201 Used 797 POE INJECTOR Shoretel/PWRDSIN 3002 b05296050014178201 Used 798 POE INJECTOR Shoretel/PWRDSIN 3003 b05296050014052701 Used 799 DIGITAL CAMERA CANON/ POWRSHOT A580 6522109679 Used 800 DIGITAL CAMERA KODAK EASY SHARE Z8612IS KCXJ81202676 Used 801 DIGITAL CAMERA KODAK EASY SHARE C763 N/A Used 802 DIGITAL CAMERA KODAK EASY SHARE C653 KCFGP70327421 Used 803 DIGITAL CAMERA KODAK EASY SHARE CX6330 N/A Used/with docking station 804 DIGITAL CAMERA KODAK EASY SHARE CX6330 KCKCI41207640 Used 805 DIGITAL CAMERA CANON/POwerShot A580 6522109678 Used 806 Camera Docking station KODAK N/A USED 807 TV MONITOR SONY/PVM8040 2034628 Used 808 TILT MONITOR SCREEN AXP‐TS 810‐2523 USED 809 OVERHEAD PROJECTOR DUKANE / 653 1830739 USED 810 Touch Screen Panel AXP‐EL/ AMX CORP 797‐2965 USED 811 COMPUTER MONITOR VIEWSONIC/ VLCds24606‐1w A1K033902284 USED 812 COMPUTER MONITOR Gateway/ FPD1765 ME55590L12088 USED 813 COMPUTER MONITOR Gateway / FPD1750 ME74A90L01609 USED 814 COMPUTER MONITOR LG / L171‐BNQAUSKEP 608UKEZ18092 USED 815 PRINTER ZEROX/ COPYCENTER Z20 RYR383935 USED 816 PRINTER ZEROX/ COPYCENTER Z20 RYR383835 USED 817 PRINTER HP Laserject 1200 CNBSH77202 USED 110 Inventory Number Item Type Make/Brand or Description Serial Number Note if Non-working 818 PROJECTOR HITACHI/CP‐X5021N f1a000858 USED 819 Network Router LINKSYS/BEFSR41 C2130D741274 USED 820 Keyboard Bundle HP N/A Pack of 5 821 Keyboard Bundle HP N/A Pack of 6 822 Computer Speakers Altec Lansing/ GCS100 N/A No Power cable 823 Computer Speakers Altec Lansing/ GCS100 N/A No Power cable 824 Computer Speakers Gateway/G-Maz-2000 1004005578 Working 825 Audio Headset 2.5mm Plantronics/ MX250 MCAE 1722912132 New 826 Mimi Port Replicator Panasonic/ CF-VEBU06W 7eksa06059 New 827 Mouse Bundle HP N/A 5 PS/2 mices 828 Computer Speakers Altec Lansing/ GCS100 N/A Works with Power cable 829 Computer Speakers Altec Lansing/ GCS100 N/A Works with Power cable 830 Computer Speakers Altec Lansing/ GCS100 N/A Works with Power cable 831 AV 4in speakers N/A N/A Box of 10 speakers 832 Mouse Bundle HP/Gateway N/A Some do not work Pack of 8 - PS/2 833 Wireless Mouse Bundle Variety N/A Pack of 20 Wireless Mouses/devices 834 Network Access Point Linksys/ WAP54G MDG30F311837 N/A Used/ No power cable 835 Network Wireless-G PCI adapter Linksys/ WMP54G MD130F185370 N/A Computer PCI card 836 AV Mic Wall plate connectors Variety of AV MIC plates audio N/A Pack of 10 837 AV Audio cable Variety of AV cables N/A Small box of audio cables 838 Network Switch 3COM/ 3C16794 8 port 0500/LW2G420411478 Used 839 Network Switch 3COM/3C16793 5 Port 0100/LW1G006329 Used / No power cable 840 Print Server HP/JetDirect 300x SG20441988 Used / No power cable 841 Print Server I-O Corpt/ 5435dp AFP/IPDS 8143374 Used/ No power cable 842 Print Server I-O Corpt/ 5435dp AFP/IPDS 8173868 Used/ No power cable 843 AV USB Mixer Antex Electronics/ DMX-4 2.489E+11 Used 844 Audio Headset 2.5mm Plantronics/ MX250 MCAE 1722912132 New 845 Network Transceiver Addtron/ 10Base-T EN60950 Used 846 Printer HP/ Laserjet P2035n VNB3H20815 Used 847 AV Gooseneck MIC Beyerdynamic/ Classic GM 302 2453 New 848 AV Gooseneck MIC Beyerdynamic/ Classic GM 303 489557 New 849 AV Gooseneck MIC Beyerdynamic/ Classic GM 304 2150 New 850 AV Gooseneck MIC Beyerdynamic/ Classic GM 305 2457 New 851 AV MICs Beyerdynamic/ Classic GM 302 N/A Pack of 10 Used 852 Portable Car GPS TomTom/ One XL 4211bc00250 Used 853 Portable Car GPS TomTom/ One XL 4411ba00675 used 854 Portable Car GPS TomTom/ One XL 43118b00022 Used/ No power cable 855 Portable Car GPS TomTom/ One XL 4211be0050 Used/ No power cable 856 AV Gooseneck MIC Shure Microflex/ Condenser 150q N/A Used 857 AV Gooseneck MIC CountryMan Assoc. /m4hp5vs24eb 14297207 Used 858 AV Gooseneck MIC Shure Microflex/ Condenser 150q N/A Used 859 AV Gooseneck MIC Shure Microflex/ Condenser 150q N/A Used 860 AV Gooseneck MIC Shure Microflex/ Condenser 150q N/A Used 861 AV Gooseneck MIC CountryMan Assoc. /m4hp5vs24eb 14297202 Used 862 AV Gooseneck MIC CountryMan Assoc. /m4hp5vs24eb 14297205 Used 863 AV Gooseneck MIC CountryMan Assoc. /m4hp5vs24eb 14297206 Used 864 AV touch display AMX Corp/ AXP-EL+797-2972 Used 865 Radio Antenna AirStream/ MP-CU58-SR 7641004486 Used/ Not Working 866 Analog Phone AT&T/952 j731002003804304 used 867 Computer Speakers Labtec/ LCS-150 N/A Used 868 Digital/Analogo Telephone RCA/ VISYS 25250re1-a 80005602 used 869 Network LansSwitch Module H3C 210231a971b106000057 Used 870 Portable Car GPS TomTom/ One XL 43118b00022 Used/ No power cable 871 Receipt Printer ithaca/ iTherm 280 WD004075098 Used 872 Tape Reader TANDBERG DATA/ 3520 LTO HU1019A906 Used/ Broken 873 Analog/Digital Telephone Panasonic/ KX-T7636 5HCSE003771 USED 111 Inventory Number Item Type Make/Brand or Description Serial Number Note if Non-working 874 Analog/Digital Telephone Panasonic/ KX-T7637 5GCSE003408 USED 875 Analog/Digital Telephone Panasonic/ KX-T7638 5HCSE003775 USED 876 Office Chair Steelcase Inc/ 116/117 TS30106 Purple Square High Back 877 Office Chair NorthStar Office Products CA33813 Black Leather High Back/ Tears on side 878 Office Chair Steelcase Inc/ 116/117 TS30106 Purple Square High Back 879 Office Chair Steelcase Inc/ 116/117 TS30106 Purple Square High Back 880 Office Chair SITAG N/A Diamond back/ Ligh brown 881 Office Chair SITAG N/A Diamond back/ Ligh brown 882 Common Area Chair N/A N/A Leather seat/ Brown 883 Common Area Chair N/A N/A Leather seat/ Brown 884 Common Area Chair N/A N/A Leather seat/ Brown 885 Common Area Chair N/A N/A Leather seat/ Brown 886 Common Area Chair N/A N/A Leather seat/ Brown 887 Manager Chair 16686-US 10418858 Black Plush 888 Manager Chair 13369‐US 6253 High Back Fabric 889 Office Chair Hon Company/ 4512378244 Black Cloth 890 Small Server Rack N/A N/A 2FT X 3FT 112    113 Inventory Number Item Type Model/Brand Model Number or Description Serial number Condition City ID Operational Kelley Blue Book Value if "good" Condition 891 Small Truck Ford 2007-Ranger 1FTYR10U37PA48482 Suggested repairs: New tires; Serpentine Belt; Replace Shcocks; Both Upper Control Arms Bushings; Both Lowers Ball Joints; Alignment with repairs. V# 59 Yes $ 3,500 892 Small Truck Ford 2007-Ranger 1FTYR10U17PA48481 Good-Has a recall V# 60 Yes $ 3,500 893 Street Sweeper Tymco 2004 1FVABTB504HM31166 Poor Tymco Sweeper Unknown $ 15,000 Grand Total $ 22,000 ATTACHMENT 1 ATTACHMENT 1114 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES TO PREPARE A SYSTEMIC TRAFFIC SAFETY ANALYSIS REPORT RECOMMENDATION Approve the Agreement with Kimley-Horn and Associates to prepare a Systemic Safety Analysis Report in the amount of $139,942, and authorize the City Manager to execute the Agreement (Project No. 2017-08). EXECUTIVE SUMMARY •The City received a federal grant to prepare a Systemic Safety Analysis Report (Report) to analyze traffic safety, and develop and prioritize specific countermeasures along major corridors and intersections. •The Report would favorably position the City to compete for future Highway Safety Improvement Program (HSIP) funds. •Kimley-Horn and Associates was selected as the most qualified consultant by the Consultant Selection Committee (Committee). FISCAL IMPACT The City’s HSIP grant will reimburse the City 90% of the cost to prepare the Report. The City’s 10 % local share (Measure A funds) was budgeted in the 2017/18 Capital Improvement Program (CIP) through the Citywide Traffic Signal Maintenance Improvements, and budgeted to Project No. 2017-08. The total project budget is: Total Budget Federal Funds (90%) Measure A (10%) Professional: $ 139,942 $ 125,947.80 $ 13,994.20 Report Preparation: $ 15,058 $ 13,552.20 $ 1,505.80 Total Budget $ 155,000 $ 139,500.00 $ 15,500.00 BACKGROUND/ANALYSIS On May 3, 2016, City Council ratified submission of a grant application to produce a Systemic Safety Analysis Report. This Report will provide the detailed, data driven safety evaluations, which consider crash volumes and accident rates to determine cost effective solutions, necessary for HSIP grant applications. In addition to CONSENT CALENDAR ITEM NO. 11 115 providing a basis for applying for future HSIP grants, the Report will include a detailed investigation of the City’s transportation system, an analysis of crash data and a list of infrastructure improvements that will improve traffic operations. In May 2017, Caltrans approved the grant. Staff prepared a Request for Proposal (RFP) and received five proposals from the following consultants: 1. Kimley-Horn and Associates 2. GHD 3. Willdan Engineering 4. Linscott, Law, and Greenspan 5. Quantum Consulting After thorough review, the committee selected Kimley-Horn and Associates as the most qualified consultant to enter contract negotiations. ALTERNATIVES City Council may choose to not approve the Agreement, re-negotiate terms or re- advertise the RFP. Prepared by: Bryan McKinney, P.E., Interim City Engineer Approved by: Frank J. Spevacek, City Manager Attachment: 1. Agreement for Contract Services 116 698/015610-0002 11222891.1 a11/16/17 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and KIMLEY-HORN AND ASSOCIATES, Inc, a corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to the City of La Quinta Systemic Safety Analysis Report, Project No. 2017-08, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents that Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. ATTACHMENT 1 117 698/015610-0002 11222891.1 a11/16/17 -2- 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization, by Contract Amendment, from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the 118 698/015610-0002 11222891.1 a11/16/17 -3- Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Thirty-Nine Thousand, Nine Hundred Forty-Two Dollars ($139,942) (the “Contract Sum”), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings specifically outlined in the Scope of Services. Attendance at any other meetings reasonably deemed necessary by City; shall be considered additional services. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.6 of this Agreement shall be 119 698/015610-0002 11222891.1 a11/16/17 -4- paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on December 6, 2017, and terminate on December 6, 2020, (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”). The extended term shall commence automatically, with no further action or amendment to this Agreement required, unless, with or 120 698/015610-0002 11222891.1 a11/16/17 -5- without cause, and upon no less than thirty (30) days' written notice to Consultant (“notice of non-renewal”), City notifies Consultant that this Agreement shall expire prior to the commencement of the applicable extended term. 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Jean Fares, PE, Project Manager/Vice President E-mail: jean.fares@kimley-horn.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer” shall be Bryan McKinney, PE, Interim City Engineer or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written 121 698/015610-0002 11222891.1 a11/16/17 -6- approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party 122 698/015610-0002 11222891.1 a11/16/17 -7- represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing 123 698/015610-0002 11222891.1 a11/16/17 -8- design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall become the property of City upon payment for such services of work product and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the 124 698/015610-0002 11222891.1 a11/16/17 -9- event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 125 698/015610-0002 11222891.1 a11/16/17 -10- 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or 126 698/015610-0002 11222891.1 a11/16/17 -11- different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 127 698/015610-0002 11222891.1 a11/16/17 -12- 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally, emailed, or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. 128 698/015610-0002 11222891.1 a11/16/17 -13- To City: CITY OF LA QUINTA Attention: Bryan McKinney, PE Interim City Engineer 78-495 Calle Tampico La Quinta, California 92253 Email: bmckinney@la-quinta.org To Contracting Party: KIMLEY-HORN AND ASSOCIATES, Inc Attention: Jean Fares, PE Project Manager/Vice President 3880 Lemon Street, Suite 420 Riverside, CA 92501 Email: jean.fares@kimley-horn.com 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and 129 698/015610-0002 11222891.1 a11/16/17 -14- to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 130 131 698/015610-0002 11222891.1 a11/16/17 Exhibit A Page 1 of 1 Last revised summer 2017 Exhibit A Scope of Services The Scope of Services shall be in accordance with the attached Scope of Services. 132 EXHIBIT A SCOPE OF SERVICES Task 1. Project Management The Kimley-Horn team will provide the following services for commencement and administration of the project. Task 1.1: Project Kick-Off Meeting Kimley-Horn will develop an agenda and materials for a kick-off meeting with City staff to discuss the goals of the project and role of the Kimley-Horn team and all stakeholders. Administrative items will be discussed including communication protocol, meeting frequency, progress reporting, scheduling and invoicing, and other relevant project information such as key milestones through the project and what defines success for this project. A summary of the meeting will be provided with key action items identified. Task 1.2: Budget & Schedule Kimley-Horn will proactively manage the project budget and schedule. We will update the project schedule monthly and coordinate the key action items developed from project team meetings. Kimley-Horn will develop monthly invoices and progress reports for payment and monitoring of the project schedule and budget. The monthly progress report will include an updated project schedule that identifies potential issues within the monthly progress report. Task 1.3: Project Team Meetings Monthly Project Team (PT) status meetings will occur via telephone, using a Kimley-Horn conference call phone number, to maintain a regular and consistent communication on upcoming tasks, identifying potential risks and challenges to success. Participation in the monthly meetings is anticipated to inc lude the City Project Manager, the Kimley-Horn team Project Manager and Senior Technical Advisor. In addition, we have budgeted up to three (3) face to face meetings with the PT team to help support the project. The status meetings will occur to make sure that the project remains on time and within budget, and expectations are defined. The Kimley-Horn team will develop the agenda and prepare a summary of monthly meeting notes. The meeting notes will not exceed two pages, and will include a defined list of decisions, actions, and responsible party. The anticipated duration of this project is assumed to be 10 months. Task 1.4: Plan & Policy Review Kimley-Horn will review local City planning efforts including: •Bicycle Master Plan •Annual bike counts/lockers/transit-friendly locations •Pavement maintenance projects •Bicycle focus groups/advocacy groups •2016 General Plan 133 • City traffic and transportation projects • Other relevant studies identified by staff including: o La Quinta Speed Surveys o School Signage Study o Curve Warning Signage Study Kimley-Horn will review City staff’s existing knowledge by focusing on identifying collision hot spots and recommendations. Kimley-Horn will also review relevant documents to identify key goals and mandates needed for achieving improved safety and accommodation for people walking and biking. The Kimley- Horn team will incorporate information and strategies from the following relevant national and statewide documents: • US DOT Strategic Agenda for Pedestrian and Bicycle Transportation • California Transportation Plan 2040 • Caltrans Strategic Management Plan 2015-2020 • Caltrans Smart Mobility Framework • Caltrans State Bicycle & Pedestrian Plan • Southern California Association of Governments Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) • HSIP and SSARP Program Guidelines • Caltrans Deputy Directive 64-R2 • Caltrans Smart Mobility Framework Implementation Pilot Study (March 2015) • Caltrans Complete Intersections (2010) • Caltrans Complete Streets Implementation Action Plan 2.0 • Local Roadway Safety Manual (LRSM) • Alternative Treatments for At-Grade Pedestrian Crossings (ITE) • Bicycle Safety-Related Research Synthesis (FHWA) • BIKESAFE: Bicycle Safety Guide and Countermeasure Selection System • Countermeasures That Work (NHTSA) • Design and Safety of Pedestrian Facilities (ITE) • Guide for the Development of Bicycle Facilities (American Association of State Highway and Transportation Officials) • How to develop a Pedestrian Safety Action Plan (FHWA and Pedestrian & Bicycle Information Center (PBIC)) • Improving Conditions for Bicycling and Walking (US Department of Transportation (USDOT) 134 Task 1.5: Project Goals & Objectives The Kimley-Horn team will develop project goals and objectives for the project considering the Caltrans SSARP Guidelines (February 2016), which recognize that this SSAR is for the City to apply an effective approach for addressing safety issues and to identify safety projects to submit for HSIP funding consideration. Additional considerations will include recognition of the nation al Toward Zero Deaths Initiative, the California SHSP and other national, state, and regional goals for safety, sustainability, mobility and accessibility, and equity. The draft goals and objectives will be discussed with City staff. Based on input receiv ed on the draft project goals and objectives, the Kimley-Horn team will prepare the final project goals and objectives. Kimley-Horn will prepare a technical memorandum summarizing the results of the plan and policy review, as well as the development of the project goals and objectives. Task 1 Deliverables 1.1: Kick-off Meeting Attendance and Notes 1.2: Budget and Schedule, Invoices, Progress Reports (10 Invoices) 1.3: Monthly PM Status Meeting and Meeting Notes (10 Meetings) 1.4: Draft and Final Plan & Policy Review Technical Memorandum 1.5: Draft and Final Project Flow Chart, Project Goals & Objectives Technical Memorandum Task 2. Safety Analysis Kimley-Horn, along with our subconsultants Crossroads and NTS, will use our specialty skills in analyzing collision data collected and used by agencies in California. Our team will incorporate tools such as the Transportation Injury Mapping System (TIMS) and collision data from the California SWITRS. We will apply rigorous statistical methods to clean, reduce, and normalize large datasets to remove outliers and focus on significant findings. We will consider the guidance of the Local Roadway Safety Manual (LRSM) in completing the analysis to focus on safety at a systemic level. We will pursue a proactive approach to mitigating the likelihood of collisions that have not occurred yet as opposed to focusing on locations with a history of crashes (“black spot analysis”). The objective is to take the historic collision data and derive collision risk factors for the entire network rather than focusing on spot locations. The findings of the analysis will inform the identification and prioritization of engineering and non-infrastructure safety measures that addresses certain roadway characteristics and related behaviors that contribute to motor vehicle collisions with active transportation users. Task 2.1: Traffic Count Data Collection Our subconsultant, NTS, will collect AM and PM peak hour intersection turning movement counts at the following intersections: 1. Calle Sinaloa & Avenue 52 2. Fred Waring Drive & Adams Street 3. Highway 111 & Adams Street 4. Highway 111 & Dune Palms Road 5. Highway 111 & Jefferson Street 6. Highway 111 & Washington Street 135 7. Jefferson Street and Avenue 48 8. Jefferson Street & Avenue 50 9. Jefferson Street & Avenue 52 10. Washington Street & Avenue 48 11. Washington Street & Avenue 50 12. Washington Street & Avenue 52 13. Washington Street & Calle Tampico 14. Washington Street & Eisenhower Drive 15. Washington Street & Fred Waring Drive NTS will also collect 24-hour daily traffic counts for a typical weekday at up to 30 roadway segment locations within the major corridors of: • Fred Waring Drive • Miles Avenue • Highway 111 • Avenue 48 • Avenue 50 • Avenue 52 • Washington Street • Adams Street • Dune Palms Road • Jefferson Street Task 2.2: Crash Data Analysis Our subconsultant, Crossroads, will implement a data-driven approach to analyze crash patterns and trends in the City using the SWITRS dataset. Since SWITRS requires at least a year to process the latest data submitted by law enforcement, Crossroads will construct a dataset that is complete and current by including the 2016 data reported by the La Quinta Police Department. Crossroads will prepare descriptive statistics providing cross-tabulations on the number of collisions with a focus on injury (severe and non - severe) and fatality totals. Crossroads will also study correlations between collisions with other environmental variables captured in the SWITRS reports such as the time of day, weather, roadway conditions, and behavioral factors. This data will be included in a point-based Shapefile (GIS), which will be used to create a map displaying the location of each collision. The historical data will be used to derive collision risk factors for the entire network. 136 Crossroads will extract a subset of the data to supplement the SWITRS data analysis with actual police department reports. The reports will be used in field audits of the collision scene to help the analysis further understand how the data is compiled and highlight any possible details that could be lost, as the records across the state are standardized into the SWITRS dataset format. Crossroads assume a review of up to 10 collision records from local police departments that reference the unique Case ID value in the SWITRS dataset. From this compilation of data, Kimley-Horn will develop a Crash Analysis Technical Memorandum which identifies trends and correlations between characteristics of each collision. These statistics will highlight patterns associated with injury and fatality collisions. Task 2.3: Roadway Analysis Once the collision locations in the SWITRS dataset has been mapped in GIS, Kimley-Horn will explore how the collisions are related spatially with respect to the characteristics and data attributes. Additionally, we will add other GIS layers to study spatial relationships between collisions at bikeway facilities, transit routes and facilities, sidewalk conditions and pedestrian activity centers such as s chools and public institutions. Once we create a point-based shapefile (GIS) of each collision location from the SWITRS dataset, we will use a spatial join in GIS to intersect the locations with the network. The intersection between the two layers will allow us to classify each collision by network attributes such as the classification, number of lanes and Average Annual Daily Traffic (AADT). Using the network and a local roadway shapefile, we will create a system of nodes to classify intersection by type (signalized or unsignalized and by size – small, medium, or large). Where collision locations are not located at a node, we will focus on collisions at mid- block locations and cross check the SWITRS dataset to understand the pedestrian action when the incident occurred. Kimley-Horn will maintain geometric information for the roadways (length, posted speed, travel lanes, etc.) using the network shapefile. With the aid of pictometery imagery, we can efficiently observe and verify on the ground conditions. The roadway characteristics coded in the network will be used in the spatial analysis to help identify risk factors for bicycle and pedestrian collisions. Additionally, we will overlay the collision locations with other spatial layers to get a complete picture of how collision are related to other transportation network facilities, as well as land use and demographic datasets. The following data layers will be analyzed in GIS to study the intersection and proximity to the collision locations: • Bus routes • Local transit service and community circulator routes • Regional and local bikeway facilities • Transit nodes • Parks, trails, and open space • Major destinations identified by parcel land use designations • Population and employment data in Traffic Analysis Zone (TAZ) geographies • Household population data in Census geographies 137 Task 2.4: Issues Identification Kimley-Horn will identify collision risk factors at a systemic level based on the data analysis and methods in Task 2.1 and Task 2.2. We will synthesize the data into collision rates that indicate whether the incidence of collision types and severity have a correlation with: • Roadway characteristics such as the intersection type, pavement conditions, and geometrics • Temporal characteristics such as the day of week, time of day, and seasonality • Behavioral characteristics such as forms of impairment, distraction, traffic violation factors, vehicular operations, and pedestrian movements • Proximity to active transportation facilities and activity centers • Socioeconomic indicators stratified by population levels, income, age, and access to an au tomobile Kimley-Horn will use data visualizations to convey technical findings to a wide variety of audiences. Due to the spatial nature of collision analysis, we will leverage GIS effectively to help both technical and non- technical staff to understand important trends and patterns that could be driving collision rates. We will develop infographics and summary charts and tables that allow users to qui ckly drill-down into the data. Based on the crash data and roadway analysis, we will develop a risk factor analysis that ranks locations for the potential for crashes with factors in addition to crashes. The risk factor analysis is a critical component to proactively identify sites for improvement as part of a systemic approach. The risk factor analysis will be statistically validated by the crash data and roadway analysis input and presented to the PDT for review and acceptance. The risk factor analysis will be used to effectively identify the key safety issues that need to be addressed by clearly displaying the disaggregated data that is easily understood by technical staff, public officials, and the public. The existing data will be reviewed to determine the categories t hat the City of La Quinta crash data can be disaggregated into. Task 2 Deliverables 2.1: Traffic Count Data Collection Sheets to be included in Roadway Analysis Technical Memorandum 2.2: Draft and Final Crash Analysis Technical Memorandum and GIS Crash Data Layer (raw & post- processed) 2.3: Draft and Final Roadway Analysis Technical Memorandum 2.4: Draft and Final Issues Identification Technical Memorandum Task 3. Prepare Systemic Safety Analysis Report Following data analysis and trends identification, the Kimley-Horn team will develop a list of recommended countermeasures to reduce the likelihood of future crashes. Countermeasures will be based on nationally-published data with documented Crash Modification Factors (CMFs) and supplemented by additional infrastructure solutions where crash reduction benefits are anticipated. The study will help identify criteria for local jurisdictions to prioritize projects such as the B/C ratio or other methods to identify the most competitive projects for advancement to funding and implementation, as agreed upon by the City of La Quinta. 138 Task 3.1: Infrastructure Recommendations Based on the common geometric, operational, or other trends identified from the crash analysis, countermeasures will be identified for potential implementation with nationally documented CMFs. Lower cost improvements addressing documented safety needs will be prioritized to align with goals for high benefit/cost (B/C) ratios. Additionally, a summary matrix will consider additional criteria for po tential use such as ease of implementation, cost, and potential community impacts . The Caltrans LRSM and FHWA CMF Clearinghouse website will be used to identify the most appropriate countermeasures to mitigate specific crash types. A preliminary list of potential countermeasures will be developed based on the Caltrans LRSM to address active transportation safety issues. Where the Caltrans LRSM nor FHWA CMF Clearinghouse do not include countermeasures applicable to address countermeasures for Riverside County-specific trends, the Kimley-Horn team will supplement the list with additional infrastructure solutions. Where additional countermeasures are identified, a CMF will be approximated based on comparison to other countermeasures and our engineering judgement. The study will note if additional countermeasures are identified, but are not eligible in Caltrans’ local HSIP calls for projects. After the countermeasures are selected for specific issues, the process will be defined on how agencies will use a Project Selection Decision Tree for the highest scoring locations in the risk factor analysis. The Project Selection Decision Tree will be developed to define the procedure f or agencies to select projects. Task 3.2: Non-Infrastructure Recommendations Using the data analysis from Task 3 and our experience with national best practices and knowledge of local non-infrastructure counter measures, we will identify a list of non-infrastructure counter measures for the City of La Quinta that will include strategies for reducing crashes through education, enforcement and/or emergency response. A technical memorandum will be provided that summarizes the background information, specific counter measures, implementation strategies and anticipated effectiveness of the non-infrastructure recommendations. Task 3.3: Prioritization Process The Kimley-Horn team will work with the City to develop a prioritization process. Options for the prioritization process include creating separate categories for different funding sources and/or facility types, different timeframes (short, medium or long term) and would use anticipated crash reduction, benefit/cost or other similar factors. After receiving initial direction from the City on the prioritization process, we will develop a technical memorandum summarizing the proposed prioritization process. The prioritization process will be revised to incorporate City comments prior to creating the preliminary prioritized list. The memorandum will be updated to include the prioritization process and the prioritized list of projects. Within the prioritization, the Kimley-Horn team will prepare a unit cost estimate for application of each of the countermeasures including estimated project development, administration, environmental, right-of- way, and construction costs. The Kimley-Horn team will utilize the Template for Detailed Engineer’s Estimate and Cost Breakdown by Countermeasure included on the HSIP application website. Task 3.4: Template Project Sheets As the SSAR is a systemic study, template project sheets will be developed at up to five representative locations to provide benefit, costs, and B/C ratios to better support future agency grant applications under the HSIP program. Kimley-Horn will work with City staff and the PDT to develop five example locations before developing the template project sheets. Additionally, the Kimley-Horn team will provide examples of prioritization criteria. 139 The Kimley-Horn team will work with the PDT to identify opportunities for project specific implementation, develop an action plan, and provide guidance for securing funding to address recommendations and achieve the goals and objectives identified for the SSAR. Task 3.5: Action Plan An action plan will be developed to establish partnerships, roles, and responsibilities for advancing the SSAR recommendations. The Kimley-Horn team will develop material to guide preparation of HSIP grant applications by local jurisdictional staff. The mechanism to help guide staff will be developed in coordination with the PDT. W e will prepare a guidebook that will be developed as part of the project that included clear steps for the process, examples, and a checklist. The guide would be available in digital and hard copy format, and development will occur in consultation with the PDT. Task 3.6: Funding Recommendations The Kimley-Horn team will develop a matrix of funding opportunities to implement the SSAR recommendations. The funding sources will include local, regional, state, and federal sources, and will include a variety of fund types including transportation, transportation safety, beha vioral traffic safety, air quality, water quality, health, and sustainability sources. The funding list will include both public and private sources and will include details on what each funding source can address such as feasibility analysis, environmental review, right-of-way acquisition, final design, construction, and maintenance. Task 3.7: Draft and Final Report The results of prior tasks will be incorporated into an administrative draft report for review by the City, then a draft report for review by the PDT. The report will outline the process for developing the SSAR and the recommendations. As required by the grant guidelines, the SSAR will include an executive summary, engineer’s seal and signature, and protection of data from discovery and admissions. The Kimley-Horn team will revise the draft based on comments compiled and provided by City staff. The final report will be distributed to the PDT, with presentations summarizing the report. Based on the final report, the Kimley-Horn team will develop a summary presentation that details the process for developing the SSAR, the recommendations, next steps, and call to action. The Kimley-Horn team will develop a QC/QA checklist specifically for all project deliverables on this project that will be completed by an internal independent reviewer and included with the draft and final report submittal. Task 3 Deliverables 3.1: Draft and Final Engineering Recommendations Summary Memorandum 3.2: Draft and Final Non-Infrastructure Recommendations Summary Memorandum 3.3: Draft and Final Project Prioritization Summary Memorandum 3.4: Draft and Final Five (5) Template Project Sheets 3.5: Draft and Final Action Plan Summary Memorandum 3.6: Draft and Final Funding Recommendations Summary Memorandum 3.7: Draft and Final Administration, Draft, and Final Report; Summary Presentation 140 698/015610-0002 11222891.1 a11/16/17 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is One Hundred Thirty-Nine Thousand, Nine Hundred Forty-Two Dollars ($139,942) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 141 197.53% Overhead % NameJean Fares Colety Chase Melchor197.02% Overhead % w/o FCCM Category/TitleProject ManagerPIC/ Sr. Tech. AdvisorQC/QA Prof. II Prof. I Analyst Project Support10% Fee % Direct Rate$82.22 $76.44 $60.10 $59.86 $46.64 $35.16 $25.74Billing Rate $269.05 $250.14 $196.67 $195.88 $152.62 $115.05 $84.23Task 1: Project Management54334 4408422241 $ 43,706 1.2Project Kick-Off Meeting40 4 4416 $ 2,657 1.3Budget & Schedule12112429 $ 5,196 1.3Project Team Meetings24241624896 $ 19,030 1.4Plan & Policy Review1042 1224456 $ 9,533 1.5Project Goals & Objectives44212 20244 $ 7,290 Task 2: Safety Analysis1666 42 24 8020194 $ 29,764 2.1Traffic Count Data Collection44210 $ 1,705 2.2Crash Data Analysis4228820650 $ 7,564 2.3Roadway Analysis422 26836684 $ 12,931 2.4Issues Identification4228820650 $ 7,564 Task 3: Prepare Systemic Safety Analysis321222 46 66 11028316 $ 50,036 3.1Infrastructure Recommendations4146810437 $ 5,997 3.2Non-Infrastructure Recommendations4124610431 $ 4,906 3.3B/C Ratio Calculations4124610431 $ 4,906 3.4Template Project Sheets4122410427 $ 4,209 3.5Demonstration Project Identification42468 2 26 $ 4,258 3.6Action Plan42468 2 26 $ 4,258 3.7Funding Recommendations22466 222 $ 4,085 3.8Draft and Final Report6 6 4162454 6 116 $ 17,417 TOTAL HOURS 1025132 132 90 27470751Subtotal Labor: 27,443$ 12,757$ 6,293$ 25,856$ 13,736$ 31,525$ 5,896$ $ 123,507 Other Direct Costs $ 16,435 Labor Escalation $ 1,235 Expenses $ 1,700 Collision Data (Crossroads) $ 6,000 Traffic Counts (Newport Traffic Studies) $ 7,500 TOTAL COST: $ 139,942 Kimley‐Horn and Associates, Inc.TotalKH HoursTotal KH CostSYSTEMIC SAFETY ANALYSIS REPORTCITY OF LA QUINTANovember 6, 2017142 Local Assistance Procedures Manual EXHBIT 10-H Cost Proposal Note: Mark-ups are Not Allowed Consultant Contract No. SSAR Date 11/6/2017 DIRECT LABOR Hours Actual Hourly Rate 102 $82.22 51 $76.44 32 $60.10 132 $59.86 90 $46.64 274 $35.16 70 $25.74 LABOR COSTS a) Subtotal Direct Labor Costs 37,743$ b) Anticipated Salary Increases 377$ (see Escalation Calc attached) c) Total Direct Labor Costs [(a) + (b)] 38,120$ FRINGE BENEFITS d) Fringe Benefits Rate: 42.14% e) Total Fringe Benefits [(c) x (d)] 16,064$ INDIRECT COSTS f) FCCM Rate: 0.51%g) FCCM [(c) x (f)] h) General and Administrative Rate: 154.88%i) Gen & Admin [(c) x (h)] j) Total Indirect Costs [(g) + (i)] $59,235 FEE (Profit) q) Rate: 10.00% k) TOTAL FIXED PROFIT [(c) + (e) + (i)] x (q) $11,322 OTHER DIRECT COSTS (ODC) l) Travel/Mileage Costs (supported by consultant actual costs)1,200$ m) Equipment Rental and Supplies (itemize)500$ n) Permit Fees (itemize), Plan sheets (each), Test Holes (each), etc.13,500$ -$ p) Total Other Direct Costs [(l) + (m) + (n) + (o)]15,200$ TOTAL COST [(c) + (e) + (j) + (k) + (p)]139,942$ OTHER DIRECT COSTS (ODC) ITEMIZATION Travel/Mileage Costs Cost 1,200$ Total 1,200$ Equipment Rental and Supplies 500$ Total 500$ Permit Fees, Plan Sheets, Test Holes, Etc. 6,000$ 7,500$ Total 13,500$ Project Manager Jean Fares 8,386$ PIC /Sr. Tech. Advisor Mike Colety 3,898$ Exhibit 10-H Cost Proposal Actual Cost-Plus-Fixed Fee or Lump Sum (Firm Fixed Price) contracts (Design, Engineering and Environmental Studies) Kimley-Horn and Associates, Inc. Classification/Title Name Total 1,923$ Professsional II Jason Melchor 7,902$ QA/QC Adam Chase $194 $59,041 Professional I 4,198$ Analyst 9,634$ 1,802$ Collision Data (Crossroads) Project Support Mileage Outprinting and Reproduction o) Subconsultant Costs (attach detailed cost proposal in same format as prime consultant estimate for each subconsultant) Traffic Counts (Newport Traffic Studies) LPP 13‐01 Page 2 January 14, 2015143 Local Assistance Procedures Manual EXHBIT 10-H Cost Proposal Consultant Contract No. SSAR Date 11/6/2017 1. Calculate average hourly rate for 1st Period of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Proposal Total Hours per Cost Proposal Avg Hourly Rate Contract Duration $ 37,742.84 /751 =$50.26 Period 1 Avg Hourly Rate Avg Hourly Rate Proposed Escalation Period 1 $50.26 + 5% = $52.77 Period 2 $52.77 + 5% = $55.41 Period 3 $55.41 + 5% = $58.18 Period 4 Avg Hourly Rate Period 4 $58.18 + 5% = $61.09 Period 5 Avg Hourly Rate Estimated % Completed Each Period Total Hours per Cost Proposal Total Hours per Period Period 1 80.00% * 751 = 600.8 Estimated Hours Period 1 Period 2 20.00% * 751 = 150.2 Estimated Hours Period 2 Period 3 0.00% * 751 = 0 Estimated Hours Period 3 Period 4 0.00% * 751 = 0 Estimated Hours Period 4 Period 5 0.00% * 751 = 0 Estimated Hours Period 5 Total 100% Total = 751 4. Calculate Total Costs including Escalation (multiply average hourly rate by the number of hours) Avg Hourly Rate Estimated Hours (calculated above) (calculated above) Period 1 $50.26 *600.8 =$30,194.27 Estimated Hours Period 1 Period 2 $52.77 *150.2 =$7,926.00 Estimated Hours Period 2 Period 3 $55.41 *0 =$0.00 Estimated Hours Period 3 Period 4 $58.18 *0 =$0.00 Estimated Hours Period 4 Period 5 $61.09 *0 =$0.00 Estimated Hours Period 5 =$38,120.27 =$37,742.84 = $377.43 Transfer to Page 1 Period 1 = Contract inception through 6/30/18 Period 2 = 7/1/18 through 6/30/19 Period 3 = 7/1/19 through 6/30/20 Period 4 = 7/1/20 through 6/30/21 Period 5 = 7/1/21 through 6/30/22 Direct Labor Subtotal before escalation Estimated total of Direct Labor Salary Increase Cost Per Period Total Direct Labor Cost with Escalation Exhibit 10-H Cost Proposal Actual Cost-Plus-Fixed Fee or Lump Sum (Firm Fixed Price) contracts (Calculations for Anticipated Salary Increases) Kimley-Horn and Associates, Inc. 2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Period 2 Avg Hourly Rate Period 3 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each period by total hours) LPP 13‐01 Page 3 January 14, 2015 144 698/015610-0002 11222891.1 a11/16/17 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule attached hereto and incorporated herein by this reference. 145 TASKS 2017 2018 Dec Jan Feb Mar Apr May Jun July Aug Sept Oct 1. Project Management Task 1.1: Project Kick-off Meeting Task 1.2: Budget & Schedule Task 1.3: Project Team Meetings Task 1.4: Plan & Policy Review Task 1.5: Project Goals & Objectives 2. Safety Analysis Task 2.1: Traffic Count Data Collection Task 2.2: Crash Data Analysis Task 2.3: Roadway Analysis Task 2.4: Issues Identification 3. Prepare Systemic Safety Analysis Report Task 3.1: Infrastructure Recommendations Task 3.2: Non-Infrastructure Recommendations Task 3.3: Prioritization Process Task 3.4: Template Project Sheets Task 3.5: Action Plan Task 3.6: Funding Recommendations Task 3.7 : Draft and Final Report K Task Duration Conference Call Meetings Draft FinalKKick-off Meeting Exhibit C Schedule 146 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 1 of 11 Exhibit D Special Requirements D. MANDATORY FEDERAL AND FISCAL CONTRACT PROVISIONS. D.1 Performance Period. In accordance with the provisions of Section 3.0, this Agreement shall go into effect on December 6, 2017, contingent upon approval by the City, and the Consultant shall commence work after notification to proceed by the City’s Contract Officer. The Agreement shall end on December 6, 2020, unless extended by contract amendment. The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement is fully executed and approved by the City. D.2 Allowable Costs and Payment. Supplementary to Section 2.0 of the Agreement: D.2.1 The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to the Consultant will include compensation for all work and deliverables, including travel and equipment described in Section 1.1 Scope of Services of this Agreement. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between the Consultant and the City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by the City. D.2.2 Progress payments may be made monthly in arrears based on the percentage of work completed by the Consultant. If the Consultant fails to submit the required deliverable items according to the schedule set forth in the Scope of Services, the City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Article D.3 Termination of these Special Requirements. D.2.3 The Consultant shall not commence performance of work or services until this Agreement has been approved by the City and notification to proceed has been issued by the City’s Contract Officer. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. D.2.4 The Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the City’s Contract Officer of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this project number and project 147 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 2 of 11 title. Final invoice must contain the final cost and all credits due the City that include any equipment purchased under the provisions of Article D.8 Equipment Purchase of these Special Requirements. The final invoice should be submitted within 60-calendar days after completion of the Consultant’s work. Invoices shall be mailed to the City’s Contract Officer at the address identified in Section 10.1 Notice of the Agreement. D.2.5 The total amount payable by the City shall not exceed $139,942. D.3 Termination. Supplementary to the provisions of Section 8.5 Termination, prior to Expiration of Term, the City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to the Consultant with the reasons for termination stated in the notice. The City may terminate this Agreement with the Consultant should the Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the City may proceed with the work in any manner deemed proper by the City. If the City terminates this Agreement with the Consultant, the City shall pay the Consultant the sum due to the Consultant under this Agreement prior to termination, unless the cost of completion to the City exceeds the funds remaining in the Agreement. In which case the overage shall be deducted from any sum due the Consultant under this Agreement and the balance, if any, shall be paid to the Consultant upon demand. The maximum amount for which the City shall be liable if this Agreement is terminated is $139,942. D.4 Cost Principals and Administrative Requirements. The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. The Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by the Consultant to the City. D.5 Retention of Records/Audit. Supplementary to Section 7.2 of the Agreement, for the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7; the Consultant, subconsultants, and the City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Performance Period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized 148 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 3 of 11 representative of the Federal Government shall have access to any books, records, and documents of the Consultant and its certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. D.6 Audit Review Procedures. D.6.1 Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by the City’s Chief Financial Officer. D.6.2 Not later than 30 days after issuance of the final audit report, the Consultant may request a review by the City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. D.6.3 Neither the pendency of a dispute nor its consideration by the City will excuse the Consultant from full and timely performance, in accordance with the terms of this Agreement. D.6.4 The Consultant and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is the Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by the Consultant and approved by the City’s Contract Officer to conform to the audit or review recommendations. The Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by the City at its sole discretion. Refusal by the Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract under Section 8.3 and supplemented by Article D.3 of these Special Requirements and disallowance of prior reimbursed costs. D.7 Subcontracting. Supplementary to Section 4.3, nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any subconsultant(s), and no subcontract shall relieve the Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and 149 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 4 of 11 omissions of persons directly employed by the Consultant. The Consultant’s obligation to pay its subconsultant(s) is an independent obligation from the City’s obligation to make payments to the Consultant. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the City’s Contract Officer, except that, which is expressly identified in the approved Cost Proposal. The Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to the Consultant by the City. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by the City’s Contract Officer prior to the start of work by the subconsultant(s). D.8 Equipment Purchase. Prior authorization in writing, by the City’s Contract Officer shall be required before the Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Consultant services. The Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service or consulting work not covered in the Consultant’s Cost Proposal and exceeding $5,000 prior authorization by the City’s Contract Officer; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following: ‘‘The Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, the Consultant may either keep the equipment and credit the City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit the City in an amount equal to the sales price. If the Consultant elects to keep the equipment, fair market value shall be determined at the Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by the City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the City.’’ 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. D.9 State Prevailing Wages. The Consultant shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. Any subcontract entered into as a result of this Agreement, if 150 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 5 of 11 for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. D.10 Conflict of Interest. Supplementary to Section 9.2 of the Agreement, the Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project, which will follow. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. The Consultant hereby certifies that neither the Consultant, nor any firm affiliated with the Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this Agreement shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. D.11 Rebates, Kickbacks, or Other Unlawful Consideration. The Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, the City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. D.12 Prohibition of Expending Local Agency State or Federal Funds for Lobbying. The Consultant certifies to the best of his or her knowledge and belief that: 1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of the Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the 151 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 6 of 11 extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; The Consultant shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying’’, in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. D.13 Statement of Compliance. The Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation --- Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the 152 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 7 of 11 recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. D.14 Debarment and Suspension Certification. The Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant has complied with Title 2 CFR, Part 180, ‘‘OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)’’, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining the Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. D.15 Change in Terms. Supplementary to Section 1.6 of the Agreement, this Agreement may be amended or modified only by mutual written agreement of the parties. The Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the City’s Contract Officer. There shall be no change in the Consultant’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by the City’s Contract Officer. D.16 Disadvantaged Business Enterprise (DBE) Participation. D.16.1 This Agreement is subject to 49 CFR, Part 26 entitled ‘‘Participation by Disadvantaged Business Enterprises in Department of Transportation 153 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 8 of 11 Financial Assistance Programs’’. Consultants who obtain DBE participation on this Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal. D.16.2 The goal for DBE participation for this contract is 0%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, the Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. D.16.3 DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate. D.16.4 Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article. D.16.5 A DBE firm may be terminated only with prior written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, the Consultant must meet the procedural requirements specified in 49 CFR 26.53(f). D.16.6 A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors. D.16.7 A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining 154 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 9 of 11 whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. D.16.8 If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. D.16.9 The Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. D.16.10 Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, ‘‘Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants’’ CEM- 2402F [Exhibit 17-F, of the LAPM], certified correct by the Consultant or the Consultant’s authorized representative and shall be furnished to the Contract Officer with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory ‘‘Final Report- Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants’’ is submitted to the Contract Officer. D.16.11 If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify the consultant in writing with the date of certification. Any changes should be reported to the City’s Contract Officer within 30 days. D.17 Contingent Fee. The Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or 155 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 10 of 11 otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. D.18 Inspection of Work. The Consultant and any subconsultant shall permit the City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis. D.19 Safety. The Consultant shall comply with OSHA regulations applicable to the Consultant regarding necessary safety equipment or procedures. The Consultant shall comply with safety instructions issued by the City Safety Officer and other City representatives. The Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site. Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that such areas are within the limits of the project and are open to public traffic. The Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. Any subcontract entered into as a result of this Agreement, shall contain all of the provisions of this Article. D.20 Claims Filed by City’s Construction Contractor. If claims are filed by the City’s construction contractor relating to work performed by the Consultant’s personnel, and additional information or assistance from the Consultant’s personnel is required in order to evaluate or defend against such claims; The Consultant agrees to make its personnel available for consultation with the City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. The Consultant’s personnel that the City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the Consultant’s personnel services under this Agreement. Services of the Consultant’s personnel in connection with the City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. D.21 Confidentiality of Data. All financial, statistical, personal, technical, or other data and information relative to the City’s operations, which are designated confidential by the City and made available to the Consultant in order to carry out this Agreement, shall be protected by the Consultant from unauthorized use and disclosure. Permission to disclose information on one occasion, or public hearing held by the City relating to the Agreement, shall not authorize the Consultant to further disclose such information, or disseminate the same on any other occasion. The Consultant shall not comment publicly to the press or any other media regarding the 156 698/015610-0002 11222891.1 a11/16/17 Exhibit D Page 11 of 11 Agreement or the City’s actions on the same, except to the City’s staff, the Consultant’s own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the City, and receipt of the City’s written permission. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article. All information related to the construction estimate is confidential, and shall not be disclosed by the Consultant to any entity other than the City. D.22 National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, the Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Consultant within the immediately preceding two-year period, because of the Consultant’s failure to comply with an order of a federal court that orders the Consultant to comply with an order of the National Labor Relations Board. D.23 Retention of Funds. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article. No retainage will be withheld by the City from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants. 157 2017-08 SSARPL-5433(019) Bryan McKinney, P.E. Interim City Engineer (760) 777-7045 158 698/015610-0002 11222891.1 a11/16/17 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Noncontributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or 159 698/015610-0002 11222891.1 a11/16/17 Exhibit E Page 2 of 6 anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. 160 698/015610-0002 11222891.1 a11/16/17 Exhibit E Page 3 of 6 Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’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 Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered 161 698/015610-0002 11222891.1 a11/16/17 Exhibit E Page 4 of 6 to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any 162 698/015610-0002 11222891.1 a11/16/17 Exhibit E Page 5 of 6 insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 163 698/015610-0002 11222891.1 a11/16/17 Exhibit E Page 6 of 6 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 164 698/015610-0002 11222891.1 a11/16/17 Exhibit F Page 1 of 2 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage 165 698/015610-0002 11222891.1 a11/16/17 Exhibit F Page 2 of 2 of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 166 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO SPOHN RANCH SKATEPARKS FOR DESIGN/BUILD SERVICES FOR THE SKATE PARK AT FRITZ BURNS PARK RECOMMENDATION Award contract to Spohn Ranch Skateparks in the amount of $100,000 for design/build services for the skate park at Fritz Burns Park; and authorize the City Manager to execute the contract. EXECUTIVE SUMMARY  The original skate ramps at Fritz Burns Park were removed to allow for additional tennis and pickle ball courts.  Staff met with the skate park users (skaters) to identify desired features for a new skate park to be located in an adjoining parking lot.  On October 16, 2017, staff issued a request for proposal (RFP) for design/build services – two responses were received; Spohn Ranch Skateparks submitted the best proposal. FISCAL IMPACT Funding for the $100,000 project is budgeted in the 2017/2018 Park Equipment Fund (503-0000-71060). BACKGROUND/ANALYSIS The Fritz Burns skate ramps (purchased in 2002) were removed in July 2017 due to the deteriorating condition of the ramps and surface area. The area was also needed to make room for the tennis and pickleball expansion project which was completed in September 2017. The vision was to relocate the skate area to the smaller parking lot adjoining Frances Hack Lane. The City engaged skaters in an outreach program through social media to gain user input of desired features for the new skate facility. A meeting was held on September 20, 2017. Attendees brought printouts of their ideas and discussed each feature, along with features that were posted on social media. Using this input, staff developed a list of desired features to be included in the RFP. CONSENT CALENDAR ITEM NO. 12 167 On November 29, 2017, skaters identified the proposal from Spohn Ranch as the preferred plan. The following is the proposed project schedule: Council Considers Project Award December 5, 2017 Execute Contract, Mobilize December 18, 2017 to January 9, 2018 Construction January/February 2018 Accept Improvements February 23, 2018 Grand Opening February 24, 2018 ALTERNATIVES Council may choose not to award contract to Spohn Ranch or select proposal from American Ramp Company. Prepared by: Steve Howlett, Facilities Director Approved by: Frank Spevacek, City Manager Attachment: 1. Spohn Ranch Proposal 168 169 170 171 172 173 174 175 176 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: SELECT MAYOR PRO TEMPORE TO SERVE FOR ONE YEAR RECOMMENDATION Select a member of the City Council to serve as mayor pro tempore for one year. EXECUTIVE SUMMARY The mayor pro tempore is the presiding officer at Council meetings and related functions and activities when the mayor is absent. Council Rules of Procedures and State law govern this selection. FISCAL IMPACT – None BACKGROUND/ANALYSIS The Council’s Rules of Procedure prescribes that the mayor pro tempore shall be selected by three or more affirmative votes, and failure to achieve such total the incumbent shall remain in office. State law stipulates that this shall occur at the same meeting the results of a general municipal election are declared, or during odd-numbered years, at a regular meeting in the last calendar quarter. The following has held this office since the 2016 election: o 2016 – Mayor Pro Tem Peña o 2017 – Mayor Pro Tem Radi ALTERNATIVES There are no alternatives to the recommended action. Prepared by: Pam Nieto, Deputy City Clerk Approved by: Susan Maysels, City Clerk BUSINESS SESSION ITEM NO. 1 177 178 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: INTRODUCE AN ORDINANCE AMENDING SPECIFIED CHAPTERS IN THE MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPEALS AND SERVICE OF OFFICIAL CITY NOTICES RECOMMENDATION 1.Take up Ordinance No. ___ by title and number only and waive further reading. 2. Introduce Ordinance No. ___ on first reading. EXECUTIVE SUMMARY For 35 years, sections of the La Quinta Municipal Code (Code) have been added, deleted, and amended resulting in numerous appeal and noticing processes. The recommended Code amendments would streamline the five avenues of appeals required by State law: 1.Appeals to a Hearing Officer 2.Appeals to the City Manager (or his/her designee) 3.Appeals to the Construction Board of Appeals 4.Appeals to the Planning Commission 5.Appeals to the City Council The full detail of each appeal process would be in only one Code section. The procedure for issuing notices is already in one section of the Code and as Code chapters are revised, such as those in this Ordinance, reference to the notice section is inserted. Future changes to any of the five appeal processes or noticing procedures would be made to the one Code section versus dozens of sections throughout the Code. Uniform processes will minimize appellant and staff errors. FISCAL IMPACT - None BACKGROUND/ANALYSIS The right to appeal is addressed in about 75 sections of the Code and there are instances where they are slightly different. These inconsistencies occur when additions, deletions, and amendments are made over time. To provide consistency, each avenue of appeal will be detailed in only one section and that section will be referenced where applicable throughout the Code. The same holds for the process to issue notices. The Code sections/chapters detailing the five appeal paths are as follows: BUSINESS SESSION ITEM NO. 2 179 1. Appeals to a Hearing Officer – Chapter 1.09: This appeal applies only when appealing an administrative citation; administrative citations are issued by enforcement officers when any provision of the Code or applicable state law is violated. The administrative order issued at the conclusion of the hearing by the Hearing Officer can be appealed to the Riverside Superior Court. Based on feedback from Court Judges, Section 1.09.100 has been amended to state that the City will provide to unsuccessful appellants a copy of the State code regarding their right to file a petition seeking review with the Superior Court. 2. Appeals to the City Manager (or his/her designee) – Chapter 2.08: This appeal applies when a decision made by any City administrator is challenged. In many cases, this step must occur before an appellant may appeal to the City Council. 3. Appeals to the Construction Board of Appeals – Section 2.40.050: This Board only hears appeals related to City administrators’ decisions regarding TITLE 8 BUILDING AND CONSTRUCTION matters, and only decisions that are subjective or interpretative and not ministerial. It has been modified to (a) clarify the Board’s purview from just one chapter of Title 8 to all twenty chapters of Title 8, (b) indicate that the appeal is to be filed with the City Clerk rather than the Building Official who is likely the administrator whose decision is being appealed, and (c) make it clear that appeals of non-discretionary (ministerial) decisions by staff are not permitted. 4. Appeals to the Planning Commission – Section 9.200.110: The Commission hears appeals regarding land use and abatement matters. Most Planning Commission decisions may be appealed to the Council. 5. Appeals to the City Council – Chapter 2.01: The Council hears appeals from appellants objecting to the decisions of the City Manager, the Construction Appeals Board, and the Planning Commission. The Council is the conclusive step in the municipal appeal process as its decisions are final. Throughout the Code, the City is required to serve notices to residents, violators, developers, licensees, etc., for various purposes. The manner for serving notices was not consistent, so like the appeal processes, one section (1.01.300) was created in 2015 to be the definitive section on serving all official City notices. As sections of the Code are updated, old notice requirements are deleted and a reference to Section 1.01.300 inserted. That policy is continued with the revisions included in this Ordinance. Centralizing the appeal and notice processes provides consistency and reliability to all users thereby reducing errors and delivering simplicity for future amendments. The sections of Titles 10 and 11 addressing appeals are not included in the revisions covered by this ordinance because the streamlining of both Titles (all chapters) is scheduled to be before Council shortly. Revised appeal and noticing language will be included at that time. ALTERNATIVES No alternative is recommended as these changes are organizational not substantive; amendments are for clarity, consistency and ease of use. Prepared by: Susan Maysels, City Clerk Approved by: Frank J. Spevacek, City Manager 180 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SPECIFIED CHAPTERS IN THE LA QUINTA MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPEALS AND SERVICE OF OFFICIAL CITY NOTICES WHEREAS, Municipal Code additions, deletion, amendments have occurred since the City’s incorporation in 1982, and; WHEREAS, due to amendments over time, the Municipal Code contains multiple sections detailing various appeal procedures, and not all are consistent, and; WHEREAS, a comprehensive review of all appeal processes was undertaken to create consistency and ease of use for all users, and; WHEREAS, amendments to several sections of Title 1,Ttitle 2, Title 5, Title 8, Title 9, Title 13, and Title 14 are needed as a result of the comprehensive review to establish consistent appeal processes throughout the Municipal Code, and; WHEREAS, the five avenues of appeal in the Municipal Code are (1) appeal to a Hearing Officer, (2) appeal to the City Manager (or his/her designee), (3) appeal to Construction Board of Appeals, (4) appeal to the Planning Commission, and (5) appeal to the City Council, and; WHEREAS, by this ordinance, each appeal process has been outlined in detail in only one section of the Municipal Code with all other sections referencing the appropriate appeal process where applicable, and; WHEREAS, in 2015 one standard noticing section (1.01.300) was established in the Municipal Code with the intent that it would be referred to in all other sections addressing the issuance of all types of notices, and; WHEREAS, references to noticing section 1.01.300 is continued in all sections brought herein. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Certain sections of Chapters 1.09, 2.40, 5.11, 8.09, 8.10, 8.11, 8.12, 8.13, 8.70, 9.100, 9.160, 9.180, 13.12, and 14.16 shall be amended as written in Exhibit A attached hereto. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 181 Ordinance No. Amending multiple LQMC Sections relating to appeals Adopted: Page 2 of 2 SECTION 3. SEVERABILITY: The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this ___ day of December 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _____________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 182 TITLE 1 GENERAL PROVISIONS CHAPTER 1.09 ADMINISTRATIVE CITATION 1.09.005 Scope. The procedures established in this chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this Code which may be pursued to address any violation addressed in this chapter. Use of the enforcement procedures set forth in this chapter shall be at the sole discretion of the city. (Ord. 379 § 1 (part), 2002) 1.09.010 Definitions. For the purpose of this chapter: A. The term “responsible person” means any natural person, the parent or the legal guardian of any natural person under the age of eighteen years, any corporation, association, organization, estate, group, combination acting as a group, or any officer, agent, employee, or servant of any of the foregoing, that cause or maintain a violation(s) of the La Quinta Municipal Code, any code adopted by the city council, applicable state laws or condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code or any adopted code. B. The term “Enforcement Officer” means any individual employed, contracted or otherwise charged by the city to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the city. C. The term “issued” shall have the same meaning as that set forth in Section 1.01.300 1.09.020 Authority and fines. A. Any person or entity violating any provision of the La Quinta Municipal Code or applicable state law may be issued one or more an administrative citations by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code or other codes adopted by the city council, or failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code or any adopted code. B. Each and every day a violation of the municipal code or applicable state law exists constitutes a separate and distinct offense and shall be subject to citation. C. A civil fine shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable as instructed on the administrative citation. D. Fines shall be assessed in the amounts specified by ordinance of the city council, and shall not exceed the following: 1.A fine not exceeding one hundred dollars for a first violation; 2.A fine not exceeding two hundred dollars for a second violation of the same ordinance or permit within one year from the date of the first violation; and 3.A fine not exceeding five hundred dollars for each additional violation of the same ordinance or permit within one year from the date of the first violation. (Ord. 379 § 1 (part), 2002) EXHIBIT A 183 1.09.030 Failure to pay fines. The failure of any person or entity to pay the civil fines assessed by an administrative citation may result with the city pursuing any and all legal remedies to collect the civil fines. The city may also move to recover its collections costs according to proof. (Ord. 379 § 1 (part), 2002) 1.09.040 Contents of notice. Each administrative citation shall contain the following information: 1. Date and approximate time of the violation(s); 2. Address or definite description of the location where the violation(s) was observed; 3. Name and current residential address and mailing address, if known, of person or entity alleged to have committed the violation(s); 4. The code section(s) or condition(s) violated and a brief description of the violation(s); 5. The amount of the fine for the violation(s); 6. An explanation of how the fine shall be paid and the time period by which it shall be paid; 7. Identification of appeal rights, including the time within which the administrative citation may be contested and how to obtain a request for hearing form to contest the citation; and 8. The name and signature of the enforcement officer and, if possible, the signature of the responsible person. (Ord. 379 § 1 (part), 2002) 1.09.050 Satisfaction of administrative citation. Upon receipt of a citation, the responsible person must pay the fine within fifteen calendar days from the date the administrative citation is issued. Responsible persons shall pay all fines assessed as instructed on the administrative citation. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city. If the responsible person fails to correct the violation(s) subsequent to the administrative citation, the city may issue further citations for the same violation(s) or the city may choose to utilize another means of enforcement. The amount of the fine for failure to correct the violation(s) for each additional occurrence shall increase at a rate specified in this chapter or by ordinance. (Ord. 379 § 1 (part), 2002) 1.09.060 Appeal of administrative citation. Any recipient of an administrative citation may contest that there was a violation(s) of the La Quinta Municipal Code or that he or she is the responsible person by completing a request for hearing form and returning it to the address stated on the form within twenty-one calendar days from the issue date of the administrative citation, together with an advanced deposit of the full amount of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. (Ord. 469 § 1, 2009; Ord. 379 § 1 (part), 2002) 1.09.070 Hearing officer. A. The director of the department of the city who is overseeing the matter which is the subject of the administrative citation shall appoint a person or contract an agency to provide a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate. (“hearing officer”). 184 B. The employment, performance, evaluation, compensation, and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned on or in any way related to the results or prior decisions issued by said hearing officer. C. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible person may challenge the hearing officer’s impartiality by filing a statement, with the city clerkeither the director of the department of the city who is overseeing the matter which is the subject of the administrative citation process or alternative employee designated by the city to handle such challenge (“city’s designee”), objecting to the hearing officer and setting forth grounds for disqualification. The question of disqualification shall be heard and determined in writing by the city manager city’s designee within ten calendar days following the date which the disqualification statement is filed. (Ord. 379 § 1 (part), 2002) 1.09.080 Hearing procedure. A. No hearing to contest an administrative citation before a hearing officer shall be held unless both a request for hearing form has been completed and submitted and the fine for the citation has been deposited in advance. Any deposit shall be held in a separate account, in trust, pending final resolution of the hearing. B. A hearing before the hearing officer shall be set for a date that is not less than fifteen calendar days but no more than ninety calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing. C. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) of the municipal code or other applicable state law on the date(s) specified on the administrative citation. D. The administrative citation and any additional documents submitted by an enforcement officer shall constitute prima facie evidence of the facts contained in those documents. E. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be served by mail on the responsible person requesting the hearing at least ten calendar days prior to the hearing date. F. At least ten calendar days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports, and other documents submitted or relied upon by the enforcement officer. Personal information regarding a reporting party, if any, shall not be disclosed. No other discovery is permitted. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the hearing officer’s discretion. G. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision. Comment [SM1]: Changed to Clerk b/c director is selecting the hearing officer – should not also be accepting objections Comment [SM2]: Changed to city manager b/c director or designee selected the hearing officer so should not be judging a challenge to the selection. 185 H. The failure of a recipient of an administrative citation to appear at the administrative citation hearing shall constitute forfeiture of the fine and a failure to exhaust administrative remedies. (Ord. 379 § 1 (part), 2002) 1.09.090 Administrative order. A. Within ten working days of the hearings conclusion, the hearing officer shall issue the responsible person with a notice of decision and decision in writing (“administrative order”) in accordance with Section 1.01.300 B. The administrative order shall contain the hearing officer’s findings of fact and conclusions, and a statement regarding the procedure described in Section 1.09.100 for seeking judicial review. The decision of the hearing officer shall be final except as provided for in Section 1.09.100. C. If the hearing officer renders a decision in favor of the responsible person, the administrative order shall constitute a dismissal of the municipal ordinance violation(s) and the city shall return any monies paid by the responsible person towards the dismissed administrative citation. D. If the hearing officer renders a decision in favor of the city, the responsible person must comply with the administrative order, or seek judicial review of the administrative order pursuant to Section 1.09.110100. (Ord. 379 § 1 (part), 2002) 1.09.100 Right to judicial review. Any person or entity aggrieved by an administrative order of a hearing officer on an administrative citation may obtain review of the administrative order by filing a petition seeking review with the Superior Courts of California, county of Riverside in accordance with the statutes of limitations and provisions set forth in California Government Code section 53069.4, a copy of which the city will provide with any administrative order issued in favor of the city. 1.09.110 Notices. A. The administrative citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of Section 1.01.300 of the La Quinta Municipal Code. B. Failure to receive any notice specified in this chapter shall not affect the validity of any proceeding conducted hereunder. (Ord. 379 § 1 (part), 2002) Comment [SM3]: Added by Anthony based on Judges feedback. 186 TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.40 – CONSTRUCTION BOARD OF APPEALS 2.40.010 General rules regarding the construction board of appeals. Except as set out below, see Chapter 2.06 for general provisions. (Ord. 516 § 9, 2013) 2.40.020 Purpose. The purpose of the construction board of appeals (“CBA”) shall be to conduct hearings to afford appellants the opportunity to present evidence on his/her behalf in an effort to reverse or amend an administrative decision of a city official related to any matter within the purview of Title 8 of this code. determine the suitability of alternate materials and methods of installation. (Ord. 516 § 9, 2013) The right to appeal shall apply only when the objection involves the exercise of administrative discretion or personal judgment exercised by the city official pursuant to any of the provisions of Title 8 of this code. No right of appeal shall exist when the decision of the city official is ministerial and thus does not involve the exercise of administrative discretion or personal judgment. 2.40.030 Number of members. The CBA shall consist of five members appointed by, and serving at the will of the city council. (Ord. 516 § 9, 2013) 2.40.040 Qualifications of members. A. The CBA shall be comprised of the following professional positions that shall be qualified by experience and training: 1. One general contractor; 2. Two registered professional engineers or architects; 3. One specialty contractor. B. The fifth CBA member shall be a member of the public who is not one of the foregoing. (Ord. 516 § 9, 2013) 2.40.050 Powers and duties. A. Any person aggrieved by an administrative decision of an official of the city related to any matter within the purview of Title 8Chapter 8.01 of this code, shall have the right to appeal the decision to the CBA, provided the official’s decision was not ministerial. B. The appeal shall be filed with the city clerkbuilding official within ten days after the rendering of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing. C. The secretary of the CBA, assigned pursuant to Section 2.06.100, shall set the time and place for a hearing on the appeal, and notice of the hearing shall be given to the appellant in accordance with Section 1.01.300. D. The decision of the CBA shall not become final until ten days after the CBA has made its determination in order to allow time for an appeal of the CBA’s decision to be made to the city council. Any appeal to the city council shall follow procedures set forth in Sections 2.04.100 through 2.04.130 of this code. (Ord. 524 § 8, 2015; Ord. 516 § 9, 2013) 187 TITLE 3 REVENUE AND FINANCE Chapter 3.24 TRANSIENT OCCUPANCY TAX 3.24.120 Failure to collect and report tax—Determination of tax by tax administrator. If any operator fails or refuses to collect the tax and to make, within the time provided in this chapter, any report and remittance of the tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he/she may deem best to obtain facts and information on which to base his/her estimate of the tax due. As soon as the tax administrator procures such facts and information as he/she is able to obtain upon which to base the assessment of any tax imposed by this chapter payable by any operator who has failed or refused to collect the tax and make such report and remittance, he/she shall proceed to determine and assess against the operator the tax, interest and penalties provided for by this chapter. In case the determination is made, the tax administrator shall give a notice of the amount so assessed by serving it in accordance with section 1.01.300 of this code.personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known address. The operator may within ten days after the serving or mailing of the notice make application in writing to the tax administrator for a hearing on the amount assessed in accordance with section 2.08 (Appeals to the city manager) of this code.. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If the application is made, the tax administrator shall give not less than five days’ written notice in the manner prescribed in this section to the operator to The operator shall show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for the tax, interest and penalties. At the hearing, the operator may appear and offer evidence why the specified tax, interest and penalties should not be so fixed. After the hearing the tax administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed in this section 1.01.300 of the determination and the amount of the tax, interest and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 3.24.130. (Ord. 2 § 1, 1982) 3.24.130 Appeal. Any operator aggrieved by any decision of the tax administrator with respect to the amount of any tax, interest, and penalties, if any, may appeal to the city council in accordance with section 2.04 of this code.by filing a notice of appeal with the city clerk within fifteen days of serving of the assessment or determination of tax, interest, and penalties, if any, due. Payment of all taxes, interest, and penalties shall be required as a condition precedent to seeking review of any tax liability under this section. The city council shall fix a time and place for hearing the appeal, and the city clerk shall give notice in writing to the operator at his or her last known address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in this chapter for service of notice of hearing. Any amount found to be due by the city council at the conclusion of the hearing shall be immediately due and payable upon the service of notice pursuant to section 1.01.300 of this code. (Ord. 478 § 1, 2010; Ord. 2 § 1, 1982) 188 Note: “Tax administrator” is defined in this chapter as being the city manager or designated agent, whether a city employee or county officer or employee. 189 TITLE 5 BUSINESS REGULATIONS CHAPTER 5.11 VIDEO FRANCHISE FEES, CUSTOMER SERVICE AND OTHER VIDEO-RELATED MATTERS 5.11.010 Regulation of state video franchises and city video franchises. Under state law effective January 1, 2007, the California Public Utilities Commission (“PUC”) will have the authority to grant state video franchises (“state franchises”). The city of La Quinta (the “city”) will acquire certain rights and responsibilities with respect to state video franchise holders. These include the receipt of a franchise fee and a fee for public, educational and government (“PEG”) purposes, both based on a percentage of the gross revenues of state franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules. (Ord. 436 § 1, 2007) 5.11.020 State video franchise fees. A. Any state video franchise holder (“state franchisee”) operating within the boundaries of the city of La Quinta shall pay a fee to the city equal to five percent of the gross revenue of that state franchisee. B. Any state franchisee operating within the boundaries of the city of La Quinta shall pay an additional fee to the city equal to one percent of the gross revenue of that state franchisee, which fee shall be used by the city for PEG purposes consistent with state and federal law. C. Gross revenue, for the purposes of subsections (A) and (B) of this section, shall have the definition set forth in California Public Utilities Code Section 5860. (Ord. 436 § 1, 2007) 5.11.030 Audit authority. Not more than once annually, the city may examine and perform an audit of the business records of a state franchisee to ensure compliance with Section 5.11.020. (Ord. 436 § 1, 2007) 5.11.040 Customer service penalties under state franchises. A. The holder of a state franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. B. The city manager, or his or her designee, shall monitor the compliance of state franchisee(s) with respect to state and federal customer service and protection standards. The city manager, or his or her designee, shall provide the state franchisee(s) written notice of any material breaches of applicable customer service standards, and shall allow the state franchisee(s) thirty days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty-day time period shall be subject to the following penalties by the city manager, or his or her designee. 1. For the first occurrence of a violation, a fine of five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars for each violation. 2. For a second violation of the same nature within twelve months, a fine of one thousand dollars shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars for each violation. C. A state franchisee may appeal a penalty assessed to the city council within sixty days. With the exception of the sixty day (60) time limit to file the appeal to the city council, the appeal process shall be in accordance with section 2.04 of this code.After relevant speakers are heard, and any necessary staff reports are submitted, the city council will vote to either uphold or vacate the penalty. The city council’s decision on the imposition of a penalty shall be final. (Ord. 436 § 1, 2007) 190 5.11.050 City response to state franchise applications. A. Applicants for state franchises within the boundaries of the city of La Quinta must concurrently provide complete copies to the city of any application or amendments to applications filed with the PUC. One complete copy must be provided to the city clerk, and one complete copy to the city manager. B. The city manager shall provide any appropriate comments to the PUC regarding an application or an amendment to an application for a state franchise. (Ord. 436 § 1, 2007) 191 TITLE 8 BUILDING AND CONSTRUCTION CHAPTER 8.09 HOUSING CODE 8.09.010 Adoption of the Uniform Housing Code. Certain documents marked and designated as the Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials, are adopted for regulating the use and occupancy, location and maintenance of residential buildings and structures. Each and all of the regulations, provisions, conditions and terms of such Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials, on file in the building and safety department, are referred to and made a part of this code as if fully set out in this chapter, except as otherwise provided in this chapter. (Ord. 330 Exh. A(29), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) 8.09.020 Deletion of certain parts of the Uniform Housing Code. The following portions of the Uniform Housing Code, 1997 Edition, are deleted: Section 203 (Housing Advisory and Appeals Board). (Ord. 330 Exh. A(30), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) 8.09.030 References to building code. References made in Chapters 1, 2 and 3 of the Uniform Housing Code, 1997 Edition, to various administrative sections and chapters of the Building Code shall mean the corresponding sections and chapters of Chapter 8.01 of this title. (Ord. 330 Exh. A(31), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) 8.09.040 Appeals board. In order to provide for interpretation of the provisions of this chapter and to hear appeals provided for under this chapter other than those covered by Chapter 2.40, a board of appeals is established. References to the Housing Advisory and Appeals Board in the Uniform Housing Code shall mean the board of appeals established pursuant to this section. A. Membership. The board of appeals shall consist of the members of the city council. B. Appeal Procedure. Procedures specified by Section 2.0440.040 (Appeals to Council) shall be followed except where additional procedures are required by this chapter. The findings of the board created by this section shall be final. (Ord. 483 § 2, 2010; Ord. 114 § 2, 1987; Ord. 68 § 1, 1985) 8.09.050 Time limits for appeals. The following portions of the Uniform Housing Code, 1997 Edition, are modified as specified: A. Section 1101.2.5 is amended to change the appeal time from 30 days to 10 days. B. The last paragraph of Section 1201.1 is amended to read as follows: The appeal shall be filed in accordance with section 2.04 of the La Quinta Municipal Codewritten form to the Building Official within 10 days from the date of service of such notice or action of the Building Official. (Ord. 330 Exh. A(32), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) 192 TITLE 8 BUILDINS AND CONSTRUCTION CHAPTER 8.10 DANGEROUS BUILDINGS CODE 8.10.010 Adoption of the Uniform Code for the Abatement of Dangerous Buildings. Certain documents marked and designated as the “Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,” published by the International Conference of Building Officials, are adopted for regulating the repair, vacation or demolition of buildings or structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants. Each and all of the regulations, provisions, conditions and terms of such “Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,” published by the International Conference of Building Officials, on file in the building and safety department, are referred to and made a part of this code as if fully set out in this chapter. (Ord. 330 Exh. A(33), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) 8.10.020 Deletion of certain parts of the Uniform Code for the Abatement of Dangerous Buildings. The following portions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, are deleted: Section 205 (Appeals Board). (Ord. 330 Exh. A(34), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) 8.10.030 References to building code. References made in Chapters 1 and 2 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, to various administrative sections and chapters of the Building Code shall mean the corresponding sections and chapters of Chapter 8.01 of this title. (Ord. 330 Exh. A(35), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) 8.10.040 Appeals board. In order to provide for interpretation of the provisions of this chapter and to hear appeals provided for under this chapter, the board of appeals established pursuant to Section 8.09.040 shall govern. Procedures specified by Section 2.0440.040 (Appeals to Council) shall be followed except where additional procedures are required by this chapter. The findings of the board created by this section shall be final. (Ord. 114 § 2, 1987; Ord. 68 § 1, 1985) 8.10.050 Time limit for appeals. The following portions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, are modified as specified: A. Section 401.2.5 is amended to change the appeal time from 30 days to 10 days. B. The last paragraph of Section 501.1 is amended to read as follows: The appeal shall be filed in written form to the city clerkBuilding Official within 10 days from the date of service of such notice or action of the Building Official. (Ord. 330 Exh. A(36), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) 193 TITLE 8 BUILDINGS AND CONSTRUCTION CHAPTER 8.11 FLOOD HAZARD REGULATIONS 8.11.060 Variance procedures. A. Appeal Board. 1. The city council shall hear and decide appeals and requests for variances from the requirements of this chapter in accordance with chapter 2.04 of this code. 2. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. 3. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the city; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 4. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items a—k of subsection A of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. 5. Upon consideration of the factors in subsection (A)(3) of this section, purposes of this section, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 6. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. Note: the “floodplain administrator” is defined as the city engineer in 8.11.040. 194 TITLE 8 BUILDINGS AND CONSTRUCTION CHAPTER 8.12 EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS 8.12.060 Administration. A. Service of Order. The building official shall issue an order, as provided in subsection B of this section, to the owner of each building within the scope of this chapter in accordance with the minimum time periods for service of such orders set forth in Table 8.12-C. The minimum time period for the service of such orders shall be measured from the effective date of the ordinance codified in this chapter. Upon receipt of a written request from the owner, the building official shall order a building to comply prior to the normal service date for such building set forth in this section. B. Contents of Order. The order shall be in writing and shall be served pursuant to section 1.01.300 of this codeeither personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this chapter, and therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 8.12.050 which sets forth the owners alternatives and time limits for compliance. C. Appeal From Order. The owner or person in charge or control of the building may appeal to the construction board of appeals the building official's initial determination that the building is within the scope of this chapter. Such appeal shall be filed with the board pursuant to chapter 2.40 of this code.within sixty days from the service date of the order described in subsection B of this section. Any such appeal shall be decided by the board no later than sixty days after the date that the appeal is filed. Such appeal shall be made in writing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for slight modifications from any other determinations, orders or actions by the building official pursuant to this chapter, shall be made in accordance with the normal appeal procedures established in this code. D. Recordation. At the time that the order described in subsection B of this section is served, the building official shall submit to the city clerk for filinge with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with this chapter. If the building is found to be within the scope of this chapter, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter; or is demolished; the building official shall submit to the city clerk for filinge with the office of the county recorder a certificate terminating the status of the subject building as being classified within the scope of this chapter. E. Enforcement. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within any of the time limits set forth in Section 8.12.050, the building official shall order the entire building vacated and remain vacated until such order has been complied with. If compliance with such order has not been accomplished within ninety days after the date the building has been ordered vacated, or by such additional time as may have been granted by the construction board of appeals board, the building 195 official may order demolition of the building in accordance with the abatement of dangerous buildings provisions of the Uniform Code for the Abatement of Dangerous Buildings. (Ord. 157 § 1, 1989) 196 TITLE 8 BUILDINGS AND CONSTRUCTION CHAPTER 8.13 WATER EFFICIENT LANDSCAPING 8.13.050 Appeals. Decisions made by a city administratorthe planning director or public works director may be appealed by an applicant, property owner(s), or designee(s) of any applicable project to the planning commission in accordance with section 9.200.110 of this code.and thereafter the city council by an application in writing to the planning director and city clerk of the city council respectively within fifteen days from the date of notification of decision. (Ord. 544 § 2, 2016; Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3, 2003; Ord. 220 § 1, 1993) 197 TITLE 8 BUILDINGS AND CONSTRUCTION CHAPTER 8.70 SURFACE WATER MANAGEMENT AND DISCHARGE CONTROLS 8.70.120 Administrative remedies. A. Administrative Citation. In addition to all other enforcement mechanisms provided for in this chapter, any violation of this chapter may be enforced through the administrative citation procedure set forth in Chapter 1.09 of this codethe city of La Quinta Municipal Code. B. Notice of Noncompliance. The enforcement officer may deliver to the owner or occupant of any property, and/or to any person or entity for violating or causing a violation of this chapter, a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with section 1.01.300 of this code.subsection F. 1. The notice of noncompliance shall identify the provision(s) of this chapter that have been violated. The notice of noncompliance may state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person or entity responsible for the violation. 2. The notice of noncompliance shall state a compliance date that must be met by the owner, occupant and/or other responsible person or entity; provided, however, that the compliance date may not exceed ninety days unless the enforcement officer extends the compliance deadline an additional reasonable period of time, under the circumstances, where good cause exists for the extension. C. Administrative Compliance Orders. 1. The enforcement officer may issue an administrative compliance order. The administrative compliance order shall be delivered in accordance with section 1.01.300 of this codesubsection F. The administrative compliance order may be issued to: a. The owner or occupant of any property or other responsible person or entity requiring abatement of conditions on the property that have caused or contributed to, a violation of this chapter or an imminent threat of an illicit discharge; b. Any person or entity responsible for an illicit connection; c. The owner of property subject to the terms, conditions or requirements imposed on a project in accordance with Sections 8.70.070 and 8.70.080, so as to ensure adherence to those terms, conditions and requirements. 2. The administrative compliance order may include the following terms and requirements: a. Specific steps and time schedules for compliance as reasonably necessary to address the violation or to prevent the imminent threat of an illicit discharge, including, but not limited to, an illicit discharge from any pond, pit, well, surface impoundment, holding or storage area; b. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection; c. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having been discharged to or having the reasonable potential to be discharged to the MS4; d. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter, including, but not limited to, requirements for compliance with best management practices guidance documents promulgated by any federal, state of California or regional agency; e. Any other terms or requirements reasonably calculated as being needed to achieve full compliance with the terms, conditions and requirements of this chapter. D. Cease and Desist Orders. 198 1. The enforcement officer may issue a cease and desist order. A cease and desist order shall be delivered in accordance with section 1.01.300 of this codesubsection F. A cease and desist order may direct the owner or occupant of any property and/or any other person or entity responsible for a violation of this chapter to: a. Immediately discontinue any illicit connection or illicit discharge to the MS4; b. Immediately contain or divert any flow of runoff, where the flow is occurring in violation of any provision of this chapter; c. Immediately discontinue any other violation of this chapter; d. Immediately clean up all areas affected by the violation; e. Cease and desist with any or all continued work on a project (i.e., a stop work order) until such time as appropriate BMPs are implemented, the illicit discharge or connection is eliminated, or other appropriate actions are taken to ensure compliance with this chapter. 2. The enforcement officer may direct by cease and desist order that: (a) the owner of any property which property is subject to any conditions or requirements issued pursuant to Sections 8.70.070 and 8.70.080; or (b) any occupant of any property or any other person or entity responsible for a violation of this chapter: immediately cease any activity not in compliance with the conditions or requirements issued pursuant to Sections 8.70.070 or 8.70.080, or with the terms, conditions and/or requirements of any applicable permit involving operations on the property, including, but not limited to, any applicable NPDES permit. 3. No cease and desist order is to be stayed, tolled or otherwise put on hold as a result of any administrative or other legal challenge to its terms. A cease and desist order is only to be stayed, tolled or put on hold where required as a result of the administrative review process or by a court of competent jurisdiction. 4. Notwithstanding anything in this chapter to the contrary, the city may take all action necessary to inspect, investigate, assess, remedy, treat, monitor or otherwise abate any discharge or threat of a discharge of a pollutant on or into any public property, including all publicly owned portions of the MS4. All costs and fees incurred by the city or any other responsible governmental agency and/or contractor of the city in this regard may be included within an invoice for costs and recovered against the responsible party or parties in accordance with provisions of this chapter. E. Recovery of Costs. The enforcement officer may deliver to the owner and/or occupant of any property, and/or any other responsible person or entity who becomes subject to a notice of noncompliance, an administrative compliance order, a cease and desist order, or an invoice for costs. An invoice for costs shall be delivered in accordance with section 1.01.300 of this codesubsection F. An invoice for costs shall be immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any such notice or order, including any costs incurred by the city to prevent, contain and/or cleanup any threatened or actual discharges to the MS4. If any owner or occupant or any other responsible person or entity subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs then the enforcing attorney may institute collection proceedings. F. Delivery of Notice. Except where the nuisance abatement procedure under Section 8.70.130 is being followed, all administrative citations, notices of noncompliance, administrative compliance orders, cease and desist orders, or invoices for costs, and all other enforcement orders for violations of this chapter shall be subject to the service and administrative hearing procedures provided for in section 1.01.300 of this codeChapter 1.09 of the city of La Quinta Municipal Code. 199 G. Administrative Hearing. Except as set forth in subsection H or where the nuisance abatement procedure under Section 8.70.130 is being followed, all administrative citations, notices of noncompliance, administrative compliance orders, and invoices for costs issued under this chapter shall be subject to the administrative hearing procedures set forth in Cchapter 1.09 of this code the city of La Quinta Municipal Code. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter. H. Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An administrative hearing on the issuance of a cease and desist order or following an emergency abatement action shall be held within five business days following the issuance of the order or the action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action. The hearing proceeding, decision and appeal requirements of Cchapter 1.09 of this codee city of La Quinta Municipal Code shall otherwise apply. I. City Abatement. In the event the owner of property, the operator of a facility, or any other responsible person or entity fails to comply with any provision of a compliance schedule issued pursuant to this chapter, the enforcement officer may request the enforcing attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the city in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to subsection E. (Ord. 493 § 1, 2011) 8.70.140 Criminal sanctions. A. Prosecutor. The enforcing attorney may act on the request of the city manager to pursue enforcement actions in accordance with the provisions of this chapter. B. Infractions. Any person who may otherwise be charged with a misdemeanor under this chapter may be charged, at the discretion of the enforcing attorney, with an infraction punishable in accordance with section 1.01.230 of this code.by a fine of not more than one hundred dollars for a first violation, two hundred dollars for a second violation, and a fine not exceeding five hundred dollars for each additional violation occurring within one year. C. Misdemeanors. Any person or entity who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any permit or approval issued pursuant to this chapter, shall be guilty of a misdemeanor punishable in accordance with section 1.01.230 of this code.by a fine of not more than one thousand dollars or by imprisonment for a period of not more than six months, or both. D. Damages. The enforcing attorney may petition the court for any of the following damages: 1. The recovery of all fees and costs incurred and/or to be incurred in the enforcement of this chapter, including, but not limited to, all costs relating to any investigation, sampling, testing, monitoring, assessing, inspection, removing, treating, cleanup, and including all administrative expenses, legal fees and costs, and all other expenses as authorized by law, as well as damages to public property and consequential damages; 200 2. All costs incurred in investigating, sampling, testing, monitoring, assessing, removing, treating, cleaning up and/or mitigating in any way harm to the environment or public property, or to reduce the threat to human health or the environment; 3. Damages for harm to the environment or public property; and 4. Restitution and injunctive, declaratory and such other equitable relief as may be allowed by law. (Ord. 493 § 1, 2011) 201 TITLE 9 ZONING CHAPTER 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 9.100.150 Outdoor lighting. A. Purpose. This section is intended to provide standards for outdoor lighting which allow adequate energy efficient lighting for public safety while minimizing adverse effects of lighting, such as lighting which: 1. Has a detrimental effect on astronomical observations; and/or 2. Inefficiently utilizes scarce electrical energy; and/or 3. Creates a public nuisance or safety hazard. B. Applicability. All outdoor artificial illuminating devices shall be installed and operated in conformance with the provisions of this section, plus any Uniform Building Codes presently or subsequently administered or adopted by the city. Any language contained therein which may conflict with this section shall be construed as consistent with this section. C. Parking Lot Lighting. Parking lot lighting shall conform to this section and to Section 9.150.080 (Parking facility design standards). D. Alternate Materials and Methods of Installation. The provisions of this section are not intended to prevent the use of any material or method of installation not specifically prescribed by this section provided any such alternate has been approved. The building official may approve any such alternate provided that findings can be made that the proposed design, material or method: 1. Provides approximate equivalence to those specific requirements of this section; or 2. Is otherwise satisfactory and complies with the intent of this section. E. Definitions. See Chapter 9.280. F. General Requirements. 1. Shielding. All exterior illuminating devices, except those exempt from this section and those regulated by subsection G of this section shall be fully or partially shielded as required in the table contained in this subsection. a. “Fully shielded” means the fixture shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted, thus preventing the emission of light above the horizontal. b. “Partially shielded” means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light rays above the horizontal. 2. Filtration. Those outdoor light fixtures requiring a filter per the table following shall be equipped with a filter consisting of a glass, acrylic or translucent enclosure. Quartz glass does not meet this requirement. 3. Height. Building-mounted lights shall be installed below the eave line or below the top of wall if there are no eaves. Pole or fence-mounted decorative and landscape lights shall be located no more than eight feet above grade. 202 4. All exterior lighting shall be located and directed so as not to shine directly on adjacent properties. 5. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table. Table 9-7 Requirements for Shielding and Filtering of Outdoor Lighting Fixture Lamp Type Shielding Requirement Filtering Requirement Low pressure sodium2 Partially None High pressure sodium Fully None Metal halide3 Fully Yes Fluorescent Fully4 Yes5 Quartz6 Fully None Incandescent, greater than 160 watts Fully None Incandescent, 160 watts or less None None Mercury vapor Fully7 Yes7 Fossil Fuel None None Glass tubes filled with neon, argon or krypton None None Other sources As required by the building official Notes: 1 Most glass, acrylic or translucent enclosures satisfy these filter requirements. Quartz glass does not meet this requirement. 2 This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations. 3 Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries. 4 Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. 5 Warm white and natural lamps are preferred to minimize detrimental effects. 6 For the purposes of this section, quartz lamps shall not be considered an incandescent light source. 7 Recommended for existing mercury vapor fixtures. The installation of new mercury vapor fixtures is prohibited. G. Prohibited Lighting. 1. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except with incandescent fixtures less than one hundred sixty watts, fossil fuels, and/or glass tubes (see table in subsection F of this section). 2. New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded. H. Procedures for Compliance. 1. Applications. 203 a. Any individual intending to install outdoor lighting fixtures (other than incandescent of one hundred sixty watts or less) shall submit an application to the citybuilding and safety department providing evidence that the proposed work will comply with this section. b. Any individual applying for a building permit and intending to install outdoor lighting fixtures (other than incandescent of one hundred sixty watts or less) shall as a part of the application submit such evidence as may be requested that the proposed work will comply with this section. c. Utility companies, lighting or improvement districts entering into a duly approved contract with the city in which they agree to comply with the provisions of this section shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting. 2. Contents of Application. The application shall contain, but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the city regulations for the required permit: a. Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, height, supports, and other devices. b. Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include but is not limited to, wattage, lighting output, manufacturers catalog cuts, and drawings (including sections where required). c. The above required plans and descriptions shall be sufficiently complete to enable the building official to readily determine whether compliance with the requirements of this section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab. 3. Issuance of a Permit. Upon the determination that the installation will be in compliance with the requirements of this section, the building official shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. 4. Appeals. Appeal procedures shall be in accordance with section 9.200.110 of this codeof the zoning regulations for decisions of the building official shall apply. 5. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the building official for approval, with adequate information to assure compliance with this section. I. Exemptions. 1. Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of Ordinance 148 (the original ordinance adopting these outdoor lighting regulations) may remain in use as nonconforming structures indefinitely provided, however, that no change in use, replacement, structural alteration, and (after abandonment) no restorations of outdoor light fixtures other 204 than bulb replacement shall be made unless it thereafter conforms to the provisions of these regulations. 2. Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced directly or indirectly by the combustion of natural gas or other utility type fossil fuels) are exempt from the requirements of this section. 3. Government Facilities. Those facilities and lands owned and operated or protected by the federal government, the state of California, the county of Riverside, or the city of La Quinta are exempted by law from all requirements of this section. Voluntary compliance with the intent of this section at those facilities is encouraged. 4. Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this section with the following limitations: a. The light fixtures for outdoor recreational facilities shall meet the shielding requirements in the table in subsection F of this section. b. No such outdoor recreational facility shall be illuminated by nonconforming means after ten p.m. except to conclude a specific recreational or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility in progress prior to ten p.m. J. Temporary Exemptions. 1. Request for Temporary Exemptions. Any individual may submit application for a minor use permit, on a form prepared by the planning division, to the building official for a temporary exemption to the requirements of this section. Such exemptions shall be valid for thirty days. The request for temporary exemption shall contain, at a minimum, the following information: a. Specific exemptions and justification for exemptions requested; b. Type, use and hours of operation of exterior light involved; c. Duration of time for requested exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp or lamps; f. Proposed location and heights of exterior light; g. Physical size of exterior lights and type of shielding and/or filtering provided; h. Previous temporary exemptions, if any. 2. Special Exemption. The building officialdirector may grant a special exemption to the requirements of the table in subsection F of this section only by approval of minor use permit which includes a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. The request for a special exemption shall contain, at a minimum, the information specified in items a through g of subsection (J)(1) of this section. 3. Additional Information. In addition to the information required in subsection (J)(1) of this section, the building official may request any additional information which would enable the building official to make a reasonable evaluation of the request for temporary exemption. 205 4. Appeal for Temporary Exemption. The building official, within five days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right to appeal to the planning commission for review pursuant to the procedures set forth in section 9.200.110 of this code.applicable to any other appeal of a decision of the building official. 5. Extension of Temporary Exemption. Any individual requesting a temporary exemption for a period greater than thirty days, or an extension beyond the original thirty-day period for a temporary exemption shall apply for a minor use permit to the planning commission and city council. The conditional use permit application shall contain (in addition to other use permit requirements) the information specified in subsections (F)(1) through (F)(3) of this section. K. Public Nuisance. Any light fixture installed after the effective date of the ordinance codified in this zoning code which violates the provisions of this section constitutes a public nuisance and shall be abated. L. Premises Identification. 1. Street numbers or addresses assigned by the city or the county shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 2. All dwelling units shall have a wall-mounted internally or externally illuminated address sign displayed in a prominent location. The illumination source for the address sign shall be controlled by a photocell sensor or a timer. As an option, the address sign may be attached to a single-residence mail box pedestal with the same illumination source as stated above. If this option is chosen, both sides of the mailbox shall have said address numbers displayed. M. Display Lighting Use. With the approval of a minor use permit, searchlights and laser lights may be used. Display lighting is defined as a beam of light projected into the sky. This type of lighting shall comply with the following requirements: 1. Permits shall be issued for grand openings only. A grand opening shall commemorate an initial building or project opening, a change in ownership of an existing business, or remodel/enlargement of over fifty percent of the floor area or a new business in an existing building. 2. The only uses allowed to apply for this permit are: shopping centers with not less than fifty thousand square feet of least area, hotel with fifty plus rooms, or part of an automall. 3. The application for a permit must be received two weeks prior to the event commencing. 4. Hours of operation should be limited from dusk to ten p.m. 5. Use of the display light(s) is limited to a maximum period of six days per calendar year. 6. Section 5.64.060 of the municipal code, regarding use of searchlights, shall be complied with. 7. Use of display lights may be in conjunction with an entertainment event or similar activity. 206 8. FAA approval shall be obtained prior to each event, if required. (Ord. 550 § 1, 2016) 207 TITLE 9 ZONING Chapter 9.160 SIGNS 9.160.060 Permitted temporary signs. A. Definition. See Chapter 9.280. B. Maximum Time Periods. No temporary sign shall be posted for more than forty-five consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed twenty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple-floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single-floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed one hundred. F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs and traffic signs or signals. Temporary signs shall not be located closer than five feet from the edge of the paved area of any public road or street and shall not be posted within any median located in a public road or street. Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs placed within the city limits. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post one or more temporary signs on public property and/or four or more temporary signs on private property shall make application to the planning division for a sign permit. To insure sign removal upon expiration of the permitted posting time, a deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign permit. Upon the successful removal of all temporary signs, up to one hundred percent of the deposit shall be refunded to the 208 applicant. However, violations of the temporary sign provisions may result in up to fifty percent of said deposit being retained by the city. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the planning division a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the planning division’s receipt of a temporary sign permit application, the director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section. b. The director’s decision with respect to a permit application for a temporary sign may be appealed to the planning commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 3. Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to section 1.01.300 of this code.subsection F of this section, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefor, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city. 9.160.070 Permitted semi-permanent signs. A. Definition. See Chapter 9.280. B. Maximum Time Periods. No semi-permanent sign shall be posted for more than one year. In addition, all semi-permanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semi-permanent sign. (For example, a semi-permanent sign advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten days after the model homes are completed and sold.) The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. 209 C. Maximum Sign Area. Semi-permanent signs may not exceed thirty-two square feet in area. The aggregate area of all semi-permanent signs placed or maintained on any parcel of real property in one ownership shall not exceed sixty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding semi-permanent signs shall not exceed eight feet in height. Semi-permanent signs which are posted, attached or affixed to multiple-floor buildings shall not be placed higher than the finish floor line of the second floor of such buildings and such signs posted, attached or affixed to single-floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the number of signs on any parcel exceed ten. F. Placement Restrictions. Semi-permanent signs may not be posted on public property, as defined in Section 9.160.130. Semi-permanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. Temporary signs may not be posted on sites approved for semi-permanent signs unless specifically authorized by the semi-permanent sign permit. G. Sign Permit Required. Any person, business, campaign organization or other entity who proposes to post or erect a semi-permanent sign shall make application to the Planning Division for a semi-permanent sign permit. 1. Statement of Responsibility Required. Each applicant for a semi-permanent sign permit shall submit to the Planning Division a statement of responsibility certifying a natural person who will be responsible for removing each semi-permanent sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the Planning Division’s receipt of a semi-permanent sign permit application, the director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for semi-permanent signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape and the provisions of this section. b. In any event, no permit application shall be approved which proposes to place in excess of ten semi-permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the city. c. The director’s decision with respect to a permit application for a semi-permanent sign may be appealed to the planning commission. H. Time Extensions. The applicant may apply for a time extension of up to one year from the date of expiration. The Director shall approve the application for an extension of time upon finding that the semi-permanent sign is otherwise in compliance with the requirements of this section and that the time extension is necessary to accomplish the purposes for which the semi-permanent sign has been posted. I. Maintenance and Removal of Semi-permanent Signs. 210 1. Maintenance. All semi-permanent signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal. If the city finds that any semi-permanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the semi-permanent sign, or the person who has claimed responsibility for the semi-permanent sign pursuant to section 1.01.300 of this codesubsection F of this section, that the semi-permanent sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the semi-permanent sign or responsible person to remove or alter such semi-permanent sign. If the city cannot determine the owner of the sign or person responsible therefor, the city shall post such notice on or adjacent to each semi-permanent sign which is in violation. If the owner of the semi-permanent sign or the person responsible therefor fails to comply with the notice within five days after such notice is given the semi-permanent sign shall be deemed abandoned, and the city may cause such semi-permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semi-permanent sign to the city. (Ord. 550 § 1, 2016) 9.160.090 Sign permit review. A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering or displaying any sign on private property within the city, unless the review procedure is exempt under Section 9.160.020 of this chapter or other provisions of this chapter. Signs requiring approval shall comply with the provisions of this chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this chapter shall apply before a sign permit and/or building permit is issued. B. Submission Materials. The following shall be submitted by the applicant to the planning division at the time of permit application unless otherwise modified by the director: 1. Completed sign application obtained from the city; 2. Appropriate sign plans with number of copies and exhibits as required in the application; 3. Appropriate fees as established by city council resolution; 4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected; 5. Sign plans with the following information: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method, b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy and method of illumination indicated for each, c. Building elevations with signs depicted (for building-mounted signs). C. Review Procedures—Standard Sign Application. 1. The standard sign application is used by the planning division to process the following sign applications using the standards and provisions contained in this chapter: a. Two or less permanent signs; b. Signs in conformance with a previously approved planned sign program pursuant to subsection D of this section. 211 2. The director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. 3. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this chapter and the regulations herein. D. Review Procedures—Planned Sign Programs. 1. Planned Sign Programs. Planned sign program review per the provisions of this subsection is required for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the planning commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. 2. The director shall make a determination to either approve, approve with modifications, or deny planned sign program applications in conjunction with its review of the associated development project. 3. The director, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the commission must find that: a. The sign program is consistent with the purpose and intent of this chapter; b. The sign program is in harmony with and visually related to: i. All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. ii. The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. iii. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. 4. Modification of signs within a previously approved sign program shall be reviewed by the director. E. Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the director. Applications for sign adjustments shall be submitted in writing on forms provided by the director. The director shall make one or more of the following findings in conjunction with approval of a sign adjustment: 1. Additional Area. a. To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural or graphic art; c. To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result; d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. 212 2. Additional Number. To compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative Locations. a. To transfer area from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback; b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement; c. Additionally, alternative on-site locations may be granted in order to further the intent and purposes of this chapter or where normal placement would conflict with the architectural design of a structure. 4. Alternative Type of Sign. To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site. 5. Additional Height. To permit additional height to overcome a visibility disadvantage. F. Disposition of Plans. 1. When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the planning division to be stamped “Approved.” The department will retain copies and a set will be returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the building and safety department and the planning division for issuance of the building permit. G. Sign Permit Expiration and Time Extensions. 1. Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the director for an extension of up to one year from the date of expiration. The director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the director finds that there has been a substantial change in circumstances. 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this chapter under the new circumstances. H. Appeals. Any decision of the director made pursuant to this chapter may be appealed to the planning commission in accordance with section 9.200.110 of this codeand decisions of the planning commission may be appealed to the city council. The appeal must be made within fifteen calendar days of the decision date, in accordance with Section 9.160.120. (Ord. 550 § 1, 2016) 213 9.160.120 Enforcement, sign removal and abatement. A. Enforcement Responsibility. It shall be the duty of the director or the directors authorized representative to enforce the provisions of this chapter. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this chapter shall be deemed illegal. If the director determines a sign to be illegal, the director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this chapter. Further, in order to discourage the erection of signs without a permit, the director may require that such illegally erected signs be removed prior to review. If the director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within ninety days after the associated enterprise or occupant has vacated the premises or within ninety days after the time, event or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per subsection E of this section. C. Unsafe Public Signs. Any sign deemed by the city to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the city or shall be removed pursuant to subsection E of this section. D. Expired Temporary and Semi-permanent Signs. A temporary or semi-permanent sign which remains posted beyond the time limits set out therefor in Sections 9.160.060(H) and 9.160.070(I) respectively shall be removed. E. Abatement and Removal of Signs. 1. Abatement Procedures. Any illegal or abandoned sign may be deemed to be a public nuisance that poses an immediate danger to the health, safety and welfare of the community by creating an obstruction to circulation, including, but not limited to, vehicular and pedestrian. The owner of the sign shall be responsible and liable for the removal and disposition of the sign. a. Abatement. Upon discovering the existence of an illegal sign, the director shall have the authority to order the immediate abatement and removal thereof. The director shall notify the owner thereof, or the owner’s representative, pursuant to section 1.01.300 of this codein person or by mailing an abatement notice to the owner’s last known address. Such notice shall state the time limit, if any, granted for removal of the sign and the statement that the director shall remove the sign after the stated time, the procedure for retrieving a removed sign, and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. The amount of time stated for removal of a sign may be reduced or eliminated if the director determines that the illegal sign constitutes an immediate danger to the health, safety and welfare of the community or is a safety hazard. b. Hearings. 214 i. Any sign removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. The administrative fees for the removal and storage of the sign shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any sign plus the proportional share of administrative costs in connection therewith. ii. Any hearing to appeal an abatement order which is requested shall be conducted by the city manager in accordance with section 2.08within five working days of the receipt of the request by the city manager, who should be designated as the hearing officer. The failure of either the owner or his or her agent to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the sign, the owner or his/her agent shall have fifteen days from the date of the hearing to retrieve his or her sign upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the sign, the administrative fee shall be waived and the owner or his/her agent shall have fifteen days to retrieve his or her sign. c. Disposition. Any sign not retrieved by its owner within thirty days after delivering or mailing the abatement notice when such owner has not requested a hearing to appeal, or within thirty days of storage of the sign by the city in all other cases, shall be deemed to be permanently abandoned and may be disposed of by the city. F. No City Liability. Neither the city nor any of its agents shall be liable for any damage to a sign which is removed under this section. G. Legal Action. In response to any violation of the provisions of this chapter, the city may elect to file a criminal complaint against the violator, issue a citation to the violator for an “infraction” pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction. (Ord. 550 § 1, 2016) 215 TITLE 9 ZONING CHAPTER 9.180 TRANSPORTATION DEMAND MANAGEMENT 9.180.080 Appeals. A. Director as Decision-Making Authority. An applicant or other aggrieved party may appeal the decision of the director to the planning commission in accordance with section 9.200.110 of this code.. Within fifteen calendar days after the date of mailing of the director’s decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the planning division. Upon receipt of a completed appeal, the director shall set the matter for hearing before the planning commission not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The planning commission shall render its decision within thirty days following the close of the hearing on the appeal. B. Planning Commission as Decision-Making Authority. An applicant or other aggrieved party may appeal the decision of the planning commission to the city council in accordance with chapter 2.04 of this code. Within fifteen calendar days after the date of mailing of the planning commission’s decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the planning department. Upon receipt of a completed appeal, the city clerk shall set the matter for hearing before the city council not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The city council shall render its decision within thirty days following the close of the hearing on the appeal. (Ord. 550 § 1, 2016) 216 TITLE 13 SUBDIVISION REGULATIONS CHAPTER 13.12 TENTATIVE SUBDIVISION MAPS 13.12.140 Appeals. A. Persons Who May Appeal. A subdivider or any other interested party may appeal a decision of the city manager or designee, or a decision of the planning commission, by using the following procedures: 1. Appeal of City Manager or DesigneeApproval Authority Decision to the Planning Commission. The city manager’s or his/her designee’s decision may be appealed to the planning commission pursuant to section 9.200.110 of this code. Within fifteen calendar days after the date of any decision by the city manager or designee, a written appeal, accompanied by the appropriate filing fee, may be submitted to the design and development department. The “date of decision” shall be either the time a formal noticed hearing is held or the date noted on correspondence mailed to the subdivider indicating the decision. The appeal shall state the item to be appealed and the reason for the request. The city manager or designee shall set the matter for hearing before the planning commission within thirty days after the date of filing the appeal. Written notice of the hearing shall be provided by mail to the subdivider, the property owner and those property owners or individuals originally noticed at the time of the first public hearing. 2. Appeal of the Planning Commission Decision to the City Council. The planning commission’s decision may be appealed to the city council pursuant to section 2.04 of this code. Within fifteen calendar days after the date of the decision by the planning commission, a written appeal, accompanied by the appropriate filing fee, may be submitted to the design and development department. The city clerk shall set the matter for hearing before the city council. The hearing on the appeal shall be held not more than thirty days from the date of receipt of the appeal and shall give written notice of the hearing to the subdivider, property owner, and those property owners or individuals originally noticed at the first public hearing. B. Call-Up Review. For purposes of this section, the “board of appeals” shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the city manager or designee or a decision of the planning commission regarding the action taken on a subdivision. A request for call-up review shall be initiated by a member of a board of appeals (either the planning commission or city council) delivering written request for call-up review to the city manager or designee within fifteen calendar days of the date on which the decision of the city manager or designee or the planning commission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty-five days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a decision by the city manager or designee, without the need 217 for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section. For purposes of this section, the “board of appeals” shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council. C. Concurrent Appeals. An appeal of a decision, including call-up review, pursuant to this section may be processed concurrently with any appeal of a decision brought pursuant to Section 9.200.110120, as may be amended from time to time. In the event of an inconsistency between the appeal process under this section and the appeal process in Section 9.200.120, the process in Section 9.200.120 shall apply to the processing of an appeal for an action taken on a subdivision. (Ord. 539 § 3, 2016; Ord. 356 § 1, 2000; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995) 218 TITLE 14 STREETS AND SIDEWALKS CHAPTER 14.16 ENCROACHMENTS 14.16.465 Publication vending machines—Removal of machines in violation. Upon determination by the director that a publication vending machine has been installed, placed, moved, used or maintained in violation of any provision of this chapter, the following procedure may be utilized in lieu of, or in addition to, other available legal remedies (such as prosecution or public nuisance abatement). If the offending machine is not properly identified as to the owner, under the provisions of this chapter, and if its ownership is otherwise not apparent to the director, the machines shall be removed immediately and processed as unclaimed property (unless ownership is thereafter claimed and substantiated) under applicable provisions of law. In other cases, an order to correct the offending condition may be issued to the owner or custodian of the machine. Such order shall be telephoned (if practicable) to the owner or custodian and confirmed by mailing a copy of the order by certified mail, return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct it. Failure to properly correct the offending condition within seven days after the mailing of the order may result in the offending machine being summarily removed. Thereafter the director shall take reasonable steps to notify the owner thereof. Upon failure of the owner to claim such machine and pay the expenses of removal and storage within thirty days after such removal, the machine shall be processed as unclaimed property under applicable provisions of law. Whenever a machine mentioned in this section has had a violation corrected, or has been reinstalled after removal under this section, the director shall cause an inspection to be made thereof, and the permittee shall be charged an additional inspection fee or fees in such amount or amounts as may have been established by resolution of the city council. Any person aggrieved by any action taken under this section shall have the his rights of appeal to the city manager in accordance with section 2.08 of this code.per Sections 14.16.510 et seq. of this chapter. Upon the filing of any such appeal, if the city manager does not take action to adjust the matter to the appellant's satisfaction, the appeal shall be presented to the city council per the above-mentioned sections. (Ord. 10 § 1, 1982) 14.16.510 Appeal—Right. Any person aggrieved by the action of any administrative official of the city acting under this chapter may appeal such decision to the city council. (Ord. 10 § 1, 1982) 14.16.520 Appeal—Filing method. Such aggrieved person as provided in Section 14.16.510 shall file notice of appeal in writing with the city clerk within seven days after final action of the administrative official whose action is being appealed. (Ord. 10 § 1, 1982) 14.16.530 Appeal—Action of city council. Unless an adjustment of the matter is made by the city manager satisfactory to the appellant, the appellant may appeal to the city council in accordance with section 2.04 of this code.shall promptly hear the appeal, and the city council may affirm, modify or reverse the action taken of the administrative official from whom the appeal is taken. (Ord. 10 § 1, 1982) 219 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 220 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTION 9.100.210 OF THE LA QUINTA MUNICIPAL CODE RELATING TO AN EXEMPTION FOR GOLF COURSE MAINTENANCE NOISE RECOMMENDATION A. Adopt a resolution certifying a Negative Declaration of environmental impacts for Environmental Assessment 2017-0012. B. Move to take up Ordinance No. __ by title and number only and waive further reading. C. Move to introduce at first reading, Ordinance No. ___, to amend Section 9.100.210 of the Municipal Code relating to exemption of golf course maintenance noise. EXECUTIVE SUMMARY Residences adjacent to golf course greens are characteristic of La Quinta’s master- planned communities. Golf course maintenance equipment exceeds the City’s 50 dB(A) noise limits for nearby residential noise sensitive uses when operating prior to 7:00 a.m. Amendments to Municipal Code (Code) Section 9.100.210, Noise Control are proposed to exempt golf course maintenance noise from the City’s noise limits between the hours of 5:30 a.m. and 8:00 p.m. FISCAL IMPACT –None. BACKGROUND/ANALYSIS Golf courses are featured amenities in eighteen La Quinta master-planned communities and are major attractions for local tourism. Prime residential locations in these communities are those immediately adjacent to golf course play areas. Routine morning turf maintenance is essential to prepare courses for tee times as early as 6:00 a.m. Maintenance involves the use of gas-powered equipment such as mowers, sweepers, and blowers that are mobile noise sources with noise levels that exceed 60 dB(A). Maintenance noise exceeds the 50 db(A) noise limit between 10:00 p.m. to 7:00 a.m. Compliance with the City’s noise regulations would require maintenance to begin at 7:00 a.m. when the noise limit increases to 65 db(A) and delay the start of golf tee times. PUBLIC HEARING ITEM NO. 1 221 The PGA West golf course administration contacted city staff regarding resident complaints about maintenance noise prior to 7:00 a.m. (Attachment 1). Residents concerned with maintenance noise cite the City’s noise limit of 50 decibels (dbA) prior to 7:00 a.m. Currently, the City’s Code does not include regulations specific to golf course maintenance noise. In addition to PGA West, SilverRock will be developed with hotels and residences near the golf course, where tee times begin as early as 6:30 a.m. Ensuring golf course maintenance continues prior to start of tee times is essential for SilverRock operations. Other Coachella Valley cities address golf course maintenance noise in their noise regulations. The cities of Palm Desert, Rancho Mirage, and Palm Springs allow maintenance as early as 5:30 a.m. (Attachment 2). The City of Indian Wells allows golf course landscape maintenance as early as 6:00 a.m. This zoning text amendment exempts golf course maintenance noise between the hours of 5:30 a.m. and 8:00 p.m., consistent with the standards of other Coachella Valley cities and the covenants, conditions and restrictions of La Quinta’s golf course communities. The standards of Section 9.100.210, Noise Control that would be modified are:  Golf course maintenance activities. All golf course related maintenance activities may begin at 5:30 a.m. and end at 8:00 p.m.  Enforcement. The city manager or his or her designee shall have the responsibility and authority to enforce the provisions of this section. AGENCY AND PUBLIC REVIEW Public Notice This project was advertised in The Desert Sun newspaper on November 24, 2017. Comments from other City Departments, including the City Clerk, City Attorney, Public Works, Building, Fire, and Code Compliance divisions were considered. Planning Commission Review At its regular meeting of November 14, 2017, the Planning Commission recommended approval of these amendments. Two written comments were received and members of the audience spoke in favor of the proposed amendments during public testimony. Environmental Review The Design and Development Department prepared an environmental assessment, which found that this action will not have a significant effect on the environment. Staff recommends certification of the Negative Declaration. ALTERNATIVES Council may chose to not approve the Code amendments, or approve additional amendments. Prepared by: Cheri Flores, Senior Planner Approved by: Gabriel Perez, Planning Manager Attachments: 1. PGA West Request Letter 2. City Noise Ordinances (Indian Wells, Palm Desert, Palm Springs, and Rancho Mirage 3. Comment Letters 222 RESOLUTION NO. 2017 - ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR ZONING ORDINANCE AMENDMENT 2017-0003 TO AMEND SECTION 9.100.210 OF THE LA QUINTA MUNICIPAL CODE RELATING TO GOLF COURSE MAINTENANCE NOISE CASE NUMBER: ENVIRONMENTAL ASSESSMENT 2017- 0012 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California did, on the 5th day of December, hold a duly noticed public hearing to consider a request by the City of La Quinta to adopt Environmental Assessment 2017-0012, prepared for Zoning Ordinance Amendment 2017-0003 to amend Section 9.100.210 of the La Quinta Municipal Code relating to exempting golf course maintenance noise from the City’s noise limits. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of November, 2017, hold a duly noticed Public Hearing and recommended certification of a Negative Declaration of Environmental Impact prepared for Zoning Ordinance Amendment 2017-0003; and, WHEREAS, said Environmental Assessment complies with the requirements of “The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 08-601) and has determined that there will not be a significant effect on the environment, and that a Negative Declaration of environmental impact should be adopted; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.220.010 of the Municipal Code to justify approval of said Environmental Assessment [Exhibit A]: 1. The proposed zoning ordinance amendment will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2017-0012. 223 Resolution No. 2017-___ Environmental Assessment 2017-0012 Adopted: November 16, 2017 Page 2 of 3 2. The proposed zoning ordinance amendment will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed zoning ordinance amendment will have the potential for an adverse effect on wildlife resources of the habitat on which the wildlife depends. 4. The proposed zoning ordinance amendment will not result in impacts which are individually limited or cumulatively considerable. 5. The proposed zoning ordinance amendment will not have environmental effects that will adversely affect the human population, either directly or indirectly. Impacts associated with noise and air quality will be less than significant. 6. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 7. The City Council has considered Environmental Assessment 2017-0012 and said assessment reflects the independent judgment of the City. 8. The location and custodian of the City's records relating to this project is the Design and Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the City Council does hereby certify Environmental Assessment 2017- 0012 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, attached and on file in the Design and Development Department. 224 Resolution No. 2017-___ Environmental Assessment 2017-0012 Adopted: November 16, 2017 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 5th day of December, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _____________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 225 226 EXHIBIT A TO RESOLUTION 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 9.100.210 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATING TO GOLF COURSE MAINTENANCE NOISE WHEREAS, the City Council of the City of La Quinta, California did, on the 5th day of December 2017, hold a duly noticed public hearing for review of a City-initiated request of Zoning Ordinance Amendment 2017-0003 to amend Section 9.100.210 of the La Quinta Municipal Code; and WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on November 14, 2017, adopt Planning Commission Resolution 2017- 017 to recommend to the City Council adoption of said code amendments; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on November 24, 2017, as prescribed by the Municipal Code; and WHEREAS, Title 9 of the Municipal Code contains the section that addresses noise levels for all properties within the City; and WHEREAS, the proposed zoning text amendments are necessary to allow golf course maintenance to occur between the hours of 5:30 a.m. and 8:00 p.m. on any given day, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment: 1. Consistency with General Plan The code amendments are consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy LU-1.2 regarding land use decisions upholding rights and needs of property owners and the general public and Goal LU-6 regarding the City having a balanced and varied economic base. Additionally, Goal OS-1 for the preservation, conservation and management of the City’s open space lands and scenic resources for enhanced recreational, environmental and economic purposes, and Goal OS-3 for the preservation of scenic resources as vital contributions to the City’s economic health and overall quality of life. 263 Ordinance No. Amendment to Title 9 Zoning Adopted: December 5, 2017 Page 2 of 3 2. Public Welfare Approval of the code amendments will not create conditions materially detrimental to the public health, safety and general welfare. The amendments assist in implementation of the General Plan and do not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. SECTION 9.100.210 shall be amended as written in “Exhibit A” attached hereto. SECTION 2. The proposed zone text amendments have complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). A Negative Declaration of Environmental Impact (Environmental Assessment 2017-0012) was prepared for the proposed text amendments and certified by the City Council. SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2017-0004, as set forth in attached “Exhibit A” for the reasons set forth in this Ordinance. SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 6. That the City Council does hereby grant the City Clerk the ability to make minor amendments to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, 264 Ordinance No. Amendment to Title 9 Zoning Adopted: December 5, 2017 Page 3 of 3 irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this day of December 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 265 266 9.100.210 Noise control. A. Purpose. The noise control standards for nonresidential land use districts set forth in this section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest. B. Noise Standards. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the “other nonresidential” standard. All noise measurements shall be taken using standard noise measuring instruments. Measurements shall be taken within the receiving property at locations determined by director to be most appropriate to the individual situation. Land Use Compatibility for Community Noise Environments Land Uses CNEL (dBA) 50 55 60 65 70 75 80 Residential – Single Family Dwellings, Duplex, Mobile Homes A B C D Residential – Multiple Family A B C D Transient Lodging: Hotels and Motels A B C D School Classrooms, Libraries, Churches, Hospitals, Nursing Homes and Convalescent Hospitals A B C D Auditoriums, Concert Halls, Amphitheaters B C EXHIBIT A TO ORDINANCE 267 Land Uses CNEL (dBA) 50 55 60 65 70 75 80 Sports Arenas, Outdoor Spectator Sports B C Playgrounds, Neighborhood Parks A C D Golf Courses, Riding Stables, Water Recreation, Cemeteries A C D Office Buildings, Business, Commercial and Professional A B D Industrial, Manufacturing, Utilities, Agriculture A B D Source: California Department of Health Services, “Guidelines for the Preparation and Content of the Noise Element of the General Plan,” 1990. Chart Legend A = Normally Acceptable: With no special noise reduction requirements assuming standard construction. B = Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed noise insulation features included in the design. C = Normally Unacceptable: New construction is discouraged. If new construction does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. D = Clearly Unacceptable: New construction or development should generally not be undertaken. Exterior Noise Standards Receiving Land Use Noise Standard Time Period Noise sensitive 65 dB(A) 7:00 a.m.—10:00 p.m. 50 dB(A) 10:00 p.m.—7:00 a.m. Other nonresidential 75 dB(A) 7:00 a.m.—10:00 p.m. 65 dB(A) 10:00 p.m.—7:00 a.m. 268 If the noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this section shall be reduced by five dB(A). C. Noise Limits. It is unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent property, to exceed: 1. The noise standard for a cumulative period of more than thirty minutes in any hour; 2. The noise standard plus five dB(A) for a cumulative period of more than fifteen minutes in any hour; 3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; 4. The noise standard plus fifteen dB(A) for a cumulative period of more than one minute in any hour; or 5. The noise standard plus twenty dB(A) for any period of time. 6. For purposes of this section, the term “cumulative period” means the number of minutes that a noise occurs within any hour, whether such minutes are consecutive or not. D. Ambient Noise Level. If the ambient or background noise level exceeds any of the preceding noise categories, no increase above such ambient noise level shall be permitted. E. Exemptions. The following are exempt from the noise restrictions of this section: 1. Emergency vehicles or other emergency operations. 2. City maintenance, construction or similar activities. 3. Construction activities regulated by Section 6.08.050 of the La Quinta Municipal Code. F. Enforcement. The city building official city manager or his or her designee shall have the responsibility and authority to enforce the provisions of this section. (Ord. 550 § 1, 2016) G. Golf Course Maintenance Activities. Golf course maintenance activities may begin at 5:30 a.m. but must end no later than 8 p.m. on any given day. 269 270 ATTACHMENT 1 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 7127/2017 Indian Wells Municipal Code Up Previous Next Title 9 PEACE. SAFETY AND MORALS Cha er 9.06 NOISE 9.06.010 Purpose. Main Chapter 9.06 NOISE Collapse Search Print No Frames The purpose of this Chapter is to control unnecessary, excessive, and annoying noise in the City as specified in this Chapter. (Ord. 277 § 3, 1991) 9.06.020 Definitions. The following words, phrases, and terms as used in this Chapter shall have the meaning as indicated below: "Ambient noise level" means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel" or "dBA" means a unit which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base of ten (10) of this ratio. "Emergency work" means the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service. "Grading" means any excavating or drilling of earth material or any combination thereof conducted to prepare a site for construction or the placement of the improvements thereon. "Leaf blower" means portable power equipment that is powered by fuel or electricity, either hand held or transported on the back, and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees and shrubs or other debris. "Mobile noise source" means any noise source other than a stationary noise source. "Noise level" means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micropascals. The unit of measurement shall be designated as dBA. http://qcode.us/codes/indianwells/ 1/10 ATTACHMENT 2 313 7127/2017 Chapter 9.06 NOISE "Person" means a person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature. "Power equipment" means equipment that is powered by fuel or electricity and used in any landscape maintenance, construction, property repair, or property maintenance. "Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes other than transient uses such as hotels and motels, and other than nonconforming residential uses within nonresidential zones. "Simple tone noise" or "pure tone noise" means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by a whistle or hum. "Sound level meter'' means an instrument that meets or exceeds American National Standards Institute's Standard Sl.4 1971 for type 2 sound level meters for an instrument and the associated recording and analyzing equipment which will provide equivalent data. "Sound pressure level" means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2 1962 and 51.13 1921; that is, twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be 0.0002 dryness per square centimeter. "Stationary noise source" means the source which is often referred to as "fixed source" (non- transportation related) including, but not limited to, mechanical electric equipment, various power tools, construction, commercial, industrial and agricultural activity and animal noise. (Ord. 438 § 1, 1998; Ord. 3S9 § 1, 1995; Ord. 277 § 3, 1991) 9.06.030 Sound level measurement-General. --- (a) Use of Sound Level Meter. Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 9.06.020. If the sound standard applied pursuant to this Chapter is not measured in decibels, then sound level measurements are not required to establish a violation of this Chapter. (b) Location for Measuring Exterior Noise Levels. The location selected for measuring exterior noise levels shall be at any point on the receiver's affected property. In the case of interior noise measurements, the windows shall be in normal seasonal configuration (closed during the months of May through September) and the measurement shall be made at a point at least four feet (4') from the wall, ceiling or floor nearest the affected occupied area. (Ord. 684 § 1, 201S; Ord. 3S9 § 1, 199S; Ord. 277 § 3, 1991) 9.06.040 Noise standards. (a) Exterior Noise Standards. (1) Standards for Residential Properties. The following exterior noise standards, unless otherwise specifically indicated in this Chapter for all residential properties shall be: SS dBA 7:01 a.m. to 10 p.m. http://qcode.us/codes/indianwells/ 2110 314 7127/2017 Chapter 9.06 NOISE SO dBA 10:01 p.m. to 7 a.m. (2) Noise Level Categories. It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, that exceeds, when measured on any other residential property the exterior residential noise standard by: Decibels Cumulative Period (i) +3 30 minutes/hour (ii) +5 15 minutes/hour (iii) +10 5 minutes/hour (iv) +15 1 minute/hour (v) +20 Not to be exceeded. (3) Ambient Noise Level. If the ambient noise level exceeds that permitted by the noise limit categories specified in subsections (a)(2)(i) and (a)(2)(ii) of this Section, the allowed noise limit shall be increased in five (5) dBA increments in each category to encompass the ambient noise level. If the ambient noise level exceeds the noise level category set forth in subsection (a)(2)(v), the maximum ambient noise level shall be the noise limit set forth in subsection (a)(2)(v) of this Section. (b) Interior Noise Standards. (1) Standards for Residential Properties. It is unlawful for any person to create any noise from inside his or her unit that causes the noise level, when measured in a neighboring unit during the period 10:00 p.m. to 7:00 a.m., to exceed: Decibels (i) 45 dBA (ii) 50 dBA (iii) 55 dBA Cumulative Period more than 5 min. in any hour more than 1 min. in any hour in any period of time (2) Ambient Noise Level. In the event the ambient noise level exceeds the noise limit set forth in either subsection (b)(l)(i) or (b)(l)(ii) of this Section, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the noise limit set forth in subsection (b)(l)(iii) of this Section, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. 359 § 1, 1995) 9.06.041 Exceptions. The following activities shall be exempted from the noise standard provisions of Section 9.06.040: (a) School bands, school athletic and school entertainment events. School entertainment events shall not include events sponsored by student organizations; (b) Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a discretionary license or permit by the City; http://qcode.us/codes/indianwells/ 3/10 315 7127/2017 Chapter 9.06 NOISE (c) Activities conducted on parks and public playgrounds, provided such parks and public playgrounds are owned and operated by a public entity; (d) Any mechanical device, apparatus, emergency generator having a maximum generation of fifteen thousand (15,000) kilowatts, equipment related to or connected with emergency activities or emergency work, but only for the period in which there is an emergency and, in the case of emergency generators, only during a power outage and routine testing of generators; (e) Noise sources associated with construction or landscape maintenance activities during the hours specified by Section 9.06.047(b); provided, however, that the operation of an internal combustion engine shall not be exempt pursuant to this subsection if such engine is not equipped with suitable exhaust and intake silencers which are in good working order. The Planning Director may permit work to be done during the hours not exempt by this subsection in the case of urgent necessity and in the interest of public health and welfare for a period not to exceed three (3) days. Application for this exemption may be made in conjunction with the application for the work permit or during progress of the work; (f) Maintenance of trees and residential property by the property occupant him/herself provided said activities take place between the hours of 7:00 a.m. and 6:00 p.m.; (g) Tree and park and street maintenance activities conducted by the City; (h) Any activity to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the State of California preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, any other activity to the extent regulation thereof has been preempted by State or Federal law or regulation. (Ord. 626 § 1, 2009; Ord. 359 § 1, 199S) 9.06.042 Schools, hospitals, and churches. It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in subsection (a) of this Section, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs, conforming to applicable law and as may be required to be approved by applicable authority, are displayed in three (3) separate locations within one-tenth (1/10) of a mile of the institution indicating the presence of a school, church, or hospital. (Ord. 359 § 1, 199S) 9.06.043 Residential pumps, fans, and air conditioners. (a) It is unlawful for any person to operate any residential fans, air conditioners, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical device or any combination thereof installed after August 16, 1991 in any manner so as to create any noise which would cause the maximum noise level to exceed: (i) sixty (60) dBA at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level; (ii) fifty-five (5S) dBA in the center of a neighboring patio three (3) to five (S) feet above ground level; (iii) fifty-five (SS) dBA outside of the neighboring living area window nearest the equipment location. Measurements shall be taken with the microphone not more than three (3) feet from the window opening but at least three (3) feet from any other surface. (b) Equipment installed after August 18, 1996 must comply with a maximum limit of fifty-five (SS) dBA at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level. http://qcode.us/codes/indianwells/ 4/10 316 7127/2017 Chapter 9.06 NOISE (c) Equipment installed before August 18, 1991 must comply with a limit of sixty-five (65) dBA maximum sound level, at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level after the effective date of this Chapter. (Ord. 359 § 1, 1995) 9.06.044 Off-road vehicles. It is unlawful for any person to operate any motorcycle or recreational off-road vehicle on or off a public road in such a manner that the noise level exceeds the exterior noise standards specified in subsection 9.06.040(a). (Ord. 359 § 1, 1995) 9.06.045 Waste disposal vehicles. It is unlawful for any person authorized to engage in waste disposal service or garbage collection to operate any truck mounted waste or garbage loading and/or composting equipment or similar mechanical device in any manner so as to create any noise exceeding the following level, when measured at a distance of fifty (50) feet from the equipment or any residential property: (a) New equipment purchased or leased on or after February 16, 1992 shall not exceed a noise level of eighty (80) dBA. (b) New equipment purchased or leased on or after February 16, 1995 shall not exceed a noise level of seventy-five (75) d BA. (c) No equipment shall exceed a noise level of eighty (80) dBA after August 18, 1996. (Ord. 359 § 1, 1995) 9.06.047 Construction or landscape maintenance noise. Construction, landscape maintenance, and similar activities shall be limited to the following hours unless a temporary waiver is granted by the Planning Director or his/her authorized designee: Monday -Friday Saturday 7:00 a.m. -5:00 p.m. 8:00 a.m. -5:00 p.m. No usage on Sundays or National Holidays* * New Year's Day, Martin Luther King Day, Presidenrs Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, ThanksgMng Day, Day After Thanksgiving and Christmas Day. (Ord. 438 § 3, 1998; Ord. 392 §§ 1-2, 1996; Ord. 366 (Exhibit A), 1995; Ord. 362 (Exhibit A), 1995; Ord. 359 § 1, 1995; Ord. 330 § 1, 1993; Ord. 300 §§ 1-3, 1992; Ord. 277 § 3 (Exhibit A), 1991) 9.06.048 Golf courses. This section applies only to golf courses. (a) Mowing. Mowing of greens and tees may begin at 6:00 a.m. year round. (1) Special Events. Mowing of all other golf course areas may begin at 6:00 a.m. for special events providing the golf course manager has received City approval in the form of a Temporary Use Permit. (b) Leaf blowers. Golf course operators may operate leaf blowers in conjunction with general maintenance subject to the hours of operation as specified in Section 9.06.047. http://qcode.us/codes/indianwells/ 5/10 317 7127/2017 Chapter 9.06 NOISE (c) Noise Levels. All golf course activities are subject to the general noise and hour regulations except as noted in this Section. (Ord. 438 § 4, 1998) 9.06.049 Restrictions and waivers. (a) Leaf Blower Motor Specifications. All non-electric powered leaf blowers shall be equipped with a permanently installed limiter that restricts the individual equipment motor performance to half throttle speed or less, to produce not more than seventy (70) decibels dBA measured at the midpoint of a wall area twenty (20) feet long and ten (10) feet high and at the horizontal distance fifty (50) feet away from the midpoint of the wall, or not more than seventy-six (76) decibels dBA at a horizontal distance of twenty-four (24) feet using a sound level meter set at Level A. (b) Prohibited Uses. No leaf blower shall be operated within a distance of ten (10) feet of any neighboring window, door, or mechanical air intake opening or duct. (c) Non-Electric Powered Leaf Blowers. Except as provided for in Section 9.06.048, Golf Courses, non- electric powered leaf blowers shall be prohibited in all zones within the City. (d) Disposal of Dirt, Dust. Debris, Leaves, Grass Clippings, Etc. Operation of power equipment shall not cause dirt, dust, debris, leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown or deposited on any adjacent or other parcel of land, lot, or public right-of-way/property other than the parcel, land, lot upon which the power equipment is being operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner which will prevent dispersion by wind, vandalism, or similar means within six (6) hours of deposit by the user or property occupant. (e) Waivers. (1) Limited Temporary Waivers. The Planning Director may issue a temporary waiver allowing construction or landscape maintenance activities that may cause intermittent noise between six a.m. to seven a.m. from June 1st through September 14th, Monday through Friday. The waiver shall not allow the operation of heavy equipment, internal combustion engines, pneumatic tools or power equipment before 7:00 a.m. Upon receipt by the Building and Safety Division of the Community Development Department of two (2) written complaints identifying the address where the noise violation occurred, the time of the violation, and the name of the complainant, the Department shall commence an investigation. If in the opinion of the Department a violation of the temporary waiver or of this Chapter has occurred, notice of revocation shall be served on the permittee or any worker on the job site and posted on the job site. The revocation hearing may be held with at least twenty-four (24) hours' notice to the permittee. The director's decision may be appealed to the City Council. The written appeal must be filed with the City Clerk within ten (10) days of the decision. Appeals do not stay the decision of the Director. A fee for the waiver shall be charged in the amount set by resolution. In the absence of a resolution setting a flat fee, the fee shall be the amount necessary to reimburse the City for expenses incurred with respect to issuing, administering or enforcing the waiver or conditions thereof. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A 87 standards. (2) Limited Temporary Waivers. The City Council may issue a temporary waiver allowing construction activities that may cause intermittent noise between 6 a.m. to 10 p.m. Monday through Saturday. A waiver may be granted if the noise source is located at least nine hundred (900) feet from a residential neighborhood, will not disturb residential areas and there is documented urgency to complete construction. The waiver shall make findings as herein required, State which sections are waived and shall State all applicable mitigation measures. The waiver may be issued for a limited term. Upon receipt by the Building and Safety Division of the Community Development Department of two (2) written complaints identifying the address where the noise violation occurred, the time of the violation, and the name of the complainant, the Department shall commence an investigation. If in the opinion of the Department a violation of the temporary waiver or of this Chapter has occurred, notice of violation shall be served on the permittee or any worker on the job site and posted on the job site. A revocation hearing before the City Council may be held with at least twenty-four (24) hours notice to the permittee. In the absence of a resolution setting a flat fee, the fee shall http://qcode.us/codes/indianwells/ 6/10 318 7127/2017 Chapter 9.06 NOISE be the amount necessary to reimburse the City for expenses incurred with respect to issuing, administering or enforcing the waiver or conditions thereof. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A 87 standards. (Ord. 438 § 5, 1998) (3) Limited Provisional Waivers. After holding a public hearing, the City Council may in its discretion issue a provisional waiver for a limited term allowing construction activities between 10 p.m. and 6 a.m. Monday through Saturday if the noise source is located at least nine hundred feet (900') from a residential neighborhood and there is documented urgency to complete construction. Without notice or hearing, the City Council may terminate the provisional waiver or modify the conditions under which it was issued. Termination or modification without notice or hearing is necessary to account for the increased adverse response to noise during these time periods. Absent such controls, this Chapter authorizing provisional waivers would not have been adopted. (Ord. 514 § 1, 2002) (4) Bridge Reconstruction Waivers (Miles Avenue). The Planning Director may issue a temporary waiver allowing Miles Avenue Bridge re-construction activities that may cause intermittent noise between 6:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday and early morning concrete and or asphalt installation due to climatic conditions between 2:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday. If any written complaints are received, without notice of hearing the Planning Director may terminate the provisional waiver or modify the conditions as necessary under which it was issued to account for the increased adverse response to noise during these time periods. Following the Planning Director's decision the provisional waiver will be placed on the next City Council Agenda for final determination review. (5) Warner Trail Sewer, Storm Drain and Street Widening Project. The Planning Director may issue a temporary waiver allowing construction activities for the Warner Trail Sewer, Storm Drain and Street Widening Project that may cause intermittent noise between 5:00 p.m. and 7:00 a.m. weekdays, and between 5:00 p.m. and 8:00 a.m. Saturdays from August 19, 2004 through October 15, 2004. If any written complaints are received concerning construction noise due to this Project during such time periods, then without notice or hearing, the Planning Director may terminate such waiver or impose any conditions he or she deems necessary to mitigate adverse impacts during these time periods. Following the Planning Director's issuance of a temporary waiver and/or decision to impose or not impose conditions following the subsequent receipt of complaints, the temporary waiver and/or decision of the Planning Director following receipt of any such complaint shall be placed on the next feasible City Council Agenda for ratification or disapproval by the City Council; provided, however, that any temporary waiver granted by the Planning Director shall remain in effect unless and until modified or terminated by the City Council. (6) Large Developments in Excess of Six Hundred (600) Acres (Site Access). Contractors or any person involved in the development of a single project site in excess of six hundred (600) acres is permitted vehicle access to the portion of the project site where work is to be performed (''the work site") after 6:00 a.m. Monday through Friday and after 7:00 a.m. on Saturday. Such access between the hours of 6:00 a.m. and 7:00 a.m. Monday through Friday, and 7:00 a.m. and 8:00 a.m. on Saturdays, shall be solely for the purposes of access to the work site and pre-construction set-up. The operation of heavy equipment such as grading equipment, internal combustion engines such as generators, pneumatic tools or power equipment except for the sole purpose of access to the work site, shall not take place prior to 7:00 a.m. Monday through Friday and 8:00 a.m. Saturday. (Ord. 563 § 2, 2004; Ord. 562 § 2, 2004; Ord. 538 § 3, 2003) 9.06.050 General noise regulations. (a) General Prohibition. Notwithstanding any other provisions of this Chapter and in addition thereto, it is unlawful, between the hours of 10:00 p.m. to 7:00 a.m. for any person to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of ordinary sensibilities from any curb line, or behind the public right-of-way boundary, fronting the property from which the noise emanates. http://qcode.us/codes/indianwells/ 7110 319 7127/2017 Chapter 9.06 NOISE (b) Standards for Determining a Violation. The standards which may be considered in determining whether a violation of the provisions of this Section exists shall include, but not be limited to, the following: (1) The sound level of the objectionable noise; (2) The sound level of the ambient noise; (3) The proximity of the noise to residential sleeping facilities; (4) The nature and zoning of the area within which the noise emanates; (5) The density of the inhabitation of the area within which the noise emanates; (6) The time of day or night the noise occurs; (7) Whether the noise is continuous, recurrent or intermittent; and (8) Whether the noise is produced by a commercial or noncommercial activity. (Ord. 684 § 2, 2015; Ord. 277 § 3, 1991) 9.06.051 Declaration of certain acts constituting excessive noise. The following activities are deemed to cause disturbing, excessive or offensive noises when they disturb the peace and quiet of any neighborhood or cause discomfort or annoyance to any reasonable person of ordinary sensibilities, and subject to the foregoing any of the following shall constitute prima facie evidence of a violation. (a) Horns, signaling devices, muffler systems, car alarms, etc. intentionally or negligently initiated and unnecessary use or operation of horns, signaling devices, uncontrolled muffler noises, car alarms on vehicles of all types including motorcycles, and other equipment. (b) The operation of any sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker or sound amplifier or similar machine or device in such a manner as to be plainly audible from any curb line, or behind the public right-of-way boundary, fronting the property from which the noise emanates, including, without limitation, emanating from any building, structure or vehicle in which it is located, or from the specific place on that property on which the source is resting, or moving at any one moment. (c) The operation of any sound amplifier which is part of or connected to any radio, stereo receiver, compact disc player, cassette tape player, audible generating device or other similar device when operated in such a manner as to be plainly audible from any curb line, or behind the public right-of-way boundary, fronting the property from which the noise emanates, or from the specific place on which the source is resting, or moving at any one moment, or when operated in such a manner as to cause a person to be aware of vibration at any distance from the specific place on which the source is resting, or moving at any one moment. (d) The playing, use or operation of, or permitting to be played, used or operated, any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loudspeaker or sound amplifiers or other machine or device for the producing or reproducing of sound. (Ord. 684 § 3, 2015) 9.06.060 Special conditions permits. Notwithstanding any provision of this Chapter, the Community Development Director may grant special condition permits for a period not exceeding three (3) days when the general purpose and intent of this Chapter can be carried out by the granting of the special condition permit, provided, however, that no permit shall be issued for any activity which violates any provision of Section 9.06.040(a). Said special condition permits may be renewed for a period not to exceed three (3) days at the discretion of the Community Development Director. (Ord. 277 § 3, 1991) http://qcode.us/codes/indianwells/ 8/10 320 7127/2017 Chapter 9.06 NOISE 9.06.070 Variances procedures. (a) Application and Fee. The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Community Development Director for a variance from the provisions thereof. The application shall set forth all actions taken to comply with this Chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance and a proposed time schedule for its accomplishment. If the applicant determines that compliance cannot be feasibly achieved at all, the application shall also set forth the reasons for such determination, the actions which have been taken to comply with this Chapter, a proposed method for complying as nearly as is feasible and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount established by resolution of the City Council. (b) Application for More Than One Noise Source. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or several fixed sources on a single property may be combined into one application. (c) Referral to Planning Commission. Upon receipt of said application and fee, the Community Development Director shall refer the application with his or her recommendation thereon within thirty (30) days to the Planning Commission. (d) Public Hearing. Upon receipt of an application for a variance, the Planning Commission shall schedule a public hearing to be conducted within sixty (60) days of receipt of the application from the Community Development Director. During the public hearing, the applicant and the Community Development Director may submit oral and documentary evidence relative to their respective contentions. The Planning Commission may deny the application for a variance or may grant a variance. The Commission may grant a variance to permit a condition which violates this Chapter to exist. A variance may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning Commission deems reasonable to achieve maximum compliance with the provisions of this Chapter. Such terms, conditions, and requirements may include, but shall not be limited to, limitations of noise levels and operating hours. (e) Conditions of Variance. Each variance shall set forth the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, the time factors related to the study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment and the general public interest and welfare. (f) Planning Commission Considerations. In deciding whether to grant a variance, the Planning Commission shall consider all facts relating to whether strict compliance with the requirement of this Chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations, including, but not limited to, the fact that a commercial development commenced construction prior to the existence of a residence affected by noise from such facility. (g) Time Limit for Planning Commission Decision. The Planning Commission shall render a decision within sixty (60) days of completion of the hearing. The decision of the Planning Commission shall be transmitted to the applicant by the City Clerk. (h) Status of Applicant Until Variance is Granted. An applicant for a variance shall remain subject to prosecution under the terms of this Chapter until a variance is granted. (i) Appeals. (1) Within fifteen (15) days following the decision of the Planning Commission on an application, the applicant, or any affected resident or property owner may appeal the decision to the City Council by filing a notice of appeal with the secretary of the Planning Commission. In the case of an appeal by the applicant for a variance the notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council as discussed http://qcode.us/codes/indianwells/ 9/10 321 7127/2017 Chapter 9.06 NOISE hereafter. If the actual cost of such preparation differs from the estimated cost a supplemental payment shall be made to the secretary. (2) Within ten (10) days following the receipt of a notice of appeal, the secretary of the Planning Commission shall forward to the City Clerk copies of the application for a variance and all papers and exhibits concerning said application received by the hearing board and its decision thereon. Any person may file with the City Clerk written arguments in favor or against said decision. (3) Within thirty (30) days following conduct of the hearing before the City Council, the Council shall either affirm, modify, or reverse the decision of the Planning Commission. In deciding the appeal, the City Council shall have the same powers as are conferred on the Planning Commission. The City Council may also direct the Planning Commission to conduct further proceedings on said application. Failure of the City Council to affirm, modify or reverse the decision of the Planning Commission or to direct the Planning Commission to conduct further proceedings within thirty (30) days from the date of the hearing will constitute an affirmation of the decision of the Planning Commission. (Ord. 277 § 3, 1991) 9.06.075 Duty to cooperate. No person shall refuse to cooperate with, or obstruct, any authorized person charged with the enforcement of this Chapter when such authorized person is engaged in the performance of his or her duties. (Ord. 684 § 4, 2015) 9.06.080 Violations-Penalty. Any person violating any of the provisions of this Chapter is guilty of an infraction and shall be subject to the maximum punishment set forth in State law or applicable City Code Section 8.08.060, provided that the first citation shall be a fine of two hundred fifty dollars ($250.00) and each subsequent citation shall be a fine of five hundred dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. 684 § 5, 2015; Ord. 277 § 3, 1991) 9.06.090 Severability. If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. 277 § 3, 1991) View the mobile version. http://qcode.us/codes/indianwells/ 10/10 322 7127/2017 Chapter 9.24 NOISE CONTROL Palm Desert Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 9 PUBUC PEACE. MORALS AND WELFARE Cha r 9.24 NOISE CONTROL 9.24.010 Purpose. The city council finds and declares that: A. Inadequately controlled noise presents a growing danger to the health and welfare of the residents of the city of Palm Desert; and B. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the city of Palm Desert is a condition that has existed for some time, however, the extent and volume of such noises is increasing; and C. The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises that are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city of Palm Desert; and D. Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, or enjoymentofproperty;and E. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the residents of the city of Palm Desert. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.020 Definitions "Ambient noise level" means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "Amplified music" means instrumental and/or vocal music amplified through electronic means. "Average sound level" means a sound level typical of the sound levels at a certain place during a given period of time; also, means an equivalent continuous sound level. "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A- weighting network. The level to read is designated db(A) or dBA. "Commercial establishments" includes, but is not limited to, any nightclub, restaurant, sports bar, industrial, retail or business establishment or combination thereof. "Construction equipment" means any tools, machinery or equipment used in connection with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, home improvement site or property maintenance site, regardless of whether such site be located on-highway or off-highway. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel" means a unit measure of sound level noise. "Disturbance" means any disturbance of the peace as defined by Penal Code Section 415 or as otherwise defined herein. "Disturbing, excessive or offensive noise" means any sound or noise from any source in excess of the sound level or noise level set forth in Section 9.24.030. "Emergency machinery," "vehicle" or "work" means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public http://qcode.us/codes/palmdesert/ 1/7 323 7127/2017 Chapter 9.24 NOISE CONTROL utilities when restoring utility service. "Fixed noise source" means a stationary device which creates sounds which are fixed or motionless including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditions and refrigeration equipment. "Gathering" means any convergence of five or more persons. "Impact noise" means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or in rest. ''Noise level" means the same as "sound level." The terms may be used interchangeably herein. "Peace officer" means a duly appointed officer of the City, as defined in California Penal Code, Chapter 4.5, Sections 830 et seq. "Person" means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. "Portable powered blower" means any mechanically powered device, regardless of the source of power, which is not stationary, and used for the purpose of blowing leaves, dirt or other debris off sidewalks, lawns or other surfaces. "Premises" means any real property or location at which a gathering may be held. "Sound level" (noise level) in decibels is the quantity measured using the frequency weighting of A of a sound level meter as defined herein. "Sound level meter" means an instrument meeting American National Standard Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 842 § 1, 1997; Ord. 691 § 1, 1992; Ord. 420, 1985) 9.24.030 Sound level limits. A. The following ten-minute average sound level limits, unless otherwise specifically indicated, shall apply as indicated in the following table as it relates to a fixed noise source or pool equipment pursuant to Section 25 .16.110 or leaf blowers pursuant to Section 9.24.075. Zone Residential-All Zones Public Institutional Commercial Manufacturing Industrial Agricultural Time 7 a.m. to lOp.m. 10 p.m. to 7 a.m. 7 a.m. to lOp.m. 1 O p.m. to 7 a.m. 7 a.m. to lOp.m. 10 p.m. to 7 a.m. 7 a.m. to lOp.m. 10 p.m. to 7 a.m. Applicable Ten-Minute Average Decibel Umit (A-Weighted) SS 4S 65 SS 65 SS 70 SS B. If the measured ambient noise level exceeds the applicable limit as noted in the table in subsection A of this section, the allowable average sound level shall be the ambient noise level. C. The sound level limit between two zoning districts shall be measured at the higher allowable district. (Ord. 1246 § 1, 2012; Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1126A § 1, 2006; Ord. 1125 § 1, 2006; Ord. 691 § 2, 1992; Ord. 647 § 1, 1991; Ord. 420, 1985) http://qcode.us/codes/palmdesert/ 217 324 7127/2017 Chapter 9.24 NOISE CONTROL 9.24.040 Prohibited noise generally. A. It is unlawful for any person or property owner within the city of Palm Desert to make, cause, or continue to make or cause loud, excessive, impulsive or intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities of a distance of greater than fifty feet from property line. B. The factors, standards, and conditions that may be considered in determining whether a violation of the provisions of this section has been committed, include, but are not limited to, the following: 1. The level of the noise; 2. The level and intensity of the background (ambient) noise, if any; 3. The proximity of the noise to residential or commercial sleeping areas; 4. The nature, density and zoning of the area within which the noise emanates; 5. The density of inhabitation of the area within which the noise emanates; 6. The time of day and night the noise occurs; 7. The duration of the noise; 8. Whether the nature of the noise is natural or unnatural; 9. Whether the noise is constant, recurrent or intermittent; 10. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 1246 § 2, 2012; Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 691 § 3, 1992; Ord. 420, 1985) 9.24.050 Disturbing, excessive, offensive noises-Declaration of certain acts constituting. The following activities, are declared to be deemed disturbing, excessive or offensive noises and any of the following shall constitute prima facie evidence of a violation. A. Homs, Signaling Devices, Mu:filer Systems, Car Alarms, etc. Unnecessary use or operation of horns, signaling devices, uncontrolled muftler noises, car alarms on vehicles of all types, including motorcycles, and other equipment. 1. The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in such a manner as to be plainly audible at a distance of fifty feet or more from the building, structure or vehicle in which located, or from the source point. 2. The operation of any sound amplifier, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of fifty feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of fifty feet or more from the source point. B. Uses Restricted. The use, operation, or permitting to be played, used or operated, any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of any reasonable person of normal sensitiveness. C. Prima Facie Violations. Any of the following shall constitute evidence of a prima facie violation of this section: 1. The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which located, or from the source point. 2. The operation of any sound amplifier, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of fifty feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of fifty feet from the source point. D. Enforcement of Prima Facie Violations. Any peace officer, as defined in California Penal Code, Chapter 4.5 Sections 830 et seq., and/or the city manager or designees who are authorized to enforce the provisions of this chapter and http://qcode.us/codes/palmdesert/ 317 325 7127/2017 Chapter 9.24 NOISE CONTROL who encounters evidence of a prirna facie violation of this section whereby the component(s) amplifying or transmitting the sound in such a manner as to disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity in any area of the city shall be empowered to issue a citation and/or to confiscate and impound as evidence, any or all of the components amplifying or transmitting the sound. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.060 Special provisions-Exemptions. The following activities shall be exempted from the provisions of this chapter: A. School bands, school athletic and school entertainment events; B. Outdoor gatherings, public dances, shows and sporting and entertainment events; provided, the events are authorized by the city; C. Activities conducted in public parks and public playgrounds; D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work; E. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; F. Mobile noise sounds associated with agricultural operations provided such operations do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday; G. Mobile noise sources associated with agricultural pest control through pesticide application; H. Noise sources associated with property maintenance. Refer to Section 9.24.075, Property maintenance activities; I. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission; J. Carillon chimes between the hours of eight a.m. to seven p.m. K. Noise sources associated with construction activities. Refer to 9.24.070, Construction activities. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1076 § 1, 2005; Ord. 842 § 2, 1997; Ord. 754 § 1, 1994; Ord. 691 § 5, 1992; Ord. 539 § 1, 1988;0rd.420, 1985) 9.24.065 Parking lot sweepers. No person shall operate, or permit to be operated, a parking lot sweeper between the hours of ten p.m. to seven a.m. in or adjacent to any residential zone. Emergency work and/or unusual conditions may cause parking lot cleaning to be permitted with the consent of the city manager. (Ord. 1179 § 1, 2009; Ord. 1178 § 2, 2008; Ord. 691 § 6, 1992) 9.24.070 Construction activities. No person shall perform, nor shall any person be employed nor shall any person cause any other person to be employed to work for which a building permit is required by the city in any work of construction, erection, demolition, alteration, repair, addition to or improvement of any building, structure, road or improvement to realty except between the hours as set forth as follows: October ht through April 30th Monday through Friday: Seven a.m. to five-thirty p.m. Saturday: Eight a.m. to five p.m. Sunday: None Government code holidays: None http://qcode.us/codes/palmdesert/ 417 326 7127/2017 May 1st through September 30th Monday through Friday: Saturday: Sunday: Government code holidays: Six a.m. to seven p.m. Eight a.m. to five p.m. None None Chapter 9.24 NOISE CONTROL Emergency work and/or unusual conditions may cause work to be permitted with the consent of the city manager upon recommendation of the building director or the city engineer. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 752 § 1, 1994; Ord. 420, 1985) 9.24.075 Property maintenance activities. A. Noise sources associated with property maintenance activity and all portable blowers, lawnmowers, edgers or similar devices shall be prohibited except during the following hours: October ht through April 30th Monday through Sunday: Government code holidays: Nine a.m. to five-thirty p.m. Not allowed May 1st through September 30th Monday through Friday: Saturday and Sunday: Government code holidays: Eight a.m. to five-thirty p.m. Nine a.m. to five-thirty p.m. Not allowed Notwithstanding the hours of permitted operations, such equipment that constitutes a public nuisance may be abated as otherwise provided in this code. With the exception of blowers, all maintenance activities associated with golf courses and/or tennis courts can operate from five-thirty a.m. to seven p.m., seven days a week. B. All municipal maintenance activities are not subject to subsection A. C. No person shall willfully make or continue, or willfully cause to be made or continued, any noise from any portable powered blower at a level which exceeds seventy decibels ( dBA) measured at the midpoint of a wall area twenty feet long and ten feet high and at the horizontal distance fifty feet away from the midpoint of the wall, or not more than seventy-six decibels (dBA) at a horizontal distance of twenty-four feet using a sound level meter. D. No portable powered blower shall be operated in a manner which will permit dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or deposited onto neighboring property or public right- of-way. All waste shall be removed and disposed of in a sanitary manner by the use or property occupant. (Ord. 1243 § 3, 2012; Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1076 § 1, 2005; Ord. 842 § 3, 1997) 9.24.080 Refuse and waste collection hours. The city contractor for collection of refuse and waste shall be authorized to provide service as indicated in the following table: A. Commercial. 1. Collection during winter months shall be between six a.m. and six p.m. 2. Collection during summer months shall be between five-thirty a.m. and six p.m. http://qcode.us/codes/palmdesert/ 517 327 7127/2017 Chapter 9.24 NOISE CONTROL B. Residential. 1. Collection during winter months shall be between six-thirty a.m. and six p.m. 2. Collection during summer months shall be between five-thirty a.m. and six p.m. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.090 Schools, hospitals and churches-Special provisions. It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use, to exceed the noise limits, as specified in subsection A of Section 9.24.030, prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably disturbs or annoys patients in the hospital. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.100 Air conditioning and refrigeration equipment. The noise standards enumerated in Section 9.24.030 shall be increased by eight dBA when the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of December 1, 1985. Installation of new equipment must be certified to be within the provisions of this chapter for night and day operation noise level. (Ord. 1246 § 3, 2012; Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.110 Noise level measurement. A. The location selected for measuring exterior noise levels between residential properties shall be at the property line of the affected residential property. Affected residential property shall be the address from which the complaint was received. Interior noise measurement shall be made within the affected residential unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source. The location selected for measuring exterior noise levels between nonresidential properties shall be at the property line of the affected property. B. The location selected for measuring exterior noise levels between two zoning districts shall be at the boundary of the two districts. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 1126A § 2, 2006; Ord. 1125 § 2, 2006; Ord. 420, 1985) 9.24.120 Interference with authorized personnel is prohibited. No person shall interfere with, oppose or resist any authorized person charged with enforcement of this chapter while such person is engaged in the performance of his or her duty. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.140 Pre-existing noise source-Time extension. Those commercial and/or industrial noise sources in existence prior to the date of adoption of the ordinance codified in this chapter, which noise sources are an integral part of a building, structure or similar fixed and permanent installation if in compliance with local zoning structures, shall be granted a three-year period from the date of adoption with which to comply with the provisions of the chapter. If, at the end of the three-year period, it can be shown that compliance with the provisions herein constitutes a hardship in tenns of technical and economic feasibility, the time to comply may be extended on an annual basis until such time as compliance may be affected. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.150 Violation-Infractions. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 1170 § 1, 2008; Ord. 1169 § I, 2008; Ord. 420, 1985) 9.24.160 Continuing or subsequent violations-Misdemeanor. ------------------------------~ http://qcode.us/codes/palmdesert/ 617 328 7127/2017 Chapter 9.24 NOISE CONTROL Any person having been convicted of a violation of any provisions of this chapter who thereafter commits a violation of the same provisions of this chapter shall be guilty of a misdemeanor. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) 9.24.170 Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 1170 § 1, 2008; Ord. 1169 § 1, 2008; Ord. 420, 1985) View the mobile version. http://qcode.us/codes/palmdesert/ 717 329 7127/2017 Chapter 11.74 NOISE ORDINANCE Palm Springs Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 11 PEACE. MORALS AND SAFETY Cha r 11.74 NOISE ORDINANCE _!1.74.010 Declaration of policy. It is the policy of the city of Palm Springs to reduce noise in the community and to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of the citizenry and in the public interest it shall be restricted. In order to implement the goals of the noise element of the city's general plan and adopt a comprehensive noise ordinance to prohibit unwanted and unnecessary sounds of all types within the community, this chapter has been created. This chapter shall be referred to and cited as the "Palm Springs Noise Ordinance." (Ord. 1167 § 1, 1982) 11.74.020 Definitions. Terminology used in this chapter shall be in conformance with definitions in the Palm Springs zoning ordinance and is defined herein as follows: (1) "Ambient noise level" means an existing level of all-encompassing noise associated with a given environment, usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources. (2) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA. (3) "Commercial area" means land utilized for business purposes other than residential or industrial uses. (4) "Day" means the time period from seven a.m. to tenp.m. (5) "Decibel (dB)" means a unit for measuring the volume of a sound equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. ( 6) "Emergency work" means any work performed necessary to restore property to a safe condition due to property damage threatened or caused by an emergency. (7) "Enforcement officer" means the building and safety director or his designee who may enforce the provisions of this chapter. (8) "Equivalent A-weighted sound level (Leg)" means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound for a given period of time. For the purposes of this chapter, it is an eight-hour period of time. (9) "Fixed noise source" means a stationary device which creates sounds, including but not limited to agricultural, commercial, industrial, and residential machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. (10) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. ( 11) "Impulsive sound" means a short duration sound of one second or less with an abrupt onset and rapid decay (includes explosion, drop forge impact, or firearm discharge). (12) "Intrusive noise" means a sound which intrudes over and above the existing ambient noise level at a given location. (13) "Mobile noise source" means any noise source other than a fixed source. (14) "Motor vehicles" means any and all self-propelled vehicles, on or off road, subject to identification under California Vehicle Code. http://www.qcode.us/codes/palmsprings/ 1/9 330 7127/2017 Chapter 11.74 NOISE ORDINANCE ( 15) "Muftler or sound dissipation device" means a device for abating the sound of escaping gases of an internal combustion engine. (16) ''Night" means the time period from ten p.m. to seven a.m. (17) ''Noise disturbance" means any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or ( c) endangers or injures personal or real property. (18) ''Noise sensitive areas" means quiet zones of the city which contain more sensitive activities. Existing quiet zones shall be considered noise sensitive areas until otherwise designated. (19) "Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or entity, public or private. (20) "Powered model vehicle" means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car or rocket. (21) "Residential area" means land which is utilized or zoned for residential purposes. (22) "Sound amplifying equipment" means any device used for the amplification of the human voice, music or any other sound. Excluded are standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is held or installed. Also excluded are warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. (23) "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for fype S2A meters in American National Standards Institute specifications for sound level meters, S 1.4- 1971, or the most recent revision thereof. (24) "Sound truck" means any motor vehicle, or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. (25) ''Vibration perception threshold" means the minimum ground, or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of0.01 in/sec over the range of 1 to 100 Hz. (26) "Weekday" means any day, Monday through Friday, which is not a legal holiday. (Ord. 1167 § 1, 1982) _!1.74.030 Fixed and nonstationary sources. On or after the effective date of the ordinance codified in this chapter, unless a permit has been granted by the board of appeals, it shall be unlawful for any person to operate or cause to be operated any single or combination of fixed source or non-stationary source type of equipment or machinery except construction equipment used in connection with construction operations, that individually or collectively constitute an identifiable sound source in such a manner as to cause the sound level at any point on the property line of any property to exceed by five decibels or more, the noise level limits set forth in Section 11.74.031, plus allowances for time duration in Section 11.74.032. (Ord. 1167 § 1, 1982) 11.74.031 Noise level limit. The noise level or sound level referred to in this section shall mean the higher of the following: ( 1) Actual measured ambient noise level; or (2) That noise level limit as determined from the table in this subsection: Sound Level Zone Time (A-weighted) Decibels Residential 7 a.m. to 6 p.m. 50 Low Density 6 p.m. to 10 p.m. 45 10 p.m. to 7 a.m. 40 http://www.qcode.us/codes/palmsprings/ 2/9 331 7127/2017 Chapter 11.74 NOISE ORDINANCE Residential 7 a.m. to 6 p.m. 60 High Density 6 p.m. to 10 p.m. 55 10 p.m. to 7 a.m. 50 Commercial 7 a.m. to 6 p.m. 60 6 p.m. to 10 p.m. 55 10 p.m. to 7 a.m. 50 Industrial 7 a.m. to 6 p.m. 70 6 p.m. to 10 p.m. 60 10 p.m. to 7 a.m. 55 If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB shall apply. (Ord. 1167 § 1, 1982) 11.74.032 Time duration correction table. The time duration allowances set forth in the table below shall apply to those noise level limits set forth in Section 11.74.031 during the daytime hours: Duration of Sound dB(A) Allowance Up to 30 minutes per hour +3 Up to 15 minutes per hour +6 Up to 10 minutes per hour +8 Up to 5 minutes per hour +11 Up to 2 minutes per hour +15 Up to 1 minutes per hour +18 Up to 30 seconds per hour +21 Up to 15 seconds per hour +24 The provisions of this section shall not apply to construction equipment used in connection with emergency work. (Ord. 1167 § 1, 1982) ~1.74.033 Noise measurement procedure. Upon receipt of a complaint from a citizen, or a request to investigate, the enforcement agent, equipped with sound level measurement equipment, may investigate the complaint. The investigation shall consist ofmeasurement(s) and the gathering of data to adequately define the noise problem and shall include the following: (a) Type of noise source; (b) Location of noise source relative to complainant's property; ( c) Time period during which noise source is considered by complainant to be intrusive; ( d) Total duration of noise produced by noise source; ( e) Date and time of noise measurement survey. (Ord. 1167 § 1, 1982) 11.74.034 Maximum permissible sound levels by receiving land use. (1) The noise standards for the various categories ofland use identified in Section 11.74.031 shall, unless oth- erwise specifically indicated, apply to all such property within a designated zone. (2) No person shall operate or cause to be operated any source of sound at any location which causes the noise level, when measured on any other property, to exceed the limits set forth in Sections 11.74.031and11.74.032. http://www.qcode.us/codes/palmsprings/ 319 332 7127/2017 Chapter 11.74 NOISE ORDINANCE (3) If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB, shall apply. (Ord. 1167 § 1, 1982) 11.74.035 Maximum permissible dwelling interior sound levels. (1) The interior noise standards for multifamily residential dwellings as presented in the following table shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their open position: Land Use Time Interval Allowable Interior Noise Level ( dBA) Multifamily 10 p.m. to 7 a.m. 35 Residential 7 a.m. to 10 p.m. 45 (2) No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed: (a) The noise standard as specified in subsection {l) of this section for a cumulative period of more than five minutes in any hour; or (b) The noise standard plus five dB for a cumulative period of more than one minute in any hour; or ( c) The noise standard plus the ten dB or the maximum measured ambient for any period of time. (3) If the measured ambient noise level differs from that permissible within any of the allowable interior noise level categories above, the allowable interior noise level shall be adjusted in five-dB increments in each category as appropriate to reflect the measured ambient noise level. (Ord. 1167 § 1, 1982) 11.74.040 General guidelines. Notwithstanding the provisions of Sections 11. 74.030 through 11. 74.035, it shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of the city, any loud, unnecessary or unusual noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The characteristics and conditions to be considered in determining a violation of the provisions of this section include, but are not limited to the following: ( 1) The intensity of the noise; (2) Whether the nature of the noise is usual or unusual; (3) The level and intensity of the background noise; ( 4) The proximity of the noise to sleeping facilities; ( 5) The nature and zoning of the area within which the noise emanates; (6) The density of habitation of the area within which the noise emanates; (7) The time of the day or night the noise occurs; (8) The duration of the noise; (9) Whether the noise is recurrent, intermittent, or constant; and (10) Whether the noise is produced by a commercial or noncommercial activity. (Ord. 1167 § 1, 1982) 11.74.041 Controlled hours of operation. (a) It shall be unlawful for any person to operate, permit, use or cause to operate, any of the following between the hours of eight p.m. to eight a.m. in residential zones and between the hours of eight p.m. to seven a.m. in all other zones: ( 1) Powered model vehicles; (2) Loading and unloading vehicles such as trash collectors, fork lifts, or cranes within one thousand feet of a residence; http://www.qcode.us/codes/palmsprings/ 4/9 333 7127/2017 Chapter 11.74 NOISE ORDINANCE (3) Domestic power tools; (4) Non-emergency exterior hardscape and landscape activities, including without limitation tree trimming, re- seeding, lawn mowing, leaf blowing, dust and debris clearing, and any other landscaping or nonemergency exterior hardscape maintenance activities which would utilize any motorized saw, sander, drill, grinder, leaf-blower, lawn mower, hedge trimmer, edger, or any other similar tool or device. (b) Notwithstanding the foregoing, this Section shall not prohibit the operation or use of any such equipment at any time within said zones by the city, its officers or employees, or any agent or franchisee of the city. ( c) The regular mowing or grooming of golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be exempt from the restrictions set forth in this Section. The allowed work hours for mowing or green preparation for golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be between five-thirty a.m. and eight p.m., seven days per week and during all seasons of the year. (Ord. 1851 § 2, 2014; Ord. 1383 § 1, 1991: Ord. 1167 § 1, 1982) 11.74.042 Construction. It shall be unlawful for any person within the city to operate construction tools or equipment in the performance of any outside construction or repair work on buildings, structures, or projects except in accordance with Section 8.04.220, of this code. (Ord. 1167 § 1, 1982) !1.74.043 Loud, unusual noises. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive: (a) Muffiers or Sound Dissipative Devices. No person shall operate or cause to be operated any motor vehicle in violation of the exhaust noise levels as established by the State of California Vehicle Code Division 12, Section 27158.5 Article 2.5. (b) Homs and Signaling Devices. No person shall operate or cause to be operated any motor vehicle horn, siren, or amplification device in violation of the State of California Vehicle Code Division 12, Section 26709 Chapter 5 Article 1. (c) Motorized Recreational Vehicles Operating Off Public Right-of-Way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this chapter. ( d) Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand pounds, or of any auxiliary equipment attached to such a vehicle, for a period longer than fifteen minutes in any hour while the vehicle is stationary, and on a public right-of-way or public space within one hundred fifty feet of a residential area or designated noise sensitive zone, between the hours of seven p.m. and seven a.m., except when movement of said vehicle is restricted by other traffic. ( e) Vehicle or Motorboat Repairs and Testing. It shall be unlawful for any person to repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance on residential property. (f) Loudspeakers and Other Sound Amplifying Devices/Musical Instruments. It shall be unlawful for any person to play, use, operate or permit to be played, used or operated, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of any sound upon any public street, alley, sidewalk, passageway or thoroughfare, or in or upon any public park or other public place so as to unreasonably interfere with the peace and quiet of any other person; or if such act is done upon any private property, so as to unreasonably interfere with the peace and quiet of any person outside the boundary of such private property. (g) Hawkers and Peddlers. http://www.qcode.us/codes/palmsprings/ 5/9 334 7127/2017 Chapter 11.74 NOISE ORDINANCE It shall be unlawful for any person to sell anything by outcry within any area of the city utilized for residential or commercial purposes. This section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and similar licensed public entertamment events or auctions. (h) Animals and Fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior shall cause annoyance or discomfort to a reasonable person of normal sensitiveness on any residential property. (See also Section 10.28.020, Noise disturbances by animals.) (i) Machinery, Equipment, Fans and Air Conditioning. It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line or party wall line of any residential property to exceed the ambient noise level by more than five decibels. (j) Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or one hundred fifty feet from the source if on a public space or public right-of-way, is unlawful. (Ord. 1289 § 1, 1987; Ord. 1167 § 1, 1982) 11.74.044 Wind energy conversion systems (WECS). (a) Permit Approval. A commercial WECS permit shall not be granted unless the applicant demonstrates that the projected WECS noise level will be no greater than that limit specified in subsection ( c) of this section and shall be calculated in accordance with the technical specifications and criteria adopted pursuant to subsections (f) through (h) of this section. Noise level limits for WECS shall be considered a property development standard and variances thereunto may be granted pursuant to Section 9406.00 of the zoning ordinance. (b) Point of Measurement. The point of measurement for the calculation of the WECS noise level projected pursuant to subsection (c) of this section shall be determined as follows: ( 1) All lots in the vicinity of the commercial WECS project property which are actually used for residential, hotel, hospital, school, library or convalescent home purposes shall be identified. For purposes of this subsection, no lot included in the commercial WECS project property shall be deemed actually used for residential, hotel, hospital, school, library or convalescent home purposes. (2) The point of measurement shall be ten feet from the outside surface of the wall of such structure, identified in subsection (b)(l) of this section, nearest the WECS being measured. (c) Noise Level Limits. The noise level or sound level referred to in this section shall mean the higher of the following: (1) Fifty-five dB(A) at the point of measurement; (2) The noise level limit shall be reduced by five dB(A) where it is projected that pure tone noise will be generated. A pure tone shall exist if the one-third octave band sound pressure level in the band width of the tone exceeds the arithmetic average of the sound pressure levels on the two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above, and eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. ( d) Noise Zones. ( 1) The development of wind turbines shall be prohibited within two hundred feet of any existing land use described in subsection (b )( 1) of this section. (2) The development of wind turbines at a distance between two hundred feet and three thousand feet from any land use described in subsection (b )( 1) of this section shall require the submittal of an acoustical report indicating http://www.qcode.us/codes/palmsprings/ 6/9 335 7127/2017 Chapter 11.74 NOISE ORDINANCE compliance with the noise level limits and the measurement methodology described in this section. (3) At distances greater than three thousand feet from any land use described in subsection (b)(l) of this section, wind turbine development may be permitted without acoustical study. ( e) Commercial WECS Characteristics. All noise reports submitted to the city shall include the following information: ( 1) The dimensions of the commercial WECS including tower height, total height, hub height and rotor diameter; (2) The name of the manufacturer of the commercial WECS and any applicable model number; (3) A description of the commercial WECS, including axis and wind orientation; and ( 4) Maximum rated power output and the power curve of the WECS and wind speed plotted relative to power produced. (f) Measurement Methodology for a Single Commercial WECS. All noise measurements shall be made and reported as follows: (I) All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Brue! and Kjaer Windscreen (Model No. UA 9237 or 0207) and calibrated to standards of National Bureau of Standards, or other instrumentation as approved by the director of planning and zoning. The specific instrumentation used shall be described in the noise report. (2) Noise measurements shall be made at a height of five feet above local terrain. Unusual circumstances may require a different measurement height, but any variance shall be explained in the noise report. (3) Noise measurement data shall be reported as sound pressure levels derived from dB, A weighted. Noise data indexes shall be measured utilizing slow response at a sampling rate of one-quarter second or faster. A noise measurement often-minute duration should be made with the measurements being recorded on a strip chart recording or similar device. The Leq, L 50, L 80 , L 90 and L 99 should be measured. The measurements should be conducted during a period of relatively constant wind speed. The strip chart recording will show a fairly constant noise level that is intermittently interrupted by higher noise levels due to wind noise and possibly vegetation noise. The lower noise levels recorded on the strip chart are primarily attributable to the WECS. This noise level should correspond roughly to the L 90 noise level. The L 90 should be considered as the noise level attributable to the WECS. The wind speed during the measurement period should not exceed twenty-five miles per hour as measured at ten feet above ground. For compliance testing, the ten-minute measurements should be repeated three times. ( 4) The following parameters during noise measurements shall be noted and included in the noise report: (A) Average wind speed; (B) Gust wind speed; (C) Wind direction; (D) Temperature; (E) Relative humidity; (F) General weather conditions (e.g. cloudy, clear, inversions); (G) Terrain (e.g. hills, level, ravines); and (H) Surrounding vegetation. (5) Three ten-minute noise measurements should be made for compliance testing. ( 6) The noise level used will be the arithmetic average of the L 90 levels recorded during the three measurement periods. (7) Noise measurements shall be made in low, medium and high wind speeds and shall be included in the noise report. For low wind speeds, noise measurements shall be made in winds producing an average power output over a minimum thirty-minute sampling period of twenty percent plus or minus five percent of maximum rated power output. For medium wind speeds, noise measurements shall be made in winds producing an average power output over a minimum thirty-minute sampling period of fifty percent plus or minus ten percent of maximum rated power http://www.qcode.us/codes/palmsprings/ 719 336 7127/2017 Chapter 11.74 NOISE ORDINANCE output. For high wind speeds, noise measurements shall be made in winds producing an average power output over a minimum thirty-minute sampling period of ninety percent plus or minus ten percent maximum rated power output. (8) In order to determine the dB, A weighted, reference level for low wind speeds, noise measurements shall be made four hundred feet downwind from the WECS under low speed conditions, i.e. under wind conditions producing an average power output over a minimum fifteen-minute sampling period of twenty percent plus or minus five percent of maximum rated power output. These measurements shall be included in the noise report. (9) The dB, A weighted, reference level for high wind speeds will be calculated using the L 90 levels measured under subsections (f)(7) and (f)(8) of this section. The high wind speed reference level shall be the sum oflow wind speed reference level measured pursuant to subsection (f)(8) of this section plus the difference between the low wind speed noise level and the high wind speed noise level measured pursuant to subsection (f)(7) of this section. (10) If the director of planning and zoning determines that any data provided in the noise report is inconsistent or inadequate, a supplemental noise report prepared by an independent acoustical consultant may be required. (g) Modeling for Projected Noise Levels from Commercial WECS Arrays. Projected WECS noise level shall be supplied by the permit applicant in accordance with the following procedures: (1) Determine the noise level of each WECS (NLW) at the receptor by using the reference noise level (RNL) at four hundred feet at high speeds calculated pursuant to subsection (f)(9) of this section and the following formula: NLW = RNL + 20 log (400/RD) -AAL Where: RD = Receptor Distance to the WECS noise source. WECS noise source shall be assumed to be at the rotor hub for horizontal axis WECS and at the midpoint of the rotor axis for vertical axis WECS. AAL =Atmospheric Attenuation Loss determined from Table of Atmospheric Absorption Losses (U.S. Dept. of Transportation, Oct. 1980; Report No. FAA-EE-80-46, Volume III) Method A at 50% humidity and 70°F. (2) Determine projected WECS noise level (PWNL) using the following formula: PWNL = 10 log [antilog (NLW1/10) + antilog (NLW2/10) + antilog (NLWJlO)] Where: NL W 1 = Noise level of first WECS at receptor. NLW 2 =Noise level of second WECS at receptor. NLW n =Noise level of nth WECS at receptor. (h) Measurement Methodology for a Commercial WECS Array. All noise measurements shall be made and reported as follows: ( 1) Required acoustical reports shall be prepared by a registered professional engineer who has an expertise in acoustical engineering or by an Institute of Noise Control engineer (INCE). The report will be reviewed and, if appropriate, approved by the city before the issuance of permits. (2) All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Brue! and Kjaer Windscreen (Model No. UA 0237 or 0207) and calibrated to standards of National Bureau of Standards. The specific instrumentation used shall be described in the noise report. (3) Noise measurements shall be made at a height five feet above local terrain. Unusual circumstances may require a different measurement height, but any variance shall be explained in the noise report. (4) Noise measurement data shall be reported as sound pressure levels derived from dB, A weighted. Noise data indexes shall be measured utilizing slow response at a sampling rate of one-quarter second or faster. A noise measurement often-minute duration should be made with the measurements being recorded on a strip chart recording or similar device. The Leq, L50, L80 , L 90 and L 99 should be measured. The measurements should be conducted during a period of relatively constant wind speed. The strip chart recording will show a fairly constant noise level that is intermittently interrupted by higher noise levels due to wind noise and possibly vegetation noise. The lower noise levels recorded on the strip chart are primarily attributable to the WECS. This noise level should http://www.qcode.us/codes/palmsprings/ 819 337 7127/2017 Chapter 11.74 NOISE ORDINANCE correspond roughly to the L 90 noise level. The L 90 should be considered as the noise level attributable to the WECS. The wind speed during the measurement period should not exceed twenty-five miles per hour as measured at ten feet above ground. For compliance testing, the ten-minute measurements should be repeated three times. (5) The following parameters during noise measurements shall be noted and included in the noise report: (A) Average wind speed; (B) Gust wind speed; (C) Wind direction; (D) Temperature; (E) Relative humidity; (F) General weather conditions (e.g. cloudy, clear, inversions); (G) Terrain (e.g. hills, level, ravines); and (H) Surrounding vegetation. (6) Three ten-minute noise measurements should be made for compliance testing. (7) The noise level used will be the arithmetic average of the L 90 levels recorded during the three measurement periods. (Ord. 1473 § 1, 1994) !1.74.050 Exceptions. The following noise sources are specifically excluded from the provisions of this chapter: ( 1) The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work; (2) The operation ofrefuse collection under franchise agreement with the city of Palm Springs. (Ord. 1167 § 1, 1982) !1.74.051 Preexisting noise sources. Those commercial and/or industrial noise sources in existence prior to the date of adoption of the ordinance codified in this chapter, which noise sources are an integral part of a building, structure, or similar fixed and permanent installation if in compliance with local zoning statutes, shall be granted a five-year period from the date of adoption with which to comply with the provisions of this chapter. If, at the end of the five-year period, it can be shown that compliance with the provisions herein constitutes a hardship in terms of technical and economic feasibility, the time to comply may be extended on an annual basis until such time as compliance may be affected. (Ord. 1167 § 1, 1982) 11.74.052 Violation-Infraction. Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of any such violation. (Ord. 1409 § 1, 1992: Ord. 1167 § 1, 1982) 11.74.053 Continuing or subsequent violations-Misdemeanor. Any person having been cited for violation of any provision of this chapter who within one year thereafter commits a second or any subsequent violation of the same provision of this chapter, including, without limitation thereby, suffering or permitting said violation to continue for a second or subsequent day, shall be guilty of a misdemeanor. (Ord. 1409 § 1, 1992: Ord. 1167 § 1, 1982) ~1.74.054 Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 1167 § 1, 1982) View the mobile yersion. http://www.qcode.us/codes/palmsprings/ 9/9 338 7127/2017 Chapter 8.45 NOISE Rancho Mirage Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 8 HEALTli AND SAFETY Cha r 8.45 NOISE 8.45.010 Purpose. The city has established a quality of life and environment in which peace and quiet is highly valued by its residents, visitors and businesses. The existence of excessive noise within the city is a condition which is detrimental to the health, safety, comfort, welfare and quality oflife of the citizenry and shall be regulated in the public interest. lbis chapter has been created to implement the goals and policies of the noise element of the city's general plan and to prohibit undesirable noises in the community. This chapter shall be referred to and cited as the Rancho Mirage noise ordinance. (Ord. 633 § l(Exh. A), 1995) 8.45.020 Definitions. Ambient noise level means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. Cumulative period means an additive period of time consisting of individual time segments which may be continuous or interrupted. Decibel (dBA) means a unit of sound level measured on a sound level meter using the A-weighting network. Emergency means any occurrence or set of circumstances involving actual or imminent physical danger, crisis, trauma or property damage which demands immediate action. Noise level means the same as sound level the terms are interchangeable. Person means any individual, association, partnership, corporation, organization, or public agency, including associated officer(s), employee(s) or department(s). Sound level means the quantity of decibels measured using the frequency weighting of A of a sound level meter. Sound level meter means an instrument meeting the American National Standards Institute's standard Sl.4-1983 or later revision, for JYpe 1 or JYpe 2 specifications; or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (Ord. 633 § l{Exh. A), 1995) 8.45.030 Exterior noise level limits. No person shall operate or cause to be operated any source of sound or allow the creation of sound or noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level, as measured on any other property, to exceed: A. The noise level for the applicable zone specified in Table A-1 for a cumulative period of more than thirty minutes in any hour of the applicable time period. Table A-1 Land Use/Zone Time of Day Noise Level (dBA) 7:00 a.m. to 6:00 p.m. 55 Residential, Low Density (R-E, H-R, R-L-2, R-L-3) 6:00 p.m. to 10:00 p.m. 50 10:00 p.m. to 7:00 a.m. 45 Residential, Medium and High Density, Hospital, Open 7:00 a.m. to 6:00 p.m. 60 Space (OS, R-M, R-H, MHP) 6:00 p.m. to 10:00 p.m. 55 http://www.qcode.us/codes/ranchomirage/ 1/3 339 7127/2017 Chapter 8.45 NOISE I 10:00 p.m. to 7:00 a.m. 50 7:00 a.m. to 6:00 p.m. 65 Commercial Office, Resort Commercial, Mixed Use, 6:00 p.m. to 10:00 p.m. 60 Institutional (0, P, Rs-H, M-U) 10:00 p.m. to 7:00 a.m. 55 7:00 a.m. to 6:00 p.m. 70 Commercial Neighborhood, General Commercial, 6:00 p.m. to 10:00 p.m. 65 Commercial Recreation, Light Industrial (C-N, C-G, 1-L) 10:00 p.m. to 7:00 a.m. 60 B. For cumulative periods of time less than thirty minutes in an hour, all the noise standards in Table A-1 are increased according to Table B-1. TableB-1 Duration of Sound dBA Adjustment 15-30 minutes per hour +3 10---15 minutes per hour +5 5-10 minutes per hour + 10 1-5 minutes per hour + 15 Any period of time less than 1 minute per hour +20 C. If the measured ambient noise level exceeds the dBA limits in Table A-1, the noise limits and their adjustments for the first three categories in Table B-1 shall be increased in five dBA increments as needed to encompass or reflect said ambient noise level. The maximum noise level under the last two categories in Table B-1 shall be increased, if necessary, only to equal the ambient noise level. (Ord. 1015 § 2, 2011; Ord. 633 § l(Exh. A), 1995) 8.45.040 Noise level measurement. A. The location selected for measuring exterior noise levels shall be at the point of the property line of the affected property nearest the alleged offending noise source. If possible, the ambient noise shall be measured at the same location along the property line. B. If the measurement location is on a boundary between two different locations, the noise level limit applicable to the lower noise zone shall apply. C. Upon receipt of a complaint or a request to investigate, the code compliance officer, equipped with an American National Standards Institute Type 2 or better sound level meter, may investigate the complaint. The investigation shall consist of measurements and the gathering of data to adequately define the noise problem and shall include the following: 1. Type and measurement of noise source; 2. Location of noise source relative to complainant's or affected property; 3. Time period during which noise source is considered to be intrusive; 4. Total duration of noise levels measured; 5. Date(s) and time(s) of noise measurement survey. (Ord. 633 § l(Exh. A), 1995) 8.45.050 Special provisions and exemptions. The following activities and noise sources shall be exempted from the provisions of this chapter: A. School bands, school athletic and other activities occurring on a school campus; http://www.qcode.us/codes/ranchomirage/ 2/3 340 7127/2017 Chapter8.45 NOISE B. Outdoor gatherings, dance, shows, entertainment for events authorized through the city's special events process; C. Activities conducted in public parks and public playgrounds that are dependent upon such facilities for their operation; D. Any emission of sound for purposes of alerting persons to an emergency or the general emission of sound during performance of emergency work; E. Construction, alteration, repair, grading or improvement of any building, structure, road or improvement to real property for which a permit has been issued by the city if said construction occurs within the allowable hours set forth in Section 15.04.030(A)(10); F. The operation of any equipment and machinery at any time within any zone by the city, its employees, or any agent or :franchisee of the city in the course of performing maintenance, construction or trash collection. (Ord. 633 § l(Exh. A), 1995) 8.45.060 Additional prohibition. __ _ It is unlawful and a nuisance for any person to keep, maintain or permit upon any lot or parcel of land within the city under his or her control any animal, including any fowl, which by any sound or cry shall habitually disturb the peace and comfort of any person in the reasonable and comfortable enjoyment of life or property. (Ord. 633 § 1 (Exh. A), 1995) 8.45.065 Landscape maintenance. A. It is unlawful and a public nuisance for any person to permit or perform for-hire landscape and non-emergency exterior hardscape maintenance activities such as, but not limited to, tree trimming, re-seeding, lawn mowing, leaf blowing, dust and debris clearing and any other landscaping or nonemergency exterior hardscape maintenance activities which utilize any motorized saw, sander, drill, grinder, leaf-blower, lawnmower, hedge trimmer, edger, or any other similar tool or device any time on Saturday and Sunday and between the hours of six p.m. and seven a.m. the next day during weekdays, unless otherwise provided in this section. B. The regular mowing or grooming of golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be exempt from the restrictions set forth in this section. The allowed work hours for mowing or green preparation for golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be between five thirty a.m. and seven p.m., seven days per week and during all seasons of the year. C. Nothing set forth in this section shall perm.it any person from engaging in any activities that exceed the exterior noise level limits set forth in Section 8.45.030 or otherwise constitute a public nuisance as set forth in Section 14.60.325 of the Municipal Code. (Ord. 979, § 1, 2009; Ord. 936, § 3, 2006) 8.45.070 Administration. The noise control program established by this chapter shall be administered by and is the responsibility of the code compliance division as directed by the director of the community development department. (Ord. 633 § l(Exh. A), 1995) 8.45.080 Violations and enforcement procedures. Violations of this chapter are declared to be a nuisance and subject to the procedures, remedies and penalties set forth in Title 14. (Ord. 916 §4, 2006; Ord. 633 § l(Exh. A), 1995) View the mobile yersion. http://www.qcode.us/codes/ranchomirage/ 313 341 342 ATTACHMENT 3 343 344 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE BY ADDING CERTAIN APPEAL FEES AND A CLARIFYING FOOTNOTE RECOMMENDATION Adopt a Resolution to update the City’s user and regulatory Master Fee Schedule by adding certain appeal fees and a clarifying footnote for line item no. 9 – Expedited Plan Review fee under the Public Works section. EXECUTIVE SUMMARY •The City periodically updates user and regulatory fees. Fee adjustments are made to improve the correlation between the cost of providing services and the fees imposed to recover those costs. •On August 1, 2017, the Council adopted Resolution No. 2017-041 approving the current user and regulatory Master Fee Schedule (MFS). •The proposed additions are limited to fees associated with “appeals” and are intended to provide clarity. •The proposed clarifying footnote for Public Works is related to expedited plan review requests; no fee change is proposed. •The City retained ClearSource Financial Consulting (ClearSource) for this update. ClearSource has assisted the City with fee updates since 2013. •Notice regarding the proposed additions was provided to stakeholder groups, and the Public Hearing notice was published in The Desert Sun. FISCAL IMPACT Based on the low volume of appeals filed, the new fee schedule is not anticipated to affect annual revenue ($0 change in annual revenue). BACKGROUND/ANALYSIS Fees for all five-appeal processes outlined in the La Quinta Municipal Code (Code) were not updated during the August 1, 2017, MFS update. The City commissioned ClearSource to conduct a cost of service analysis (Attachment 1) for the top three categories listed PUBLIC HEARING ITEM NO. 2 345 below. No changes are proposed to the existing fees for appeals to the Planning Commission and City Council. The recommended fees for these services target less than full cost recovery, which is consistent with the City’s historical cost recovery policy. The table below summarizes the proposed updates: Category Proposed Fee Note Proposed Cost Recovery 1 Appeal to Hearing Officer of Administrative Citation $25 [a] 7% 2 Appeal to City Manager of Administrative Decision $250 [b] 79% 3 Appeal to Construction Board of Appeals $1,500 [b] 80% 4 Appeal to Planning Commission $1,500 [b] 80% 5 Appeal to City Council $1,500 [b] 80% [a] Advance deposit of the full amount of the fine is required. [b] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission, or City Council. The proposed clarifying footnote for line item no. 9 – Expedited Plan Review fee under the Public Works section of the MFS, states “such requests are subject to City Engineer approval and are dependent on staff availability and workload.” No change is proposed to the fee nor are changes proposed for the other fees in the MFS. If adopted, these additions will be incorporated into the MFS and the appeal fees will go into effect in 60 days (February 3, 2018). AGENCY AND PUBLIC REVIEW Notice regarding the proposed fee changes was provided in accordance with Government Code Sections 66016 and 6062(a). Interested stakeholders, the Building Industry Association of Southern California – Riverside County Chapter (BIA), Desert Valley Builders Association (DVBA), and the Southern California Gas Company (SC Gas) received notice of these recommendations on November 7 and 13, 2017; a Public Hearing notice was published in the Desert Sun on November 24 and December 1, 2017. On November 8, 2017, the DVBA submitted a letter of support (Attachment 2); on November 13, 2017, the BIA submitted a comment letter (Attachment 3) stating they will not be taking a formal position at this time. To date no comments have been received from SC Gas. The DVBA’s support letter suggests adding a section to the Code that the appellant would be refunded paid appeal fees, if the appellant prevails and the appeal was due to “an interpretive disagreement.” Consistent with existing Code provisions and other city codes examined, staff recommends that all appeal fees remain non-refundable. State law is 346 silent on the matter of retaining or refunding appeal fees based on the outcome of the appeal. ALTERNATIVES Council may elect not to add the proposed appeal fees to the MFS or to adopt a higher or lower percentage of cost recovery fees. Prepared by: Monika Radeva, Deputy City Clerk Approved by: Susan Maysels, City Clerk Attachments: 1. Cost of Service Analysis 2. DVBA Letter of Support Dated November 8, 2017 3. BIA Comment Letter Dated November 13, 2017 347 348 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING APPEAL FEES AND A CLARIFYING FOOTNOTE FOR LINE ITEM NO. 9 – EXPEDITED PLAN REVIEW FEE UNDER THE PUBLIC WORKS SECTION TO THE MASTER FEE SCHEDULE WHEREAS, this action is exempt under the California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273(a) Rates, Tolls, Fares, and Charges; and WHEREAS, this hearing to set fees was duly noticed pursuant to Government Code Sections 6062(a) and 66016, local agency fees; new fees and increases; procedures; and WHEREAS, on August 1, 2017, the City Council adopted Resolution No. 2017- 041 updating the City’s user and regulatory Master Fee Schedule; and WHEREAS, the City would like to establish set appeal fees for the five appeal processes outlined in the La Quinta Municipal Code; and WHEREAS, the City would like to add a clarifying footnoted to line item no. 9 – Expedited Plan Review fee under the Public Works section of the Master Fee Schedule; and WHEREAS, the City commissioned ClearSource Financial Consulting to conduct a cost of service analysis to determine the appeal fees, which analysis is available for public review; and WHEREAS, the City Council hereby finds that the analysis provides adequate evidence to conclude that the fees added to the Master Fee Schedule do not exceed the estimated cost to provide the service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding of the City Council. SECTION 2. The appeal fees and clarifying footnote to line item no. 9 – Expedited Plan Review fee under the Public Works section, as shown in “Exhibit A,” are hereby adopted and added to the Master Fee Schedule. 349 Resolution No. 2017- Master Fee Schedule – Adding Appeal Fees and Clarifying Footnote to Line Item No. 9 – Expedited Plan Review Fee Adopted: December 5, 2017 Page 2 of 2 SECTION 3. The City’s user and regulatory fees established in the Master Fee Schedule and adopted on August 1, 2017, by Resolution No. 2017-041 remain unchanged and in full force and effect. SECTION 4. This Resolution shall become effective on December 5, 2017. The fees imposed by this Resolution shall go into effect 60 days following the effective date of this Resolution (February 3, 2018). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of December, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________________________ SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 350 Fee Description Fee Unit Notes 1 Appeal to Hearing Officer of Administrative Citation $25 per appeal [a] 2 Appeal to City Manager of Administrative Decision $250 per appeal [b] 3 Appeal to Construction Board of Appeals $1,500 per appeal [b] 4 Appeal to Planning Commission $1,500 per appeal [b] 5 Appeal to City Council $1,500 per appeal [b] City of La Quinta Master Fee Schedule Schedule of Appeal Fees [a] Advanced deposit of the full amount of the fine is required. [b] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission, or City Council. PROPOSED APPEAL FEES & CLARIFYING FOOTNOTE EXHIBIT A 351 Fee Description Fee *UnitNotes City of La Quinta Master Fee Schedule Schedule of Public Works Fees k)Traffic Control Plan $78 per sheet l)Record Drawings Review i)Initial Sheet $819 per sheet ii)Each Additional Sheet $156 per sheet m)Hydrology Report $1,677 per report i)Revisions $780 per report n)Traffic Study $1,287 per study o)WQMP Report i)With Prior Entitlement $1,521 per report ii)Without Prior Entitlement $1,833 per report iii)Revisions $780 per report p)SWPPP $1,755 per plan i)Revisions $624 per plan q)Sewer and Water i)Initial Sheet $1,092 per sheet ii)Each Additional Sheet $468 per sheet iii)Revisions ‐ Initial Sheet $780 per sheet iv)Revisions ‐ Each Additional Sheet $468 per sheet 8Plan Review (>3 Reviews)$156 per hour 9 Expedited Plan Review Fee 1.5x standard fee [a] 10 Permit Inspection a)Rough Grading i)First 3 Acres $3,121 ii)Each Additional Acre $390 b)Precise Grading $0 i)First 3 Acres $3,121 ii)Each Additional Acre $390 c)Precise Grading ‐ Tract Homes [b] d)Precise Grading ‐ Custom Homes [b] e)PM10 i)< 10 Acres $3,745 [c] ii)10 ‐ 50 Acres $5,617 [c] iii)51 ‐ 200 Acres $7,490 [c] iv)> 200 Acres $11,235 [c] f)Street Improvements ‐ Off‐Site i)First 1,000 LF $4,993 ii)Each Additional 1,000 LF $2,809 g)Street Improvements ‐ On‐Site i)First 1,000 LF $3,433 [a] Expedited Plan Review request is subject to City Engineer approval. It is dependent on staff availability and workload. EXHIBIT APROPOSED APPEAL FEES & CLARIFYING FOOTNOTE 352 City of La QuintaCost of Service AnalysisAppealsTargeted Hourly Rate for Fee Setting Hearing Officer Code Enf'rcmt Bldg Plan'g Gen Direct Svc Div City Mgr 125$ 106$ 156$ 156$ 156$ $156Estimated Labor Time (Hours) Estimated Cost of Service Cost Recovery InformationFee Description Hearing Officer Code Enf'rcmt Bldg Plan'g Gen Direct Svc Div City Mgr Hearing Officer Code Enf'rcmt Bldg Plan'g Gen Direct Svc Div City Mgr Total Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Notes 1 Appeal to Hearing Officer of Administrative Citation1.50 1.50 188$ 159$ ‐$ ‐$ ‐$ ‐$ 347$ ‐$ 0% 25$ 7%2 Appeal to City Manager of Administrative Decision1.50 1.00 ‐$ 159$ ‐$ ‐$ ‐$ 156$ 315$ ‐$ 0% 250$ 79% [a]3 Appeal to Construction Board of Appeals12.00 ‐$ ‐$ 1,872$ ‐$ ‐$ ‐$ 1,872$ ‐$ 0% 1,500$ 80% [a]4 Appeal to Planning Commission12.00 ‐$ ‐$ ‐$ 1,872$ ‐$ ‐$ 1,872$ 1,500$ 80%1,500$ 80%[a]5 Appeal to City Council12.00 ‐$ ‐$ ‐$ 1,872$ ‐$ ‐$ 1,872$ 1,500$ 80% 1,500$ 80% [a][a] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission or City Council.Service Cost ‐ AppealsPage 1 of 1ATTACHMENT 1ATTACHMENT 1 353 354 ATTACHMENT 2 355 1 Monika Radeva From:Erica Harnik <eharnik@riversidebia.org> Sent:Monday, November 13, 2017 10:08 AM To:Monika Radeva Cc:Terry Madsen (tmadsen@ClearSourceFinancial.com); Susan Maysels Subject:City of La Quinta - Master Fee Schedule Update - Addition of Appeal Fees Good Morning Monica—Please forward this to the Mayor, Council and Staff. Dear Mayor Evans & Council, Thank you for including the BIA on the proposed resolution to update the city’s user and regulatory master fee schedule. We appreciate the opportunity to comment on this resolution and applaud the Staff for ensuring we received the information. Upon review of the proposed resolution, and analyzing the potential consequences to the building industry in La Quinta, the BIA will not be taking a formal position at this time. Again, we appreciate our partnership with the City of La Quinta and look forward to continuing our relationship with both city staff and the Council. Please contact us with any questions. Thank you, Erica Erica Harnik, Coachella Valley Senior Representative Building Industry Association | Riverside County Chapter 760.574.0753 Cell | 760.406.5965 Fax 70225 Highway 111, Suite D, Rancho Mirage, CA 92270 An Affiliate of NAHB, Washington D.C, and CBIA, Sacramento CONNECT WITH BIA/RIVERSIDE: ATTACHMENT 3 356 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE: DISCUSS EMERGENCY SERVICES EXERCISES AND ROLES RECOMMENDATION Discuss emergency services and disaster exercises that engage staff and City Council with the Emergency Operations Center. EXECUTIVE SUMMARY On December 6, 2017, Staff will participate in training in the Emergency Operations Center (EOC) to improve community response during a disaster. Staff will receive additional training and experience in their positions and sections. Council will participate in the policy group that supports the EOC and the field personnel. FISCAL IMPACT The cost of this training is included in the Fire Services/Emergency Management Contract with the County of Riverside. BACKGROUND/ANALYSIS On December 6, 2017, staff will have a hands-on opportunity to utilize previous emergency training, and practice the Emergency Operation Plan (EOP) in the City’s EOC. Staff and Council roles are outlined in the EOP, which provides structure and processes that the organization would utilize to respond to, and initially recover from, an event. The EOP details how the Council would interact with the EOC when a local disaster is declared. Some of the actions Council may take include: Proclaim a local disaster Institute a curfew Issue evacuation orders Address price gouging Alter or create policy to aid in response and recovery efforts STUDY SESSION ITEM NO. 1 357 In case of a major disaster, a community effort is necessary to respond and recover. The City will continue with ongoing staff and Community Emergency Response Team (CERT) volunteer training, and holding community seminars to promote individual and family preparedness. Staff will further review EOC operations and specifically the Council’s role during the Study Sesstion. Prepared by: Zander Johnston, Emergency Services Coordinator Approved by: Chris Escobedo, Community Resources Director 358 359 1 360 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: City Attorney’s Office Bill Ihrke DATE: December 5, 2017 SUBJECT: UPDATE REGARDING RIVERSIDE COUNTY GRAND JURY CITIZEN COMPLAINT FORM DATED SEPTEMBER 22, 2016 This Department Report is to update the City Council regarding a Riverside County Grand Jury Citizen Complaint Form, dated September 22, 2016, filed by Complainant Linda Gunnett. The citizen complaint generally alleged the city inappropriately awarded contracts to the Tall Man Group and deceived residents regarding IRS regulations and the sale of property at SilverRock to a developer. To date, no report from the Grand Jury has been issued, and, based on applicable deadlines in law, and the general practice of the Riverside County Grand Jury as communicated through general practice summaries, no report is likely to be issued based on a citizen complaint filed last fiscal year. In California, the Grand Jury serves in a civil capacity with statutory powers to act as the “watchdog” of local agency operations. It has broad discretion to determine whether to pursue an investigation. If an investigation is pursued, the Grand Jury is bound by strict confidentiality rules and may issue a report on the results of an investigation. If a report is to be issued, a city is allowed and must respond to findings and recommendations before a report is final. According law and practices applicable to cities in Riverside County, a final report from the Grand Jury must be submitted to the presiding judge of the superior court during that Grand Jury’s term. In Riverside County, the term of the Grand Jury corresponds to the state’s fiscal year. (Pen. Code § 933(a); see also, Superior Court of California, County of Riverside, retrieved at <http://www.riverside.courts.ca.gov/grandjury/grandjury.shtml>; California Grand Jurors’ Association (CGJA), FAQs, retrieved at <http://cgja.org/faqs>.) According to CGJA’s Internet Web site, it is an organization composed of current and former grand jurors from throughout the state dedicated to promoting the understanding of the practices of grand juries in California. CGJA FAQ # 51, as of Nov. 28, 2017, provides: Q. Is there a “drop dead” date by which a grand jury must submit its final reports to the court? A. Yes, the date is the end of the grand jury’s term. The term ends when the jury is DEPARTMENT REPORT ITEM NO. 2 361 discharged by the court. There is no grace period. “Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury.” (PC 933(a)). A grand jury has no power to submit reports after its term ends. While our office may not communicate directly with the current Grand Jury, our office has concluded that a report based on the above-referenced citizen complaint is unlikely at this time given that the prior Grand Jury’s term ended June 30, 2017. 362 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Karla Campos, Finance Director DATE: December 5, 2017 SUBJECT: APPROVED LAST AND FINAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE In late 2011, the State dissolved Redevelopment Agencies and every six months thereafter their successor agencies submitted a Recognized Obligation Payment Schedule (ROPS) to the Department of Finance (DOF) to fund wind-down activities. In August 2017, a preliminary Last and Final ROPS was submitted to DOF. Items on this comprehensive schedule include all bond debt service payments, City General Fund loan repayments, and funds needed for oversight and annual reporting requirements from fiscal years 2018/19 to 2039/40 (the next 22 years). Since submittal, Finance staff has reviewed each item with the DOF to ensure a full reconciliation with debt service schedules, and to anticipate future fee increases or unknown reporting requirements. The Last and Final ROPS may subsequently be amended only two times. DOF approval of the Last and Final ROPS facilitates an increase in the quarterly interest rate (from 3% to 4%, since the inception of the loan in November 2006) on the City General Fund loan. This will yield an additional $2.7 million of interest income. Since October 25, 2017 there are 18 agencies statewide with approved Last and Final ROPS. La Quinta is the first agency in the Coachella Valley joining the approval list. The approval of the Last and Final ROPS (Attachment 1) removes the requirement to file a ROPS every six months and provides for annual funding to continue winddown activities. Attachment: 1. Last and Final Recognized Obligation Payment Schedule City of La Quinta determination letter DEPARTMENT REPORT ITEM NO. 7 363 364 365 366 367 368 HOUSING COMMISSION MINUTES REGULAR MEETING 1 SEPTEMEBER13, 2017 HOUSING COMMISSION MINUTES WEDNESDAY, SEPTEMBER 13, 2017 A regular meeting of the Housing Commission was called to order at 6:00 p.m. by Chairperson Rogers. PRESENT: Commissioners Johnson, Long, McDonough, and Chairperson Rogers ABSENT:None PLEDGE OF ALLEGIANCE Chairperson Rogers led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON AGENDA – None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENT, PRESENTATIONS, AND WRITTEN COMMUNICATION 1. INTRODUCTION OF NEW CITY STAFF Business Analyst Villalpando introduced Management Specialist Angela Ferreira who joined the La Quinta team in September; Mrs. Ferreira gave an overview of her background and previous experience. Mr. Villalpando said that Commissioner Harland has resigned due health reasons; and that the City is accepting new applications. CONSENT CALENDAR 1.APPROVE MINUTES OF MAY 17, 2017 Motion – A motion was made and seconded by Commissioners Johnson/Long to approve Consent Calendar Item No. 1 as recommended. Motion passed – ayes 3, noes 0, abstain 1 (McDonough), absent 0. 2.APPROVE MINUTES OF JUNE 7, 2017 Motion – A motion was made and seconded by Commissioners Long/Johnson to approve Consent Calendar Item No. 2 as recommended. Motion passed – ayes 3, noes 0, abstain 1 (McDonough), absent 0. REPORTS AND INFORMATIONAL ITEM NO. 26 369 HOUSING COMMISSION MINUTES REGULAR MEETING 2 SEPTEMEBER13, 2017 3.APPROVE MINUTES OF JULY 12, 2017 Motion – A motion was made and seconded by Commissioners Johnson/ McDonough to approve the Consent Calendar Item No. 3 as recommended. Motion passed unanimously. BUSINESS SESSION – None STUDY SESSION 1.REVIEW 2017/18 HOUSING COMMISSION ACTIVITY Business Analyst Villalpando presented the staff report, which is on file at the Clerk’s Office. The Commission discussed: Tour of the affordable homes in the La Quinta Cove – staff explained that since the homes were occupied a tour would not be appropriate; Future affordable housing development opportunities; Current affordable housing agreements; The City’s affordable housing survey for tenants and property managers; The 2017/18 Commission meeting schedule. DEPARTMENT REPORTS – None REPORTS AND INFORMATIONAL ITEMS – None COMMISSIONERS’ ITEMS The Commission will review the affordable housing survey and provide feedback to staff regarding the survey questions and possible on-site drop-off locations at Washington Street Apartments, Miraflores, and Watercolors developments. ADJOURNMENT A motion was made and seconded by Commissioners Long/Johnson to adjourn the meeting at 6:18 p.m. Motion passed unanimously. Respectfully submitted, Marilyn Monreal, Management Assistant City of La Quinta, California 370 HAND OUTS CITY COUNCIL MEETING DECEMBER 5, 2017 COUNCIL MEETING - DECEMBER 5, 2017 - HAND-OUTS BY RESIDENTCONSENT CALENDAR ITEM NO. 4ADOPT ORDINANCE NO. 563 AMENDING CHAPTER 3.25 ADDING AN APPEAL PROCESS FOR STVR 1 Monika Radeva Subject:FW: Short-Term Rental Ordinance - December 5, 2017 City Council Meeting - PLEASE REVIEW Attachments:HA Ltr to Coucil 113017 FINAL.pdf Importance:High From: Walter Gonzales [mailto:wgonzales@homeaway.com] Sent: Thursday, November 30, 2017 12:34 PM To: Linda Evans; Robert Radi; Kathleen Fitzpatrick; John Pena; Steve Sanchez Cc: Susan Maysels; Walter Gonzales Subject: Short-Term Rental Ordinance - December 5, 2017 City Council Meeting - PLEASE REVIEW Importance: High Dear Mayor Evans and Councilmembers: On behalf of HomeAway and the hundreds of La Quinta homeowners who list their homes on our platform, I would like to thank you for the strong, balanced approach you have taken with the new short-term rental ordinance introduced on November 21. The City of La Quinta stands out for its welcoming attitude toward tourism, and its understanding of the valuable role short-term rentals play in offering a diverse and attractive mix of accommodations to visitors. City staff clearly recognize that with proper regulations in place, the entire community can share in the benefits created by short-term rentals. HomeAway believes that constructive partnerships between homeowners, city staff, and tourism- driven businesses are the most effective way to address concerns and ensure the system runs smoothly. In that spirit of partnership, I would like to offer any additional assistance we can provide, including working directly with your staff to ensure our owners meet city standards. Please feel free to contact me directly with any questions. I can be reached at 512.505.1615 and by email at wgonzales@homeaway.com. Thank you for your time and consideration. We look forward to your adoption of the ordinance at your December 5 City Council meeting. Sincerely, Walter R. Gonzales Government Affairs Manager, Southwest Region HomeAway 1011 West Fifth Street, Suite 300 Austin, Texas 78703 Direct: 512.505.1615 wgonzales@homeaway.com This electronic communication (including any attachment) may be confidential. If this communication is addressed to any HomeAway personnel or legal counsel, it is also attorney‐client privileged. If you are not an intended recipient of this communication, please be advised that any disclosure, dissemination, distribution, copying or other use of this communication or any attachment is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply e‐mail and promptly destroy all electronic and printed copies of this communication and any attachment. COUNCIL MEETING - DECEMBER 5, 2017 - HAND-OUTS BY RESIDENTS CONSENT CALENDAR ITEM NO. 4 ADOPT ORDINANCE NO. 563 AMENDING CHAPTER 3.25 ADDING AN APPEAL PROCESS FOR STVR ADOPT A RESOLUTION CERTYFYING A NREGATIVE DECLARATION OF ENV. IMPACTS AND INT FOR COUNCIL MEETING - DECEMBER 5, 2017 - PUBLIC HEARING ITEM NO. 1 ADOPT A RESO CERTYFYING A NEGATIVE DECLARATION OF ENV. IMPACTS AND INTRODUCE FOR FIRST READING AN ORD AMENDING SECTION 9.100.210 OF THE LQMC RELATING TO AN EXEMPTION FOR GOLF COURSE ORDINANCE NO. 564 - HAND-OUT BY STAFF COUNCIL MEETING - DECEMBER 5, 2017 - PUBLIC HEARING ITEM NO. 1ADOPT A RE SO CERTYFYING A NEGATIVE DECLARATION OF ENV. IMPACTS AND INTRODUCE FOR FIRST READING AN ORD AMENDING SECTION 9.100.210 OF THE LQMC RELATING TO AN EXEMPTION FOR GOLF COURSE HAND-OUTS BY RESIDENTS POWER POINTS CITY COUNCIL MEETING DECEMBER 5, 2017 12/6/2017 1 City Council Meeting December 5, 2017 City Council Meeting December 5, 2015 PH1 – Amend Code Section 9.100.210 Noise Control 12/6/2017 2 Background •Golf courses are integral to the City •Course preparation and maintenance is essential •Maintenance equipment noise exceeds City’s 50 dBA noise limit 12/6/2017 3 Proposal •Amend noise standards to allow golf course maintenance between 5:30 a.m. and 8:00 p.m. Golf Maintenance Exemptions •Other cities allow golf course maintenance noise as early as 5:30 a.m. 12/6/2017 4 Environmental Review •Initial Study prepared •No significant impacts 12/6/2017 5 City Council Meeting December 5, 2017 PH2 – Master Fee Schedule Update Background •August 2017 - Master Fee Schedule adopted •Fees for 3 appeal categories were not included •ClearSource Financial conducted a cost of service analysis 12/6/2017 6 Proposed Appeal Fees Category Proposed Fee Note Proposed Cost Recovery 1 Appeal to Hearing Officer of Administrative Citation $25 [a] 7% 2 Appeal to City Manager of Administrative Decision $250 [b] 79% 3 Appeal to Construction Board of Appeals $1,500 [b] 80% 4 Appeal to Planning Commission $1,500 [b]80% 5 Appeal to City Council $1,500 [b]80% [a] Advance deposit of the full amount of the fine is required. [b] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission, or City Council. Clarifying Footnote 12/6/2017 7 Notice and Outreach •Stakeholder notifications – November 7 and 13, 2017 •Public Hearing publications in The Desert Sun – November 24 and December 1, 2017 •If adopted – effective February 3, 2018 12/6/2017 8 City Council Meeting December 5, 2017 SS1 – Discuss Emergency Services Exercises and Roles 12/6/2017 9 Purpose •Outline Staff and Council roles in an emergency / disaster •Gain better understanding of responsibilities Staff Role •Staff has received advanced training related to: Incident Command System Standardized Emergency Management System Emergency Operations Center (EOC) •December 6, 2017 – hands-on training exercise in EOC •Additional staff experience in positions and sections –Emergency training per Emergency Operations Plan (EOP) guidelines •Practice to improve response 12/6/2017 10 Council Role •Assist EOC Director on policies related to: Resident safety and wellbeing Financial impacts Long term recovery •Primary conduit between City and public during / after event Proclaim local disaster Expand available immunities from liability for City, staff and volunteers Issue curfew / evacuation orders Price gouging issues